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

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NETHERLANDSRole of National Diversity Unit in a Decentralized Policing SystemThe Netherlands’ National Diversity Expertise Centre (LECD) is mandated to workwith all law enforcement services, but in practice has largely worked with police. It hasa staff of fifteen, one of whom addresses discrimination. It has a task force on “policedilemmas” that includes ethnic profiling, Muslims, and racist attitudes. The LECDadvises the Ministry of the Interior and law enforcement agencies on working inmulti-ethnic environments, promotes diversity within agencies, advises and supportsagencies in addressing discrimination, and provides expertise when public securityproblems arise in multi-ethnic areas. It is not a permanent institution but a moreshort-term initiative that is approved to work through 2014.IRELANDGarda Racial and Intercultural UnitThe Garda Racial and Intercultural Unit (GRIU) has a broad mandate—to coordinate,monitor and advise on all aspects of policing ethnic and cultural diversity—and astaff of two. The GRIU has conducted extensive outreach to ethnic minorities to buildcommunication; it also holds an annual meeting with ethnic minority communities.Grassroots level outreach is conducted through “ethnic liaison officers” or ELOswho are local officers (“Gardai”) charged with building relations with diverse ethniccommunities locally in addition to their other duties. This approach encounteredinitial problems when Gardai holding immigration functions were assigned to workas ELOs; the policy was ended. In practice, the effectiveness of ELOs reflects theefforts of individual officers. In mid-2008 there were approximately 550 ELOs, and thenumber was set to increase, although the ability of the GRIU to support an increasednumber of ELOs is in question, given its small staff.The work of GRIU faces challenges. Independent sources stated that officer awarenessof the unit may be limited, and that greater leadership and resources are neededto reinforce and mainstream its values throughout the Garda.144 CHANGING INSTITUTIONAL CULTURE
General principles of good practice regarding specialized diversity units:Diversity units should not be the only element of a police force addressing issuesof ethnic profiling and non-discrimination. Rather, ethnic profiling and non-discriminationmust be addressed holistically, across the entire force.Diversity units need support from senior leadership and an institutional commitmentto non-discrimination values.Special units need staff with expertise and resources to address the complexissues involved.Staff must receive training, supervision, and support to carry out their functions.Officers working in diversity units need to have the profile and skills to win thetrust of minority communities.Local ethnic minority communities should be closely involved in the development,implementation, and evaluation of the work of diversity units.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 145
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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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passengers at borders, although the
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UNITED KINGDOMMerseyside Police Rev
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Reducing Ethnic Profiling and Impro
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As the above examples indicate, dat
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Research Approaches and Methodologi
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Observational studies were pioneere
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The study revealed that in addition
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esponses, and in some cases, broad
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Page 98 and 99: UNITED KINGDOMThe Views of the Publ
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Page 107 and 108: people were stopped and valuable po
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Page 111 and 112: Supervision and Oversight of Front-
Page 113 and 114: This is not to say that stop forms
Page 115 and 116: • Recording of self-defined ethni
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 130 and 131: Where possible, training should inc
Page 132 and 133: SWEDENPolice and Youth Sharing Expe
Page 134 and 135: Training in the Counter-radicalizat
Page 137 and 138: VIII. Changing Institutional Cultur
Page 139 and 140: and Wales have used the package. Mo
Page 141 and 142: NORTHERN IRELANDCreating a More Bal
Page 143 and 144: Moroccan man. Another minority offi
Page 145: 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
Page 158 and 159: variety of individuals with “life
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 170 and 171: General principles of good practice
Page 173 and 174: Appendix A:Sample Stop Forms171
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Page 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
Page 191: West Yorkshire Police Stop ReceiptR
Page 194 and 195: 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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