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

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Take steps to ensure that all parts of the community are involved, including marginalizedgroups, vulnerable people, and others who may be hard to reach orhear. This includes being sensitive to divisions within communities and the useof appropriate tools of engagement for different groups.Define clear accountability structures including terms of reference and protocolsfor involvement mechanisms. It is important that community members understandhow their input will be used.Help communities build the capacity to hold the police accountable throughenhancing necessary skills and expertise.Provide resources to assist those working to build community involvementmechanisms.Community Policing ApproachesMany EU member states have long-standing community policing or “proximity policing”strategies which work through close contact and partnership with local residents.Community policing approaches can address ethnic profiling by supporting outreach toethnic minority and immigrant communities, improving relations and understanding,and improving service delivery.Community outreach must be taken seriously by law enforcement agencies, whomust commit to sustained dialogue with community representatives. Law enforcementagencies undermine their efforts if they only reach out in times of crisis. A dialoguerequires that law enforcement be willing to hear community complaints regarding theirpractices, and respond to the issues that are raised.Communication must be also be sustained through changes in police personnel.This means that the community policing approach needs to be integrated into the organization’sway of doing business rather than relegated to a handful of officers chargedwith “minority community relations.” Productive and enduring community outreachcannot be a one-way process of law enforcement instructing the community on issuesand actions; it must be a two-way process.The United Kingdom’s West Yorkshire Police regularly conduct “street briefings.”Twice a day senior officers brief police officers in public places such as parks, communitycenters, and commercial thoroughfares. Members of the public can listen to thebriefing given to officers before they go on patrol and are invited to join in and highlightlocal issues and concerns. The reaction to the street briefings by the local communitiesand the police has been positive, as it increases visibility and helps officers to understandand target local problems.150 COMMUNITY OUTREACH AND INVOLVEMENT
Law enforcement agencies must be sensitive to the fact that cooperation with lawenforcement is not always viewed favorably by all community residents, particularly incommunities with strained relations with police. In some cases, local leaders may losethe trust of community members if there is an explicit expectation and publicity aroundcooperation with police. Law enforcement officers at the local level must enjoy somelevel of discretion to respond to needs of marginalized groups, including those whoseresidency status may be irregular.The following case study on Bray, in Ireland, shows how police can build relationswith minority and new immigrant communities through assisting them in matters ofconcern.IRELANDBray’s “Garda on the beat” 232In Bray, a suburb of Dublin, a small group of community police have built relationswith minority groups, including “new minorities” and Travellers. They take a“Garda on the beat” approach based on direct personal contact to find ways tomeet the needs of minority groups, often through simple gestures, such as lendingrooms, providing information, or assisting with transportation, security or logisticsfor events.For instance, community Gardai have provided information to members of theChinese community on work and residence permits, and have arranged for officialsfrom other services—such as the immigration bureau—to give talks. The Gardai gavea local Chinese group information about how to form an association. These contactsbuilt a level of trust that has enabled members of the Chinese community talk to theGardai about very sensitive issues, including the difficulties of illegal migrants, suchas exploitation or legalizing their status. Such discussions require that the Gardaihave discretion and do not use that information to enforce immigration law.Gardai have also been reaching out to the growing Indian community. A local Gardaihas been dropping by new Indian shops, chatting with individuals and providingcontact information. Gardai also held an informal meeting with Indian representativesto get acquainted and see ways they could assist, and Gardai attended theIndian Harvest Festival Celebration. This was followed by an informal workshop onroad traffic regulations at the request of Indian community representatives, withofficers in plain clothes, in a local pub.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 151
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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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UNITED STATESAttitudinal Survey of
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UNITED KINGDOMThe Views of the Publ
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NORTHERN IRELANDBeyond the Margins:
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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
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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
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Page 125: GREECEProhibition of Racist Languag
Page 128 and 129: This handbook recommends that law e
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Page 132 and 133: SWEDENPolice and Youth Sharing Expe
Page 134 and 135: Training in the Counter-radicalizat
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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 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 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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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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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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