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

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A large number of Polish migrants have settled in the City and Holbeck area ofWest Yorkshire in the United Kingdom. Recognizing this trend and hoping to encouragebetter communication, a group of local police officers took a twelve-week Polishlanguage and culture course delivered by Polish students at a local university. Officersattended a weekly lesson and reported enjoying the classes. The course provided enoughPolish for officers to greet and have simple conversations in Polish, and communicateimportant information in an emergency.The Basic Skills Agency, in association with South Wales Police and Cardiff CityCouncil’s ESOL Service, has produced “Police ESOL,” a course that teaches English as itbuilds relationships between law enforcement officers and communities where Englishis not their first language.UNITED KINGDOMPolice ESOLIn 2003, the Basic Skills Agency, in association with South Wales Police and CardiffCity Council’s ESOL Service, has produced “Police ESOL”; an English languagetraining pack for English Speakers of Other Languages (ESOL). 234 “Police ESOL” wasoriginally designed with a view to strengthening links with the increasing numberof asylum seekers living in Wales, but has since been expanded to develop Englishlanguage skills in order to improving communication between the police and black,Asian and minority ethnic communities. Police ESOL is a course in which policeparticipate teaching English thus building relationships between law enforcementofficers and communities. It focuses on providing students with practical knowledgeabout law and policing in the United Kingdom, including the police structure,domestic violence, racism and dealing with an emergency. Each session is intendedto give students confidence in the police, a sense of what they do and an understandingof United Kingdom laws, while developing core written and spoken Englishskills. Building a more direct relationship between the police and minority communitieswho are learning English can reduce the fears that have traditionally preventedracial incidents or domestic violence from being reported and can allow those participatingin the training to raise issues of local concern with officers.Specialized UnitsSpecialist units with particular skills are created to respond to specific issues and/or communities at times of need. (These are distinguished by their more operationalfocus and approach from the diversity units discussed in Chapter VII which are created154 COMMUNITY OUTREACH AND INVOLVEMENT
to work on diversity issues across the police.) Specialist units can help to avoid ethnicprofiling and reduce perceptions of discrimination in as much as they are a specific andvisible response to the issue. Special units are typically composed of officers’ with specificskills, often language or cultural skills. Some units are composed of minority officerswho normally perform other duties but are available in response to arising needsin communities of their ethnic origin. Other units have varied personnel composition,but dedicate special resources to reach out to particular communities.In the Netherlands, the National Diversity Expertise Centre (LECD) has an experttrouble-shooting group of approximately 50 police officers of different ethnic backgroundswho are seconded to the group for up to 80 hours a year on an as-needed basis.The expert group can be called on to troubleshoot problems in multi-ethnic areas. Theteam not only addresses the problem, but also assists the police service in identifyingany relevant institutional issues, such as lack of minority representation in the lawenforcement agency.The “dialogue police” in Stockholm, Gothenburg, and Malmoe protect fundamentalrights such as freedom of religion, speech, press and opinion. In practice, theylargely work on demonstrations. The dialogue police function as a bridge between demonstratorsand the police, working to build trust with minority groups and politicalorganizations. The police say that the initiative has facilitated contacts with groups theywould not otherwise reach with any frequency.Special units do not necessarily focus on language or cultural skills relevantonly to policing minority communities. The London Metropolitan Police’s special unitdescribed in the case study below, incudes very broad-ranging skills and has respondedto minority community among many other matters.UNITED KINGDOMLondon MPS Cultural and Communities Resource Unit 235In 2003, the Metropolitan Police Service formed the Cultural and CommunitiesResource Unit (CCRU) following investigations involving black and gay communitiesin London which had highlighted the difficulty in gaining access to communities thatare traditionally suspicious of the police. Black and gay officers were drafted in andprovided crucial assistance to those investigations.The unit runs a confidential database of officers who volunteer their expertise in aparticular area. Officers heading particular investigations or operations can contactthe unit to request officers with the expertize they require. The database records aREDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 155
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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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DENMARKMedia Reporting of Police St
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Page 107 and 108: people were stopped and valuable po
Page 109 and 110: only do so if the measure is determ
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 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 158 and 159: variety of individuals with “life
Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
Page 162 and 163: their needs, and problems, and hear
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
Page 175 and 176: REDUCING ETHNIC PROFILING IN THE EU
Page 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
Page 191: West Yorkshire Police Stop ReceiptR
Page 194 and 195: Covenant rights that are especially
Page 196 and 197: • Necessity: The use of ethnic pr
Page 198 and 199: The clear risk of arbitrariness in
Page 200 and 201: The Committee considers that identi
Page 202 and 203: adopted on June 29, 2007, CRI/Counc
Page 204 and 205: 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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