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

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The United Nations, the Council of Europe, and the European Commission havehighlighted ethnic profiling as a particular area of concern with respect to discriminatorypolicing practices. International human rights monitoring bodies have likewisehighlighted ethnic profiling as an area of concern.The first step in addressing ethnic profiling is to admit its existence and recognizeits discriminatory nature. The next step is deciding what to do about it. The final stepis implementing new policies and practices that reduce ethnic profiling and replace itwith more reasoned and effective procedures. Reducing Ethnic Profiling in the EuropeanUnion aims to assist in this process by offering diagnostic questions, providing ideasand models of proven good practice, and identifying challenges and impediments toreform. It is the result of a thorough review of existing laws and relevant academicliterature, field testing of specific reforms, and extensive interactions with state authorities,law enforcement agencies, civil society organizations, and local ethnic minoritycommunities across the EU.Ethnic profiling is not an easy issue to resolve. Law enforcement agencies mayfeel that a focus on ethnic profiling unfairly singles them out as racist. For ethnicminority persons and communities, discussions of ethnic profiling highlight stereotypesabout minorities and offending.But while discussions of discrimination and racism are never easy, reducing ethnicprofiling can be a win-win proposition that benefits law enforcement agencies andthe many communities they serve. Both research and first-hand experience—exemplifiedin the case studies throughout this handbook—demonstrate that adopting goodpractices not only supports fairer policing but can also improve the effectiveness of lawenforcement.This handbook provides a wide-ranging review of current efforts to reduce ethnicprofiling and support non-discriminatory law enforcement. Its numerous case studiesexamine: non-discriminatory standards established in legal instruments and operationalguidelines, research and monitoring methodologies, institutional practices that createnon-discriminatory workplaces that reflect the societies they serve, and models of communityoutreach and engagement. The case studies and explanatory text aim to provideclear and practical support to all those seeking to understand the dynamics and reducethe frequency of ethnic profiling. Taken together, they offer a holistic approach to lawenforcement that does not discriminate.Beginning with a definition of ethnic profiling, this handbook examines the needfor a holistic approach to reducing ethnic profiling, then looks at the legal standards andinstitutional policies for addressing ethnic profiling, as well as the oversight bodies andcomplaints mechanisms relevant to the issue. Subsequent chapters explore the use ofethnicity in data gathering by law enforcement, strategies for reducing disproportionalityand improving the quality of contacts between police and community members, and14 INTRODUCTION
the importance of training, reforming institutional cultures, and community outreachin reducing ethnic profiling. The book concludes with annexes documenting relevantlegal standards and case law and providing references for additional research.This handbook includes nearly 100 brief case studies drawn from 19 Europeancountries and the United States. They are intended as models for reform efforts,although it is important to bear in mind that any initiative to reduce ethnic profilingmust be tailored to local circumstances. Each case study is introduced with brief textexplaining its significance, and each section closes with bullet points summarizing keyelements of the good practices represented in the case studies.The handbook has been prepared to support national and local authorities andlaw enforcement agencies across the European Union as they take steps to monitorand reduce ethnic profiling. It is intended to help political authorities, oversight institutions,law enforcement entities, civil society organizations, and community representativesbetter understand the dynamics and costs of ethnic profiling, and aid them indeveloping new partnerships, policies, and practices to address the problem. While thishandbook focuses on European Union legal standards and law enforcement practices,it has broader relevance for any setting in which ethnic profiling has been identified asan issue to be addressed.The practices and policies set out in this handbook are not mutually exclusive,but rather are meant to complement each other and add up to a holistic approach toreducing ethnic profiling. In most settings, the best approach will be identified throughengagement and dialogue with the diverse communities that are affected by ethnicprofiling: ethnic minority groups, law enforcement institutions and officers, and legaland political authorities.Encouragingly, the experiences gathered in this handbook demonstrate that thereis increasing recognition of the challenges of enforcing the law in racially and ethnicallydiverse communities, and of the need to incorporate non-discrimination principlesdirectly and explicitly into law enforcement policy and practice. Efforts to address ethnicprofiling can not only reduce discriminatory practices and outcomes, but can alsoenhance the overall quality and efficiency of law enforcement.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 15
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Page 9 and 10: List of Case StudiesThe case studie
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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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VI. Strategies for Reducing EthnicD
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people were stopped and valuable po
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only do so if the measure is determ
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Supervision and Oversight of Front-
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This is not to say that stop forms
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• Recording of self-defined ethni
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UNITED KINGDOM“Know Your Rights
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Prior to the ride-alongs, many Hung
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General principles of good practice
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UNITED KINGDOMMonitoring the Qualit
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GREECEProhibition of Racist Languag
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This handbook recommends that law e
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Where possible, training should inc
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SWEDENPolice and Youth Sharing Expe
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Training in the Counter-radicalizat
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VIII. Changing Institutional Cultur
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and Wales have used the package. Mo
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NORTHERN IRELANDCreating a More Bal
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Moroccan man. Another minority offi
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other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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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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