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

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law enforcement leaders and managers, supervisory or operational officers; non-governmentalorganizations and pressure groups; lawyers and academics; and ethnic minorityleaders and community organizations—have a vital role to play in undertaking change.This handbook recommends a comprehensive approach to addressing ethnic profiling—anapproach that seeks to understand all the dimensions of the problem and todevelop both general and targeted responses. A holistic approach to addressing ethnicprofiling will be articulated through national legislation, standards, and strategies orplans that provide a high level of visibility and a clear demonstration of political commitmentto reduce ethnic profiling, as well as laying out specific actions to be takenat more local levels. In a holistic approach, each element reinforces the others and aconsistent message is sent to all members of the law enforcement institution, to specificcommunities, and to the larger public.Important elements of a holistic approach include:• Reviewing legal standards, operational and institutional practices that contributeto or permit profiling and amending them to create clear standards and safeguards;• Instituting systems to monitor law enforcement practices to detect profiling;• Building policing skills and capacity to operate without profiling;• Initiating recruitment drives to create diverse law enforcement agencies that representall communities;• Engaging with communities to identify and address local problems and buildtrust.These approaches have the dual effect of increasing police efficacy and improvingthe quality of ethnic minorities’ encounters with law enforcement.In general, mechanisms to address ethnic profiling, like other police accountabilitymechanisms, function at three distinct levels: legal and political, institutionaland managerial, and community-based. These three levels correspond to the differentstakeholders in law enforcement. 56Law enforcement agencies are accountable to legal standards. They are alsoaccountable to national—and in many cases, local—political authorities for their legalpowers, for policy direction, and for their budgets.Law enforcement agencies have institutional mechanisms for managerial andadministrative accountability that govern officers’ encounters with civilians. These areoften the most powerful instruments in changing the daily behavior of law enforcementpersonnel. 5730 A HOLISTIC APPROACH TO REDUCING ETHNIC PROFILING
Law enforcement agencies are accountable to the communities that they serve.Accountability has taken on greater weight in contemporary policing approaches, basedon a philosophy of community policing and on studies demonstrating the vital importanceof community trust and cooperation to police legitimacy and efficiency.Approaches to reducing ethnic profiling fall within these three broad areas ofaccountability:Practices in Combating Ethnic ProfilingForms ofaccountabilityLegal andpoliticalManagerial andadministrativeChapterof this bookIIIIVVVIVIIVIIIPractices to combat ethnic profilingNational legal standards, operational guidance andstrategic action plansOversight bodies and complaints mechanismsEthnic monitoring and data gatheringReducing ethnic disproportionality in, and improvingquality of, law enforcement–civilian encountersTrainingPolicy audits and reviewsCommunity IX Community outreach and engagementEthnic profiling is not an easy issue to address at any of these levels. For politicalleaders and law enforcement officials, efforts to study and ameliorate ethnic profilingare often viewed as attempts to undermine law and order or stymie counter-terrorismefforts. They are also perceived as an accusation that all law enforcement officers—andeven whole institutions—are racist. Oversight bodies and equality institutions interestedin studying the dynamics of ethnic profiling must deal with the difficulty of obtainingdata from often closed and self-protective law enforcement agencies. For persons andcommunities of minority ethnic origin, it may mean grappling with stereotypes aboutoffending and confronting accusations that immigrants and minorities are responsiblefor a great deal of crime.These are serious challenges that have stymied many attempts to get to grips withethnic profiling. Nonetheless, they can be and have been overcome. This handbookhighlights the innovative partnerships and practices that can successfully address ethnicprofiling and improve the quality and productivity of law enforcement operations.While a holistic approach is preferred, it is not always possible in practice. Theinability to implement a holistic approach should not preclude the adoption of othermore targeted or localized measures to address ethnic profiling. The ultimate goalof such a step-by-step process should remain to develop an approach that enablesREDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 31
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Page 6 and 7: described in this report. The case
Page 9 and 10: List of Case StudiesThe case studie
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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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