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

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Plan 2008–2010 which sets out challenges and policy initiatives in multiple areas.The component elements of a strategic action plan have also been put to creative usein the Netherlands, where the highly decentralized nature of Dutch law enforcementmeans that national government control has been very limited (structural changes introducedin 2011 are reducing the number of forces in The Netherlands). In response, theNational Diversity Expertise Centre (LECD) developed a self-evaluation tool with a cashprize for the winning law enforcement service.IRELANDNational Action Plan Against RacismIreland’s National Action Plan Against Racism (NPAR) was implemented between2005 and 2008. The plan defined racism as: “a specific form of discrimination andexclusion faced by minority ethnic groups. It is based on the false belief that some‘races’ are inherently superior to others because of different skin colour, nationality,ethnic or cultural background. Racism denies people of their basic human rights,dignity and respect. Racism is a complex and multi-faceted concept, ranging fromsmall, everyday acts of discrimination, through the barriers and omissions that maybe inadvertently established at an institutional level, to acts of threatening behaviourand violence. 111The plan set out goals specific to the area of policing under the chapter “concernedwith effective protection and redress against racism, including a focus on combatingdiscrimination, assaults, threatening behaviour and incitement to hatred.” Objective1.4. is “to enhance the role of the Gardai [informal name for the Garda Síochana, theIrish national police force] to provide protection against racism.”While it is important that policing was included as part of Ireland’s national actionplan against racism, its broader impact across the Garda organization was not clear.The NPAR does not specifically address ethnic profiling and other issues of discriminationwithin the Garda organization, although these clearly fall under the NPAR’sdefinition of racism. The plan rather primarily focuses on police responses to racistincidents committed by civilians and police relations with minority communities.52 LEGAL STANDARDS AND INSTITUTIONAL POLICIES TO ADDRESS ETHNIC PROFILING
IRELANDPolicing Plan 2008The Garda Síochana defines its goals and strategies in annual policing plans.Goal five of the 2008 plan focused on promoting ethnic and cultural diversity andproviding equal protection and appropriate service, while nurturing mutual respectand trust. Specific actions involved developing a diversity strategy, ensuring that theGarda Síochana be representative of the community it served, evaluating the effectivenessof the Garda Racial and Intercultural Office and enhancing its capability,developing effective policing approaches for minority and marginalized groups andcommunities, and enhancing the Garda Síochana ethnic and cultural services. Thisplan included important activities aimed at improving relations and building confidenceof minority communities in the Garda Síochana. However it did not includeactions specifically designed to recognize, identify or address ethnic profiling practices.Unfortunately, the 2009 plan contained fewer specific actions under the goalof “ethnic and cultural diversity,” and the 2010 plan eliminated this goal altogether.General principles of good practice for developing and following strategic action plans:National action plans or strategic plans against racism can give the issue of ethnicprofiling visibility, establish a roadmap for action, locate resources, and assignleadership to address issues of discrimination including ethnic profiling.An effective plan must specifically include ethnic profiling.The plan must include clear objectives, incentives, and rewards for success, andconsequences for failure.The plan should include benchmarks that facilitate evaluation and be submittedto regular review, involving all relevant stakeholders.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 53
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OPEN SOCIETY JUSTICE INITIATIVERedu
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Page 9 and 10: List of Case StudiesThe case studie
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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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