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

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UNITED KINGDOMThe Communities and Local Government Committee Review of thePrevent ProgramThe Communities and Local Government Committee is appointed by the House ofCommons to examine the expenditure, administration, and policy of the Departmentfor Communities and Local Government and its associated bodies. In 2009,the House of Commons tasked this committee with a review of the government’sPreventing Violent Extremism (Prevent) program, aimed at stopping radicalization,reducing support for terrorism and violent extremism, and discouraging people frombecoming terrorists.The Committee’s review covered a wide range of issues, including: the government’sanalysis of the factors which lead people to become involved in violent extremism,other research and expert testimony about the risk factors for radicalization, theprogram’s unintended consequences, the appropriateness and effectiveness ofcommunity engagement with the program, local delivery of Prevent, and the interfacebetween Prevent and other related policy initiatives.A call for evidence produced over 70 written submissions from civil society organizations,research and policy institutes, police organizations, local authorities,the Department for Communities and Local Government, and individual experts.The committee also held five oral evidence sessions and conducted a field visit toBirmingham, hearing over 45 witnesses from a similar range of stakeholders.The committee published a report on its findings and recommendations in March2010, and made all submissions and records of oral hearings available to the public. 136General principles of good practice for policy oversight bodies:Policy oversight bodies should include ethnic profiling in their reviews of lawenforcement practices.Policy oversight bodies should use their ability to undertake public or communityconsultation, and invite expert testimonies.Unless explicitly prohibited, policy oversight bodies should make their findingsand recommendations public.74 OVERSIGHT BODIES AND COMPLAINTS MECHANISMS
V. Ethnic Monitoring and LawEnforcement Data-GatheringDetermining whether ethnic profiling is taking place—and measuring its extent—canonly be done through the use of ethnic statistics. (This report will use the terms “ethnicstatistics” and “ethnic data” as shorthand for data that is ethnically disaggregated orotherwise organized according to ethnicity.) Ethnic data gathering remains a sensitivesubject for many EU member states. Despite the protestations of many EU memberstates that generating ethnic statistics is prohibited by data protection norms, 137 it isimportant to note that data protection standards do not prohibit the collection of ethnicstatistics, 138 and non-discrimination standards in fact call for ethnic statistics as a necessarymeans of monitoring and addressing discrimination.The principle European non-discrimination bodies—the Fundamental RightsAgency and the Council of Europe’s European Commission against Racism and Intolerance(ECRI)—have repeatedly called for ethnic data to be collected, within the boundsof protecting sensitive personal data. Collecting ethnic data makes it possible to betterunderstand and challenge discriminatory policing practices against vulnerable minorities.The FRA and ECRI have called for the collection of ethnic statistics on law enforcementactivities as key to monitoring and addressing ethnic profiling. 139 As with otherpatterns of discrimination, ethnic statistics are an essential tool to enable the detectionof law enforcement practices that focus disproportionate and unwarranted law enforcementattention on ethnic minorities based on stereotypes about ethnicity and crime.This handbook recognizes that gathering ethnic data must be done in a sensitivemanner. Understandably, many ethnic groups—Roma, in particular—remain reluctantto endorse the generation of ethnic data on sensitive topics such as law enforcement andoffending. In these cases, it is recommended that other scientifically sound methods be75
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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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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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General principles of good practice
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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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