A/HRC/29/46
commitment to take steps to address a problem and can serve as a foundation and road map
for action for tackling racial and ethnic profiling. 42
3.
Oversight and equality bodies
52.
A number of States have established law enforcement oversight bodies and
complaints mechanisms to address racial and ethnic profiling. Such mechanisms play an
important role in identifying and drawing attention to discriminatory law enforcement
practices and in proposing remedies. These institutions can be national equality bodies, or
specialized police complaint and oversight bodies. In the United Kingdom, the Independent
Police Complaints Commission investigates complaints and allegations of misconduct and
can make policy recommendations. The Commission has overall responsibility for the
police complaints system, and is charged by law with increasing public confidence in the
police complaints system in England and Wales. The Commission is independent from the
police or government.43
53.
In addition to external civilian oversight of law enforcement, two other models exist
in Europe. Denmark, Norway and Sweden have special law enforcement officers attached
to the Prosecutor-General’s office who receive and investigate complaints against police
officers.44 In France, the National Commission on Police Ethics, an independent
administrative authority created in 2000, ensures compliance with ethics rules by French
law enforcement officers. Individuals can present complaints to the Commission via a
member of the National Assembly or the Senate, the Ombudsman’s office, the High
Authority against Discrimination and for Equality, the Children’s Defender, or the General
Supervisor of Places of Detention and Deprivation of Liberty.
54.
Other countries have set up equality bodies that undertake investigations or provide
redress in cases of discrimination. Many have powers to investigate practices, review
policies and issue recommendations. In that connection, in Canada, the Ontario Human
Rights Commission published recommendations to end racial and ethnic profiling in a 2003
report entitled “Paying the price: the human cost of racial profiling”. 45 In the Netherlands,
the Dutch National Bureau against Discrimination has wide-ranging powers which include
oversight of law enforcement. In Sweden, the Ombudsman against Discrimination may deal
with complaints against the police under the 2010 anti-discrimination law. In Northern
Ireland, the Human Rights Commission examines cases of racial and ethnic profiling at
borders by immigration officers, using direct observation and interviews with immigration
officers about their decision-making.46
55.
Also regarding the United Kingdom, the Metropolitan Police Authority in London
has set up a scrutiny panel on stop and search, which has statutory responsibility to hold the
Metropolitan Police Service accountable for its performance. In the United States, the
American Civil Liberties Union, a non-governmental organization (NGO), has taken a lead
role in advocating for investigations by police–community advisory bodies.47 In Germany,
42
43
44
45
46
47
Open Society Foundations, Reducing Ethnic Profiling in the European Union: A Handbook of Good
Practices, p. 51.
Independent Police Complaints Commission website, https://www.ipcc.gov.uk/ (accessed on
16 March 2015).
Open Society Foundations, Reducing Ethnic Profiling in the European Union: A Handbook of Good
Practices, p. 57.
Available from http://www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling.
Northern Ireland Human Rights Commission, Our Hidden Borders (Belfast, 2009). Available from:
http://www.statewatch.org/news/2009/apr/Our%20Hidden%20Borders%20April%202009.pdf.
See http://crr.ca/divers-files/en/onGoing/racProf/rep/eRacProfRepRacProfFctSh.pdf.
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