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versus impermissible uses of ethnicity, race and national origin in conducting their
work. Requiring that law enforcement officers have objective grounds for reasonable
suspicion on the basis of a person’s behaviour rather than on the basis of their
appearance is a fundamental safeguard against ethnic profiling and should be clearly
established as a prerequisite before any police or immigration stop. Operational
protocols, regulations and training should provide detailed and practical guidance for
all law enforcement officers on how to carry out their duties in full compliance with
non-discrimination standards.
73.
In this connection, the Special Rapporteur calls for a limitation of the
discretionary powers of law enforcement agents to reduce the risks of racial and
ethnic profiling. There are several approaches to limiting discretion; they are not
mutually exclusive but can be used in a complementary manner. Such strategies may
include improving the quality and precision of intelligence-gathering and making sure
that law enforcement agents use this information in their decision-making, increasing
the supervision of law enforcement officers’ discretionary decisions, and enhancing
civilians’ understanding of their rights and responsibilities in encounters with law
enforcement agents and their ability to hold them accountable for their use of their
powers. Similarly, civilian monitors, civil society actors and international
organizations should be given the necessary access to monitor effectively the checks
and controls of the different types of law enforcement agencies.
74.
The Special Rapporteur reminds all stakeholders of the importance of
information-sharing; information should be disseminated appropriately to the
different minority communities. Moreover, law enforcement agencies should welcome
and support voluntary contacts and interaction with civilians, which demonstrate
commitment to transparency and community oversight. In this regard, the Special
Rapporteur encourages outreach to minority communities and recommends better
collaboration between law enforcement agencies and minority communities.
75.
Finally, combating the use of racial and ethnic profiling by law enforcement
agencies requires a multi-stakeholder approach. In this regard, the role of civil society
is fundamental. The Special Rapporteur has highlighted the work of civil society
actors in public education, and advocacy, including efforts to lobby for the passage of
data collection and anti-profiling legislation, as well as to litigate on behalf of
individuals who have been victims of these practices by law enforcement agencies.
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