A/70/212
officer, and the date, location and reason for the action. Such practices should, in
principle, be implemented by all law enforcement agencies. 105
77. Many Governments are reluctant to collect data disaggregated by national
origin, ethnicity, religion or language, citing privacy concerns or a history of the
abuse of such information for the purpose of targeting minorities for persecution, or
they may fear that data could be misused. The Special Rapporteur notes that there
are compelling reasons for favouring the collection of disaggregated data. 106 A
recent study suggests that many ethnic or racial minorities would like to become
visible through data if this would allow authorities to create effective policies for
correcting the inequalities in society. 107
78. Concerns expressed by minorities — who may fear that the data could be used
for the purpose of arguing that they commit offences at a higher rate, or that police
may prejudicially retain their personal details even when no offence is detected —
should be addressed, for instance, through anonymization and time limits for
retention of personal data. 108
2.
Recruitment, retention and participation of minorities in the administration
of justice
79. Minorities are largely underrepresented in law enforcement agencies,
judiciaries, prosecution services and legal professions around the world. Diversity
not only reinforces the legitimacy of the criminal justice process, but also ensures
that it can draw on the range of experiences of the society as a whole, and
contributes to ensuring effective minority participation. 109
80. In this context, the general prohibition on discrimination in respect of entry
into these professions is not sufficient. 110 Actual measurable increase in the
recruitment, retention and progression of minorities, including at the mo st senior
levels, is essential. 111 Investment may be required well in advance of formal
recruitment processes, for instance, through encouraging and enabling members of
__________________
105
106
107
108
109
110
111
15-12578
See European Union Agency for Fundamental Rights, Towards More Effective Policing:
Understanding and Preventing Discriminatory Ethnic Profiling: A Gui de (Luxembourg,
Publications Office of the European Union, 2010). See also “Strategies for Effective Police Stop
and Search (STEPSS) project (2007-2008)”, as detailed in Addressing Ethnic Profiling by Police:
A Report on the Strategies for Effective Police Stop and Search Project (New York, Open Society
Justice Initiative, 2009); and African Commission on Human and Peoples ’ Rights, Luanda
Guideline 3d(iii).
See, for example, Minority Rights Group International, Disaggregated Data Collection: A
Precondition for Effective Protection of Minorities in Southeast Europe (London, 2006). Briefing
author: Kathryn Ramsay.
See Open Society Foundation, Equality Data Initiative, “Ethnic origin and disability data
collection in Europe: measuring inequality — combating discrimination” (Brussels, November
2014), p. 59.
See, e.g., New York State Assembly law A.11177-A/S.7945-A (2010).
OSCE Recommendations on Policing in Multi-Ethnic Societies, recommendation 4.
Basic Principles on the Independence of the Judiciary, principle 10; Basic Principles on the Role
of Lawyers, principle 10; and Guidelines on the Role of Prosecutors, guideline 2 (a).
E/CN.4/Sub.2/2005/7, para. 52; CERD General Recommendation 31 (2005) para. 5 (d);
Committee against Torture General Comment 2, para. 24; United Nations human rights experts,
“‘Legitimate concerns’ over outcome of Michael Brown and Eric Garner cases”, OHCHR press
release, 5 December 2014; and OSCE Recommendations on Policing, recommendation 5.
21/27