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fulfil public and legislative expectations. Without audits, law enforcement agencies lose
perspective on the impact they have on the communities they serve. To be effective, anti-racist
auditing must focus on producing an overall culture shift within police forces. Ms. Parsons
explained that audits can also be useful in assessing the usefulness and impact of police
education and training. She added that the only way to move the discussion about racial
profiling from rhetoric and anecdotal experiences to a more rational dialogue that supports
accountability and transparency, is to collect disaggregated information that will allay
community concerns and help people of African descent and law enforcement agencies ascertain
the scope and magnitude of the problem.
42.
Ignacio Cano, professor at the Department of Social Sciences, State University of
Rio de Janeiro, made a presentation on racial bias in lethal police action in Brazil. Mr. Cano
explained that Brazil is a society sharply structured by socio-economic differences and the
debate on inequality and discrimination has often centred on whether these differences originate
in class or in race. He discussed racial prejudice in the public security system in Brazil and gave
an overview of the different manifestations of racial bias. He then went on to present the
findings of a study he had carried out. He highlighted the need for data collection to determine
the existence and impact of racial profiling in law enforcement agencies.
Item 6 (f): De jure discrimination and the institutional dimension
of the discrimination ascribed to the police and other
law enforcement services
43.
Leïla Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention,
made a presentation on de jure discrimination and the institutional dimension of the
discrimination ascribed to the police and other law enforcement services. Ms. Zerrougui noted
that discrimination is frequently practised in judicial and law enforcement systems in many
countries around the world. Identifiable discrimination practices are often linked to endemic
forms of racism. An analysis of discriminatory practices in the administration of justice reveals
that discrimination is not only the result of the behaviour of individuals who have the authority
to apply laws, but can also be de jure and institutional, structurally integrated in the organization
and functioning of police forces, judicial systems and prison services. She explained that
policies can be either explicitly discriminatory (direct and de jure discrimination) or indirect
(institutional). Indirect discrimination has the effect of direct discrimination in practice. She
pointed out that there is a need to look beyond the formal idea of equality to the effect of a policy
in practice. Ms. Zerrougui stressed that it is with the help of statistics that the institutional
dimension of racial profiling has been shown in practice. She commented that the weakness of
minority representation in law enforcement helps perpetuate stereotypes founded on race, ethnic
origin, colour or religion.
Item 6 (g): Terror, crime and suspect communities: evidence of
and solutions to ethnic profiling by police
44.
Rachel Neild, Open Society Justice Initiative, presented a paper on ethnic profiling by
police in Europe. What prevails in Europe is ethnic profiling on the grounds of race, ethnicity,
nationality or religion. She pointed out that, although it is widespread in Europe, it is not
sufficiently documented and not explicitly prohibited under European law. Furthermore, she
noted that terrorist profiling is mainly based on religious affiliation. Another issue of concern