A/HRC/4/39
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between racial profiling and poverty and exclusion. In addition, she emphasized the need to
recognize that the complexities of racial discrimination and racial profiling may be experienced
differently by different groups and require different responses.
Item 6 (k): Data collection on ethnic profiling
50.
Panagiotis Dimitrakopoulos, head of unit, Research and Data Collection at the European
Monitoring Centre on Racism and Xenophobia, made a presentation on the work and research of
the Centre. The focus of his presentation was on the collection of data on ethnic profiling in
Europe. He gave a brief overview of the EUMC and stated that its prime objective was to collect
and analyse data and information on the phenomena of racism, xenophobia and anti-Semitism in
order to support the Community and its member States when they take measures or formulate
courses of action within their respective spheres of competence. He stressed the importance of
statistical data in the fight against racism in order to document the extent and nature of racism
and inform on the development and implementation of policies combating racism. He noted that
ethnic profiling has come to increasing prominence in the European Union in recent years,
primarily as a reflection of terrorism threats, security measures and concerns about rising illegal
immigration.
Item 6 (l): The benefits from overall representativeness in
the police and criminal justice systems
51.
Tom Hadden, Professor of Law, Queen’s University, Belfast, focused his presentation on
developing preventive strategies in the fight against racial profiling. He stressed that it was more
useful to approach a practice such as racial profiling by seeking to reform institutions rather than
simply condemning and prohibiting the practice. His presentation drew on the experience of
institutional racism in the British police and communal problems in Northern Ireland. He
stressed that the practice of racial profiling is clearly discriminatory and counter-productive. He
underlined the fact that profiling or differential treatment does not necessarily constitute
unlawful discrimination. In cases where there is an underlying objective and rational
justification for differential treatment, whether statistical or other, differential treatment is
acceptable.
52.
Mr. Hadden offered some general comments on strategies that might be developed to
prevent acceptable forms of criminal profiling and security risk assessment from degenerating
into unacceptable forms of racial or communal profiling. He highlighted the need for data
collection to establish whether police powers are being used in a racially or communally
discriminatory manner. He stressed the importance of ensuring that law enforcement agencies
are fully representative of the communities which they serve. Where this cannot be achieved in
practice, there is a need to develop structures for discussion and liaison with representatives of
minority communities. A further measure of accountability with regard to minorities can be
achieved by the creation of national or regional mechanisms to monitor and oversee the full
range of policing of security policies and to undertake more detailed investigations into
particular incidents or issues.