ethnicity, religion and national origin in targeting persons as suspects, which also include the
requirement that law enforcement officers base their decisions on reasonable suspicion is a
positive step.13
Another important good practice is the recruitment of persons from minority backgrounds
to law enforcement agencies. Police agencies are often composed of individuals from the
dominant community of society. In many countries, women, in particular minority women, enjoy
only limited access to participation in the law enforcement service. Homogeneity in the
composition of the police can increase the likelihood of biased behaviour towards minorities.
Restrictions imposed on the participation of minorities in society can contribute to
confrontational rather than cooperative relations between police and minorities, which raises
intercommunal tensions and can lead to conflict. Experiences demonstrate that minority
representation in the police leads to much more efficient law enforcement operation.
In order to improve participation of minorities in the administration of justice, including
law enforcement authorities such as the police, OHCHR launched a series of consultations on
good practices in policing and minority communities with the aim to collect experiences that can
serve as a model and can be replicated in other communities to benefit participation and
representation. OHCHR collected practices that: (i) work well in particular circumstances; (ii)
result in better protection of minorities; (iii) and enhance the work of the police.
The consultations demonstrated that a policing strategy that includes minorities should be
part of an overall governmental policy relating to the protection of minority rights. An isolated
and piecemeal approach in including minorities will likely be ineffective, in light of conflicting
minority-related policies in other areas. Therefore, coherent and comprehensive policies on
increasing minority participation require meaningful consultation designed to address the
particular needs and circumstances of minorities, as well as their full and equal access to the
police services. After all, modern, good practice models of policing are all based on a serviceoriented approach, which requires communication and consultation with all groups in the society,
including minorities. In this regard, it is of paramount importance that police agencies conduct
outreach programmes to minority communities in order to build trust.
Inclusive crime prevention strategies that contain community policing models can also be
a highly useful tool in addressing root causes of criminality within the community and improve
relations between law enforcement and minority communities. They should include at least two
main components: (i) an intensive partnership established with the aim to create and build
relationships between police and communities by sharing joint responsibility for public safety
and security; and (ii) a problem-solving approach that includes, for instance, efforts to identify
and address the underlying causes for the commission of certain crimes.
V.
Access to Justice for Minorities as Offenders, Victims and Witnesses
Access to legal aid is an essential element of a fair, humane and efficient criminal justice
system that is based on the rule of law. Legal aid includes legal advice, assistance and
representation, legal education and access to legal information and should be provided at no cost
13
Open Society Foundations, Reducing Ethnic Profiling in the European Union: A Handbook of Good Practices
(New York, 2012), p. 38.
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