systems, the victims’ role in criminal proceedings is already minimal and secondary. In some countries, for example, the victim is treated merely as a witness and cannot take part in arguments or sue for damages in criminal proceedings. As a victim or a witness of a crime, filing a complaint or taking steps to obtain protection is never easy and this is especially so if he or she belongs to a minority group. Fear of retaliation, lack of trust in the justice system’s ability to protect rights of individuals belonging to a minority group and lack of resources due to social and economic disempowerment are some of the reasons why minority victims and witnesses can be reluctant, or even fearful, in initiating or pursuing legal measures to protect themselves or redress their injury. 2. Measures to protect minorities’ rights in the criminal justice system, including victims and witnesses One of the measures that can increase protection for minorities’ rights in provision of legal aid is to develop a national strategy for legal aid, ideally as a part of the comprehensive strategy on criminal justice system. Although primarily a responsibility of the State, the strategy will be made more effective in addressing the needs of the intended beneficiaries of legal aid if its development is held in close consultation with key stakeholders such as bar associations, law enforcement authorities, prosecutors, the judiciary, NGOs and civil society organizations. A national strategy that: (i) identifies the needs and demand of legal aid with due regard for minorities and other vulnerable groups; and (ii) identifies and implements appropriate methods of delivery according to those needs is essential in increasing protection of minorities’ rights in the criminal justice system. Another good practice in ameliorating infringement of rights of individuals belonging to minorities groups is development and promulgation of a professional code of conduct for legal aid providers. Professional codes of conduct are often developed by bar associations and in some countries, regulated by law. But in many countries, lawyers are not always a member of a bar association and thus are not bound to comply with professional standards. Moreover, in some countries, paralegals, who are not subject to lawyers’ code of conduct, can also provide legal aid services. As such, a good practice in improving services and conduct by legal aid providers is to incorporate quality standards for legal aid providers that includes duty treat individuals belonging to a minority group fairly and with dignity. The professional code of conduct should also include, inter alia, a duty to protect the interests of clients regardless of background, a duty to act with integrity and independence as well as a duty to act impartially. A good practice in enhancing assistance and protection of minority victims and witnesses is providing specialized training to criminal justice officers (e.g. police, prosecutors, legal aid providers, judges) in dealing with victims including special categories of victims. Such training programmes can cover the particular needs and circumstances of members of ethnic or racial minorities, such as the impact of certain crimes on minority victims. Being cognizant of and taking cultural implications into consideration improves the criminal justice system’s ability to assist and protect minority victims and witnesses of crimes. This also applies to offenders from minority groups. VI. Overrepresentation of Minorities in Detention and Imprisonment Page 8 of 11

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