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grounds of racial profiling, unjustified police surveillance and negative interactions with the
police, disproportionate arrest rates, and their overrepresentation in the criminal justice
system.
D.
Examples of initiatives taken at the national level
to counter and challenge racial and ethnic profiling
43.
In the section below, the Special Rapporteur presents an overview of a number of
legislative, policy and institutional initiatives that have been taken by States, and other
stakeholders including civil society actors, to counter and challenge racial and ethnic
profiling.
1.
National legal frameworks
44.
The issue of racial and ethnic profiling has been addressed through national
frameworks and different initiatives such as guides and recommendations published by
Governments. In the United Kingdom of Great Britain and Northern Ireland, the Race
Relations (Amendment) Act 2000 extended the prohibition on racial discrimination to the
performance of public functions by public authorities, including the police, the border
control agency and other government departments. Section 19B (1) of the Act now provides
that “it is unlawful for a public authority in carrying out any functions of the authority to do
any act which constitutes discrimination”.35
45.
Also in the United Kingdom, the Equality Act 2010 unifies existing nondiscrimination laws under a single act and has established a legal framework to protect
individual rights and advance equal opportunity. The Act applies to all organizations
providing a public service, including the police service, customs and excise officers, tax
officers, health and safety officers, immigration authorities, and the prisons and probation
service.36 The aims of the Act are to eliminate unlawful discrimination, harassment and
victimization and other conducts prohibited under its provisions, to advance equality of
opportunity for minority groups and to foster good relations between minorities and the rest
of the community.
46.
In 2003, the Government of the United States issued a guidance note in 2003
regarding interactions between different races and officers of the federal law enforcement
agencies. The guidance note, which was updated in December 2014, originates from the
Department of Justice37 and establishes mechanisms to combat racial and ethnic profiling in
law enforcement. In regard to routine or spontaneous law enforcement decisions, the
guidance note states that federal law enforcement officers may not use race or ethnicity to
any degree in a specific suspect description. In conducting activities in connection with a
specific investigation, federal law enforcement officers may consider race and ethnicity
only to the extent that (a) there is trustworthy information; (b) the information is relevant to
the locality or time frame; and (c) the information links persons of a particular race or
ethnicity to an identified criminal incident, scheme, or organization. Where there are
investigations or situations of threat regarding national security, catastrophic events or
border control matters, federal law enforcement officers may not consider race or ethnicity
35
36
37
Available from http://www.legislation.gov.uk/ukpga/2000/34/contents.
Available from http://www.legislation.gov.uk/ukpga/2010/15/contents. The Equality Act 2010 is law
in England, Scotland and Wales. Northern Ireland is covered by separate legislation.
Available from http://csgjusticecenter.org/law-enforcement/publications/guidance-for-federal-lawenforcement-agencies-regarding-the-use-of-race-ethnicity-gender-national-origin-religion-sexualorientation-or-gender-identity/.
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