A/HRC/29/46
practice.1 One manifestation is the use of stop and frisk or stop and check mechanisms to
target minorities. This practice results in the disproportionate targeting of these often
vulnerable populations.2 For example, in one South Pacific State, black males were subject
to field contact by police officers at a rate 2.4 times higher than their representation in the
general population.3 In Europe, Roma communities are subjected to unequal levels of
identity checks, and in some cases, the police stop Roma pedestrians three times more often
than non-Roma pedestrians.4 In one North American state, despite accounting for only
24 per cent of the population, persons of African descent were the subject of 63.3 per cent
of stops of civilians by the police.5
17.
Additionally, the police may disproportionately target certain minority groups for
traffic stops. In one North American state, observers have documented police targeting
drivers unevenly on the basis of their appearance.6 The observers found no statistically
significant difference in driving behaviour, yet 73.2 per cent of those stopped and arrested
were persons of African descent even though such persons comprised only 13.5 per cent of
all drivers and passengers.7 Another report found that, in a municipality where this group
made up 67 per cent of the population, 85 per cent of cars stopped by the police were from
this group, as were 90 per cent of those summoned to court and 93 per cent of those
arrested; in addition, the use of force by police officers was, in 88 per cent of cases,
directed against persons of African descent. Similarly, in the judicial system in the same
city, this group accounted for 95 per cent of convictions for pedestrian offences and 92 per
cent of offences of disturbing the peace.8
18.
A related manifestation of racial and ethnic profiling occurs when officials perform
identity checks, ostensibly to address irregular immigration. In these types of stops, police
or immigration authorities demand the production of identity documents to verify residence
status in the country. Authorities use identity checks to target these persons and to stop and
arrest asylum seekers.9 In Europe, authorities are more likely to stop males of African and
1
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3
4
5
6
7
8
9
6
Open Society Institute, Ethnic Profiling in the Moscow Metro (New York, 2006), available from
http://www.lamberthconsulting.com/uploads/Ethnic_Profiling.pdf; and American Civil Liberties
Union Foundation of Massachusetts, Black, Brown and Targeted: A Report on Boston Police
Department Street Encounters from 2007–2010 (ACLU Racial Justice Program, 2014).
Rachel Neild and others, Ethnic Profiling in the European Union: Pervasive, Ineffective, and
Discriminatory (New York, Open Society Institute, 2009), available from
http://www.opensocietyfoundations.org/sites/default/files/profiling_20090526.pdf.
Flemington and Kensington Community Legal Centre, summary of Gordon and Henstridge first
reports.
Open Society Institute, “I Can Stop and Search Whoever I Want”: Police Stops of Ethnic Minorities
in Bulgaria, Hungary, and Spain (New York, 2007), available from
http://www.opensocietyfoundations.org/sites/default/files/profiling_20070419.pdf.
Rachel Neild and others, Ethnic Profiling in the European Union: Pervasive, Ineffective, and
Discriminatory; and American Civil Liberties Union Foundation of Massachusetts, Black, Brown and
Targeted: A Report on Boston Police Department Street Encounters from 2007–2010.
Amy Farrell and others, “Massachusetts racial and gender profiling final report: executive summary”,
Institute on Race and Justice (2004), available from
http://iris.lib.neu.edu/cgi/viewcontent.cgi?article=1001&context=race_justice_pubs.
John C. Lamberth, “Data collection and benchmarking of the Bias Policing Project” (Lamberth
Consulting, 2006).
United States Department of Justice, Civil Rights Division, “Investigation of the Ferguson Police
Department”, available from www.justice.gov/sites/default/files/opa/press-releases/attachments/
2015/03/04/ferguson_police_department_report_1.pdf.
Aida Alami, “African migrants in Morocco tell of abuse”, New York Times, 28 November 2012.
Available from www.nytimes.com/2012/11/29/world/middleeast/african-migrants-in-morocco-tell-ofabuse.html?pagewanted=all&_r=1& Nov. 28, 2012.