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85. Minorities should be involved in the training process, including in developing
and delivering training modules. Whenever possible, training should be continuous
and should target senior staff first, so as to ensure provision of leadership. 119
86. Appropriate educational programmes for law enforcement, justice system and
prison staff should include material on respect for human rights, tolerance and
friendship among racial, ethnic or religious groups, as well as sensitiza tion to
intercultural relations 120 and the elimination of discriminatory behaviour (including
informal profiling). 121
87. Promoting good inter-ethnic and interreligious relations should be required in
every police code of conduct, and should be the subject of specific training for
senior as well as junior police officers, to be included in both initial and in -service
training. Law enforcement officials need to be trained to recognize and respond
appropriately to the sensitivities of particular minorities. 122 For example, the
Russian police worked together with representatives of ethnic minorities to develop
police training modules covering the cultural and religious backgrounds of minority
communities. 123
88. Guidance and training concerning the risks of misperception and prejudice
when dealing with defendants and witnesses from minorities should be made
available to judges and magistrates. 124 The National Center for State Courts of the
United States of America, for instance, has prepared training materials for judges on
self-identifying and avoiding implicit bias. 125
IV. Conclusions and recommendations
89. Globally, minorities face discrimination and lack of representation within
the administration of criminal justice. Measures to eliminate discrimination
and ensure equality before the law are more likely to be effective if undertaken
with a minority rights-based approach, which includes ensuring effective
participation of minorities in all aspects of the criminal justice process and
administration of justice.
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119
120
121
122
123
124
125
15-12578
Pamela M. Casey and others, “Helping courts address implicit bias: resources for education”
(National Center for State Courts, 2012) ; and OSCE Recommendation 11 on Policing in
Multi-Ethnic Societies.
CERD General Recommendation 31 (2005) para. 5 (b). E.g., American Ba r Association,
“Building community trust: improving cross-cultural communication in the criminal justice
system”, 2009. See also Principles on Persons Deprived of Liberty in the Americas (2008),
principle XX.
A/HRC/24/52/Add.2 (WGPAD, visit to Panama, 2013), para. 105 (p); A/HRC/29/46 (Human
Rights Council, 2015), paras. 71-72; and CERD/C/GEO/CO/4-5 (CERD, 2011).
OSCE Recommendations 10 and 9 on Policing in Multi-Ethnic Societies (2006).
European Dialogue, Project on Ethnic Minorities and Access to Justice in the Russian Federation,
2006 (available fromhttp://www.europeandialogue.org/reports/emaj_eng.pdf) (accessed 20 June
2015).
Roger Hood, Stephen Shute, and Florence Seemungal, “Ethnic minorities in the criminal court:
perception of fairness and equality of treatment”, Project report (London, Lord Chancellor’s
Department, 2003).
See Casey and others, “Helping Courts address implicit bias: resources for education”
(Williamsburg, Virginia, National Center for State Courts, 2012).(www.ncsc.org/ibreport). See
also the Benchbooks of the United Kingdom and Australia cited above; and Human Rights
Council resolution 29/6 (2015), paras. 6 and 9.
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