discriminatory treatment by law enforcement authorities all disproportionately affects members
of minority groups.
In 2005, OHCHR’s Committee on the Elimination of Racial Discrimination (CERD)
issued General Recommendation XXXI on the Prevention of Racial Discrimination in the
Administration and Functioning of the Criminal Justice System. As part of strategies to be
developed to prevent racial discrimination in the administration and functioning of the criminal
justice system, CERD recommended, inter alia, promotion of proper representation of persons
belonging to racial and ethnic groups in the police and the system of justice and recruitment and
promotion in the judicial system of persons belonging to various racial or ethnic groups.
Limited degree of minority representation in the work of the law enforcement agencies
and to the existence of significant challenges to these agencies’ ability to effectively perform
their duties in a multiethnic environment. Achieving progress in minority participation in law
enforcement and capacity building of law enforcement staff is important in strengthening the
confidence of minority communities in the law enforcement system. Such confidence is indeed
essential for the development of trust between state institutions and minority communities.
In 2008, OHCHR organized an expert meeting on integration with diversity in policing.
The OHCHR invited 10 professionals from the police service of different regions and countries
of the world (Brazil, Cameroon, Canada, Hungary, India, Ireland, Nigeria, Pakistan, Samoa and
South Africa) to participate in the meeting as experts and deliver presentations focused on
sharing of good experiences and lessons learned in relation to inclusion with diversity in policing.
Regarding dialogue and co-operation with minority communities, community policing, with its
many models, was identified as a crucial concept for this topic.
1. Minority groups’ vulnerability and exposure to arbitrary and/or discriminatory
exercise of police powers
As outlined by the United Nations Special Rapporteur on contemporary forms of
racism, the practice of racial and ethnic profiling in law enforcement constitutes a violation of
human rights for the individuals and groups targeted by these practices as it is fundamentally
discriminatory in nature and expands the discrimination already suffered as a result of
membership in an ethnic or minority group. Racial and ethnic profiling violates multiple human
rights, including the right to live free from discrimination, the right to equality before the law,
the right to personal freedom and security and the right to the presumption of innocence. This is
particularly important in the context of the fight against terrorism.
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2. Measures that mitigate the disproportionate impact of discriminatory law
enforcement practices
As the Special Rapporteur warned, while training and awareness-raising is a positive step
in the right direction, they cannot alone eradicate profiling by law enforcement. Enacting specific
legislation outlawing the practice of racial and ethnic profiling and gathering of law enforcement
data, including statistics collected according to ethnicity and race, are essential measures in
proving and combatting the existence and the extent of racial and ethnic profiling.
The adoption of codes of conduct by law enforcement bodies that prohibit the use of
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Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, Mutuma Ruteere. A/HRC/29/46, 20 April 2015.
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