Minorities are disproportionately represented in detention facilities, in both pre-trial detention and post-conviction imprisonment in many countries. In some jurisdictions, ethnic minorities represent over 50 percent of prison population.16 This overrepresentation of minority groups can be attributed to various reasons: legislation and law enforcement strategies that have a disparate impact on ethnic or racial minorities, social and economic disempowerment resulting from discrimination in society-at-large, inability to afford bail or to hire a lawyer, inadequate availability of linguistically- and culturally-competent legal aid, stigmatization against a certain minority group and heightened risk and exposure to institutional violence. 1. Particular vulnerability of members of minority groups in detention and prison facilities The discrimination and stigmatization encountered by people from minority groups from the general public are magnified in the closed environment of detention. The discrimination in the society-at-large contributes to minimising or even legitimising the continued and amplified discrimination of such minority groups by both prison staff and other detainees and inmates. Discrimination is likely to have an impact on the detainee’s access to legal aid, access to other services within prison such as educational and vocational training programmes or visitation privileges. Discrimination in prison can take many forms. It can range from physical and verbal abuse from prison staff or other prisoners to systematic classification into higher security institutions than necessary. It can also take the form of heightened searching procedures or unnecessary disciplinary punishments imposed on only certain minority groups. In many countries, population management often fail to accommodate the special needs of minority groups relating to their cultural and religious diversity. For example, a detainee from a minority group can be prevented from following their dietary restrictions or do their prayers. This is in direct contravention to the principle of non-discrimination as well as Rule 2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the “Mandela Rules”), which states that “the religious beliefs and moral precepts of prisoners shall be respected”.17 2. Measures to improve access to justice and accountability for minorities in detention A necessary measure in improving protection of minorities in detention facilities is implementing human rights standards in prisons, most notably equitable treatment of all prisoners. Equitable treatment is essential in establishing a prison environment that does not perpetuate discrimination against minorities. In addition to explicit commitment in eliminating all forms of discrimination, implementation of human rights standards must also include taking affirmative action to ensure that the special needs of minority groups are met. Some of the good practices identified by UNODC18 include making the policy of nondiscrimination visible to all detainees and prisoners (e.g. displayed on the walls of the prison establishment) and making it an integral part of prison staff training as well as consulting representatives of minority groups on a formal basis during the formulation of policies against discrimination on the basis of race, ethnicity or descent and developing regulations reflecting 16 UNODC Handbook on strategies to reduce overcrowding in prisons, p.11 Standard Minimum Rules for the Treatment of Prisoners (revised 2015), rule 2. 18 UNODC Handbook on prisoners with special needs, p.68. 17 Page 9 of 11