Dec 7, 2016 - hate crime training curricula for law enforcement and criminal justice ... on resources and initiatives to
EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE AND CONSUMERS Directorate C : Fundamental Rights and Rule of Law Unit C2 : Fundamental Rights Policy
2nd Meeting of the EU High Level Group on Combating Racism, Xenophobia and other forms of intolerance – Brussels, 7 December 2016
HATE CRIME TRAINING: STANDARDS, PRACTICES, CHALLENGES The primary responsibility for ensuring an adequate response to hate crimes begins with dedicated state and local law enforcement and criminal justice officials. For these officials to develop the specialized skills necessary for the identification, recording, investigation, prosecution and sanctioning of hate crimes, and for ensuring a fair and adequate treatment of victims, specialised hate crime training is key. The development of hate crime training curricula for law enforcement and criminal justice personnel and its delivery on a regular and systematic basis is necessary for these authorities to build their own capacity. Hate crime training programmes should therefore be an integral part of any comprehensive initiative to address hate crime, which every Member State should have in place with a view to ensuring that EU and national hate crime laws and rules on victims’ rights and support are effectively enforced in practice. This background paper has been drafted by the European Commission's services (DG JUST) taking into account information gathered from the Member States and on the basis of the input of key stakeholders such as civil society organisations, the EU Agency for Fundamental Rights (FRA), the EU Agency for Law Enforcement Training (CEPOL) and international bodies such as OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) as well as the Council of Europe. The paper is aimed at giving an overview of main standards, practices and challenges in the design and delivery of hate crime training in the Member States and at providing general information on resources and initiatives to support training of law enforcement and criminal justice officers on hate crimes at national level (see annex). The paper does not have the ambition to be in any way exhaustive, its main objective rather being to outline key issues with a view to a discussion of the High Level Group on ways to address gaps and challenges. Discussions should also build on the meeting of the Working Group on minimal standards for hate crime training, hosted in Bratislava by the Slovak Presidency of the Council of the EU on 1-2 December 2016 and whose outcomes will be presented by the Slovak delegation to the High Level Group on 7 December 2016. Overview of main standards and practices in the Member States Information gathered by the European Commission shows that more than half of the Member States provided some form of hate crime training for law enforcement and/or criminal justice officers during the past five years. There are, however, sensible differences on the way hate crime training is designed and delivered, depending on the specific national legal framework and organisational structure of law enforcement and criminal justice agencies. Notwithstanding these differences, the following elements can be pointed out in order to provide an overview of existing standards and practices in the Member States. I. Impact and sustainability Holistic approach – Training programmes are perceived as more successful when integrated in broader initiatives to address hate crimes, such as action plans or strategies with clear goals, targets and indicators, awareness raising initiatives, or measures to address underreporting and improve victims’ support. This is particularly important also with a view to ensure executive commitment to address hate crime, build motivation and engagement of training targets and strengthen and foster coordination and cooperation between different national authorities (police, prosecution, judiciary, but also prevention-related services in areas such as education, social affairs, health, etc.) as well as between national authorities and other actors (equality bodies, national human rights institutions, victim support services, civil society and communitybased organisations).
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In Italy, for example, hate crime training programmes for law enforcement are embedded in the activities of the Observatory for Security against Acts of Discrimination (OSCAD), a multi-agency body housed within the department of public security at the Ministry of the Interior, which takes a holistic approach to tackling hate crimes, including by improving hate crime reporting by victims. Training needs’ assessment – The design of national or local hate crime training programmes has been supported in a number of Member States by a thorough training needs’ assessment. The training needs’ assessment allows customising the training programmes to the specific national or local context, taking into account the applicable legal framework, the organisational structure of law enforcement and criminal justice agencies (in order to identify the training’s targets) and, where available, data concerning trends and statistics of hate crime and hate speech (in order to adapt the content of the training, where relevant). It also contributes to ensure that the design of training programmes is strategic and evidence based, is supported by adequate resources and is geared at achieving targeted and realistic objectives, so as to enhance continued impact and sustainability. Such an assessment can be performed by national authorities ideally on the basis of a participatory method, with the involvement of other stakeholders, including equality bodies, national human rights institutions, civil society or community based organisations. In the UK, for example, special independent advisory bodies have been set up to carry out the training needs’ assessment, involving national authorities from across different relevant ministries (multidisciplinary approach) and foreseeing the participation of civil society organisations. Assistance in carrying out the training needs’ assessment is also part of ODIHR’s train-the-trainers programme. Training targets – Hate crime training targets can comprise a wide variety of categories within the law enforcement and criminal justice agencies. The identification of targets is normally closely linked to the organisational structure of the law enforcement and criminal justice agencies (i.e. federal vs local; existence of specialised departments/units; hierarchical structure; etc.). Generally speaking, training is sometimes conceived and addressed for a mixed audience from different target groups (e.g. police and prosecutors); a mixed audience within a single target group (e.g. different-level police officers); or for certain specific categories within a single target group (e.g., as regards police, patrol/frontline officers, detectives, policy-level officers, etc.). In some cases these are combined and complement each other. Pre-service hate crime training is also delivered in few Member States, sometimes as part of the educational curriculum. In Sweden, for example, a prosecution development centre within the Swedish Prosecution Authority offers targeted training to all tenured and non-tenured judges on how to determine the penal value of a crime motivated by hatred. Training the executive – Executive hate crime training, i.e. hate crime training addressed to high level officials, which is a practice in a limited number of Member States, can play a key role in building leadership and commitment of the executive in preventing and countering hate crimes, and can be a factor ensuring the success of training to low-level staff and train-the-trainer sessions. Such training should be customised to high level officials and therefore normally include elements such as input on moral leadership, objective setting, prevention strategies, the use of community intelligence, community engagement and measuring performance. Follow up monitoring and training evaluation – Practices ensuring a systematic overall monitoring and evaluation of hate crime training programmes do not seem to exist, as such, in any Member State. Evaluation is, rather, often carried out on specific training sessions or initiatives, often through self-evaluation methods. Role of civil society and community-based organisations – The impact of hate crime training programmes is reported as more meaningful where civil society and/or community based organisations are involved in their design and delivery. Experience gathered in a number of Member States shows that these actors can play an important role in the context of the training needs’ assessment, as training experts and to facilitate the involvement of victims or victim groups − which can add to the training programme the essential element of the emotional impact – as well as for the purpose of the monitoring and evaluation phase. Civil society
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organisations have been designing and offering hate crime training to national authorities in several Member States. The development of partnerships for training purposes can allow civil society organisations to act as multipliers, and is seen as an opportunity to strengthen future cooperation and foster the engagement of communities with the authorities, also with a view to improving reporting. In the Czech Republic, for example, the civil society organisation In IUSTITIA has developed a partnership with the public administration, including to provide hate crime training to police forces. II. Structure and methodology Hate crime training integrated in general training curricula/matrix or delivered as ad hoc training – Hate crime training is only in a limited number of Member States included as an integral part of general training curricula or training matrix for law enforcement and/or criminal justice agencies. This implies, in some cases, that training is, in fact, part of the compulsory regular training which officers have a duty to undergo, which can ensure that training is linked to performance review processes. In the majority of Member States, hate crime training is, on the contrary, delivered in the form of ad hoc training seminars, workshops and conferences, whose attendance will be, mostly, on a voluntary basis, and might not be delivered regularly. In Finland, for example, hate crime training is mandatory and is part of basic police training. Hate crime training included in more general training programmes or initiatives on human rights or nondiscrimination training or designed as a specific standalone modules or initiatives – Practices in the design of hate crime training in the Member States also differ depending on whether hate crime training modules are delivered or offered as part of more general training on human rights or non-discrimination – having the merit of stressing how addressing hate crimes is part of an overall fundamental rights based approach to law enforcement and criminal justice; or else as specific, standalone modules or initiatives – having the merit of being able to offer in-depth and more targeted knowledge and guidance. In some cases, the two exist and complement each other. In Austria, for example, elements relevant to hate crime training are embedded in the organisational project “Police, Power and Human Rights”, aimed at building a human rights-based approach to policing within law enforcement authorities. Different types of hate crime training: e-learning, bespoke training, self-study materials – Practices as regards the choice of types of hate crime training vary greatly. The most common are: bespoke training, which also allows for a more interactive, practical and hands-on approach (e.g. case studies, working groups, etc.); the development of educational material, including guidelines and checklists, for self-study; e-learning and online modules, often used to offer general knowledge or provide guidance on procedures and practices. These typologies of training are often used in a complementary manner. In Spain, for example, the project “Training for the identification and recording of racist incidents (FIRIR)” has been developed on the basis of the “Manual for the training of security forces on the identification of racist and xenophobic incidents”, available online. Hands on approach – Practical and operational training is seen as particularly important when it comes to hate crime training for law enforcement and criminal justice officers. In particular, the use of case studies (national case examples and/or case studies from other countries), which is a practice in hate crime training in a number of Member States, is key to provide detailed instructions on how to deal with difficult operational situations or transfer and develop skills to be able to apply in practice guidelines and instructions. A hands on approach generally encourages inclusive and individual proactive participation; it can contribute to identify and address unconscious bias and to better understand the role of different actors in the process. In Ireland, for example, investigating officers are trained to ensure that they have the skills necessary to conduct investigation and secure evidence of crimes committed with a hate motivation.
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Train-the-trainers approach – Hate crime training programmes are in a number of Member States, as well as in the experience of relevant international bodies, such as ODIHR, conceived on the basis of train-the-trainers models, which enable building a pool of competent instructors who can subsequently lead to cascade trainings (ideally, peer-to-peer). The advantage of this model is its wide reach and the possibility of progressively building capacity within the target group. In Belgium, for example, the Antwerp police has developed a training programme where specialised and trained police officers deliver hate crime training to frontline officers. III. Objectives and content Overall objectives – Hate crime training curricula for law enforcement and criminal justice personnel are normally designed in order to achieve the following objectives: 1) raising awareness, fostering empathy, addressing attitude aspects, including vis à vis specific groups and communities, 2) improving knowledge of basic concepts and of the national and international legal and policy framework, and 3) transferring and developing skills to more effectively deal with hate crimes and ensure adequate support to victims (including through guidelines, instructions, checklists). Main elements in terms of content – Model hate crime training curricula for law enforcement and criminal justice personnel are normally based on an equitable balance of: information concerning values of diversity and the nature and social impact of hate crimes; information concerning trends and data; the legal and policy framework (including EU, European and international instruments and standards, as well as their interpretation, for example through relevant case-law of the European Court of Human Rights); the institutional framework, in particular as regards cooperation with other authorities or actors at national or European level); targeted instruction on law enforcement (depending on the targets, generally covering identification and recording on the basis of bias indicators, evidence gathering and investigation, application of relevant legislation in the prosecution and sentencing phase, collecting, categorising and processing data); targeted instruction on victim assistance (such as interview skills, needs assessment and referral to support services, right to information); improving community relations (such as engagement and cooperation with civil society and communities also to address underreporting, community/proximity policing, improving responses to conflict situations); combating unconscious bias and individual and/or structural discriminatory attitudes, policies or practices; public outreach and communication to the public. Advanced trainings can focus on in-depth analysis of specific aspects only. In Cyprus, for example, a number of hate crime training resources have been developed for the police, including a hate crime training programme for police officers and sergeants working on investigation and training courses and materials to raise awareness intercultural sensitivity in policing. Targeted hate crime training to address specific forms or manifestations of intolerance – In a good number of Member States, targeted hate crime training initiatives have also been designed in order to address the specificities of certain forms or manifestations of intolerance, such as Antisemitism, anti-Muslim hatred, antigypsyism, Afrophobia, homophobic and transphobic hate crime, hate crimes against persons with disabilities, etc. Targeted trainings help creating specific understanding of a group at risk of hate crimes, and can prevent double victimisation. Intersectionality is also an issue on which civil society organisations are increasingly calling for specific attention and targeted action, including when it comes to hate crime training. In Portugal, for example, police forces and the judiciary have developed a partnership with ILGA-Portugal, a civil society organisation working to protect the LGBTI community, in order to offer specific training on how to deal with homophobic and transphobic crime to law enforcement officials, the judiciary as well as civil servants.
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Challenges and the way forward Taking into account the information gathered, the High Level Group is encouraged to focus discussions on the following key issues:
Would you believe that this background paper captures the main common minimum standards for hate crime training and best practices examples? Would you have any further suggestions?
Impact and sustainability
Do Member States share the view that embedding hate crime training in general frameworks/strategies to address hatred and intolerance enhances success of such training?
How can existing tools be better used in order to ensure that Member States engage in a targeted training needs’ analysis and monitoring and evaluation of training is ensured, and how can civil society and expert bodies at EU and international level help?
What are the obstacles to cooperation between national authorities and civil society organisations in this area, and how to best build on civil society initiatives?
Are there gaps in terms of resources which hamper the possibility to ensure long term impact and sustainability of hate crime training programmes?
Structure and methodology
To what extent is cooperation and exchange of information and practices between Member States useful and how to further foster it?
How could expert bodies at EU and international level help to expand the design and use of train-thetrainers programmes?
How can online training resources and initiatives be put at best use?
Objectives and content
Would targeted workshops be useful, for example on thematic issues?
Would Member States consider useful to organise them and/or engage in practical exchanges and study visits?
Is there scope for civil society and expert bodies at EU and international level to assist in designing and delivering training to address specific forms of intolerance, and intersectional manifestations of intolerance?
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Annex - General information on resources and initiatives to support hate crime training programmes ODIHR provides, at the request of participating OSCE States, train-the-trainers programmes on hate crimes for both law enforcement (TAHCLE Programme) and prosecutors (PAHCT Programme). ODIHR also issued a number of publications and manuals providing guidance addressed to both national authorities and civil society on how to better deal with hate crimes and implement hate crime laws, which are available on their website (see for example, the manuals “Prosecuting Hate Crimes – A Practical Guide”, “Preventing and responding to hate crimes: A resource guide for NGOs in the OSCE region”). ODIHR has further developed training programmes concerning human rights-compliant policing (see, for example, the recent training programme on “Effective and Human Rights-Compliant Policing in Roma and Sinti Communities” for law enforcement officers). The Council of Europe set up a European Programme for Human Rights Education for Legal Professionals (HELP) to support participating States in implementing the European Convention on Human Rights (ECHR) at national level. The HELP Training Platform provides free of charge a range of resources on hate crime training, including distance-learning and self-learning resources. The Council of Europe also regularly publishes handbooks and manuals (see, for example, the “Manual on hate speech”). In addition, relevant information collected by the Council of Europe’s European Commission Against Racism and Intolerance (ECRI) and published in regular country reports, offers a useful overview and evaluation of trends, gaps and challenges in addressing hate crimes at national level. FRA has been leading during 2014-2016 a Working Party on Improving Reporting and Recording of Hate Crime in the EU which led to the publication of an online compendium of practices, collating practices on combating hate crime from across the EU, including training programmes, with a step-by-step description to help policymakers and practitioners understand what is being done elsewhere in the EU to combat hate crime, and which elements could be adapted for use in their own national contexts. FRA also published in 2013 a manual on “Fundamental-right based police training – A manual for police trainers”, which is currently being updated. FRA can also contribute to the design and delivery of training courses. CEPOL, the EU Agency dedicated to develop, implement and coordinate training for law enforcement officials, has made available training material on the topic of hate crimes including webinars and residential activities. CEPOL is now working on the development of a package of further targeted resources. CEPOL awards grants to national training institutions (framework partners) for the implementation of its training portfolio and can, among others, support exchanges and study visits through the “European police exchange programme”. The European Commission gives priority to EU funded projects promoting activities by national authorities and civil society organisations specifically focussed on hate crime training. Hate crime training is one of the priority areas of the calls for proposals published yearly under the Rights, Equality and Citizenship Programme in the area of combating racism, xenophobia, homophobia and other forms of intolerance. Two ongoing calls (open until 5 January 2017) include hate crime training among their priorities. Examples of EU funded projects addressing the issue of hate crime training whose outcomes are available are “Facing Facts – Making Hate Crime Visible”, which also led to the recent launch of two online courses on identifying, monitoring and countering hate crime and hate speech, and which will be built upon in the follow-up project “Facing all the facts”, aimed at building the capacities of law enforcement and public authorities to take a victim centred approach to monitoring and recording hate crime and hate speech through online trainings; “Good Practice Plus” which developed a toolkit including a bespoke training designed and delivered by the partners to law enforcement and prosecutors in the partner countries; “Light On”, which developed a pilot training based on a training manual on investigating and reporting online hate speech; “Address hate crime”, which includes experiential learning seminars in the partner countries as well as a “Good practice manual for judges/prosecutors, law enforcement authorities and legal practitioners” to be also used as a resource for hate crime training.
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