Building a Comprehensive Criminal Justice Response to Hate Crime A Resource Toolkit
MANUAL ON JOINT HATE CRIME DEVELOPING TR AINING FOR POLICE INTER-AGENCY MAPPING AND PROSECUTORS CO-OPER ATION UNREPORTED PLANS TO ADDRESS HATE CRIMES USING HATE CRIME: GUIDE RESPONDENT-DRIVEN A METHODOLOGY TO ADDRESSING SAMPLING: A METHODOLOGY HATE CRIME AT THE REGIONAL LEVEL
As part of its project on Building held in various locations in Bulgaria formed the basis of the Manual on Joint Hate Crime Training for Police and a Comprehensive Criminal Justice Prosecutors. The Methodology on Developing Inter-agency Response to Hate Crime, ODIHR Co-operation Plans to Address Hate Crimes was based has developed a toolkit of practical on the experience of designing such a co-operation guides and methodologies aimed at agreement in Greece. In developing the Methodology on Mapping Unreported Hate Crimes Using Responent- strengthening the efforts of govern- Driven Sampling, ODIHR partnered with the Polish ment institutions, criminal justice Office of the Commissioner for Human Rights to conduct agencies and civil society organiza- a pilot survey of unreported hate crimes among selected tions to address hate crimes. communities in the country. Finally, the Guide to Address- ing Hate Crime at the Regional Level offers a wealth of Each publication focuses on a specific area of the crim- examples from project activities in Lombardy, Italy, inal justice response to hate crime – from developing where ODIHR co-operated with regional institutions inter-agency co-operation plans to building the capa- and organizations. city of police and prosecutors to effectively investigate and prosecute hate crimes. The publications developed as part of the toolkit are intended to be replicated and customized to national, The toolkit draws on the experience of ODIHR project regional and local contexts to guide efforts to improve activities in Bulgaria, Greece, Italy and Poland to high- the criminal justice response to hate crime across the light good practices and lessons learned. Pilot training OSCE region. MANUAL ON JOINT HATE CRIME TRAINING FOR POLICE AND PROSECUTORS For the full publication, see: https://www.osce.org/odihr/402296
Police and prosecutors represent the front line in Increase co-operation and improve communication with efforts to address hate crime. It is essential that they civil society organizations and community leaders; and co-ordinate their efforts to ensure that hate crimes are Increase the diversity of the police force and prosecution properly investigated and prosecuted and that victims service. have access to essential services.
This Manual provides detailed information on how to ODIHR pilot training of police and successfully conduct joint training events for police and prosecutors in Bulgaria: prosecutors to ensure their effective and long-lasting co-operation. It combines practical advice with key hate In early 2018, ODIHR conducted joint training events crime concepts and guidance on responding to, investi- for 70 police and prosecutors in three locations: gating and prosecuting hate crimes. It reviews the inter- Plovdiv, Sofia and Veliko Tarnovo. Participants were national legal framework to demonstrate how to over- encouraged to critically reflect on the types and come gaps in national legislation. Emphasis is placed on incidence of hate crime committed in their regions, the value of using case studies to practice investigating including by studying victim and witness testimoni- hate crimes and correctly applying hate crime legislation. als. They also learned how to properly recognize and record hate crimes using bias indicators. Following The Manual complements and builds on the following the training events, 97 per cent of participants programmes developed by ODIHR: Training against expressed confidence in their ability to apply this Hate Crimes for Law Enforcement (TAHCLE); knowledge to their work. Prosecutors and Hate Crimes Training (PAHCT); and The Information Against Hate Crimes Toolkit (INFAHCT).
Good practices for police and prosecutors: Conduct joint hate crime training programmes for police and prosecutors;
Develop guidelines and protocols on the specific steps that police and prosecutors must take;
Appoint specialized police and prosecutors to create a network of national hate crime experts;
DEVELOPING INTERAGENCY CO-OPERATION PLANS TO ADDRESS HATE CRIMES: A METHODOLOGY For the full publication, see: https://www.osce.org/odihr/402305
This Methodology provides practical information on It encourages institutions to collectively overcome the developing strategic, inter-agency co-operation plans most common stumbling blocks in co-ordinating an to co-ordinate the work of government institutions, effective response to hate crime, including fragmented criminal justice agencies and civil society in preventing and inconsistent hate crime data collection and sharing, and addressing hate crime. It walks through the stages vague legislation, insufficient co-ordination among involved in designing customized plans, including criminal justice agencies and a lack of guidelines on conducting a needs assessment, engaging the support investigating and prosecuting hate crimes. of leadership, determining the scope of the plan and monitoring its implementation. The Methodology outlines the wide range of actors that might be involved in developing the plan, including criminal justice agencies, government ministries and public bodies working on education, health, equality, non-discrimination and social welfare, and civil society National parliaments: organizations. All actors have a role to play in improv- Harmonize legislation with ing the criminal justice response to hate crime and international standards. developing more effective and long-term policies to tackle the problem. Police forces, Civil society: Good practices in developing Monitor and prosecution
inter-agency co-operation plans report hate Strengthening services and
to address hate crimes: crime incidents, Inter-agency courts: Develop guidelines, col- support victims Co-operation lect and share Co-ordinated efforts and effective communication and raise data, and train among all relevant actors; awareness. criminal justice High-level political commitment; actors.
Impartial assessment of hate crime trends and Government ministries: responses; Incorporate hate crime prevention and response into policy- Commitment to specific tasks and timeframes; making, including on victim An inclusive process that incorporates civil society’s and support. victims’ perspectives; and
Sustainable implementation of the interagency co-operation plan.
MAPPING UNREPORTED HATE CRIMES USING RESPONDENT-DRIVEN SAMPLING: A METHODOLOGY For the full publication, see: https://www.osce.org/odihr/402314
The Methodology addresses the problem of hate crime opens up public debate on the problem, leading to under-reporting with a step-by-step guide to survey- informed policy-making and a more effective criminal ing the scale of unreported hate crimes among selected justice response to such crimes. communities using an innovative research technique: respondent-driven sampling (RDS). The Methodology draws on the lessons learned dur- ing an ODIHR-commissioned pilot survey to pres- RDS allows researchers to reach marginalized groups by ent a ten-step process for designing an RDS survey. having initial survey respondents recruit further parti- It outlines how the types of hate crime and victim cipants using coupons distributed within the community. communities to be studied can be selected based on When applied to hate crime victimization surveys, this an analysis of official data and national legislation. research technique can expose the hate crime exper- Above all, the Methodology highlights the importance iences of communities not represented in traditional of tailoring the survey to the local context and the surveys. Comparing survey responses with official data findings of desk research.
Community area
Respondents Community member
The respondent-driven sampling (RDS) technique Developing an RDS survey step-by-step: Step 6. Hold a consultation meeting to discuss the survey methodology, identify the profiles of initial Step 1. Project design: identify relevant partners and survey respondents and develop research tools; conduct desk research; Step 7. Conduct the RDS survey, paying careful attention Step 2. Analyse national hate crime legislation and data; to the development of recruitment chains and recording data about recruitment “coupons”; Step 3. Based on the desk research, select the communities and types of crime to be surveyed; Step 8. Analyse the data using dedicated RDS software;
Step 4. Develop terms of reference to identify a suitable Step 9. Interpret the findings: compare survey results research agency to conduct the survey; with official data and estimate the total number of hate crime victims and cases among surveyed communities; and Step 5. Conduct a formative study to determine the survey’s feasibility; Step 10. Present the findings to facilitate public discussion.
GUIDE TO ADDRESSING HATE CRIME AT THE REGIONAL LEVEL For the full publication, see: https://www.osce.org/odihr/402536
While it is essential that national institutions provide Regional-level activities and good a strategic, over-arching response to hate crime, practices: addressing manifestations of hate at the regional level is no less important. Drawing on ODIHR project activities Engaging and promoting trust among key partners; in Lombardy, Italy, this Guide presents the advantages – Raising awareness of the regional hate crime context and challenges – of taking a regional-level approach. among local communities; By co-ordinating the work of regional actors and insti- tutions, this approach can help shape a more effective Reviewing and collecting hate crime data to establish hate crime response that is tailored to the local hate patterns and trends in the region; crime context. Above all, the regional approach allows for local ownership of the problem, forging trust between Incorporating hate crime prevention into regional communities and local authorities and reinforcing their educational policies; commitment to address hate crime. Customizing hate crime training programmes by studying examples of hate crime in the region; and A regional baseline assessment can be conducted Promoting reconciliation through victim-led communi- to map efforts to counter hate crime and determine cation with hate crime perpetrators (restorative justice). areas for improvement in a particular region. It can examine the roles of regional criminal justice agen- cies, analyse hate crime data for the region and identify co-operation among institutions and their training needs. The assessment can be used to develop benchmarks that gauge the effectiveness of the crimi- nal justice response to hate crime at the local level.
As part of its mandate to promote tolerance and training events, reviewing hate crime legislation and non-discrimination across the OSCE region, ODIHR offering its expertise to institutions and civil society. assists participating States in strengthening criminal For more information and to request assistance, see the justice responses to hate crime. This includes delivering contact details provided below.
More information OSCE Office for Democratic For more information about the project Institutions and Human Rights and ODIHR’s hate crime work, visit: Miodowa 10 http://www.osce.org/projects/ 00-251 Warsaw, Poland criminal-justice-response-hate-crime Tel: +48 22 520 0600 https://www.osce.org/odihr/tolerance- Fax: +48 22 520 0605 and-non-discrimination Co-funded by the Rights, Equality E-mail: office@odihr.pl and Citizenship Programme http://hatecrime.osce.org www.osce.org/odihr of the European Union