policing – Page 6

UN Human Rights Committee Finds Discrimination in Racial Profiling

I received the following message from James A. Goldston, Executive Director of the Open Society Justice Initiative, on a very important finding on racial profiling by the UN Human Rights Committee. I reprint he message in full, as it speaks for itself.

On July 30, 2009, the United Nations Human Rights Committee became the first international tribunal to declare that police identity checks that are motivated by race or ethnicity run counter to the international human right to non-discrimination. The committee issued its views concerning the Rosalind Williams v. Spain communication, originally filed by the Justice Initiative and Women’s Link Worldwide in 2006.

Williams’ case began 17 years ago, when she, a naturalized Spanish citizen, was stopped by a National Police officer in the Valladolid, Spain rail station. Of all the people on the train platform, she was the only one to be stopped and asked for her identity documents. She was also the only black person on the platform. Williams soon launched a legal challenge to the identity check, claiming she was targeted because of her race. In 2001, the Spanish Constitutional Tribunal approved the practice of relying on specific physical or racial characteristics as “reasonable indicators of the non-national origin of the person who possesses them,” arguing that racial criteria are “merely indicative of the greater probability that the interested party not Spanish.” The court’s endorsement lent legitimacy to a pervasive discriminatory policy of ethnic profiling that had for years been widely documented by human rights monitoring bodies.

In finding a violation of the International Covenant on Civil and Political Rights the UN Human Rights Committee concluded that while identity checks might be permitted for protecting public safety, the prevention of crime, or to control illegal immigration, “the physical or ethnic characteristics of the persons targeted should not be considered as indicative of their possibly illegal situation in the country. Nor should identity checks be carried out so that only people with certain physical characteristics or ethnic backgrounds are targeted. This would not only adversely affect the dignity of those affected, but also contribute to the spread of xenophobic attitudes among the general population; it would also be inconsistent with an effective policy to combat racial discrimination.”

The committee found that while there was no written policy to conduct police identity checks on the basis of skin color, “…it does appear that the police officer did act according to such a criterion — something that was justified by the courts that heard the case. The responsibility of the State party is clearly compromised.”

“… the Committee can only conclude that the petitioner was singled out only because of her racial characteristics, and this was the decisive factor for suspecting unlawful conduct. The Committee recalls its jurisprudence that not all differential treatment constitutes discrimination if the criteria for differentiation are reasonable and objective and if the goal is legitimate under the Covenant. In this case, the Committee finds that the criteria of reasonableness and objectivity were not met.”

The implications of the UN Human Rights Committee’s judgment extend far beyond Spain, where ethnicity-based police stops are still a common practice, to wider Europe, where years of monitoring have revealed a persistent and damaging pattern of ethnic profiling of minorities and immigrants in police stops and searches without explanation and without clear or effective purpose. The Justice Initiative has documented the prevalence and harms of this impermissible practice in reports such as “I Can Stop and Search Whoever I Want” — Police Stops of Ethnic Minorities in Bulgaria, Hungary and Spain and Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory!, and has long advocated for operational, policy, and legal reforms before national and regional actors.

Although previous regional human rights tribunals have touched upon the issue of ethnic profiling — most notably the European Court of Human Rights in its 2005 Timishev v. Russia judgment, which held that the applicant had been unjustifiably subjected to differential treatment in relation to his right to liberty of movement “solely” due to his ethnic origin — Williams v. Spain is the first case to explicitly challenge ethnic profiling as a practice, and the UN Human Rights Committee the first international tribunal to issue a ruling prohibiting race- and ethnicity-based police stops.

Following this landmark judgment, the Justice Initiative will continue to work with government representatives and law enforcement agencies in Spain and other EU Member States, as well as with EU institutions in Brussels, to make sure that the policy and practice changes in line with the principles established by the UN Human Rights Committee are adopted and implemented.

Click here for further information on the Justice Initiative’s work challenging ethnic profiling.

Kabukicho Renaissance?

Kabukicho is a place that is hard to love. A seedy, crime-infested dive full of ‘massage parlours’, ‘aesthetic salons’, ‘image bars’ and other thinly-disguised forms of brothel. Tokyo has had red-light disticts since the Edo period, of course, and the Yoshiwara was only the most famous. Shinjuku was always one of them, and since the failure of the threatre initiative that gave the neighbourhood its name, Kabukicho has been the best known. Kabukicho is interesting though for many reasons. It had a radical political and cultural history in the 60s and 70s. It was the epicentre of changes that occurred in organised crime in the 80s and 90s, with Chinese gangs replacing the Yakuza as the biggest ‘threat’. And it is now the centre of efforts by the Shinjuku authorities to clean up its image, with the Kabukicho Renaissance policy, and the new Town Manager, and by Tokyo police to crack down on illegal immigration.

We are all libertarians now?

A rather telling little piece on The Guardian‘s ‘Comment is Free’ site today by UK Labour MP, Diane Abbot. First she takes a cheap shot at the Conservative shadow-cabinet minister, Damien Green, for having been successful in getting his details removed from the UK police National DNA Database (NDNAD). She then says that, well, she is doing much more to help by holding clinics for her young, black, constituents to help them with their complaints against the NDNAD. This is excellent, of course.

However two things spring to mind immediately. Firstly, is this Diane Abbot the same New Labour loyalist who voted in favour of the original bill to set up the NDNAD and made no attempt to amend it to prevent the kind of racially-biased abuses of which she is no complaining? I think it is. And now, why is she not also condemning the former Home Secretary, Jacqui Smith’s rather pathetic and weaselly response the judgement of the European Court that condemned the NDNAD, which was essentially to try to avoid doing anything fundamental at all?

This is not an issue on which anyone in New Labour can really make any political capital unless they take a rather stronger moral stance. Basically, and in addition to the stance that there should be no state retention of DNA data at all, there are only two ‘fair’ ways to maintain a police DNA database, and those are to keep the DNA of the guilty, or to keep the DNA of everyone. Which you prefer depends largely on your attitude to surveillance and your trust in the accountability of the state, but politicians like Abbot are hedging and avoiding making any serious attempt to put pressure on their own government to reform the law we have.

The end of the war on photographers?

The UK Home Office has finally issued a circular on Photography and Counter-Terrorism (012/2009) in response to the widespread complaints about police harassment of both professional and amateur photographers in the name of ‘anti-terrorism’ – which I covered here and here. The circular advises police of can and cannot be done under three separate parts of the Terrorism Act 2000: Sections 43 on searches, 44 on authorised area searches and 58A on eliciting and publishing information on members of the police, armed forces or intelligence services, which was introduced as part of the Counter-Terrorism Act 2008. This is of course to be welcomed, even if it is rather late in the day.

On Section 43, they make is clear that the Act “does not prohibit the taking of photographs, film or digital images in a public place and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by section” and that it is the suspicion of being a terrorist that gives the justification for any search, not the fact of taking photographs.

On Section 44, they remind the police that neither the Press nor public can be prevented from taking pictures in an area defined as an ‘authorised area’ by the police, and that officers have no powers to delete pictures or seize film. And finally, on Section 58a, they remind officers that ‘reasonable excuses’ for taking pictures, even of subjects considered sensitive, include tourism, sight-seeing and journalism. Interestingly, however, they do not actually give academic research as an example of reasonable excuse!

Of course, all of this serves to remind us that the Terrorism Act was drawn way too vaguely and widely and gave too much discretion to individual police forces and officers in its interpretation. Earlier this year, Jack Straw promised at several meetings that the government was to review all of the legislation on terrorism and counter-terrorism – perhaps this guidance is a result but it is only about interpretation and does not make or propose any change to the law itself.

Community Safety in Suginami

Following our meeting with the Mayor the other day, we went back to Suginami-ku to talk to the community safety people, who are part of the Disaster Management section. Suginami is interesting because, as far back as 2004, it was the first Local Authority in Japan to introduce a special bohan kamera jourei (security camera ordinance) which is based in part at least on principles of data protection and privacy. And until neighbouring Setegaya-ku introduced their own ordinance last year, they were, so far as I know, the only such authority. The ordinance followed public consultation which showed that although people generally thought CCTV was effective (95%), a significant minority of 34% were concerned about privacy, and 72% thought that regulation was needed. These figures seem to be significantly more in favour of privacy and regulation of CCTV than the nationwide survey done by Hino Kimihiro, however he asked different questions leading to answers that are not directly comparable.

Suginami is one of the areas of Tokyo that has the other kind of CCTV system introduced by the Tokyo Metropolitan Police after 2002, help points where people press a button if they feel in danger and speak to someone from the police. The help points have both CCTV camera and an alarm / red flashing light if the caller says it is an emergency.

However the Suginami community safety officers said that these cameras have not proved very effective and in fact they cause a lot of problems, because children tend to press the button for fun, and run away – meaning that there are many false alarms.

Suginami has some of the same kind of array of ‘blue-light’ volunteer patrols as Arakawa-ku. In Suginami, there is a fleet of mini-patoka (mini patrol cars) and motorbikes, used by 15 retired police officers. These are mainly about visibility leading to deterrence and increased community confidence, as the volunteers ex-officers have no special powers nor do they carry side-arms or handcuffs or any other conventional ‘police’ equipment. Suginami does not have the small community safety stations like Arakawa-ku, although they do also have the same problem of local koban (police boxes) being closed. However where Suginami really stands out is in the sheer number of volunteers they have involved in their community patrols, organised through the local PTAs, shoutenkai (shopkeepers’ associations) and choukai (community associations). There are 140 groups with 9600 people actively involved in one way or another in community safety just in Suginami.

Suginami is a relatively wealthy ward and the kinds of problems that concern Arakawa (mainly minor street crime and snatch-thefts) are not such big issues here. The main concern in this ward seems to be burglary and furikomi – the practice of gangsters and other criminals calling old people and pretending to be a relative or representative of a relative and persuading them to transfer money to a particular ATM (which you can do in Japan – it would be impossible in the UK). Furikomi is a very interesting phenomenon in that it seems to be a product of family, social and technological changes. Many older people who would have lived with family in traditional Japanese society are now living alone. They are lonely and miss the intimacy of family contact, so they tend to welcome unexpected calls from relatives who may now be living almost anywhere in Japan. These older people are also technologically literate and able to use mobile phones, ATMs and computers. The combination of this technological skill, dispersed families, and psychological vulnerability makes for a ripe target for fraudsters, and Suginami estimate that 40% of all crime in the ward is some form of furikomi.

In many ways, increasing concern for privacy is also a product of this change in lifestyles and family structure, as well as building techniques – western-style walls and better sound insulation mean that you can’t always know what is going on in the next room anymore, let alone in your neighbours’ apartments or houses. This also makes burglary rather easier, as once the thief has got past the initial walls or doors, no-one can hear or see very much. The intense and intimate ‘natural surveillance’ that used to characterise ordinary Japanese communities is disappearing. But the Suginami community safety officers see the possibility of revitalising such natural surveillance, and protecting privacy, without going down the route of impersonal, technologically-mediated surveillance. In many ways, this is quite heartening – if, of course, you are of a communitarian mindset. Such supportive, mutually monitored and very inward-looking communities can be stifling to those who do not fit and exclusionary to those from outside… and, not coincidentally, one of our last interviews was with a leading support group for foreign migrants in Japan, who have a very different perspective on all of these developments. That will be in my next post, which may not be until Saturday as we’re going off to Kansai for a couple of days…

(Thank-you to the Disaster Management section for their time and patience).

Meanwhile, back in the USA…

Just when you though the USA might not be going down the same kind of vehicle tracking route that the UK, Japan and Brazil are following, former Congressman, longtime privacy advocate and erstwhile scourge of ECHELON, Bob Barr, reports in his Atlanta Journal and Constitution blog, that increasing numbers of jurisdications in the States are indeed investing in license plate reading systems. California seems to be leading the way, but there’s plenty of others states following, and no doubt this will be another way of wasting (sorry, investing) Obama’s massive recession-busting boost for security…

Why Japan is a surveillance society

We met yesterday with member of the Campaign Against Surveillance Society (AKA Kanshi-No!) a small but active organisation formed in in 2002 in response to the Japanese government’s jyuminkihondaichou network system (Residents’ Registry Network System, or juki-net). plans and the simultaneous introduction of police video surveillance cameras in Kabukicho in Tokyo. We had a long and detailed discussion which would be impossible to reproduce in full here, but I did get much more of a sense of what in particular is seen as objectionable about past and current Japanese government actions in this area.

The main thrust of the argument was to do with the top-down imposition of new forms of control on Japanese society. This they argued was the product of the longtime ruling Liberal Democratic Party’s neo-liberal turn and has thus been some time in the making. It is not a post-9/11 phenomenon, although they were also clear that the G-8 summit held in Hokkaido in 2008 used many of the same forms of ‘community action’ in the name of preventing terrorism as are used in the name of anzen anshin (safety) or bohan (security) from crime in Japanese cities everyday.

However, they argued that this might be a product of neo-liberalism, but the forms of community security were drawn from or influenced by a much older style of governance, that of the Edo-period mutual surveillance and control of the goningumi (five family groups). (this is actually remarkably similar to the argument that I, David Lyon and Kiyoshi Abe made in our paper in Urban Studies in 2007!). Thus the mini-patoka and wan-wan patrol initiatives in Arakawa-ku were seen as as much a part of an imposed state ordering process as the more obviously externally-derived CCTV-based form of urban governance going on in Shunjuku.

Underlying all this was the creation of an infrastructure for the surveillance society, juki-net. They were certainly aware of the way that juki-net had been limited from the original plans, and indeed they regarded these limits as being the major success of the popular campaign against the system, however they argued that the 11-digit unique number now assigned to every citizen was the most important element of the plans and this remained and could therefore serve as the foundation for future expansion and linking of government databases. They pointed to the way that the passport system had already been connected.

Kanshi-no! were also concerned, in this context, about the development of plans for experimental facial recognition systems to be used in Tokyo (at a location as yet unrevealed). This would imply the development of a national database of facial images, and a further extension of the personal information held by central government on individuals.

So was this all in the name of puraibashi (privacy) or some wider social concerns of something else? Certainly, privacy was mentioned, but not as much as one would expect in an interview with a British activist group on the same issues. I asked in particular about the decline of trust and community. The argument here was that community and any lingering sense of social trust had already been destroyed and that CCTV cameras and other surveillance measures were not responsible in themselves. However, from an outside perspective it does seem that there is more of a sense of social assurance and community, even in Tokyo than there is in the UK. I do wonder sometimes when people (from any country) refer back to some time when some idealised ‘trust’ or ‘community’ existed, when exactly it was! Rather than a particular time, it seems to be a current that either asserts itself or is suppressed of co-opted into the aims of more powerful concerns in particular times and places.

I asked at one point what immediate change or new laws Kashi-no! would want, and the answer was quite simple: no new laws, just for the state to respect the constitution which they said already made both CCTV cameras and juki-net illegal (although of course the Supreme Court recently disagreed).

(Thank-you to the two members of Kanshi-no! for their time and patience with my questions)

At the Tokyo Metropolitan Police HQ

The Tokyo Metropolitan Police HQ in Chiyoda-ku

We had an enlightening interview, which will give me much to analyse later, with three senior officers from the Seikatsu Anzen Bu (literally, ‘Everyday Life Safety Division’) of the Keisicho (Tokyo Metropolitan Police). Interestingly, this division that was created as a result of the Seikatsu Anzen Jourei (Governor Ishihara’s 2003 Tokyo Metropolitan Government ordinance) and which deals with all the community security and safety initiatives, including CCTV, is separate from the Chiki Bu (the community division) that is responsible for the koban neighbourhood police box system.

Like almost everyone in authority we have met here, the police were convinced that they were not doing surveillance in using the cameras. They also confirmed that almost all of the CCTV systems operated by shoutenkai (shopkeepers’ associations) are not monitored and are simply recorded. They also stressed their deep concern for privacy and the rights of citizens and said that data from the police-operated cameras – of which there are around 150 in Shinjuku (the largest system with 50 cameras in the Kabukicho entertainment district), Shibuya, Ikebukuro, Roppongi and Ueno – was only kept for 7 days unless there was a specific reason to retain it. This is a legal requirement not just a police guideline. The police cameras are monitored both in local stations and in a central control room, but we were told that it was strictly forbidden for us to visit (unlike every other city in which I have done research) as everyone who enters has to be pre-enrolled in the police iris-scan security database.

We talked a lot about the history of the development of CCTV and of community safety initiatives in Tokyo, and Governor Ishihara’s absolutely central role in backing video surveillance became very clear (it’s a shame he has so far refused an interview with us!). What was also particularly interesting was that the police themselves did not think that apparently obvious ‘trigger events’ were as important as it might seem. For example, they claim that the police only really began considering the use of CCTV cameras not after the Aum Shinrikyo sarin gas attacks on the Tokyo underground but because of the influence of G8 summit security. One officer specifically mentioned the Gleneagles summit (which was just starting when terrorists attacked the London transport system), but this was in 2005, well after the TMG had already introduced CCTV, and after which the Tokyo police have not introduced a lot more cameras. So I don’t quite understand their point. It may become clearer once I have the complete transcripts… They also claimed that it was the Tokyo police rather than Japan Railways themselves or the Tokyo Metro authority who insisted on installing CCTV in the Tokyo transport network after the Aum attacks.

The officers talked a lot about community involvement. They dismissed the objections to their public space CCTV systems for several reasons, not least as I have already mentioned that they were not doing ‘surveillance’, but more importantly because they claimed to have done extensive consultation with local community groups, businesses etc. The claimed that they could not do anything without this support. This may have been true for Kabukicho, which was undoubtedly afflicted by an influx of Chinese gangs in the 1990s, but we heard from the local government of another ward that is being lined up for one of the new volunteer-based child safety camera systems being introduced from 2010 that they were given no choice by the police, and that local people were not happy about it. The problem is that this local authority don’t want to be interviewed further about this as they are in a rather delicate position over this new system.

(Thank-you very much to the officers from the Seikatsu Anzen Bu for giving us their time)

Big Mothers not Big Brother? Women changing Rio

The Guardian today has an interesting report on how women are getting to more senior positions in the police in Rio de Janeiro and changing the way policing is done as a result. I reported on my own observation of this back in April, an whilst there are many bright young female officers who want to do things differently, the top echelons of Brazilian policing are still a long way from being feminized and these young guns may not ever get much higher up to where policy is made. There’s also suspicions that such officers are being used largely for their PR value and to defend the police against being just another macho gang.

Of course, there’s more going on than just in the police. A whole generation of men lost to the drugs war has left women in more influential positions within community organisations in the favelas of Rio – we met several during our research. Considering the lack of effective state surveillance and the relative increase in power and local knowledge of these women both in community associations and the police in Brazil, I jokingly referred to them as ‘not so much Big Brother as Big Mothers’…

Community Safety in Arakawa

Far from the skyscrapers and bright lights of Shinjuku, where we had our last interview on community security and safety development (anzen anshin machizukuri), Arakawa-ku is a defiantly shitamachi (‘low-town’ or working class) area to the north-east of Tokyo just north of Ueno and outside the Yamanote-sen JR railway loop line that has for much of the last 40 years defined the boundaries of the richer parts of the city.

Bordering the Ara river and split by the Sumida river, it was traditionally a marshy place liable to flooding. It was also a place with a large buraku (outcaste) population and Minowa (in the north of the ward) contains the mournful Jokan-ji (or Nagekomi – ‘thrown-away’) temple, where prostitutes who died in the Yoshiwara pleasure district were cremated. The place has been hit hard by disaster. It was levelled twice in the the Twentieth Century, first by 1923 Kanto daishinsai (Great Kanto Earthquake) and then again by the firebombing in the last years of WW2.

Nevertheless, its rough, industrious, hardworking spirit has continued, and these days, despite the march of secure manshon (high-rise housing) down the post-war avenues, it remains a place full of small industrial units, especially recycling businesses and clothing wholesalers and manufacturers in Nippori, small bars and family restaurants, and lots of ordinary housing, even some of the last remaining dojunkai (early concrete public housing) constructed after the earthquake. It’s also the starting point of the last remaining tramway (streetcar line) in Tokyo, the Toden Arakawa-sen. I like it a lot and it’s where my wife and I have lived in Tokyo in the past, and where we still stay when we return (there will be more pictures in a later post).

It was natural then to turn our attention to the place as a case-study area, mainly because it is so different from Shinjuku and the other areas that have gained so much attention from the Tokyo Metropolitan Government’s recent initiatives. We met with three officials from the Community Safety section of the local administration: the boss and two guys who had been seconded from the city police and the fire service respectively. The boss was full of enthusiasm for the direction that Arakawa-ku has taken, which although they don’t use the term ‘machizukuri‘ is far more about real community involvement than some places that do.

Arakawa has no comprehensive CCTV strategy, although the police do consult with the developers of large new buildings on its installation. That’s not to say that they don’t have a certain degree of ‘CCTV envy’ of those places with the latest high-tech gadgets that Arakawa can’t afford, but they are not dazed by the glamour of cameras and are realistic about both the limitations of CCTV and the appropriateness of such systems for their city. Instead they concentrate on using and enhancing the natural surveillance capacities of the local communities. They make a great deal of use of volunteers, retired police officers and ordinary local people, who do their own patrols, including the delightful wan-wan (‘woof-woof’) patrol which, judging from the posters, involves mainly older female residents and very small dogs! Participation in the various community initiatives is encouraged through the use of techniques like professional rakugo (traditional comic monologue) performances in schools and community centres. They also run community patrols in miniature versions of police patoka (patrol cars), which not only look more friendly but unlike the US-style police cars can get through much narrower streets.

However these diverse community projects are being stitched together in quite an innovative way, with the use of small anzen anshin sutashion (security and safety stations), which are a bit like community versions of the police koban, the miniature two-person police boxes which dot the city. Indeed the officials referred to them as minkan koban (‘people’s koban’). These small help stations, staffed mainly by ex-police don’t just provide ‘security’ information, they also deal with social security in the broader sense, offering help for older people with benefits, for example. In almost all cases, they have replaced koban that were closed by the police. So one could argue that this is essentially the local authority being forced to pick up the bill for services that used to be provided by the police and at the same time is actually losing real police service. However, the strategy overall is a valiant attempt to make ‘community safety’ less an issue of exclusionary security and more one of inclusivity and community development, more a natural and intimate part of everyday life that does not involve new forms of external control.

Of course, crime isn’t really a massive issue here anyway. Arakawa has consistently had the second or third lowest crime rates of all the 23 Tokyo wards. But even since the introduction of these initiatives, crime has fallen still further from the relative high point it reached a few years ago. And hardly a CCTV camera in sight…