Ministers' Deputies
CM Documents

CM(2000)118 16 August 2000
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720 Meeting, 13 September 2000
4 Human rights

4.7 World Conference against Racism and Related Intolerance
Report of the meeting of the open-ended drafting group

(Strasbourg, 11-12 July 2000)

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Introduction

This document contains a summary report of discussions at the meeting of the open-ended drafting group (11-12 July 2000), which continued examination of the draft General Conclusions of the European Conference against racism subsequent to the work begun on this matter at the third meeting of the technical working group (23-25 May 2000).

The report contains the following appendices:

Appendix I List of participants

Appendix II Agenda of the meeting (as adopted)

Appendix III Draft General Conclusions of the European Conference against racism

Item 1: Opening of the meeting

1. The meeting was opened by Ambassador Hans WINKLER (Austria), Chair of the technical working group, who requested any comments or corrections from participants on the report of the third meeting of the technical working group. There were no such comments.

2. With regard to developments at European level, the chair informed participants that the Committee of Ministers’ Deputies, at its 715^th meeting (21 and 26 June 2000), had expressed itself in favour of the participation of Australia, Belarus, Israel and New Zealand in the European Conference against racism.

3. The Chair also informed participants that, following consideration of the draft Political Declaration by the Human Rights’ Rapporteur Group in recent weeks, this text will be on the agenda of the Committee of Ministers’ Deputies for finalisation in mid-September 2000.

4. Concerning the opening plenary session of the European Conference against racism, the Chair informed participants that, at the invitation of the Secretary General of the Council of Europe, the author and artist Tomi Ungerer will read in the hemicycle one of his children’s stories immediately before the official opening. A number of children will also be present during the reading.

5. Participants were requested to encourage their authorities to notify the Secretariat of the European Conference against racism about the composition of their delegation, and the proposed participation of relevant national human rights institutions, as soon as possible. This will enable personalised invitation letters and registration forms to be sent to all concerned.

6. Mr Hamid GAHAM, Director, Support Services to the International Treaty Bodies, the Commission and Sub-Commission on Human Rights, Office of the United Nations’ High Commissioner for Human Rights, informed participants about preparations for the World Conference against racism, racial discrimination, xenophobia and related intolerance.

7. Following the recent regional seminar of experts for Central and Eastern European States (Warsaw, 5-7 July 2000), further expert regional seminars are planned: in Bangkok, for the Asian region (5-7 September 2000) on the theme Migrant workers and trafficking of persons, with particular reference to women and children; in Addis Ababa, for Africa (4-6 October 2000) on the theme of Preventing ethnic and racial conflict; and in Santiago, for the Latin American and Caribbean regional group (25-27 October 2000) on the theme of Economic, social and legal measures to combat racial discrimination, with particular reference to vulnerable groups.

8. Concerning other regional preparatory conferences, Mr Gaham provided the following information, although some dates are yet to be confirmed: for the African region in Senegal (20-24 November 2000); for Latin America and the Caribbean in Chile (4-7 December 2000); and for Asia in Iran (January 2001). The accreditation of non-governmental organisations (NGOs) to these regional preparatory conferences is still to be decided. Separate meetings for NGOs will also be held in these three regions, as well as in Central and Eastern Europe, to be organised by the Office of the High Commissioner in conjunction with local NGOs.

9. An informal meeting will be held in Geneva on 19-20 October 2000 to prepare for the meeting of the inter-sessional working group (January 2001), which will begin drafting the declaration and plan of action for the World Conference.

10. Finally, Mr Gaham appealed to those governments which have not yet made a voluntary contribution towards financing the World Conference to consider doing so.

11. The Chair informed participants that, with a view to facilitating the adoption of the draft General Conclusions by all participants at the European Conference, as provided for in the rules of conduct of the conference, he had agreed to the request of the NGO resource group to make the draft text available on the internet (http://www.ecri.coe.int). The text as agreed by the Open-Ended Drafting Group will similarly be posted on the website following the present meeting.

12. The Open-Ended Drafting Group preceded to examine the draft General Conclusions, which had been prepared on the basis of written contributions from participants in the technical working group, together with the amendments proposed to these. It completed its consideration of all the text, which appears in Appendix III. Phrases shown in square brackets indicate either elements to be adapted in accordance with the final version of the Political Declaration or text on which the Open-Ended Drafting Group was unable to reach general agreement. The representative of UNITED for Intercultural Action made known that NGOs will reserve their position with respect to the draft General Conclusions until the holding of the NGO Forum.

13. In concluding this item, the Chair informed the meeting that the draft General Conclusions will be included in the conference file all participants will receive when they register for the European Conference on 11 October 2000. He further reminded participants that, although the draft General Conclusions are contained in meeting reports which are forwarded to the Committee of Ministers’ Deputies, unlike the text of the Political Declaration, which the Deputies’ will finalise, the draft General Conclusions will only be finalised at the European Conference itself, following the working group discussions. In accordance with the rules of conduct of the conference, the drafting group responsible for finalising the draft General Conclusions will comprise: the Chair of the conference (Italy); the General Rapporteur; the Chair of the technical working group; and the chairs, vice-chairs and rapporteurs of the four working groups. The rules further provide that the Chair of the conference may convene a General Committee for the fine-tuning of the General Conclusions following their finalisation by the drafting group. The rules also specify that the General Conclusions will be presented to the concluding plenary session by the Chair of the conference for adoption by general agreement.

14. The Chair also drew to the attention of participants the provision for a final meeting of the technical working group on Wednesday 11 October 2000, commencing at 9.30 am. No separate financial provision for reimbursement of expenses for attendance at this meeting is foreseen, however, since the financial arrangements for the conference itself already provide for reimbursement. The meeting is foreseen only as a contingency provision, to enable any national delegation or participant in the technical working group to raise an issue of urgency in relation to the conference. Notification of this meeting will be sent in due course directly to participants at previous meetings of the technical working group.

15. The participant from Greece made the following statement: "Following the decision of the NGO resource group on 27 June 2000 on the participation of a Greek NGO at the European Conference, the Greek Government wishes to recall its respect for the independence of NGOs involved in the conference, but it insists on the principle of free choice for Greek civil society. At the same time, the government is ready to support any national initiative for a better preparation of the conference, such as the meeting held on 29 and 30 June in Athens organised by the Chair of ECRI. The report of this round table will shortly be distributed to members of the technical working group."

Ambassador Hans WINKLER, (Chair of the technical working group), Head of the Legal Department of the Ministry of Foreign Affairs

Mr Nikolaus MARSCHIK, Conseiller, Office of the Legal Adviser, Ministry of Foreign Affairs

Mme Florence BRILOT, Conseiller adjoint, Ministère de la justice, Direction générale de la législation fédérale et des Droits de l’Homme

M. Marien FAURE, Chef de département, Commissariat Général aux Relations internationales, Communauté Française de Belgique

Mme Tolia RADEVA, Adjointe au Représentant Permanent

Mr Branko SOCANEC, Head, Human Rights Department, Ministry of Foreign Affairs

Ambassador Tyge LEHMANN, Senior Legal Advisor, Ministry of Foreign Affairs

Mr Peter WILLEDSEN, Head of Division, Ministry of the Interior

Ms Helene URTH, Head of Section, Ministry of the Interior

Mr Johan L.M. SCHALIN, First Secretary, Ministry for Foreign Affairs

Ms Sofie FROM-EMMESBERGER, Deputy to the Permanent Representative

Mr Mika KANERVAVUORI, Researcher, Ministry of Foreign Affairs

M. Jean-Claude SCHLUMBERGER, Chargé de mission auprès du Directeur, Direction des Nations Unies et des Organisations Internationales, Ministère des Affaires Etrangères

M. Christophe LUPRICH, Direction des Affaires Juridiques, Sous-direction des Droits de l’Homme, Ministère des Affaires Etrangères

Mr Hermann NICOLAI, First Secretary, Auswärtiges Amt, Human Rights Department

Mr Ioannis KTISTAKIS, Juriste/Expert auprès du Ministère des Affaires Etrangères

Ambassador Claudio MORENO, Coordinator for Human Rights, Ministry of Foreign Affairs

Mme le Vice-Préfet Chiara MAROLLA, Ufficio Relazioni Internazionali, UCLARI, Ministero Interno, Viminale

M. Guido RAIMONDI, Magistrat de Cassation, Parquet Général, Cour de Cassation

M. Claudio CANETRI, Département des Affaires Sociales.

Mme Béatrice KIRSCH, Responsable Droits de l’Homme, Direction Droits de l’Homme, Ministère des Affaires Etrangères

Mr Jos TILMANS, Ministry of the Interior and Kingdom Relations, Head of the European and Legal Affairs Division, Minorities Integration Policy (Co-ordination) Department

Mr Jeroen DOOMERNIK, Ministry of the Interior and Kingdom Relations, Senior Policy Maker, European and Legal Affairs Division, Minorities Integration Policy (Co-ordination) Department

Mme Yvonne DEBETZ, Adjointe au Représentant Permanent

Mr Bakbro A. BAKKEN, Deputy Director General, Ministry of Local Government and Regional Development, Department of Indigenous, Minority and Immigrant Affairs

Ms Renata KOWALSKA, Legal Adviser, Ministry of Foreign Affairs

M. José Manuel Soares Beleza PAIS MOREIRA, Consulate General of Portugal in Strasbourg

M. Paulo MARRECAS FERREIRA, Jurist, Gabinete de Documentação e Direito Comparado

Mme Carmen DIAZ, Technicienne, Ministère du travail et des affaires sociales

Ms Ulrika FUNERED, First Secretary, Ministry for Foreign Affairs, International Law and Human Rights Department

Ms Anita MATEJOVSKY, Counsellor, Deputy Permanent Representative

Mme Janine VOIGT, Stagiaire Diplomatique, Division politique des droits de l’homme et politique humanitaire, Département fédéral des affaires étrangères

Mr Kaan ESENER, Deputy to the Permanent Representative

Mr Warwick MAYNARD, Head of European and International Policy, Race Equality Unit, Home Office

Apologised/Excusé

Mr Michael HEAD

M. Claude BRULANT, Administrateur Principal

Mr Adam TYSON, Principal Administrator

Mr John KELLOCK, Information and Communication Officer

Ms Karen Ginsberg, Canadian Heritage, Director General, Citizens' Participation & Multiculturalism

Mr Adrian Norfolk, Human Rights Officer/ Multilateral Affairs, Human Rights, Humanitarian Affairs, International Women's Equality Division, (AGH) Department of Foreign Affairs and International Trade

Père Bernard BOUGON s.j., Psychosociologue, Consultant

Apologised/Excusé

Mr Hamid GAHAM, Director, Support Services to the International Treaty Bodies, Office of the High Commissioner for Human Rights

Mr Nabil BENBEKHTI, Legal Assistant/Officer in Charge, Office D230, Council of Europe

Ms Saskia DARU

Ms Núria VIVES FERRER

Ms Isil Gachet, Executive Secretary of ECRI, Directorate General of Human Rights – DG II/ Secrétaire exécutive de l'ECRI, Direction Générale des Droits de l’Homme – DG II

Ms Isobelle JAQUES, Secretary of the European Conference, Secretariat of ECRI, Directorate General of Human Rights – DG II/ Secrétaire de la Conférence européenne, Secrétariat de l’ECRI, Direction Générale des Droits de l’Homme – DG II

Mr Mikaël POUTIERS, Administrator, Secretariat of ECRI, Directorate General of Human Rights – DG II/ Administrateur, Secrétariat de l’ECRI, Direction Générale des Droits de l’Homme – DG II

Mr Kenneth O’CONNOR, Assistant, Secretariat of ECRI, Directorate General of Human Rights – DG II/ Assistant, Secrétariat de l’ECRI, Direction Générale des Droits de l’Homme – DG II

1. Opening of the meeting and adoption of the agenda

2. Review of developments since the third meeting of the technical working group

3. Completion of the draft General Conclusions of the European Conference

4. Any other business

A. INTRODUCTION

The European Conference "All different, all equal: from principle to practice" is meeting between 11 and 13 October 2000 in Strasbourg, France, at the headquarters of the Council of Europe. It constitutes Europe’s regional contribution to the World Conference against racism, racial discrimination, xenophobia and related intolerance.

The European Conference brings together governments from across Europe, in particular the Council of Europe’s 41 member States. States with Observer status to the Council of Europe participate in the conference and governments belonging to the Western European and Other Group (WEOG) and Eastern European Group are represented. Council of Europe bodies, including the European Commission against Racism and Intolerance (ECRI), institutions of the European Union, inter alia its European Monitoring Centre on Racism and Xenophobia (EUMC), and the Organisation for Security and Co-operation in Europe (OSCE), are taking part. The United Nations, most importantly its High Commissioner for Human Rights, together with its human rights treaty monitoring bodies and mechanisms, is actively contributing, as well as UN specialised agencies and other relevant international organisations. National institutions dealing with racism, racial discrimination, xenophobia and related intolerance, especially independent national specialised bodies in this field, non-governmental organisations and media professionals are further contributing to the European Conference. A Forum for Non-Governmental Organisations immediately preceded the European Conference.

The European Conference is adopting General Conclusions, which are reproduced below. Furthermore, Ministers of Council of Europe member States are adopting a Political Declaration, with which other participating States at the conference may associate themselves. The Political Declaration is reproduced separately.

B. CONTEXT

The European Conference welcomes ethnic, religious, cultural and linguistic diversity in Europe as a source of social vitality which should be embraced, valued and enjoyed by all Europeans because it enriches and enhances our lives, our ideas, our creativity and our politics. It is also essential for Europe’s economic prosperity as well as social success, through drawing on all available talents.

The European Conference affirms that the strengthening of democratic values and respect for human rights requires constructing a society in which all people, regardless of their origin, enjoy the same rights and opportunities.

The European Conference believes that all States must acknowledge the suffering caused by slavery and colonialism. It further believes all States must reject ethnic and religious cleansing and genocide, in Europe and in other regions of the world, and work together to prevent their recurrence. The European Conference also believes that the Holocaust must never be forgotten.

The European Conference recognises the continued and widespread occurrence of racism, racial discrimination, xenophobia and related intolerance, notably against persons belonging to vulnerable groups, including [national, ethnic, religious or linguistic] minorities – including Roma/Gypsies and Travellers – indigenous people, migrants, refugees, asylum-seekers, displaced persons and non-nationals ¹ . It is also aware of the multiple discrimination suffered by some persons, including on grounds of race, ethnic or linguistic origin, gender, sexual orientation, age, disability or religion.

The European Conference furthermore recognises the persistence for vulnerable persons of the following problems in particular:

- the "everyday" discrimination that exists in employment, housing, education, services and so on;

- the lack or, more often, inadequacy of effective anti-discrimination provisions;

- the incitement to discrimination against immigrants, asylum-seekers and refugees, on the part of certain media outlets and politicians;

- [the discrimination faced by immigrants, asylum-seekers and refugees due to their lack of equal rights;]

- continuing manifestations of racial or ethnic violence and incitement to racial or ethnic hatred or intolerance;

- the proliferation and growth of extremist groups exacerbating these phenomena of hostility and violence;

- in some cases, the existence of certain forms of racism and prejudice in State institutions, direct and indirect;

- a "banalisation" of racism and intolerance: while the notion of racism as a theory based on the so-called superiority of a race or ethnic group over another is no longer so pronounced, theories of supposedly insurmountable cultural differences between groups can be observed;

- a rise in religious intolerance;

- violent acts against members of Jewish communities and dissemination of antisemitic material;

- persisting prejudice and discrimination against Roma/Gypsies;

- the use of new technologies of mass communication by racist individuals and groups.

In condemning these phenomena, the European Conference is aware that most of them are experienced not only in Europe but also in other regions.

To act to eradicate racism, racial discrimination, xenophobia and related intolerance, the European Conference proposes through its General Conclusions a series of measures, some of which may also be considered useful outside Europe. In exchanging its experiences with other regions in this respect, the European Conference emphasises the priority of action at national and local level, and by government in conjunction with civil society.

C. CONCLUSIONS AND RECOMMENDATIONS OF THE EUROPEAN CONFERENCE AGAINST RACISM

1. The European Conference reaffirms that acts of racism and racial discrimination are serious violations of human rights and should be combated by all lawful means.

2. The European Conference calls upon all States, and notably all member States of the Council of Europe, to consider, if they have not already done so, to sign and ratify [the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and all other] relevant universal and regional international instruments relating to the protection of human rights, and to ensure their full and effective application at national level. ²

3. The European Conference further calls upon all States to ensure that no reservation is contrary to the object and purpose of these instruments, to review existing reservations to these instruments with a view to withdrawing them, to comply with the relevant reporting obligations under these instruments and to publicise and act upon the concluding observations of the relevant supervisory mechanisms.

4. The European Conference recognises the need to provide effective protection from acts or situations involving racism, racial discrimination, xenophobia and related intolerance also in times of armed conflict. It stresses the importance of international humanitarian law, which contains many specific non-discrimination rules binding on parties to an armed conflict.

5. The European Conference welcomes the adoption by the Council of the European Union of a directive prohibiting discrimination on grounds of racial or ethnic origin. It believes that such legislative measures can make a valuable contribution to the fight against racism and xenophobia.

6. The European Conference also welcomes the adoption of Protocol No. 12 to the European Convention on Human Rights broadening, in a general fashion, the field of application of Article 14 (non-discrimination). It calls upon member States of the Council of Europe to consider signing and ratifying it without delay and to implement fully its provisions.

7. The European Conference underlines the importance of combating impunity, including for crimes with a racist or xenophobic motivation, also at international level. In this respect, it fully supports the work of the existing International Criminal Tribunals and the adoption of the Statute of the International Criminal Court. It calls upon all States which have not yet done so to sign and ratify the latter.

8. For purposes of effectively combating racism, racial discrimination, xenophobia and related intolerance in the civil, political, economic, social and cultural fields, the European Conference recommends to all participating States that the national legislative framework in criminal, civil and administrative law should expressly and specifically prohibit discrimination on grounds of actual or presumed racial, ethnic or national origin, religion and belief and provide effective judicial and other remedies or redress, including through the designation of national, independent, specialised bodies. Such legislation should embrace the concepts of direct and indirect discrimination. It should cover such areas as employment, education, housing, health care, social protection and social security, social benefits, access to the supply of goods and services and to public places as well as access to citizenship. This legislation should clearly cover the functions of public bodies and authorities such as law enforcement personnel, judges and prosecutors, other components in the criminal justice system, local authority enforcement powers, health and safety bodies, child protection, detention under mental health legislation and tax collection, as well as the private sector.

9. To reinforce protection against racism, racial discrimination, xenophobia and related intolerance, the European Conference calls upon participating States to ensure that all victims have access to effective and adequate remedies and enjoy the right to seek from competent tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.

10. In improving the effectiveness of criminal law in combating racism, racial discrimination, xenophobia and related intolerance, the European Conference draws attention to a number of measures participating States could consider. These may include:

· ensuring the criminal prosecution of offences of a racist or xenophobic nature is given a high priority and is actively and consistently undertaken. In this connection, the European Conference underlines the importance of fostering awareness and providing training to the various agents in the criminal justice system to ensure the fair and impartial application of the law;

· ensuring that racist and xenophobic acts are stringently punished, by allowing the racist or xenophobic motives of the offender to be specifically taken into account;

· in accordance with relevant international instruments, and in particular Articles 10 and 11 of the European Convention on Human Rights, ensuring that appropriate and efficient measures are taken to combat racist organisations, as well as to criminalize oral, written, audio-visual and other forms of expression, inciting to hatred, discrimination or violence against vulnerable groups or persons because of their actual or presumed racial, ethnic or national origin or religion;

· making the offence of Holocaust-denial punishable;

· empowering courts to impose, in addition to the main penalty, ancillary penalties such as fines or community service;

· prosecuting acts of a racist or xenophobic nature ex officio;

· allowing victims of racist and xenophobic acts to opt for mediation in criminal cases, particularly where the parties are individuals.

11. The European Conference underlines the importance of access to the law and to the courts for the victims of racism and racial discrimination. With this in mind, it draws attention to the need for judicial and other remedies such legislation should provide to be widely known, easily accessible, expeditious, and not unduly complicated. Among particular measures the European Conference proposes participating States should consider are:

- in certain circumstances, shifting the burden of proof to the defendant - when the plaintiff has established factual evidence of less favourable treatment caused by apparent discrimination;

- ensuring that adequate legal assistance, including legal aid, is available to victims of discrimination when seeking a legal remedy;

- ensuring the protection against victimisation of complainants of and witnesses to discrimination;

- affording the possibility for non-governmental organisations to support victims of racism, with their consent, in legal procedures;

- promoting sustained measures to ensure that all members of vulnerable groups are aware of the remedies available and how to make use of them;

- informing the broader public about legislation to combat racism, racial discrimination, xenophobia, antisemitism and religious discrimination, so that its effects in terms of access to the courts and compensation are supplemented by an educational impact on the general public;

- promoting sustained measures to ensure that persons belonging to vulnerable groups who have been victims of gender-related crimes, such as rape and other forms of sexual and domestic violence, forced prostitution and trafficking for the purpose of sexual exploitation, are granted adequate legal protection and support, empowered to take action and protected from racism, xenophobia and related intolerance of any form.

12. The European Conference draws attention to the importance of collecting and publishing accurate data, broken down by sex and age, on the number and nature of racist and xenophobic incidents or offences, the number of cases prosecuted or the reasons for not prosecuting, and the outcome of prosecutions. The European Conference recommends in this respect that anti-discrimination monitoring services may be established.

13. The European Conference encourages participating States to establish mechanisms for examining the conformity of draft legislation with principles of non-discrimination on the basis of race, ethnic or national origin, religion or belief, especially in relation to potentially discriminatory effects, including all forms of multiple discrimination, on persons belonging to groups vulnerable to racism or xenophobia. Concerning existing legislation, the European Conference calls upon participating States to keep their legislative framework under regular review so as to promote equality and guard against any unintended or inadvertent discriminatory impact which may arise. Such legislative appraisal will also help to "mainstream" equality issues.

14. Equal treatment by itself may not be enough if it does not overcome the weight of accumulated disadvantage suffered by victims of discrimination. The European Conference therefore calls upon participating States to consider introducing legislative and administrative measures which are necessary to prevent and correct situations of inequality. This would mean a positive duty on public authorities to promote equality and to assess the impact of policy, as well as to prevent and punish violations by any person, organisation or enterprise.

15. The European Conference recalls that human rights and fundamental freedoms apply to all persons on the territories of all States, irrespective of their nationality or legal status. It advocates that participating States aim to ensure that non-nationals to whom residency has been granted – taking account of length of residence – can enjoy the rights necessary for full integration into the host society. It further notes that integration policies should not be subordinate to other policies such as immigration controls. When awarding nationality, participating States must take care never to discriminate on grounds of racial, ethnic or cultural origin.

16. The European Conference believes it is essential for participating States to recognise that combating racism in all its forms, and the discrimination that ensues, is a primary responsibility of government. It therefore encourages participating States to elaborate comprehensive national policies to promote diversity, equality of opportunity and participation of persons belonging to vulnerable groups. In elaborating such policies, the European Conference further encourages participating States to establish, or reinforce, dialogue with non-governmental organisations, social partners and researchers and to involve them more closely in designing and implementing policies and programmes.

17. The European Conference calls upon participating States to create the conditions necessary for the effective participation of persons belonging to vulnerable groups in decision-making processes. Suitable measures include the creation of joint bodies for consultation between parliaments and local communities of foreign origin, the setting up of integration programmes which encourage the establishment of partnerships between local authorities, associations working in this field and the communities concerned and the design of methods, measures and forms of activity which enable these communities to participate in community life.

18. The European Conference calls upon participating States to create the conditions necessary for the effective participation of persons belonging to national minorities in decision-making processes at governmental, national and local levels, in accordance with international standards, including the Framework Convention for the Protection of National Minorities. Attention is drawn in this respect to the usefulness, in certain contexts, of creating joint bodies for consultation between national authorities and local communities of national minorities, so that the latter can submit their opinions and proposals on matters concerning them.

19. The European Conference draws attention to the rise in discrimination, intolerance and acts of violence directed against migrants, persons of migrant origin and resident foreign workers. It calls upon participating States to reinforce and implement preventive measures to combat these phenomena and to promote the participation of these groups in the decision-making processes in society.

20. The European Conference underlines the essential contribution of independent specialised bodies at national, regional or local levels in promoting equal treatment irrespective of racial or ethnic origin or religious background. The European Conference points to the range of functions independent specialised bodies may undertake at national, regional and local levels which further government policies in combating racism: offering opinions and advice to government bodies, monitoring the situation in the country, contributing to training programmes for certain target groups, making the general public more aware of discrimination issues and aiding and assisting victims, including through the provision of legal assistance to enable them to enforce their rights in the courts and other institutions. In some cases, the bodies concerned may hear complaints and applications relating to individual cases and seek a settlement, either by mutual agreement or, within the limits prescribed in law, by legally-binding decisions. It calls upon participating States, as appropriate, to establish such independent specialised bodies, or, in countries where these exist, review and reinforce their effectiveness. It draws attention to General Policy Recommendation No. 2 of the European Commission against Racism and Intolerance (ECRI) which sets out the principles for the establishment and functioning of such bodies (see Appendix II to the General Conclusions).

21. The European Conference underlines the key role that politicians and political parties can play in combating racism, xenophobia, antisemitism and related intolerance, by shaping and leading public opinion. In this respect, it calls upon politicians to provide a clear political message welcoming diversity in European societies and condemning political discourse which incites or attempts to incite racial and ethnic hatred or prejudice. It encourages political parties in Europe to take concrete steps to promote solidarity and tolerance and to explain issues to the general public in such a way as to increase understanding and acceptance of difference. Such steps may include:

· to sign the Charter of European political parties for a non-racist society and follow its principles concerning responsible behaviour on issues of racism, both with regard to the parties’ own organisation and to their activities in the political field (see Appendix III);

· to include anti-racist policies in election programmes and to condemn racist exploitation of issues such as immigration and asylum for electoral purposes, ensuring that any candidate for elected office is committed to anti-racist policies;

· to refuse any support, explicit or implicit, to  parties that advocate racist and xenophobic positions.

 

Criminal justice system

22. The European Conference calls upon participating States to take practical measures to make law enforcement officials more sensitive to the plight of victims of racism in order to counter any perceived unfairness in the application of the law and discrimination in the treatment of persons belonging to vulnerable groups in the criminal justice system. Such measures may include:

· training courses to promote cultural sensitivity and awareness of prejudice, as well as knowledge of legal aspects of discrimination;

· formal and informal dialogue between the police and vulnerable groups, for example through confidence-building measures, thereby promoting openness, accountability and mutual trust;

· facilitating access on an equal footing of persons belonging to vulnerable groups to the police and their auxiliary staff, as well as other professions involved in the criminal justice system, subject to regular review so as to evaluate the levels of recruitment, promotion and retention of staff belonging to vulnerable groups;

· anti-discriminatory codes of conduct among police forces and other professional groups involved in the administration of justice.

 

23. The European Conference notes that good community relations are generally enhanced by social development and the full realisation of economic, social and cultural rights on the basis of non-discrimination. It calls upon participating States to promote policies in employment and the social sphere which seek to improve the prospects of vulnerable groups facing, for example, the greatest obstacles in finding, keeping or regaining work, including skilled employment. Particular attention should be paid to persons subject to multiple discrimination. The European Conference draws to the attention of participating States the following considerations:

· policies should be presented so as to enable employers and employees to recognise the benefits of equal opportunity and of diversity;

· the importance of involving the social partners and other non-governmental actors in the design and implementation of training and development programmes;

· public authorities should set an example by making sure they actively seek to recruit and retain persons belonging to vulnerable groups, which may require reviewing nationality requirements in some instances;

· public officials and all those involved in promoting access to employment should be trained, including by raising their awareness of the barriers to equal opportunity and intercultural sensitivity;

· persons belonging to vulnerable groups should have access to training, including vocational training, which improves their employability;

· governments can stimulate the development of mission statements, codes of conduct and policies on equal treatment at the workplace aimed at anti-discriminatory practices among employers, service providers and others;

· special attention should be given to protecting foreign domestic workers from discrimination and violence, as well as combating prejudice against them;

· in the field of housing, public and private authorities should promote the successful cohabitation of different social groups at the planning stage of urban development schemes as well as renovate neglected areas of public housing so as to counter social exclusion;

· public authorities should guarantee equal access to health and counselling services without discrimination.

 

24. The European Conference strongly recommends monitoring all policies and programmes aimed at combating racial discrimination in order to assess their effectiveness in assisting vulnerable groups. All data should be broken down by sex and age, and information collected should include issues of multiple discrimination. Such statistical data may be complemented by public opinion surveys and also targeted surveys to ascertain the experience and perception of discrimination and racism from the point of view of potential victims.

25. The European Conference calls upon participating States to promote the positive aspects of immigration among the general public, including by stressing the value of diversity and the contribution made by migrants to society. It underlines that promoting the social inclusion of migrants is a key instrument in combating racism, xenophobia and related intolerance. The European Conference notes that undue stress on restrictive admission/immigration policies may produce negative stereotyping and thus adversely affect persons belonging to vulnerable groups and the integration of non-nationals. It furthermore recognises the effect arbitrary detention of asylum-seekers and undocumented persons has on the growth of a climate of xenophobia.

26. The European Conference underlines that family reunification has a positive effect on integration and calls upon participating States to facilitate family reunion, with due regard to the need for an independent status on the part of family members.

27. The European Conference underlines the importance of promoting understanding, tolerance and respect in matters relating to religion and belief. It recognises that religion and belief may be related to racial and ethnic origin and it may thus be difficult to provide comprehensive protection against discrimination on grounds of racial and ethnic origin without also prohibiting discrimination on grounds of religion and belief. In this respect, the European Conference draws attention to ECRI’s General Policy Recommendation No. 5 on combating intolerance and discrimination against Muslims (see Appendix IV).

28. The European Conference, convinced that combating antisemitism is integral and intrinsic to opposing all forms of racism, stresses the necessity of effective measures to address the issue of antisemitism in Europe today in order to counter all manifestations of this phenomenon.

29. The European Conference underlines the importance of integrating a gender perspective in all actions and policies against racism, xenophobia and related intolerance, of empowering women belonging to vulnerable groups to demand respect for their rights in all spheres of public and private life and play an active role in the design and implementation of policies and measures which affect their lives.

30. The European Conference calls upon all participating States to commit themselves to ensuring access without discrimination to education, based on respect for human rights, diversity and tolerance. The right to education applies to all children in the territory, irrespective of their legal status.

31. The European Conference calls upon participating States to introduce, or encourage the introduction of, or reinforce, human rights education, including promoting anti-racism, in the school curriculum and in institutions of higher education. It emphasises that this should be done both in daily activities and in the general functioning of the educational establishment and in the teaching of specific subjects. To this end, teacher-training programmes should incorporate human rights education.

32. The European Conference calls upon participating States to aim at education reflecting a multicultural society, with curricula open to other cultures and school materials based on the diversity of cultures (intercultural education). Education should also enable students to understand the historical, social and economic processes which have led to prejudice towards vulnerable groups Educational curricula and materials should also have a broad global perspective which validates worldwide contributions to knowledge and civilisation. In this respect, participating States are requested to review their curricula and text books across all subjects, to ensure that these do not perpetuate stereotypes or prejudices, convey hate and cause racist, ethnic or antisemitic animosity, with particular attention to the teaching of history without bias.

33. The European Conference calls upon participating States to ensure that educational institutions implement an agreed policy on equal opportunities and anti-racism, which is regularly reviewed with those working in the school, parents and pupils or students. Such policy should also aim to tackle the interaction between racist and sexist prejudice and stereotypes, including by promoting the active involvement of girls from vulnerable groups in all equal opportunities’ activities. Pupils should be given information about how to deal with racist incidents in schools. Innovative measures, such as pupils acting as peer mediators to address issues of racial violence, should be examined.

34. The European Conference notes that young people from vulnerable groups are often underrepresented in institutions of higher education and calls for research to be undertaken into barriers to access in this respect.

35. The European Conference recognises that children from different cultural backgrounds may have little knowledge of each other’s traditions and family life, which may lead to stereotyping and misinformation. Participating States are urged to promote an increase of knowledge of cultural diversity, for example by facilitating exchange programmes for children in families of different cultural background, in order to overcome ignorance of the lifestyles of others.

36. The European Conference encourages participating States to consider taking measures, as appropriate, to increase the recruitment, retention and promotion of women and men belonging to vulnerable groups, and guarantee effective equality of access, to the teaching profession.

37. The European Conference calls upon participating States to ascribe importance and give priority to human rights education and the promotion of a human rights culture throughout society. It notes that legislation and policies against racism and intolerance will not be fully effective unless they are complemented by activities which seek to bring about new behaviour and attitudes and increase mutual understanding.

38. The European Conference calls upon participating States to introduce, or reinforce, special training programmes to encourage awareness of issues linked to racism and related discrimination, including sexist prejudices, stereotyping and multiple discrimination, among the key professionals most frequently in contact with vulnerable groups. In this respect, the European Conference draws the attention of participating States to the usefulness of codes of conduct or professional ethics.

39. The European Conference calls upon participating States to commit themselves to undertaking public information campaigns or other more long-term initiatives, to alert their societies to the dangers of racism, racial discrimination, xenophobia, antisemitism and related intolerance, and support initiatives of non-governmental organisations in this respect. Such campaigns or initiatives need to be addressed to the whole of society, in particular young people. It also calls upon participating States, in accordance with the proclamation of the year 2001 as the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance as mandated by the United Nations General Assembly, to commence immediately with public information initiatives to promote anti-racist awareness and action.

  40. The European Conference calls upon participating States to facilitate, including in conjunction with local authorities and the relevant professionals, group activities, for example in the cultural, sporting and socio-educational fields, aimed at educating young people in human rights and democratic citizenship and instilling in them values of tolerance and appreciation of diversity.

41. The European Conference calls upon participating States to put experiences of the past, such as slavery, the slave trade and colonialism, into historical perspective allowing for a comprehensive reflection on these events in relation to the roots of racism, racial discrimination and xenophobia in contemporary society, and to ensure a widespread dissemination of this knowledge among young people.

42. The European Conference calls upon all participating States to promote appropriate forms of Holocaust remembrance, including considering the proclamation of an annual Day of Holocaust Remembrance. It also calls for further study of the Holocaust in all its dimensions and the promotion of education about the Holocaust both in and out of schools.

43. Considering the contemporary phenomena of ethnic cleansing and racial segregation, which result in serious international humanitarian crises, the European Conference calls upon participating States to raise awareness of the said phenomena as recent manifestations of racism, racial discrimination and xenophobia.

44. To provide a sustained and coordinated approach to raising awareness, in schools, among professional groups and the general public, the European Conference notes that creating a source of training expertise in combating racism, racial discrimination, xenophobia, antisemitism and related intolerance - possibly locating such a source within an existing specialised body - could provide an effective anti-discrimination mechanism.

45. The European Conference welcomes the catalytic role that non-governmental organisations have played in promoting human rights education and raising awareness about racism. It recognises the precarious situation of human rights and anti-racist NGOs in many countries and urges States to lift unnecessary barriers to the functioning of civil society. It calls upon participating States to strengthen co-operation with non-governmental organisations, harnessing their experience and expertise in developing governmental legislation, policies and other initiatives. It also calls upon participating States to provide financial support to human rights education and awareness activities of non-governmental organisations, without compromising their independence.

46. Information is crucial to the exercise of rights. In this respect, the European Conference encourages participating States to consider setting up a service providing free access to public sources of information on the rights of persons who consider themselves victims of racism, racial discrimination, xenophobia, antisemitism and related intolerance.

47. Research, analysis and dissemination of information are also essential to the elaboration of policy and decision-making. The European Conference encourages participating States to collect, record and analyse data concerning racism and related intolerance from a broad range of sources, while endeavouring to establish common indicators and criteria at European level to enable data comparison. Since access to data and transparency in its collection also encourage confidence about the data itself, the European Conference requests participating States to publish and disseminate widely the findings of research into racism and related phenomena. The European Conference furthermore notes that such research can also be conducted in co-operation with European and international institutions and non-governmental organisations. It encourages participating States to take fully into account the recommendations of appropriate monitoring mechanisms at national, European and international levels, including the country-specific approach of the European Commission against Racism and Intolerance (ECRI).

48. The European Conference recognises that networks of information are an important tool in the fight against racism and xenophobia. It therefore encourages participating States to organise, or support, initiatives for regular exchanges of information at local, regional, national and European level as well as to facilitate the role of non-governmental organisations in this respect. It notes that women and men belonging to vulnerable groups have taken a leading role in networking activities of non-governmental organisations, thus contributing to the empowerment of their groups.

49. The European Conference recognises that media should represent the diversity of multicultural society.

It considers that media enterprises could reflect on ³ :

· The importance of the presence of journalists from vulnerable groups in mainstream media, especially television;

· An inclusive coverage of society, using diverse sources of information;

· reporting factually and accurately on acts of racism and intolerance;

· avoiding derogatory stereotypical depiction based on individuals’ origins in publications and programme services;

· treating individual behaviour without linking it to a person’s origin where this is irrelevant;

· depicting society in its cultural, ethnic and religious diversity in a balanced and objective manner and in a way which also reflects the perspectives and outlook of vulnerable groups;

· presenting a view of cultural diversity and immigration as a structural and positive component of European societies;

· alerting public opinion to the dangers of intolerance as well as deepening public understanding and appreciation of all forms of diversity;

· challenging the assumptions underlying intolerant remarks made by speakers in the course of interviews, reports, discussion programmes, etc.

· developing a multicultural approach to output specifically geared to children and young people so as to enable them to grow up with the understanding that society is enriched by differences.

 

Codes of conduct and self-regulation

50. Because of the extent of the influence media can exercise and its positive role in raising awareness of issues, and taking into the account freedom of expression and the need for media independence, the European Conference encourages media professionals to consider developing self-regulatory codes of conduct with regard to combating racism in the media.

51. The European Conference draws attention to the importance of the initial and in-house training of journalists and media professionals in relation to promoting a culture of tolerance. Participating States should encourage schools of journalism and media training institutes to highlight this in their core curricula

52. The European Conference draws attention to the power of advertising. In this context, it underlines the usefulness of establishing a code of conduct in the advertising sector which prohibits discrimination on such grounds as race, national or ethnic origin and religion. It furthermore considers that advertisers should also refuse to carry advertising messages which portray cultural, religious or ethnic difference in a negative manner, including by reinforcing sexist or other stereotypes and prejudices.

53. The European Conference welcomes the positive contribution the internet can bring in combating racism through its rapid and wide-reaching communication. It calls upon participating States to examine ways in which the internet can be used systematically, for example through the creation of a specific site, to provide information about good practices for combating racism, racial discrimination, xenophobia, antisemitism and related intolerance. It also draws attention to the potential use of the internet to create educational and awareness-raising networks against racism and intolerance, both in and out of school.

54. While recognising the specific characteristics of the internet, and the obstacles these entail for combating the dissemination of racism on the internet, the European Conference urges participating States to apply to the extent possible existing legislation for prosecuting those responsible for incitement to racial hatred on the internet and their accomplices. It further recommends the training of law enforcement authorities in addressing the problem of dissemination of racist material through the internet.

55. The European Conference draws the attention of participating States to the need to coordinate a prompt international response to the rapidly evolving phenomenon of the dissemination of hate speech and racist material on the Internet. In this respect, it calls for international judicial co-operation to be strengthened and rapid intervention mechanisms to be agreed. More specifically, the European Conference draws to the attention of participating States, with a view to their individual and joint action:

· the need to distinguish between the function of access provider and host provider and their respective responsibilities;

· the importance of including the issue of combating racism, xenophobia, antisemitism and intolerance in all current and future work at international level aimed at the suppression of illegal content on the Internet;

· the need for dialogue with all providers, in order to discuss voluntary measures to counter racist sites: such measures could include blocking sites, a filtering system or refusing anonymity to the authors of sites;

· the need to develop codes of conduct and self-regulatory measures among access and host providers.

56. The European Conference furthermore draws the attention of participating States to the need for more active awareness-raising among decision-makers concerning the problem of the dissemination of racist messages through the Internet.

D. CO-OPERATION AT EUROPEAN AND INTERNATIONAL LEVELS

57. To complement action at national and local levels, the European Conference calls upon participating States, as appropriate, to promote:

· effective legal and judicial co-operation at regional and international levels in combating racism, antisemitism and xenophobia to prevent the perpetrators of racist or xenophobic acts from benefiting from the fact that offences are treated differently in various States.

· exchange at European and international levels among national independent specialised bodies and other relevant independent bodies with a remit to monitor racism and racial discrimination;

· exchange at European and international levels among educational authorities and others involved in developing curricula incorporating anti-racist and intercultural education.

Furthermore, the European Conference calls upon participating States, as appropriate, to:

· invite the Council of Europe Commissioner for Human Rights to continue to support States in their fight against racism, racial discrimination, xenophobia, anti-Semitism and intolerance;

· consider how best to reinforce the action of the European Commission against Racism and Intolerance;

· support activities of the European Monitoring Centre on Racism and Xenophobia to build networks for monitoring and information-sharing, including an inventory of foundations, organisations and networks fighting racism in Europe;

· support the action of the OSCE to combat racism and intolerance, including its High Commissioner on national minorities, its Office for Democratic Institutions and Human Rights and its Representative on Freedom of the Media, as well as through its relevant field missions.

58. The European Conference calls upon participating States, non-governmental organisations and other concerned actors in civil society to implement and support United Nations’ programmes aimed at combating racism, racial discrimination, xenophobia and related intolerance and to participate actively and constructively in the third World Conference against racism.

(a) at universal level:

· the Convention on the Prevention and Punishment of the Crime of Genocide (New York, 9 December 1948)

· the Universal Declaration of Human Rights (New York, 10 December 1948)

· Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva, 12 August 1949)

· Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea (Geneva, 12 August 1949)

· Convention (III) relative to the Treatment of Prisoners of War (Geneva, 12 August 1949)

· Convention (IV) relative to the Protection of Civilian Persons in Time of War (Geneva, 12 August 1949)

· the Convention relating to the Status of Refugees (28 July 1951) and its Additional Protocol (16 December 1966)

· Convention (no. 111) concerning Discrimination in Respect of Employment and Occupation (Geneva, 25 June 1958)

· the Convention against Discrimination in Education (Paris, 14 December 1960)

· the International Convention on the Elimination of All Forms of Racial Discrimination (New York, 21 December 1965), including the Declaration under its Article 14 recognising the competence of the Committee on Racial Discrimination to consider communications from individuals or groups

· the International Covenant on Civil and Political Rights (New York, 16 December 1966), its Optional Protocol allowing for the consideration of communications from individuals (New York, 16 December 1966) and its second Optional Protocol aiming at the abolition of the death penalty (New York, 15 December 1989)

· the International Covenant on Economic, Social and Cultural Rights (16 December 1966)

· Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (Geneva, 8 June 1977)

· Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (Geneva, 8 June 1977)

· the Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979) and its optional protocol recognising the competence of the Committee on the Elimination of Discrimination against Women to receive and consider communications from individuals and groups (New York, 6 October 1999)

· the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 10 December 1984)

· Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries (Geneva, 27 June 1989)

· the Convention on the Rights of the Child (New York, 20 November 1989) and its optional protocols on the involvement of children in armed conflicts and on the sale of children (New York, 25 May 2000), child prostitution and child pornography (New York, 25 May 2000)

· the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (New York, 18 December 1990)

· the Statute of the International Criminal Court (Rome, 17 July 1998)

(b) at European level:

· the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), including its Protocols

· the European Convention on Establishment (Paris, 13 December 1955)

· the European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe (Paris, 13 December 1957)

· the European Social Charter (Turin, 18 October 1961) and its Additional Protocols

· the European Convention on the Legal Status of Migrant Workers (Strasbourg, 24 November 1977)

· the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Strasbourg, 26 November 1987)

· the Convention on the Participation of Foreigners in Public Life at Local Level (Strasbourg, 5 February 1992)

· the European Charter for Regional or Minority Languages (Strasbourg, 5 November 1992)

· the Framework Convention for the Protection of National Minorities (Strasbourg, 1 February 1995)

· the European Social Charter (Revised) (Strasbourg, 3 May 1996)

· the European Convention on Nationality (Strasbourg, 6 November 1997)

 

 

The European Commission against Racism and Intolerance (ECRI):

Recalling the Declaration adopted by the Heads of State and Government of the member States of the Council of Europe at their Summit held in Vienna on 8-9 October 1993;

Recalling that the Plan of Action on combating racism, xenophobia, antisemitism and intolerance set out as part of this Declaration invited the Committee of Ministers to establish the European Commission against Racism and Intolerance with a mandate, inter alia, to formulate general policy recommendations to member States;

Taking into account Resolution 48/134 adopted by the General Assembly of the United Nations on 20 December 1993 on National Institutions for the Promotion and Protection of Human Rights;

Taking into account also the fundamental principles laid down at the first International Meeting of the National Institutions for the Promotion and Protection of Human Rights held in Paris from 7-9 October 1991 (known as the "Paris Principles");

Recalling the different Resolutions adopted at the first and second European meetings of National Institutions for the Promotion and Protection of Human Rights, held respectively in Strasbourg on 7-9 November 1994 and in Copenhagen on 20-22 January 1997;

Taking into account Recommendation N° R (85) 13 of the Committee of Ministers on the institution of the Ombudsman;

Taking also into account work carried out by the Steering Committee for Human Rights (CDDH) relating to the establishment of Independent National Human Rights Institutions;

Emphasising that combating racism, xenophobia, antisemitism and intolerance forms an integral part of the protection and promotion of fundamental human rights;

Recalling the proposal of ECRI to reinforce the non-discrimination clause (Article 14) of the European Convention on Human Rights;

Profoundly convinced that everyone must be protected against discrimination based on race, colour, language, religion or national or ethnic origin or against discrimination which might stem indirectly from the application of the law in these areas;

Convinced of the necessity of according the highest priority to measures aiming at the full implementation of legislation and policies intended to combat racism, xenophobia, antisemitism and intolerance;

Recalling that an effective strategy against racism, xenophobia, antisemitism and intolerance resides to a large extent on awareness-raising, information and education of the public as well as on the protection and promotion of the rights of individuals belonging to minority groups;

Convinced that specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level can make a concrete contribution in a variety of ways to strengthening the effectiveness of the range of measures taken in this field and to providing advice and information to national authorities;

Welcoming the fact that such specialised bodies have already been set up and are functioning in several member States;

Recognising that the form such bodies might take may vary according to the circumstances of member States and may form part of a body with wider objectives in the field of human rights generally;

Recognising also the need for governments themselves to provide information and to be accessible to specialised bodies and to consult them on matters relevant to their functions;

recommends to the governments of member States:

1. to consider carefully the possibility of setting up a specialised body to combat racism, xenophobia, antisemitism and intolerance at national level, if such a body does not already exist;

2. in examining this question, to make use of the basic principles set out as an appendix to this recommendation as guidelines and a source of inspiration presenting a number of options for discussion at national level.

 

1. Specialised bodies should be given terms of reference which are clearly set out in a constitutional or other legislative text.

2. The terms of reference of specialised bodies should determine their composition, areas of competence, statutory powers, accountability and funding.

 

* * *

1. According to the legal and administrative traditions of the countries in which they are set up, specialised bodies may take different forms.

2. The role and functions set out in the above principles should be fulfilled by bodies which may take the form of, for example, national commissions for racial equality, ombudsmen against ethnic discrimination, Centres/Offices for combating racism and promoting equal opportunities, or other forms, including bodies with wider objectives in the field of human rights generally.

 

* * *

Subject to national circumstances, law and practice, specialised bodies should possess as many as possible of the following functions and responsibilities:

a. to work towards the elimination of the various forms of discrimination set out in the preamble and to promote equality of opportunity and good relations between persons belonging to all the different groups in society;

b. to monitor the content and effect of legislation and executive acts with respect to their relevance to the aim of combating racism, xenophobia, antisemitism and intolerance and to make proposals, if necessary, for possible modifications to such legislation;

c. to advise the legislative and executive authorities with a view to improving regulations and practice in the relevant fields;

d. to provide aid and assistance to victims, including legal aid, in order to secure their rights before institutions and the courts;

e. subject to the legal framework of the country concerned, to have recourse to the courts or other judicial authorities as appropriate if and when necessary;

f. to hear and consider complaints and petitions concerning specific cases and to seek settlements either through amicable conciliation or, within the limits prescribed by the law, through binding and enforceable decisions;

g. to have appropriate powers to obtain evidence and information in pursuance of its functions under f. above;

h. to provide information and advice to relevant bodies and institutions, including State bodies and institutions;

i. to issue advice on standards of anti-discriminatory practice in specific areas which might either have the force of law or be voluntary in their application;

j. to promote and contribute to the training of certain key groups without prejudice to the primary training role of the professional organisations involved;

k. to promote the awareness of the general public to issues of discrimination and to produce and publish pertinent information and documents;

l. to support and encourage organisations with similar objectives to those of the specialised body;

to take account of and reflect as appropriate the concerns of such organisations;

* * *

The composition of specialised bodies taking the form of commissions and the like should reflect society at large and its diversity.

1. Specialised bodies should be provided with sufficient funds to carry out their functions and responsibilities effectively, and the funding should be subject annually to the approval of parliament.

2. Specialised bodies should function without interference from the State and with all the guarantees necessary for their independence including the freedom to appoint their own staff, to manage their resources as they think fit and to express their views publicly.

3. Specialised bodies should independently provide reports of their actions on the basis of clear and where possible measurable objectives for debate in parliament.

4. The terms of reference of specialised bodies should set out clearly the provisions for the appointment of their members and should contain appropriate safeguards against arbitrary dismissal or the arbitrary non-renewal of an appointment where renewal would be the norm.

 

1. Specialised bodies should be easily accessible to those whose rights they are intended to protect.

2. Specialised bodies should consider, where appropriate, setting up local offices in order to increase their accessibility and to improve the effectiveness of their education and training functions.

* * *

1. Specialised bodies should operate in such a way as to maximise the quality of their research and advice and thereby their credibility both with national authorities and the communities whose rights they seek to preserve and enhance.

2. In setting up specialised bodies, member States should ensure that they have appropriate access to governments, are provided by governments with sufficient information to enable them to carry out their functions and are fully consulted on matters which concern them.

3. Specialised bodies should ensure that they operate in a way which is clearly politically independent.

 

WE, THE DEMOCRATIC POLITICAL PARTIES OF EUROPE,

Having regard to the international human rights instruments signed and ratified by our European Union Member States, in particular to the United Nations Convention on the Elimination of All Forms of Racial Discrimination,

Having regard to article 1 of this Convention, which defines racial discrimination as "... any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing of human rights and fundamental freedoms in the political, economic, social, cultural of any other field of public life ...",

Having regard to the preamble to the Single European Act in which the Member States of the European Community declare to work together to promote democracy on the basis of the fundamental rights recognised in the constitutions and laws of the Member States, in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter,

Having regard to the Treaty of Amsterdam which enables the European Community to "... take appropriate action to combat discrimination based on ... racial or ethnic origin, religion or belief..." and facilitates police and judicial cooperation in the framework of the European Union in preventing and combating racism and xenophobia,

Recognising that the fundamental rights as enshrined in the international human rights instruments signed and ratified by the EU member states include the right to free and uninhibited political speech and debate,

Mindful that according to these same international human rights instruments one's political freedoms are not absolute in view of the equally fundamental right to be protected against racial discrimination and that therefore political freedoms cannot be allowed to be abused to exploit, cause or initiate prejudice on the grounds of race, colour, ethnic origin or nationality or for the purpose of seeking to gain the sympathy of the electorate for prejudice on such grounds,

Being aware of the special tasks and responsibilities of political parties as actors in a democratic political process, defending, articulating and bearing witness to the basic principles of a democratic society; providing a platform for discussion on issues where there may be differences of opinion, integrating different views into the process of political decision making, thereby enabling society to solve conflicts of interest and of opinion between various social groups through dialogue rather than through opting out and conflict; selecting representatives at various levels for active participation in the political process,

Convinced that free use of one's political rights can and must go hand in hand with firmly upholding the principle of non-discrimination and is inherent in the democratic process itself,

Being convinced furthermore that representation of ethnic minority groups in the political process is properly an integral part of the democratic process, since political parties are or should strive to be a reflection of society,

· To defend basic human rights and democratic principles and to reject all forms of racist violence, incitement to racial hatred and harassment and any form of racial discrimination.

· To refuse to display, to publish or to have published, to distribute or to endorse in any way views and positions which stir up or invite, or may reasonable be expected to stir up or to invite prejudices, hostility or division between people of different ethnic or national origins or religious beliefs, and to deal firmly with any racist sentiments and behaviour within its own ranks.

· To deal responsibly and fairly with sensitive topics relating to such groups and to avoid their stigmatization.

· To refrain from any form of political alliance or cooperation at all levels with any political party which incites or attempts to stir up racial or ethnic prejudices and racial hatred.

· To strive for the fair representation of the above mentioned groups at all levels of the parties with a special responsibility for the party leadership to stimulate and support the recruitment of candidates from these groups for political functions as well as membership.

And further pledge to take appropriate action to ensure that all persons who work for or associate themselves in any way with any of our election campaigns or other activities will be aware of and at all times act in accordance with the above principles.

Utrecht, 28 February 1998

The European Commission against Racism and Intolerance:

Recalling the Declaration adopted by the Heads of State and Government of the member States of the Council of Europe at their first Summit held in Vienna on 8-9 October 1993;

Recalling that the Plan of Action on combating racism, xenophobia, antisemitism and intolerance set out as part of this Declaration invited the Committee of Ministers to establish the European Commission against Racism and Intolerance with a mandate, inter alia, to formulate general policy recommendations to member States;

Recalling also the Final Declaration and Action Plan adopted by the Heads of State and Government of the member States of the Council of Europe at their second Summit held in Strasbourg on 10-11 October 1997;

Stressing that this Final Declaration confirms that the goal of the member States of the Council of Europe is to build a freer, more tolerant and just European society and that it calls for the intensification of the fight against racism, xenophobia, antisemitism and intolerance;

Recalling that Article 9 of the European Convention on Human Rights protects the right to freedom of thought, conscience and religion;

Recalling also the principle of non-discrimination embodied in Article 14 of the European Convention on Human Rights;

Bearing in mind the proposals contained in Recommendation N° 1162 on the contribution of the Islamic civilisation to European culture adopted by the Parliamentary Assembly on 19 September 1991;

Taking note of the conclusions of the Seminar on religion and the integration of immigrants organised by the European Committee on Migration in Strasbourg on 24-26 November 1998;

Stressing that institutional arrangements governing relations between the State and religion vary greatly between member States of the Council of Europe;

Convinced that the peaceful co-existence of religions in a pluralistic society is founded upon respect for equality and for non-discrimination between religions in a democratic state with a clear separation between the laws of the State and religious precepts;

Recalling that Judaism, Christianity and Islam have mutually influenced each other and influenced European civilisation for centuries and recalling in this context Islam’s positive contribution to the continuing development of European societies of which it is an integral part;

Concerned at signs that religious intolerance towards Islam and Muslim communities is increasing in countries where this religion is not observed by the majority of the population;

Strongly regretting that Islam is sometimes portrayed inaccurately on the basis of hostile stereotyping the effect of which is to make this religion seem a threat;

Rejecting all deterministic views of Islam and recognising the great diversity intrinsic in the practice of this religion;

Firmly convinced of the need to combat the prejudice suffered by Muslim communities and stressing that this prejudice may manifest itself in different guises, in particular through negative general attitudes but also, to varying degrees, through discriminatory acts and through violence and harassment;

Recalling that, notwithstanding the signs of religious intolerance referred to above, one of the characteristics of present-day Europe is a trend towards a diversity of beliefs within pluralistic societies;

Rejecting all manifestations of religious extremism;

Emphasising that the principle of a multi-faith and multicultural society goes hand in hand with the willingness of religions to co-exist within the context of the society of which they form part;

recommends that the governments of member States, where Muslim communities are settled and live in a minority situation in their countries:

- ensure that Muslim communities are not discriminated against as to the circumstances in which they organise and practice their religion;

- impose, in accordance with the national context, appropriate sanctions in cases of discrimination on grounds of religion;

- take the necessary measures to ensure that the freedom of religious practice is fully guaranteed; in this context particular attention should be directed towards removing unnecessary legal or administrative obstacles to both the construction of sufficient numbers of appropriate places of worship for the practice of Islam and to its funeral rites;

- ensure that public institutions are made aware of the need to make provision in their everyday practice for legitimate cultural and other requirements arising from the multi-faith nature of society;

- ascertain whether discrimination on religious grounds is practised in connection with access to citizenship and, if so, take the necessary measures to put an end to it;

- take the necessary measures to eliminate any manifestation of discrimination on grounds of religious belief in access to education;

- take measures, including legislation if necessary, to combat religious discrimination in access to employment and at the workplace;

- encourage employers to devise and implement "codes of conduct" in order to combat religious discrimination in access to employment and at the workplace and, where appropriate, to work towards the goal of workplaces representative of the diversity of the society in question;

- assess whether members of Muslim communities suffer from discrimination connected with social exclusion and, if so, take all necessary steps to combat these phenomena;

- pay particular attention to the situation of Muslim women, who may suffer both from discrimination against women in general and from discrimination against Muslims;

- ensure that curricula in schools and higher education – especially in the field of history teaching – do not present distorted interpretations of religious and cultural history and do not base their portrayal of Islam on perceptions of hostility and menace;

- ensure that religious instruction in schools respects cultural pluralism and make provision for teacher training to this effect;

- exchange views with local Muslim communities about ways to facilitate their selection and training of Imams with knowledge of, and if possible experience in, the society in which they will work;

- support voluntary dialogue at the local and national level which will raise awareness among the population of those areas where particular care is needed to avoid social and cultural conflict;

- encourage debate within the media and advertising professions on the image which they convey of Islam and Muslim communities and on their responsibility in this respect to avoid perpetuating prejudice and biased information;

- provide for the monitoring and evaluation of the effectiveness of all measures taken for the purpose of combating intolerance and discrimination against Muslims.

1 This text will be adapted, as necessary, in accordance with the final version of the Political Declaration.

2  International and European legal instruments relevant to combating racism, racial discrimination, xenophobia and related intolerance are listed in Appendix I .

3   See also Appendix to Recommendation No.R (97) 21 of the Committee of Ministers to member States on the media and the promotion of a culture of tolerance.