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Ministers' Deputies Introduction 1. The European Commission against Racism and Intolerance (ECRI) held its 23rd plenary meeting in Strasbourg (Human Rights Building) from 11 to 15 December 2000, with Mr Nikos FRANGAKIS (Greece) in the Chair. 2. The list of participants is contained in Appendix I. The agenda, as adopted, appears in Appendix II. 3. This abridged report contains a list of the items discussed and decisions taken at the meeting. Items 1
and 2: Opening of the meeting and adoption of the agenda 4. In his opening statement, the Chair reminded ECRI of the major events that had marked the year 2000 in terms of European co-operation in fighting racism, xenophobia, antisemitism and intolerance. ECRI had now become a body whose contribution to this effort was indisputably recognised by all, as evidenced by numerous statements paying tribute to its work during the European Conference against racism (Strasbourg, 11-13 October 2000). He added that ECRI's work programme had considerably expanded over the past two years, but that there had been no corresponding increase in staff. ECRI's Secretariat had been assigned additional tasks, particularly in following up the European Conference, yet there were no plans to reinforce it although it already lacked sufficient human resources to carry out ECRI's own programme properly. The Chair said he would draw the Secretary General's and Ministers' Deputies' attention to the extremely difficult situation confronting ECRI because it lacked the necessary staff to carry out its work programme and to the necessity of urgent measures in this respect. However, if nothing could be done, ECRI would have to draw the appropriate conclusions and discuss at its next plenary meeting (13-16 March 2001) which of the activities on its programme could not reasonably be conducted with the human resources currently available to it. Item 3:
Communication by the Secretariat 5. The Secretariat provided ECRI with information on recent developments within the Council of Europe of relevance to its work. Item 4:
Implementation of the second stage of ECRI's country-by-country
approach 6. ECRI held a general exchange of views on the implementation of the second stage of its country-by-country work and the preparation of the work scheduled for the first half of 2001. It gave guidelines to the ad hoc working group responsible for examining the issues relating to ECRI's country-by-country approach (concerning procedure, organisation and working methods), with a view to preparing proposals for the third stage of the country-by-country work. It also decided on the composition of the ad hoc working group: Mr Michael HEAD, Mr Roger LINSTER, Mr Oleg SEMENENKO, Professor Eva SMITH ASMUSSEN, Professor Joseph VOYAME. Item 5:
Adoption of draft country-by-country reports 7. ECRI examined the preliminary draft reports on Croatia, Cyprus, Germany, the Netherlands and Turkey and held an in-depth exchange of views on each of these reports. 8. In accordance with the country-by-country procedure, the above-mentioned five draft reports, as prepared at the present meeting, would be transmitted by the Chair of ECRI to the Permanent Representatives of the member states concerned for a process of confidential dialogue with the authorities of those countries. Since this dialogue will be channelled through the intermediary of the national liaison officers based in the different countries, ECRI's Secretariat will also forward a copy of the draft report directly to the national liaison officers concerned. Item 6:
Adoption of final country-by-country reports 9. ECRI examined the country-by-country reports that had been the subject of a dialogue with the relevant national liaison officers and which were now submitted to ECRI for final adoption. 10. ECRI adopted the final reports on Albania, Austria, Denmark, “the Former Yugoslav Republic of Macedonia” and the United Kingdom. These texts are reproduced in Addendum I to this abridged meeting report. In accordance with the country-by-country procedure, as agreed by the Ministers' Deputies at their 598th meeting (1-3 July 1997), these reports will be transmitted by ECRI to the governments of the member states in question through the intermediary of the Committee of Ministers. These reports will be made public two months after their transmission to these governments, unless the latter are expressly against making these texts public. Item 7: Draft ECRI general policy
recommendation No.6 on combating the dissemination of racist and
antisemitic material via the Internet 11. ECRI finalised and adopted the text of its general policy recommendation No.6 on "Combating the dissemination of racist and antisemitic material via the Internet ". It transmitted the text to the Committee of Ministers and asked the Deputies to forward it to governments and authorise its publication. ECRI's general policy recommendation No.6, as adopted during the meeting, is set out in Addendum II to this abridged meeting report. Item 8: Publication on “good practices”
relating to combating racism and intolerance against Roma/Gypsies 12. Mr Robin OAKLEY, consultant, presented the preliminary draft publication on examples of “good practices” in combating racism and intolerance against Roma/Gypsies, linking back to ECRI's general policy recommendation No 3 on the subject. ECRI discussed it in depth with the consultant and gave him guidelines for finalising the draft publication. It was agreed that the latter would be submitted for comments to a small group comprising two or three members of ECRI and two or three members of the Specialist Group on Roma/Gypsies (MG-S-ROM). It would then be presented at ECRI's next plenary meeting (13-16 March 2001) with a view to publication on 21 March 2001, International Day for the Elimination of Racial Discrimination. Item 9: Results of the European Conference
against racism (Strasbourg, 11-13 October 2000) 13. ECRI heard a report on the proceedings of the European Conference “All different, all equal: from principle to practice” held in Strasbourg from 11 to 13 October 2000 as Europe's contribution to the World Conference against racism, racial discrimination, xenophobia and related intolerance, which will take place in Durban from 31 August to 7 September 2001. It was also informed of the exchange of views held during the Ministers' Deputies' debate on the subject (727th meeting; 25 October 2000) and noted that the Secretariat will prepare proposals for the Ministers' Deputies on follow-up to the European Conference against racism. 14. ECRI discussed its own role in the follow-up to the European Conference prior to informing the Ministers' Deputies of its views on the subject. It was pointed out during the discussion that a number of critical remarks had been made at the conference, particularly by NGOs, on the terminology and language used in the preparatory documents, especially the use of terms that might have, or be perceived as having, negative connotations. ECRI agreed to resume discussion of the matter at its next plenary meeting (13-16 March 2001), on the basis of a document to be prepared by its Secretariat: a review of the terminology normally used at the Council of Europe on issues within ECRI's remit, together with a list of the terms that participants in the European Conference against racism had found problematic. 15. ECRI adopted and transmitted to the Ministers' Deputies a communication on its views concerning the follow-up to be given to the European Conference against racism. This communication is reproduced in Appendix III to this abridged meeting report. Item
10: Co-operation with the European Monitoring Centre on Racism and
Xenophobia 16. ECRI was informed about the latest relevant development in its cooperation with the European Monitoring Centre on Racism and Xenophobia, in particular concerning the prospect of a common project, together with the OSCE, on access for Roma women to health care. Item 11: Elections 17. ECRI held elections for the posts of two vice-chairs and three members of the Bureau. The following were elected: - 1st Vice-Chair: Ms Alenka PUHAR (member of ECRI in respect of Slovenia); elected for one year - 2nd Vice-Chair: Mr Jenö KALTENBACH (member of ECRI in respect of Hungary); elected for one year - Member of the Bureau: Mr Roger LINSTER (member of ECRI in respect of Luxembourg); elected for two years - Member of the Bureau: Ms Winnie SORGDRAGER (member of ECRI in respect of the Netherlands); elected for two years - Member of the Bureau: Ms Margareta WADSTEIN (member of ECRI in respect of Sweden) elected for one year. Item 12: Timetable for future work 18. ECRI decided on the timetable for its forthcoming meetings, as reproduced in Appendix IV to this abridged meeting report. Albanie / Albania (Excusé/Apologised) Professeur Arben PUTO,
Président, Comité Albanais d'Helsinki Autriche / Austria Professor Stefan KARNER, Ludwig
Boltzmann Institut für Kriegsfolgen-Forschung Belgique / Belgium (Excusé/Apologised) Monsieur Johan LEMAN,
Directeur du Centre pour l'Egalité des Chances et la Lutte contre
le Racisme Monsieur François SANT'ANGELO, Collaborateur au
Centre pour l'Egalité des Chances et la Lutte contre le Racisme Bulgarie / Bulgaria Monsieur Luben KOULICHEV, Assemblée
Nationale de la République de Bulgarie Croatie / Croatia Ms Maja SERSIC, Professor, International Law Department at the
Faculty of Laws of the Zagreb University Chypre / Cyprus Ms Maro CLERIDES-TSIAPPAS,
Counsel for the Republic of Cyprus, Office of the Attorney General of
the Republic of Cyprus République Tchèque / Czech Republic Mr Miloslav PETRŮ,
Legal Adviser- Human Rights Department, Ministry of Foreign Affairs Danemark / Denmark Professor Eva SMITH ASMUSSEN,
Retsvidenskabeligt Institut A Estonie / Estonia Mr Mart NUTT, Member of
Parliament Finlande / Finland (Excusé/Apologised) Mr Lauri HANNIKAINEN, Senior Researcher, Northern Institute for
Environmental and Minority Law, Arctic Centre Mrs Merja PENTIKÄINEN, Researcher, Northern Institute of Environmental
and Minority Law France Madame Martine
VALDES-BOULOUQUE,
Inspecteur des Services Judiciaires, Ministère de la Justice Géorgie / Georgia Mr Levan ALEXIDZE, Head of Chair of International Law, Tbilisi State University – State Chancellery Allemagne / Germany Mr Klaus STOLTENBERG,
Ministerialdirigent, Bundesministerium der Justiz Mr Jürgen HABERLAND, Ministerialrat,
Bundesministerium des Innern
Grèce / Greece Mr Nikos FRANGAKIS,
Vice-Président de la Commission Nationale pour les Droits de
l'Homme Mr Pericles PANGALOS, Vice-Président de la Commission Nationale pour les
Droits de l'Homme Hongrie / Hungary Mr Jenö KALTENBACH, Parliamentary Commissioner for National, Ethnic
and Minority Rights, Parliamentary Commissioners' Office Islande / Iceland Reverend Baldur KRISTJÁNSSON
Irlande / Ireland Mr Seamus CULLIMORE Italie / Italy (Excusé/Apologised) Monsieur l'Ambassadeur
Claudio MORENO,
Ambassadeur - Président du Comité national italien pour les Droits
de l'Homme, Ministero degli Affari Esteri – Direzione Generale
degli Affari Politici Monsieur Giulio VINCI GIGLIUCCI, Vice-Président
du Comité national italien pour les Droits de l'Homme, Ministero
degli Affari Esteri – Direzione Generale per gli Affari Politici
Multilaterali et i Diritti Lettonie / Latvia Mrs Ruta MARJAŠA, Lawyer Liechtenstein (Excusé/Apologised) Monsieur Hans BRUNHART,
Ancien Chef du Gouvernement, Euroconsult AG Madame Christine STEHRENBERGER, Amt für Auswärtige
Angelegenheiten Lituanie / Lithuania Mr Remigijus MOTUZAS,
Director General of the Department of National Minorities and
Lithuanians Living Abroad Luxembourg Monsieur Roger LINSTER
Malte / Malta (Excusé/Apologised) Mr Godwin MUSCAT-AZZOPARDI, Judge Moldova Professeur Victor
VOLCINSCHI,
Universitatea de Stat din Moldov Pays-Bas / The Netherlands Mrs Winnie SORGDRAGER,
Senator, Former Minister of Justice Norvège / Norway Mr Petter DREFVELIN,
Director General, Norwegian Directorate of Immigration (UDI) Pologne / Poland Professor Andrzej SICINSKI,
Institute of Phillosophy and Sociology, Polish Academy of Sciences Portugal Monsieur Fernando FERREIRA
RAMOS, Juge de
la Cour Suprême de Justice, Gabinete de Documentação e Direito
Comparado Roumanie / Romania Professeur Raluca BESTELIU,
Professeur en Droit International Public, Ancien juge ad-hoc à la
Cour Européenne des Droits de l'Homme Fédération de Russie / Russian Federation Mr Alexander VLADYCHENKO, Doctor of History, Deputy Director, Ministry of Foreign Affairs – European Cooperation Department Saint-Marin / San Marino (Excusée/Apologised) Madame Federica BIGI,
Ministère des Affaires Etrangères de Saint-Marin, Direction des
Affaires Politiques Slovaquie / Slovakia Professor Juraj ŠVEC,
Department of Oncology, Faculty of Medicine, Comenius University, St
Elisabeth Institute of Oncology Slovénie / Slovenia Mrs Alenka PUHAR,
Journalist-Publicist Espagne / Spain Mr Tomás CALVO BUEZAS,
Catedrático de Antropología Social, Facultad de Ciencia Políticas y
Sociología – Universidad Complutense Suède / Sweden (Excusée/Apologised) Ms Margareta WADSTEIN,
Ombudsman against Ethnic Discrimination Ms Ylva BRUNE, Journalist, Media Researcher Suisse / Switzerland Professeur Joseph VOYAME L'ex-République yougoslave de Macédoine» / «The Former Yugoslav Republic of Macedonia Ms Elizabeta GORGIEVA, Senior Officer at the Human and Minority
Rights Department, Ministry of Foreign Affairs Turquie / Turkey Professor Gün KUT, Boğaziçi
University, Faculty of Political Science Ukraine Mr Oleg SEMENENKO, Second Secretary of the European and Transatlantic Integration Department, Ministry of Foreign Affairs Royaume-Uni / United Kingdom Mr Michael HEAD Assemblée Parlementaire / Parliamentary Assembly Commission des questions
juridiques et des droits de l'homme/Committee on Legal Questions and
Human Rights Commission de la culture et
de l'éducation/Committee on Culture and Education Mrs Anita Apelthun SAELE, Member of the Parliamentary Assembly to the Council of Europe, Norwegian Parliament Commission des questions
politiques/Committee on Political Affairs Mr András BÁRSONY, Member of the Parliamentary Assembly to the Council of Europe, Hungarian Parliament Congrès des pouvoirs locaux et régionaux d'Europe / Congress of Local
and Regional Authorities of Europe (Excusé/Apologised) Monsieur Gianfranco
MARTINI,
Segretario Generale dell'Associazione Italiana del Consiglio dei
Communi e Regioni d'Europa Commission des Communautés Européennes / Commission of the European
Community (Excusé/Apologised) Monsieur Rob CORNELISSEN,
Chef de l'Unité V/D/4 -
J-37 2/20, Commission européenne Observateurs / Observers: Saint-Siège/Holy See Monsieur Bernard BOUGON,
Psychosociologue Consultant Consultant : Mr
Robin OAKLEY Secrétariat : Mme
Isil GACHET,
Direction Générale des Droits de l'Homme, Secrétaire exécutive
de la Commission européenne contre le racisme et l'intolérance /
Directorate General of Human Rights, Executive Secretary of the
European Commission against Racism and Intolerance, Conseil de
l'Europe, 67075 STRASBOURG CEDEX, France Tel :
+33 (0) 3 88 41 23 48 Fax :
+33 (0) 3 88 41 39 87 E-mail :
[email protected] Mrs Isobelle JAQUES,
Administratrice / Administrator Tel :
+33 (0) 3 88 41 23 49 Fax :
+33 (0) 3 88 41 39 87 E-mail :
[email protected] M.
Giancarlo CARDINALE,
Assistant Administratif / Administrative Assistant Tel :
+33 (0) 3 88 41 39 42 Fax :
+33 (0) 3 88 41 39 87 E-mail :
[email protected] Ms
Lanna HOLLO,
Assistante Administrative / Administrative Assistant Tel :
+33 (0) 3 88 41 29 59 Fax : +33 (0) 3 88 41 39 87 E-mail : [email protected] Mme Sylvia LEHMANN,
Assistante / Assistant Tel : +33 (0) 3 88 41 29 64 Fax : +33 (0) 3 88 41 39 87 E-mail : [email protected] APPENDIX II __________ Agenda APPENDIX
III ___________ Communication
to the Ministers' Deputies: ECRI's
points of view on follow-up to the European
Conference against Racism Introductory comments 2. ECRI also notes that in preparing and hosting this Conference the Council of Europe fully and successfully played its unique role as a pan-European organisation possessing unparalleled experience in the field of human rights protection. At a time when stress is being laid on the need for increased co-operation among different international organisations pursuing the same aims, the European Conference was a concrete illustration of how to orchestrate such co-operation. 3. ECRI considers that the important thing now is to ensure that appropriate follow-up is given to the European Conference. We must build on the results of this major event, which has demonstrated the determination of governmental and non-governmental actors on the European stage to join forces to combat the phenomena of racism, xenophobia, antisemitism and intolerance. ECRI thinks that the holding of the European Conference should be regarded not as an end in itself but rather as the beginning of a process. 4. ECRI was informed that the results of the European Conference will be forwarded to the meeting of the Preparatory Committee for the World Conference and to the World Conference itself, and that it is also foreseen to organise an ad hoc meeting after the World Conference to examine the results of the latter and the possibilities for European implementation of any Plan of Action issued at the World Conference. 5. ECRI feels that it is vital that the Council of Europe continues to undertake the role which it has played hitherto in preparing the World Conference and which it should play in the follow-up to the European Conference and, subsequently, to the World Conference. The Council of Europe is indeed the ideal organisation for such a role, which involves not only coordination but also stimulating networks and pooling experiences. 6. ECRI would, however, like firmly to underline that these additional tasks, which concern both concept and substance, will necessitate resources, particularly in terms of staffing, which the Council of Europe at present lacks. ECRI thus draws attention to the importance of integrating from the outset questions about the necessary means and resources in discussions concerning follow-up to the World Conference. Even in the short-term serious problems are going to arise, for example in 2001, in connection with the whole area of follow-up to the European Conference and preparation of the World Conference, since the latter will depend on the human resources assigned to ECRI's Secretariat. While ECRI's activity and its results are recognised nowadays at European level, the means available to ECRI are far below the minimum threshold needed to implement its own current work programme. ECRI is thus unanimous in appealing for the measures to be taken which are necessary to reinforce its Secretariat promptly. Such measures are essential for ECRI to be able to realise its own work programme and assure the follow-up to the European Conference. 7. Above and beyond the Council of Europe's co-ordinating and catalytic role in the preparation of and subsequent follow-up to the World Conference, which raise the aforementioned problems, a further question relates to the substantive results of the European Conference and how they could be apportioned among the different Council of Europe bodies with a view to appropriate follow-up to this outcome. ECRI has been informed that the Ministers' Deputies will be examining Secretariat proposals on this matter at one of their forthcoming meetings. 8. ECRI has itself considered the results of the European Conference in detail and has agreed to take on board certain subjects highlighted by the Conference and incorporate them into its own work. ECRI would point out that in so doing it has taken account of the fact that many other aspects of the Conference will to some extent be followed up by the Council of Europe's different work sectors. With a view to streamlining, ECRI is confining itself to aspects that can be incorporated into its existing programme, such elements gaining a greater focus in the future, based on points emerging from the European Conference against Racism. Aspects on which ECRI will focus as part of the
follow-up to the European Conference
I. General and comprehensive anti-discrimination legislation at national level, including the creation of specialised bodies 1. The need for complete and specific anti-discrimination legislation at national level was hammered home during the European Conference against Racism. The fact is that ECRI's country-by-country reports show that not all member states of the Council of Europe have adopted such legislation. 2. In following up the European Conference, ECRI will set up a working group responsible, with the assistance of a consultant, for: deciding on the key components of such legislation (including matters relating to the appointment of national specialised bodies); ascertaining, on the basis inter alia of ECRI's country-by country reports, which member states of the Council of Europe have and have not adopted such legislation; and indicating, where appropriate, the means by which member states could make good any omissions noted. II. Criminal justice system 1. The European Conference stressed the importance of practical measures to make law enforcement officials more sensitive to the situation of targeted groups in order to prevent any perceived unfairness in the application of the law and discrimination in the treatment of persons belonging to such groups during criminal proceedings. 2. As part of its follow-up to the European Conference, ECRI will set up a working group responsible for preparing an ECRI draft general policy recommendation on combating racism and racial discrimination in the functioning of the criminal justice system, taking into account the Council of Europe's current programmes and projects in the criminal justice field. III. Combating antisemitism 1. Action against antisemitism, which is an explicit part of ECRI's terms of reference, was also specifically dealt with in both the General Conclusions and the Political Declaration of the European Conference, which stressed the need for effective measures to address the problem of antisemitism in Europe today and combat all manifestations of this phenomenon. 2. As part of the follow-up to the European Conference, ECRI will be setting up a working group responsible for preparing an ECRI draft general policy recommendation on combating antisemitism, taking account of the Declaration on “Antisemitism in Europe Today” adopted at the consultation meeting organised in Strasbourg on 27 March 2000 by the Secretary General of the Council of Europe. IV.
Combating political extremism 1. The European Conference called for 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 also encouraged them to refuse any support, explicit or implicit, to parties that advocate racist and xenophobic positions. 2. In the framework of the follow-up to the European Conference, ECRI will establish a working group responsible for preparing a draft general policy recommendation on combating racism and intolerance in politics. V. Mainstreaming 1. The European Conference underlined the importance, as a general rule, of incorporating an anti-racist perspective at all levels covering all fields of policy. Mainstreaming puts targeted persons at the heart of policy formulation, leads to better government management and enables full advantage to be taken of the diversity of society. 2. ECRI will endeavour to secure the integration of the objective of combating racism into the complete body of Council of Europe actions and policies, at all levels. In promoting consideration of an anti-racist dimension in the formulation of the Organisation's policies, ECRI will develop a strategy which aims to ensure that these policies have an impact in combating racism. At the same time, ECRI will undertake concrete activity with a view to helping governments of member states of the Council of Europe develop a conceptual framework and practical tools for implementing mainstreaming at national level. Concluding remark: As stressed above, the preceding five sections deal with aspects which ECRI has decided to incorporate into its existing programme in the wake of the European Conference. It goes without saying that some important aspects of the conclusions of the European Conference, e.g. combating racism against Roma/Gypsies, combating discrimination against Muslims and preventing the dissemination of racist and antisemitic material on Internet, which are already part of ECRI's current programme, will remain in this programme and should also be considered as part of the follow-up to the European Conference against Racism. TIMETABLE OF FORTHCOMING MEETINGS (subject to budgetary possibilities) Plenary
meetings - 24th plenary meeting: 13-16 March 2001 - 25th plenary meeting: 19-22 June 2001 - 26th plenary meeting: 11-14 December 2001 Bureau
meetings - 13 March 2001 - 18 June 2001 - 10 December 2001 Meetings
of CBC working groups - CBC 1 : 20 July 2001 - CBC 2 : 26 March 2001 - CBC 3 : 20 July 2001 - CBC 4 : 10 September 2001 - CBC 5 : 22 January 2001 - CBC 6 : (date to be decided) - CBC 7 : 16 February 2001 - CBC 8 : 17 September 2001 - CBC 9 : 12 February 2001 - CBC 10 : (date to be decided) Meeting of the working group of CBC Rapporteurs
- 1st June 2001
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