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8 June 1995
Doc. 7318
REPORT
on the fight against racism,
xenophobia, anti-semitism and intolerance
(Rapporteur: Mr LÓPEZ HENARES
Spain, Group of the European People's Party)
Summary
The fight against racism, xenophobia, anti-semitism and religious and other forms of intolerance has always been one of the Assembly's preoccupations. This report, after attempting a definition of the problem and after looking at the situation in Council of Europe member states, summarises the action taken in response, at national and international level. It pays particular attention to the work done in the Council of Europe, especially to the outcome of the Vienna Summit (the plan of action on combating racism, xenophobia, anti-semitism and intolerance, the European Youth Campaign and the European Commission against Racism and Intolerance).
The report ends with suggested future measures the Assembly, the Committee of Ministers and the governments of member states could take to wipe out the scourge of racism and intolerance from our societies.
I. Draft recommendation
1. The Assembly, referring to its Recommendation 1222 (1993), is seriously preoccupied with the resurgence of racism, anti-semitism, xenophobia and intolerance in Europe, and condemns the resulting acts of violence.
2. However, the Assembly notes with great satisfaction the overwhelming positive response of the public in most member states of the Council of Europe directed against these acts and attitudes.
3. In particular, the Assembly welcomes the awareness-raising campaigns conducted on local, national and international level in this field. It especially approves of the plan of action on combating racism, xenophobia, anti-semitism and intolerance, adopted by the heads of state and government at the Council of Europe Vienna Summit in October 1993, resulting in the launching of the European Youth Campaign and the creation of the European Commission against Racism and Intolerance.
4. The Assembly wishes to emphasise some basic policy concerns already voiced in Recommendation 1222 (1993), namely:
i. the importance of addressing the root causes of racism, anti-semitism, xenophobia and intolerance;
ii. the crucial role the media could play in presenting an open and tolerant society to the public, and in countering prejudice and hatred;
iii. the need for prevention through education of the general public (especially of schoolchildren and university students), support for victims, and the protection and promotion of cultural diversity.
5. In the near future, the Assembly expects to discuss reports on media and migrants, the learning of history, electronic democracy and the power of the visual image, which will also deal with the fight against racism, anti-semitism, xenophobia and intolerance in these fields.
6. The Assembly recommends that the Committee of Ministers:
i. continue to actively work on the problems of racism, xenophobia, anti-semitism, and all religious and other forms of intolerance, and to involve the Assembly as much as possible in its activities in this field, keeping it informed of all developments;
ii. strengthen the mandate of the European Commission Against Racism and Intolerance, to include the right to monitor member states' compliance with international legal obligations, as already recommended in Assembly Recommendation 1222 (1993), and to lay down guidelines and common principles for a Europe-wide strategy in this area and increase its resources;
iii. promote the work on an additional protocol to the European Convention for Human Rights strengthening the non-discrimination clause of Article 14;
iv. appoint a European High Commissioner for Refugees as already suggested in Assembly Recommendation 1236 (1994) to work in close co-operation with the United Nations High Commissioner for Refugees, as a means of getting to the roots of problems in member states regarding asylum-seekers, refugees, and the tide of xenophobia currently engulfing them. His or her mandate would include:
a. developing guidelines to be observed by all member states of the Council of Europe in the field of asylum-seekers, refugees and stateless persons - basing itself on the 1951 Geneva Convention, its 1967 New York Protocol, and the work of UNHCR;
b. promoting, inter alia, policies and measures which would be aimed at improving solidarity between member states as regards the consequences of receiving refugees and asylum-seekers.
7. The Assembly further recommends that the Committee of Ministers call on member states of the Council of Europe:
i. to sign and ratify, without delay, the European Framework Convention for the Protection of National Minorities, if they have not already done so, and to conduct their policy according to the principles laid down in Assembly Recommendation 1201 (1993) on an additional protocol on the rights of minorities to the European Convention on Human Rights;
ii. to sign and ratify the European Charter on Regional and Minority Languages;
iii. to sign and ratify, as a matter of priority, the International Convention on the Elimination of All Forms of Racial Discrimination, if they have not already done so;
iv. to examine their national legislation and practice and to abolish still existent legislation and practices which have a direct or indirect discriminating effect;
v. to introduce specific legislation on the national level against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance, with a view to increasing the transparency of legal provisions and facilitating their implementation;
vi. to incorporate in their domestic law, and implement in practice, minority rights in line with Recommendation 1201 (1993) of the Assembly, and provisions aiming at preventing or reducing statelessness, in order to attack the roots of current problems;
vii. to set up supervisory and consultative bodies of the ombud- or commission-type on the problems of racism, xenophobia, anti-semitism, and all religious and other forms of intolerance, with the authorisation to examine individual complaints, and to enhance the mandate of such bodies in the cases where they already exist;
viii. to grant voting rights in local elections to resident aliens (after a certain period of residence in the respective country), to encourage their integration, as already proposed in Recommendation 1082 (1988);
ix. to continue to conduct, or to put into place, national and local awareness-raising campaigns against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance;
x. to introduce effective measures to guarantee accessible judicial and social assistance to victims of racism, xenophobia, anti-semitism and all religious and other forms of intolerance;
xi. to encourage the drawing up of self-regulatory codes of conduct, as already proposed in Recommendation 1215 (1993) on the ethics of journalism, setting professional and ethical standards for journalists and broadcasters, prohibiting the instigation to racial discrimination, violence, hatred and intolerance in the media while respecting freedom of speech;
xii. to promote the setting up and the activity of self-regulatory bodies supervising the implementation of codes of conduct for the media, and to give publicity to the positive results of the work of such bodies;
xiii. to support electronic media projects for programmes on national minorities and migrant groups and their history and religion;
xiv. to promote education and research in a spirit of tolerance and respect for cultural diversity, and to encourage projects on textbooks in the field of history and humanities in general to this end, as well as cultural exchanges.
II. Draft order
1. Referring to Recommendation ... (1995) on the fight against racism, xenophobia, anti-semitism and intolerance, and bearing in mind its role as guardian of democratic values, the Assembly decides to take measures to prevent the airing of statements that are an incitement to racial hatred, notably during plenary Assembly debates and in committee.
2. It thus instructs its Committee on Rules of Procedure, in consultation with the Committee on Legal Affairs and Human Rights, to modify Rule 12, paragraph 6, accordingly in due course, while taking into consideration the freedom of speech of parliamentarians.
3. The Assembly also instructs the committees concerned to continue monitoring developments in the fight against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance, and to report back to it when significant developments have occurred.
III. Explanatory memorandum
by Mr LÓPEZ HENARES
A. INTRODUCTION
1. It is a sad but undeniable fact that today, fifty years after the horrors of the Holocaust, Europe is witnessing a resurgence of racism, xenophobia, anti-semitism, religious and other forms of intolerance. At the same time as Europe is opening its borders, there is a risk that the invisible borders of intolerance and hatred will be re-erected and fortified in the minds of its people. The media provide evidence of escalating intolerance and isolated outbursts of irrational ethnic and racial hatred, leading, in some cases, even to physical injury, arson, and murders.
2. The reasons for these developments are admittedly complex. Since the Council of Europe campaign against racism, intolerance, anti-semitism and xenophobia was launched on the initiative of the Norwegian government, it may be useful to recall the statement of the Norwegian Prime Minister Gro Harlem Brundtland before the October 1993 Vienna Summit: "Unemployment, lack of knowledge and insecurity about the future are among the root causes of racism, extreme nationalism, xenophobia and intolerance which we see in too many countries in Europe today". Some of these causes have to do with persistent psychological features of the human being. Others are directly related to the current political and economic situation in Europe, and will, I hope, therefore be of a temporary nature.
3. On the other hand, there has been an overwhelming positive response of the general public in most member states of the Council of Europe directed against racist and xenophobic acts and intolerant attitudes. People have come together, sometimes spontaneously, to demonstrate for tolerance and a multi-cultural society, lighting candles in memory of the victims of aggression.
4. The collapse of the communist totalitarian regimes in Central and Eastern Europe has been acclaimed in both East and West as a victory for democracy and human rights. Today, however, it is clear that the end of the Cold War, at the same time as closing a page of dictatorship and oppression has opened an era of new dilemmas. The "demons" of extreme nationalism and ethnic hatred, both on the international arena and in domestic politics, have resurfaced with the re-opening of old border disputes and the revival of buried animosities. Too often nationalism is used as a means, for example by communist dictators, to halt the decline of their absolute power - the war in former Yugoslavia is an extreme example of this. Nationalistic tendencies however, have not spared Western Europe, either, where extreme right movements are gaining growing popular support.
5. Another sad characteristic of today's reality is the dramatic economic and social crisis in many countries of Central and Eastern Europe resulting from the too abrupt transition from a controlled economy to the free market. The drop in national production, drastic unemployment and the absence of a reliable social security network have brought masses of people to the edge of poverty. Economic ups-and-downs, recessions, and unemployment have enhanced feelings of uncertainty and insecurity also in Western Europe.
6. Migration processes in Europe have also undergone major changes. Powerful waves of migration have been observed. The more liberal border control policies in the new democracies of Central and Eastern Europe (combined with the stricter border controls in the countries of the European Union) turned these states into transition countries in the migration processes from the Third World to Western Europe. Although it may be argued that the migration wave coming from and via Central and Eastern Europe is insignificant in statistical terms to the European ethnic and social landscape, the processes developed in a short period of time and received an overwhelming media resonance. Therefore they exerted a strong impact on the psychological climate of Europe.
7. Experts agree that at the core of racist attitudes is the feeling of insecurity, the sometimes instinctive fear of the "otherness". This insecurity and fear give birth to hatred and look franticly for targets easily distinguished. Under these circumstances the resort to violence and racist hatred directed against vulnerable minority groups, such as the Roma and Sinti, has not been an exception. Anti-semitic acts have re-surfaced even in countries where the number of Jews is insignificant. Aggressive attitudes have been reported towards migrants, immigrants and refugees alike. Religious intolerance has reached worrying dimensions in some countries.
B. SIGNIFICANT BACKGROUND FEATURES
1. An attempt at a definition
8. As the very title of this report suggests, the faces of intolerance are numerous. Discriminative attitudes can be based on the colour of skin, ethnic or national origin, sex or sexual behaviour, religion, etc. Racism and intolerance can, generally speaking, emerge on two levels demanding a different approach. There is racism and intolerance on the level of the individual or the group, and racism and intolerance practised by governments, i.e. institutionalised racism. The Belgian Act of 30 July 1981 as amended in 1994 gives the following, in my view very appropriate, definition of discrimination: "Any distinction, exclusion, restriction or preference aimed at or which has the effect of destroying, jeopardising or limiting the recognition, enjoyment or exercise, on equal conditions, of human rights and fundamental freedoms in the political, economic, social or cultural fields or in any other sphere of social life."
9. Most easily discernible are acts of violence and open hatred. These are normally criminalised, prosecuted and reflected in statistical records. More difficult to identify are the endless forms of every-day discrimination on the part of individuals or population groups in the spheres of both public and private life. Employment, public services, education and the media are only a few of the spheres in which discrimination is reported. However, a considerable amount of discrimination remains hidden, due to lacking outlets of dissatisfaction, insufficient communication channels or bodies enjoying the confidence of the discriminated.
10. When discussing these phenomena in a European context very often a wrong presumption is applied, namely that European countries (or at least the countries which are members of the Council of Europe) are beyond institutionalised racism. However, recent developments supply evidence to the contrary. To pick out only some examples, in the Czech Republic citizenship legislation has been drafted which negatively affects large numbers of the Gypsy population. Countries which are founders of the Council of Europe are implementing ever more questionable refugee- and asylum practices.
2. Situation in Council of Europe member states
11. Obviously, I cannot attempt to portray the situation in all Council of Europe member states and special guests in extenso in this report. I will thus only give the most brief outline here to supplement the general remarks I already made in the introduction to this report, in order to concentrate on noteworthy responses to the situation in the following chapter.
12. The intensity and the nature of racist and discriminatory acts vary from country to country. Comparisons are difficult to draw due to a number of factors, not the least to a differing system of monitoring and keeping record of racist and discriminatory acts. Nevertheless, according to a study prepared for the European Commission on Racism and Intolerance, it seems that the situation is most critical in countries of greater ethnic diversity, in countries of intensive immigration and in countries with an economic crisis.
13. Thus, for instance, in France racist acts reportedly peaked in 1993 (amounting to 374 separate acts that year). A considerable amount of anti-semitic activity was also recorded, leading to 299 anti-semitic acts the same year. In the United Kingdom, according to national surveys and police records, 9 762 cases were reported in 1993/4. In Germany, aggressive attitudes were mainly directed against immigrant workers, the largest group being the Turks (more than 2 million people). There were also a worrying number of arson attacks on hostels, asylum seekers' homes and Jewish cemeteries and memorials. The federal police reports two to three thousand racist attacks per month, but fortunately statistics have demonstrated a fall in the number of incidents recently.
14. Disquieting tendencies are also reported from countries in transition. In the Czech Republic there is a growing manifestation of attacks on the dark-skinned and on Gypsy people. Attacks emanating from the far-left and the far-right, especially skin-heads, are also on the rise. In Hungary, Gypsies also are said to suffer from indirect and direct discrimination in education, employment, the army and even at places of entertainment. However, recently Gypsy self-government has been created in Hungary, which seems to be leading to an improvement of the situation. In Bulgaria, the Gypsy population is hard hit by economic insecurity while subject to attack by nationalist groups and to offensive police attitudes. Neo-fascist groups are reportedly inciting hatred towards Gypsies and other minorities, including "black" foreigners (Arabs, Vietnamese). In Poland, as well, Gypsies seem to have been the target of aggressive attitudes - in 1992 even riots against Gypsies were registered.
3. Action taken at national and international level to combat racism, xenophobia, anti-semitism and intolerance
15. I should point out that most member states have for a long time been making considerable efforts to combat racist and discriminatory attitudes by means of both legal and non-legal measures. Before making any new suggestions, a rather more detailed overview of the most characteristic and successful of these provisions and practices seems to be warranted.
i. Legal measures
16. In preparing this report I had the rare opportunity to base myself on a profound and comprehensive study entitled "Legal measures to combat Racism and Intolerance in the member states of the Council of Europe" prepared by the Swiss Institute on Comparative Law for the European Commission against Racism and Intolerance (ECRI)1. This study not only gives an exhaustive account of legislation designed to combat racism and intolerance, but also provides information about implementation mechanisms and case-law. Though the patterns existing in different member states vary widely, there are still some common trends to be observed.
17. The legislative in most member states has deemed it necessary to lay down the fundamental legal measures against racism, anti-semitism and xenophobia in constitutional laws. The principle of non-discrimination is reflected in almost all constitutions of Council of Europe member states, either in the form of a non-discrimination, or of an equality clause. However, most often the protection is reserved only to the nationals of the respective country.
18. Almost all member states have criminal regulations which provide for serious sanctions for the most extreme cases of racism and intolerance, such as genocide, setting up and taking part in organisations which aim at racial discrimination, etc. Other offences, like ill-treatment and insults with a racist connotation are normally covered by the general provisions of the Penal Codes. However, recently some countries deemed it necessary to strengthen the deterring effect of their criminal legislation. Thus in 1993 Sweden added a separate article to its Criminal Code providing for the racist nature of any offence on the statute books to be considered as an aggravating circumstance. The same approach has been applied by Italy since 1994 and a similar provision was also included in the Spanish Criminal Code following an amendment voted on 11 May 1995.
19. More delicate problems are posed when it comes to prevent and sanction acts of incitement to racial, ethnic and religious hatred or violence. Two types of policies can be discerned in this field2: a liberal one, not taking recourse to public intervention in these cases out of concern for the freedom of expression (prominent in countries like Denmark, Iceland and the Netherlands), and a more restrictive one, protecting the honour and dignity of the individual or the group affected by racist propaganda more actively on the part of the state by means of criminal and administrative restrictions (favoured by Germany, Ireland, Italy and my own country). The courts in several member states have recently been faced with cases of the denial of the Holocaust and the dimensions of human extermination in the Nazi concentration camps. In one particular case the Spanish Constitutional Court ruled that neither the liberty of ideology nor the liberty of expression can allow a person to make racist or xenophobic declarations. Following this line of thought the Spanish Parliament passed, on 11 May 1995, another important amendment to the Criminal Code. A new type of criminal offence is introduced, namely the defence of genocide, racism, anti-semitism and xenophobia.
20. Several countries have recently adopted separate legislative acts entirely devoted to the fight against racism and intolerance. Some have placed the accent on criminal measures (like the Belgian Act I mentioned earlier and the Irish Prohibition of Incitement to Hatred Act of 1989), envisaging penalties for racist discrimination inter alia in connection with vocational training, recruitment, dismissal of workers, and the supply goods or services. In Sweden and the United Kingdom the legislative has opted for a more liberal civil approach; the British Race Relations Act is a good example.
21. Some of these legislative acts are relatively recent and their effect cannot be fully estimated at this stage. Yet it seems to me that the policy of concentrating legal remedies against racism and discrimination in one piece of legislation has the appeal of transparency and accessibility for the victims, and facilitates the implementation.
22. Apart from these mainly "negative" legal measures, many states have adopted specific "positive" measures with the aim of promoting tolerance and integration. Here I should like to mention provisions granting voting rights at the local level for resident foreigners (e.g. in Norway, Belgium, the Netherlands and Sweden). It also seems that the introduction of representative quotas for minority groups in decision-making bodies affecting their interests such as staff committees, school management boards, etc., (as practised in some of Germany's Länder) may be enhancing integration.
23. On the international level, already the United Nations Universal Declaration on Human Rights of 1948 prohibited such discrimination as would contravene "the rights and freedoms set forth in the Declaration". The UN Human Rights Covenant of 1966 followed the same pattern. The most significant international document so far in the fight against racism is doubtlessly the International Convention on the Elimination of All Forms of Racial Discrimination, adopted on 21 December 1965. The implementation of this convention is being monitored by a committee composed of independent experts. This committee produces state and annual reports, and has had the right to examine individual petitions since 1983.
24. In the specific field of religious discrimination, the first international document was the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (of 25 November 1981). The work of the United Nations Human Rights Commission in this field is also relevant.
25. On the European level, apart from the measures taken by the Council of Europe, to which I will come back later, one among the many actions of the countries which are members of the European Union stands out: They are implementing the EEC Directive on television broadcasting and have adopted restrictions on television advertising containing racist connotations. The European Parliament is also active in the field of racism, xenophobia and anti-semitism. Its most recent recommendations on the subject, dating from 27 October 1994 and 27 April 1995, can in general be supported.
ii. Other measures
26. However strong the deterring effect of legal sanctions and prohibitions may be, national, as well as international, policies against racism, anti-semitism, xenophobia and intolerance have rightly not been confined to a strictly legalistic approach. The need for increased information and communication as an antidote to these scourges of our society is more and more clearly identified.
27. In this respect a relatively recent measure is worth mentioning, namely the setting up of institutions of the ombud- or commission-type as bodies giving advice and assistance on the problems of racism and discrimination: A Centre for Equal Opportunities and the Fight against Racism has been opened in Belgium, a Commission for Racial Equality has been created in the United Kingdom, an Ethnic Discrimination Ombudsman has been nominated in Sweden, to name but a few. In my home country Spain, a commissioner on human rights ("Defensor del Pueblo") exercises similar functions. The scope and functions of these bodies are defined differently in the countries concerned, yet in all countries there has been a positive impact and an active response3 to the institution of such bodies.
28. My impression is that many governments have well understood the need to combat discrimination at its roots, to act and not only to react. A number of awareness-raising campaigns has been carried out in various member states, as well as on the international level. Apart from the Council of Europe campaigns which I will describe in more detail in the following chapter, the 1995 UNESCO "Year of Tolerance" deserves to be mentioned. There also seem to be plans on behalf of the European Union to create a European Observatory against Racism and Intolerance4. Specific media projects on minority problems and migration have also been developed on the national and international level. It is my view, however, that the potential in this field of non-legal measures remains far from being exhausted.
C. ASSESSMENT OF THE WORK DONE IN THE COUNCIL OF EUROPE
1. Parliamentary Assembly
29. Since 1980 alone, the Assembly has adopted more than 20 recommendations and resolutions related to the issues of racism, xenophobia, anti-semitism and intolerance, on subjects as diverse as Gypsies in Europe, combatting resurgent fascist propaganda and its racist aspects and the contribution of the Islamic civilization to European culture. These recommendations and resolutions have been put together in a document for the Ad Hoc Committee of experts5, so I do not want to go into any more detail here and reiterate recommendations already made. I refer interested readers to the short list of Assembly recommendations and resolutions in Appendix I.
30. However, I would like to shortly come back to Recommendation 1222 (1993), one of the most recent and important documents of the Assembly on the fight against racism, xenophobia and intolerance. In this recommendation, the Assembly stressed the importance of addressing the root causes of these scourges of our present-day society, an emphasis that I would like to echo in this report. The significance of taking concrete action on the educational, legal and media level was also underlined, again an emphasis that will be found in this report, too.
31. The most important part of this recommendation was, in my opinion, paragraph 11 of the recommendation, which asked the Committee of Ministers to include a number of important elements in the draft plan of action which was due to be discussed at the Vienna Summit of Heads of State and Government in October 1993. I am very glad to be able to say that the Committee of Ministers, for the most part, followed the Assembly's advice at the said Vienna Summit. In the following chapter, I will briefly comment on the developments as a result of the action plan adopted, especially evaluating in how far they fulfil the expectations of the Assembly.
2. Committee of Ministers
32. As announced, I will in the following concentrate on actions connected with the Vienna Summit plan of action against racism, xenophobia, anti-semitism and intolerance. I beg the pardon of all those in the Council of Europe who also routinely deal with these issues, should they not be mentioned here.
i. Vienna Summit - Plan of action against Racism, Xenophobia, Anti-Semitism and Intolerance
33. The heads of state and government of Council of Europe member states adopted both a declaration and a plan of action at the October 1993 Vienna Summit. In the declaration, they inter alia committed themselves to "strengthening national laws and international instruments" in this field, and to take "appropriate measures at national and European level". They also undertook to "combat all ideologies, policies and practices constituting an incitement to racial hatred, violence and discrimination, as well as any action or language likely to strengthen fears and tensions between groups from different racial, ethnic, national, religious or social backgrounds". To this end, the plan of action was adopted.
34. This plan of action included the launch of a broad European Youth campaign, as the Assembly had recommended. In the plan the heads of state and government invited member states to reinforce guarantees against all forms of discrimination and, to this end, to re-examine without delay their legislation and regulations, to assure the effective implementation of legislation aimed at combating racism and discrimination, and to reinforce and implement preventive measures, giving special attention to awareness-raising and confidence-building measures.
35. The plan of action also established a committee of experts - however, not a committee of independent experts, as the Assembly had recommended, but a Committee of governmental experts. In the view of the Assembly, this committee should have, amongst other things, monitored member states' compliance with international obligations. Unfortunately the committee of experts created has no such mandate. It is only allowed to review member states' legislation and policies (and their effectiveness), making proposals on further action at local, national and European level, to formulate general policy recommendations and to study international instruments applicable in the matter with a view to their reinforcement where appropriate. Personally, I find it regrettable that no stronger control-mechanism was created, even if the establishment of this committee is already a step in the right direction.
ii. European Youth Campaign against Racism, Xenophobia, Anti-Semitism and Intolerance
36. The European Youth Campaign against racism, xenophobia, anti-semitism and intolerance foreseen in the plan of action was launched under the banner "all different-all equal" with an official ceremony in Strasbourg on 10 December 1994, in which amongst, others, Assembly President Mr Martinez and the Chairman in Office of the Committee of Ministers, Mr Michaelides, took part. The campaign, which is to last a year, has been organised both on a European and a national level, through the creation of national campaign committees in European states (including states not yet members of the Council of Europe).
37. Of course, it is difficult to evaluate the success of the campaign at this stage, especially since many highlights of the campaign are yet to come, such as the "European Youth Trains" project, which will bring hundreds of young people from all corners of Europe together to celebrate European Youth Week (9 to 16 July 1995). The trains, on their six-day trip to Strasbourg, will also act as a focus for local events during visits to towns and cities along their routes, each train focusing on one particular topic, such as solidarity, tolerance, or memory and future.
38. Giving an intermediate evaluation of the campaign at this stage, I would say that it has, broadly speaking, been a success, though it did have some ups and downs. On the positive side, the campaign seems to be very well organised on the European level. I was particularly impressed with the high-quality two-monthly newsletter of the campaign, and the memorable opening ceremony. On the negative side, the formation (and recognition) of national campaign committees seems to have taken more time than anticipated, so that not all committees were in working order by the time the campaign started. The Assembly should certainly be willing to go on giving every support to this very important part of the action plan.
iii. European Commission against Racism and Intolerance
39. The European Commission against Racism and Intolerance (ECRI), even though its powers are limited and it is composed only of governmental, not independent experts, has done some very valuable work since it was created. The Commission has split itself up into several working groups which tackle different questions of both a legal and a non-legal nature. The strength of the Commission, whose meetings I have the honour of attending, for me seems to lie in the combination of lawyers, sociologists, psychologists and other professions, which allows for an appropriately interdisciplinary approach.
40. As far as the results of ECRI's work up till now are concerned, the following documents6 seem to me most noteworthy: The "Basic checklist of non-legal measures which might be adopted to promote tolerance", the (very detailed 400-page) report by the Swiss Institute of Comparative Law on "Legal measures to combat racism and intolerance in the member states of the Council of Europe" and the draft report on the strengthening of the non-discrimination clause (Article 14) of the European Convention on Human Rights by one of the working groups.
41. Due to the high quality of ECRI's work so far, I think that there is a case to be made for strengthening its mandate and increasing its resources. To return to one of the proposals the Assembly made in Recommendation 1222 (1993), ECRI should be given the responsibility to monitor member states' legislation and practice (and their compliance with international legal obligations), in addition to just studying them. Of course, the activities of other competent steering committees should also be supported.
iv. Other recommendations of the Assembly so far not taken into account
42. One of the most important recommendations of the Assembly, which has been repeated again and again in different reports, is the creation of a European refugee commission or forum - in close co-operation with the Office of the United Nations High Commissioner for Refugees (UNHCR), of course - to promote, inter alia, policies and measures which would be aimed at improving solidarity between member states as regards the consequences of receiving refugees and asylum-seekers. In Recommendation 1236 (1994) on the right of asylum the appointment of a European High Commissioner for Refugees (without prejudice to the mandate of United Nations High Commissioner) was proposed, as a means to getting to the roots of current problems in member states regarding asylum-seekers, refugees, and the tide of xenophobia engulfing them. It is very regrettable that neither of these recommendations has been followed up by the Committee of Ministers.
43. Another, more general, recommendation of the Assembly to the Committee of Ministers which has yet to be implemented, has been to institute some kind of control-mechanism on Council of Europe level with more powers to, for example, formulate and enforce guidelines, than existing fora can presently command. This proposal has been made regarding discrimination, racism, refugees, and other fields. In this context the revision of the non-discrimination clause in Article 14 of the European Convention on Human Rights should also be mentioned, which seems to be progressing rather slowly.
D. SUGGESTED FUTURE CONTRIBUTION OF THE ASSEMBLY
44. As can already be seen from paragraph C.1., the Assembly has always supported the fight against racism, anti-semitism, xenophobia and intolerance. The Assembly also supported the plan of action adopted by the Heads of State and Government of the member states in Vienna from the outset, as well as the ensuing mobilisation of all the Organisation's resources. It has clearly stated its firm intention of being involved in the different phases of its implementation.
45. As its own contribution towards the action plan, the Assembly is holding an afternoon of debates on reports dealing with the themes of the campaign against racism and intolerance during this June part-session. Of course, it also wishes to take part in as many as possible of the initiatives designed to counter these negative trends that undermine our societies.
46. However, bearing in mind its role as guardian of democratic values, the Assembly considers that it should go further and take some specific additional action, my proposals of which figure below.
1. Measures to prevent the use of racist language in the Assembly
47. I have thought long and hard on which measures the Assembly could take to prevent the use of racist language, especially during sessions and in committee. Our current Rules of Procedure only forbids "to make use of words and expressions whose meaning bears an affront to the dignity of peoples" (Rule 12 para. 6). Not that this provision has had to be used very often in the past - nor, do I hope, will any new wider provision have to be used very often in the future - but this rule obviously does not cover the current needs of our society.
48. The reason why I have nevertheless hesitated in suggesting to update this rule, lies in the danger of impeding the freedom of speech by over-regulating what language is, or is not, acceptable in debate. From the examples of some American universities, whose codes of "politically correct" speech go far beyond what I could ever support, I have realised that it is very dangerous to enforce too tight restrictions.
49. To come out of this dilemma, I propose that the Assembly adopt a draft order, implementing measures to prevent the airing of statements inciting to racial hatred, notably during plenary Assembly debates and in committee. I would like to leave the delicate matter of accordingly re-formulating Rule 12 para. 6 of the Rules of Procedure to the Committee on Rules of Procedure and our own Committee. However, I have expressly pointed out that the new provisions are not to be interpreted too broadly, so as not to fall into the "political correctness"-trap, where the freedom of speech (of parliamentarians in particular) is no longer guaranteed.
2. Participation in European Youth Week (9-16 July 1995)
50. As already mentioned in paragraph C.2.ii., one of the highlights of the European Youth Campaign against racism, xenophobia, anti-semitism and intolerance is "European Youth Week" from 9 to 16 July 1995 in Strasbourg. This week, following the arrival of up to six trains from all corners of Europe carrying young people to participate in this event, will bring thousands of young people together for a seven-day celebration of cultural diversity. The Assembly will, of course, actively support (and take part in) this event, considering that today's young people will be shaping the future of Europe in a few years time.
51. The organisers of the campaign, as well as several youth organisations, have voiced an interest in meeting with members of the Assembly in the framework of European Youth Week. The exact participation of individual parliamentarians naturally remains to be arranged, but I think a delegation of the Assembly should react (in person) to the conclusions of European Youth Week on Saturday 15 July 1995. In any case, all members of the Assembly should be encouraged to take part in this very important event.
3. Other contributions
52. Amongst other contributions the Assembly could make, a seminar on the role of consultative bodies (national parliaments, local and regional elected authorities) in the fight against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance could be promoted. Perhaps the Committee on Parliamentary and Public Relations and the Committee on the Environment, Regional Planning and Local Authorities could look into this possibility.
53. Furthermore, a seminar on equality and non-discrimination institutions (such as Ombudsmen or Commissions) in this area could also be envisaged. For such a seminar, members of international bodies such as the UN Committee on Racial Discrimination could be invited, as well as representatives of national, regional and local bodies.
54. Assembly Committees might also want to organise special North-South or East-West hearings on regional problems of ethnic, racial and religious intolerance.
55. It should go without saying that the relevant Assembly Committees will continue to actively participate in and support the work in the fight against racism and intolerance. The Assembly will also go on monitoring the future developments in this field on the national level and international level, with particular emphasis on the Council of Europe Committee of Ministers.
E. RECOMMENDATIONS TO THE COMMITTEE OF MINISTERS
56. I intend to conclude this report with recommendations I feel the Assembly should make to the Committee of Ministers and member states. Some of these recommendations are not new; they are solely reiterations of important recommendations the Assembly has made in the past which the Committee of Ministers has not followed up upon, yet (see chapter C). Other recommendations logically follow from my observations at the beginning of this report, in chapters A and B. I sincerely hope that the Committee of Ministers and member states will take into account my recommendations and take positive action on them.
1. Recommendations to the Committee of Ministers on Council of Europe policy
57. First of all, the mandate of the European Commission on Racism and Intolerance (ECRI) should be strengthened to include the responsibility to monitor member states' legislation and practice (and their compliance with international legal obligations), in addition to just studying them. ECRI's enlarged mandate should also include the laying down of guidelines and common principles for a Europe-wide strategy in the fight against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance. In this respect ECRI should also be encouraged to continue its valuable work on the reform of the non-discrimination clause in the European Convention on Human Rights (Article 14). It goes without saying that ECRI's resources also need to be increased, should these recommendations be accepted.
58. I would also like to take up the proposal of the Assembly first made in Recommendation 1236 (1994) to appoint a European High Commissioner for Refugees (without prejudice to the mandate of United Nations High Commissioner), as a means of getting to the roots of problems in member states regarding asylum-seekers, refugees, and the tide of xenophobia currently engulfing them. His or her mandate should include:
i. developing guidelines to be observed by all member states of the Council of Europe in the field of asylum-seekers, refugees and stateless persons - basing itself scrupulously on the 1951 Geneva Convention, its 1967 New York Protocol, and the work of UNHCR;
ii. promoting, inter alia, policies and measures which would be aimed at improving solidarity between member states as regards the consequences of receiving refugees and asylum-seekers.
59. The Committee of Ministers should include the Assembly in all its activities regarding the fights against racism, xenophobia, anti-semitism, and all religious and other forms of intolerance, as much as possible, and should keep it informed of all relevant developments in the field, especially on the work of the European Commission against Racism and Intolerance.
2. Recommendations to national governments via the Committee of Ministers
i. Non-legal measures
60. It is widely agreed that the fight against racism and intolerance can only be effective if it is directed at the economic, sociological and psychological roots of these phenomena. There are several proposals I would like to make to the governments of member states on possibilities of attacking the root causes of racism:
61. Since one of the main causes of intolerance can be identified as the fear of the different and the "other", education and knowledge are the decisive antidote to intolerance. In this area, governments might want to fund more generously the development of teaching programmes inspired by the spirit of tolerance and respect for cultural, ethnic and religious diversity, because democracy starts at school. Information about other cultures and religions could be submitted to minors already in the first years of school in a comprehensible and appealing form - one could think of introducing such subjects as "history of world religions" and even classes for children on fairy-tales and legends of different cultures. Special grants and competitions could be organised for relevant textbooks in the humanities.
62. The issue of teaching history, which I understand will be treated in a separate report of the Committee on Culture and Education in the near future, is of particular importance in countries where, due to dramatic historical changes, national history is being rediscovered or is even at the outset of its existence - the situation in the Baltic states or in some of the former republics of Yugoslavia are the best examples.
63. Cultural exchange should be promoted, especially for secondary school and university students. The Erasmus programme of the European Union has demonstrated positive results. Efforts could be made to develop similar programmes with a pan-European perspective, between students from countries having less intensive cultural contacts.
64. The participation of representatives of minorities and migrants in decision-making bodies that concern them, as outlined in chapter B, such as parents in school councils, or workers on staff committees, should be encouraged by the governments of member states.
65. Major importance should be attached to research on migrant and minority culture, history and religion. Governments of member states should consider supporting such research financially. Its results should be given wide publicity.
66. Most member states of the Council of Europe are already conducting nationwide awareness-raising campaigns (although there seem to be somewhat more activities in countries which have a longer experience in hosting migrant workers or dealing with minorities). These campaigns should continue to be supported by governments, and should be developed and put into place in those countries which so far have not conducted any.
67. Last but not least, I would like to draw attention to the enormous power of media and of television. Member states could subsidise programmes promoting the spirit of tolerance and mutual understanding, for example information programmes on the history of religion and culture with an accent on that of non-traditional religions and cultures. A serious debate on tolerance and cultural diversity could thus be developed in an accessible and interesting framework, perhaps through public TV channels. The selection of programmes to be subsidised should, of course, be carried out in an independent way, in order to prevent any possible manipulation or abuse on the part of government authorities.
68. I would also like to draw attention to the report of the Committee on Migration, Refugees and Demography in this field, which is going to be discussed at this same June part-session of the Assembly, as well as to the report on the power of the visual image, to be presented by the Committee on Culture and Education.
69. Again in the field of media, the Assembly should reiterate its call upon the governments of member states to encourage the development of self-regulatory codes of conduct, as it did in its Recommendation 1215 (1993) on the ethics of journalism, setting professional and ethic standards for journalists and broadcasters which prohibit the instigation to racial discrimination, violence, hatred and intolerance without limiting the freedom of speech.
70. To this end, the setting up and the active functioning of self-regulatory bodies supervising the implementation of these standards should be promoted; due publicity should naturally be given to decisions condemning programmes of racist, anti-semitism and xenophobic nature.
71. The governments of member states could also provide financial and technical support to projects on minorities, immigrants and other disadvantaged groups in society. Support to electronic media projects in these fields could be one of the cornerstones of such a policy.
72. The employment of journalists from disadvantaged minority groups (such as the Roma and the Sinti), or from immigrant groups might be encouraged in public-owned media. The training of journalists in tolerance-promoting journalism would also be a worthwhile measure.
ii. Legal measures
73. In the field of legal measures, first of all, pressure should be exerted upon member states to abolish still existent legislation and practices which have a direct or indirect discriminating effect. Secondly, it may be recommended that a non-discrimination clause and an express prohibition of racism and anti-semitism be introduced into national constitutions.
74. As already recommended in Recommendation 1236 (1994), member states should be urged, as a general measure, to incorporate in their domestic law, and implement in practice, minority rights in line with Recommendation 1201 (1993) of the Assembly, and provisions aiming at preventing or reducing statelessness, in order to attack the roots of our current problems.
75. In the field of criminal law the Swedish example (mentioned in chapter B) of making the racist nature of an offence an aggravating circumstance seems like a good way of enhancing the deterring effect of criminal law. The ex-post control over discriminatory practices may also be strengthened. However, in this a balance between freedom of the press, of expression and opinion on the one side, and the protection of the public against racism and discrimination, on the other side, must be found.
76. As far as discrimination in connection with employment, vocational training, education, housing, supply of goods or services, etc. is concerned, my personal view is that administrative and civil law measures may be more likely to produce the desired effect than criminal prosecution.
77. As far as positive measures are concerned, the Committee of Ministers should call on member states to grant voting rights in local elections to resident aliens (after a certain period of residence in the respective country), since this has been showing good integrating results in the countries which have already adopted this measure.
78. In the international sphere, the Assembly should recommend to all member states who have not yet done so, to sign and ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the European Framework Convention for the Protection of National Minorities, as well as the European Charter on Regional and Minority Languages.
79. As a final general comment, I would like to point out that legislation is hardly of any use if it remains only on paper. Therefore measures should be taken by member states to inform the public, especially lawyers and the target minority and other vulnerable groups, on these legal provisions. The setting up of an ombud- or commission-type institution on racism and intolerance could be invaluable in this respect. Such bodies should be created both on the central and on the local level, and should have consultative and supervisory functions on the problems of racism, xenophobia, anti-semitism, all religious and other forms of intolerance with the authorisation to examine individual complaints. Providing legal assistance for disadvantaged minority and migrant groups by university students, in particular in areas of ethnic and social tension, could also be of help.
APPENDIX I
Selected Recommendations and Resolutions
adopted by the Parliamentary Assembly
concerning the fight against racism, anti-semitism, xenophobia
and intolerance since 1980
Recommendation 1255 (1995)
on the protection of the rights of national minorities
Recommendation 1236 (1994)
on the right of asylum
Recommendation 1231 (1994)
on the follow-up to the Council of Europe Vienna Summit
Recommendation 1222 (1993)
on the fight against racism, xenophobia and intolerance
Recommendation 1215 (1993)
on the ethics of journalism
Recommendation 1211 (1993)
on clandestine migration: traffickers and employers
of clandestine migrants
Recommendation 1206 (1993)
on the integration of migrants and community relations
Recommendation 1204 (1993)
on the creation of a transitional mechanism for
the protection of human rights for European non-member
states of the Council of Europe
Recommandation 1203 (1993)
on Gypsies in Europe
Recommendation 1202 (1993)
on religious tolerance in a democratic society
Recommendation 1201 (1993)
on an additional protocol on the rights of national minorities to the European Convention on Human Rights
Recommendation 1187 (1992)
on relations between migrants and trade unions
Recommendation 1162 (1991)
on the contribution of the Islamic civilisation to
European culture
Recommendation 1154 (1991)
on North African migrants in Europe
Recommendation 1125 (1990)
on the new immigration countries
Recommendation 1089 (1988)
on improving community relations
Recommandation 1082 (1988)
on the right of permanent residence
for migrant workers and members of their families
Resolution 885 (1987)
on the Jewish contribution to European culture
Recommendation 1034 (1986)
on the improvement in Europe of mutual understanding
between ethnic communities "daring to live together"
Recommendation 968 (1983)
on xenophobic attitudes and movements in member states
countries with regards to migrant workers
Recommendation 963 (1983)
on cultural and educational means of reducing violence
Resolution 743 (1980)
on the need to combat resurgent fascist propaganda and
its racist aspects
Reporting committee: Committee on Legal Affairs and Human Rights
Budgetary implications for the Assembly: none
Reference to committee: Doc. 6349, Reference No. 1711 of 28 January 1991 and Doc. 6569, Reference No. 1772 of 11 March 1992
Draft resolution adopted by the committee on 29 May 1995 with 19 votes in favour, no votes against and 1 abstention, draft order adopted unanimously
Members of the committee: Mrs Err (Chairperson), MM. Schwimmer, Jansson, (Vice-Chairpersons), Amaral, Arnalds, Bartumeu Cassany, Bentkowski (alternate: Bartodziej) Berti, Bindig, Borg, Bučar, Candal, Cioni, Columberg, Croze, Endziņš, Fogaš, Frunda, Fry, Fuhrmann, Galanos, Mrs Gelderblom-Lankhout, MM. Guenov, Hagĺrd, Mrs Holand, MM. Hunault, Inönü, Mrs Jaani, MM. Jaskiernia, Kairys, Karas, Kastanidis, Kempinaire, Kirca, Lord Kirkhill, MM. Koschyk, Loutfi, van der Maelen, Maginas, McDowell, Mészáros (alternate: Jeszenszky), Moeller, Németh, Poppe, Rathbone, Rhinow, Robles Fraga (alternate: López Henares), Rodeghiero, Mrs Scopelliti, MM. Severin, Solé Tura, Mrs Soutendijk-van Appeldoorn (alternate: Woltjer), Mrs Theorin, MM. Trojan, Vinçon, Mrs Wohlwend.
N.B. The names of those members who took part in the vote are printed in italics.
Secretaries to the committee: Mr Plate, Ms Bakardjieva and Ms Kleinsorge.
1 1 This document is available from the Secretariat of ECRI.
2 2 I do not want to give any preference for either policy here, since this would lead me into the general debate on regulation versus deregulation, which would obviously go far beyond my mandate in drawing up this report. However, I think that it is clear that the freedom of expression should be protected, even if extreme cases of racist or anti-semitic propaganda cannot be tolerated. What is needed in this field is a balanced and careful approach.
3 3 In Belgium the Centre for Equal opportunities and Fight Against Racism received 469 complaints in only half a year.
4 4 I admit that my opinion on this planned observatory is rather ambivalent. On the one hand, I welcome any new concerted action in the fight against racism and intolerance, on the other hand, racism and intolerance do not stop at the borders of the European Union, so perhaps the Council of Europe, with its much larger membership, would be the more appropriate body for such an observatory.
5 5
Doc. CAHLI (94) 4, available from the Secretariat.
6 6 Please contact the Secretariat of ECRI for further details.