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27 September 1993
Doc. 6935
1403-24/9/93-2-E
OPINION
on the fight against racism, xenophobia and intolerance1
(Rapporteur: Mrs ERR,
Luxembourg, Socialist Group)
1. Introduction
Over the last two years, the member states of the Council of Europe have witnessed the proliferation of acts of violence and racist crime.
In Germany alone, 2 100 attacks, which claimed seventeen victims, were recorded in 1992. The desecration of Jewish cemeteries in France and acts of provocation against the Rome Jewish community in Italy are further striking examples of this phenomenon, which is affecting all the states of the Council of Europe.
Faced with this disturbing situation, the Parliamentary Assembly of the Council of Europe, which is keenly aware of the seriousness of these problems and recognises that it has duty to ensure respect for basic rights and democratic values, has decided to draw up a report on the problems of racism and xenophobia.
The Political Affairs Committee has been instructed to prepare the report and the Committee on Culture and Education has been instructed to draw up this opinion.
This opinion is a logical follow-up to the work of the committee on cultural and educational means of reducing violence (Doc. 5013 and Recommendation 963), on the contribution of the Islamic civilisation to European culture (Doc. 6497 and Recommendation 1162), on Gypsies in Europe (Doc. 6733 and Recommendation 1203) and on religious tolerance (Doc. 6732 and Recommendation 1202).
The report and the opinion are being prepared in response to the speech by the Prime Minister of Norway, Mrs Gro Harlem Brundtland, to the Parliamentary Assembly of the Council of Europe on 4 February 1993. In her speech, the Prime Minister proposed that the heads of state and of government of the Council of Europe member states should adopt an action plan to combat racism, xenophobia and intolerance at the forthcoming summit in Vienna (6 to 9 October).
According to Mrs Gro Harlem Brundtland, the aim of the action plan would be threefold:
"first, to give new political impetus to restoring tolerance at national level, by governments and by individuals and non-governmental organisations;
secondly, to inspire a more comprehensive, cross-sectoral approach, addressing not only the symptoms but possible root causes such as poverty, socio-economic conditions and unemployment; and
thirdly, to promote closer co-operation in such endeavours between members of the Council of Europe."
Following Mrs Gro Harlem Brundtland's speech, a motion for a recommendation was tabled in which Mr Thoreson and about a hundred members of the Parliamentary Assembly supported this initiative.
2. Definitions
Before we examine in detail the measures which might be adopted by the Council of Europe and its member states to combat racism and xenophobia, the definition of these two terms should be considered.
The Unesco General Conference of 27 November 1978 defined racism as any theory which involves the claim that racial or ethnic groups are inherently superior or inferior, thus implying that some are entitled to dominate or eliminate others presumed to be inferior, or which bases value judgments on racial differentiation.
However, it is clear that, although racism focuses primarily on the notion of race, there are new forms of racism which are primarily based on cultural or religious conceptions. According to the exponents of these theories, cultural divergence makes it impossible for persons of different cultures to live together.
Xenophobia can be defined as an irrational fear of foreigners which finds expression in systematic and open hostility.
The concept of anti-semitism closely resembles these two notions and it is legitimate to ask whether it should also be included in the title of the report. For example, members of Jewish communities have frequently been the victims of racist attack, and the Council of Europe should therefore endeavour to formulate a definition of anti-racist policy which would cover all forms of exclusion on racial and religious grounds.
3. Racism and xenophobia: aspects of intolerance
As the discussion of the notion of anti-semitism shows, the concepts of racism and xenophobia should not be dealt with separately but should be subsumed under a wider concept, namely intolerance, which is the theme of this opinion.
Racism often goes hand in hand with other forms of exclusion and intolerance. It is therefore essential to adopt a comprehensive approach in combating these different forms of discrimination.
Where minorities are concerned, oppression and discrimination result in different social groups being treated in a "racist" way. In addition to discrimination on the grounds of race or nationality, other examples of this are discrimination on the grounds of religion (anti-semitism, inter alia), sex (sexism), sexual orientation (homophobia), membership of a social class (classism), age (ageism) and physical and mental capacity.
Consequently, instead of focusing on one clearly defined form of intolerance, the report should cover the various manifestations of this phenomenon. The question therefore arises as to whether it would be appropriate to change to a report on the promotion of tolerance.
Finally, a report on racism should not ignore the resurgence of nationalism in many member states, as the two phenomena are often closely linked. The nationalism we have witnessed in several central and eastern European countries and, in an extreme form, in the former Yugoslavia derives from the belief in an ethnic hierarchy and the notion of the state as a nation state. This is a retrograde phenomenon. At a time when all the countries of western Europe are multicultural, citizenship can no longer be solely a matter of nationality.
4. The causes of intolerance
Like other forms of intolerance, racism and xenophobia are not new phenomena and spring from complex psychological, cultural and social factors. Of these, social and cultural factors are undoubtedly decisive.
The spectre of unemployment, worsening social problems, the persistence of injustice, ignorance and, more generally, lack of certainty are among the factors which generate suspicion of other people.
Frequently, intolerance takes the form of vague prejudice which is not based on any ideological conception but simply on feelings of jealousy regarding the supposed material advantages enjoyed by members of other ethnic groups. The simplistic view that one immigrant less would create one more job or one more place to live for a national is not based on fact but on the feelings of insecurity and vulnerability of people whose economic situation is precarious.
If we are to combat the resurgence of racism and xenophobia effectively, more determined action will be needed to eradicate the causes of these phenomena by removing the feeling of insecurity at individual and collective level.
5. Strategies for promoting tolerance
A distinction must be made between preventive and repressive measures for combating racism and xenophobia.
The first would comprise, for example, information and awareness campaigns, cultural exchange and multicultural education. The second are situated more directly in the realm of legislation and could include criminal prosecution for discrimination in the areas of employment, housing or education.
The Committee on Culture and Education believes that, in the long term, preventive rather than repressive strategies should be emphasised. Moreover, it is important to adopt a positive rather than a negative approach. For example, it is more important to initiate campaigns to encourage greater tolerance and equality than campaigns aimed at directly combating racism or discrimination.
5.1. Preventive strategies
5.1.1. The field of education and culture
Education is undoubtedly one of the priority areas for the campaign to promote tolerance. If young people are presented from a very early age with positive images of cultures and beliefs other than their own, they will clearly be able to accept the presence of foreigners more readily. Education should therefore be intercultural. Intercultural education can, in practice, take a variety of forms. Sometimes it is taken to mean paying more attention to the history, geography and culture of immigrants' countries of origin. Particular emphasis should be given to the comparative study of the history and cultural values of different religions. Others see intercultural education as anti-racist education: making students aware of their inherent racial prejudices and racist beliefs. Yet others see it in terms of human rights education, or regard it as the primary task of intercultural education to demonstrate the relative nature of all cultures.
Another important factor where education is concerned is the study of foreign languages. Prejudices very often spring from lack of comprehension and the study of foreign languages can improve understanding and thereby encourage tolerance.
Education and culture have long been two major areas of concern for the Council of Europe. In December 1989, the Council for Cultural Co-operation of the Council of Europe organised a multidisciplinary conference on the educational and cultural aspects of community relations.
In the conference conclusions, the CDCC stated, in particular, that:
"— studies in this field should be based on the individual human being as a culture-bearer, rather than on cultures viewed as systems or institutions;
—th e idea of an antithesis between 'host country culture' and 'migrant culture' should be abandoned in favour of a broader conception of the cultural diversity and openness of contemporary societies which is a result of many factors of which migration is only one;—
—in tercultural education and intercultural teaching methods should be adopted so as to convey to all pupils the concept of the 'other', to enable each one to accept his or her own particular identity and then to go beyond this and understand the universality of human values;—
—be cause of the progressive stabilisation of migrant populations in their host societies, it is necessary to move on from specific measures designed to help migrants to an overall approach designed to foster equal access for each individual — whether immigrant or indigenous — to the same social, educational and cultural facilities."5.
5.1.2. The field of youth
Youth also has an important role to play in the development of strategies to promote tolerance. For example, in July 1993, the Committee on Culture and Education organised a round table between Council of Europe parliamentarians and youth organisations on strategies for combating xenophobia. The summary record of the round table is published under the reference AS/Cult (44) 50.
The representatives of the Council of Europe and of youth organisations exchanged ideas on combating racism and compared experiences in various countries. The participants enumerated a number of successful projects, which included multi-cultural centres where members of immigrant and local communities worked side by side, language courses for immigrants, multi-ethnic group visits to the immigrants' countries of origin, training courses for youth leaders, cultural exchanges, etc.
In her speech of 4 February 1993 before the Assembly, Mrs Brundtland proposed a European youth campaign as the central part of the broader plan of action. This campaign could have a core of common activities and manifestations at European level, as well as a core of common information material, assisting and inspiring parallel national campaigns in all the member countries. Such a campaign should enable the young people of Europe to unite in a common struggle for European values.
5.1.3. Codes of conduct
Where preventive measures are concerned, special consideration should be given to the voluntary codes of conduct which could be drawn up by the representatives of different professions.
These codes of ethics could lay down certain rules which the signatories state they are prepared to observe in their work and daily lives. These rules should adhere closely to the principle of non-discrimination on racial grounds.
The codes would be particularly effective in professions which have close contacts with members of immigrant communities or which are in a position to influence the attitudes of young people towards immigrants.
In this context, the example of the non-discrimination code published by primary school teachers in The Hague can be cited. It covered not only racial discrimination, but also discrimination based on religious conviction, sex, sexual preference, cultural or social and economic background or a person's physical appearance.
Similar codes could be drawn up for members of other professions and bodies, such as large companies, politicians, trade union members and cultural or sporting organisations.
A final area in which this type of ethical code could be very important is the mass media. The media play an important role in the shaping of attitudes towards immigrants. They frequently fail to carry out the task of providing information and, instead, favour sensationalism at all costs and concentrate on diffusing a negative image of events. A code of conduct for journalists could, for example, prompt journalists to refrain from referring to a person's nationality, except where genuinely necessary. On 1 July 1993 the Parliamentary Assembly adopted Recommendation 1214 and Resolution 1003 on the ethics of journalism, presented by the Committee on Culture and Education, which called on journalists to adopt such a code.
5.1.4. Tolerance-promoting bodies
Various Council of Europe countries have set up committees at national level to promote tolerance and racial equality. This is the case, for example, in the United Kingdom, with the Commission for Racial Equality, and in Sweden, which has an ombudsman to combat ethnic discrimination.
Other Council of Europe countries should be called on to follow suit and establish similar bodies to promote and co-ordinate measures to combat discrimination and promote equal opportunity for all the inhabitants of a country, irrespective of race, nationality, ethnic origin, religion or language.
Such bodies should be composed primarily of members of the relevant immigrant communities and members of immigrant support and anti-racist organisations. Moreover, the membership of these bodies should not be too rigid and young people should be encouraged to join.
It goes without saying that these commissions or councils would be called on to give their opinion on draft laws prepared by governments in the areas of immigration and integration. They could also serve as forums for discussion of the different forms of intolerance affecting our societies.
For example, these bodies could take an active part in developing strategies to promote tolerance at all levels by encouraging direct contacts between natives and foreigners, between different generations and between representatives of fringe groups and their opponents.
5.2. Strategies for suppressing intolerance
5.2.1. Anti-discrimination legislation
The objective of strategies to suppress discrimination or unequal treatment afforded to certain persons by reason of their nationality, ethnic origin or race would be to make discriminatory behaviour unlawful.
Many member states of the Council of Europe have provisions in their constitutions or laws which make discrimination illegal. A comparative study should therefore be made of the different legal instruments adopted by the member states and their effectiveness in practice with a view to establishing common principles which could be used to draw up guidelines in this area. The possibility of reversing the burden of proof in the case of prosecution for discriminatory acts should also be considered.
Anti-discrimination laws could cover different types of offence:
—wo rds, actions and publications which constitute an incitement to racial hatred, violence or discrimination;—
—di scriminatory behaviour on the part of public officials in the performance of their duties;—
—di scrimination by private individuals or institutions in such areas as: housing, employment, training and education, the provision of goods and services.Ho
However, such measures will only be effective where public opinion understands that they are necessary, important and just. They must therefore be accompanied by schemes to provide education and information like those referred to in the previous chapter. This is the only way to ensure that the public is prepared to co-operate in establishing facts which could lead to prosecution for discriminatory behaviour.
5.2.2. International instruments
a. United Nations Convention on the Elimination of All Forms of Racial Discrimination
Article 2 (d) of the Convention stipulates:
"Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstance, racial discrimination by any persons, group or organisation".
Although 128 countries have ratified the convention, only fourteen have accepted the individual right to petition the Committee for the Elimination of Racial Discrimination established by Article 14 of the convention. (The Council of Europe member states which did so are Denmark, France, Hungary, Iceland, Italy, the Netherlands, Norway and Sweden).
The petition procedure deserves to be better known, as it provides a potential means of combating manifestations of racism and xenophobia. Steps should therefore be taken to make lawyers and interested bodies aware of its existence.
In addition, the member states of the Council of Europe should be called on to approve the right of individual petition provided by the convention.
b. International Covenant on Civil and Political Rights
Article 26 of the covenant stipulates that:
"... the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race...".
The covenant also contains an optional protocol establishing a committee with the right to examine individual complaints. However, the protocol has only been approved by forty-eight countries; these do not include all the member states of the Council of Europe.
It would therefore be expedient to call on all the member states of the Council of Europe to approve the protocol, to inform lawyers and non-governmental bodies involved in the defence of immigrants' rights of its provisions and to urge all member states to adopt the protocol so as to strengthen legal protection against racial discrimination.
c. European Convention for the Protection of Human Rights and Fundamental Freedoms
The European Convention on Human Rights only bars discrimination with respect to "the enjoyment of the rights and freedoms set forth in [the] Convention" (Article 14). The Parliamentary Assembly has proposed on many occasions that the scope of Article 14 should be extended to include other forms of discrimination. To date, however, the governments have hesitated to take this step.
The heads of state and government of the member states of the Council of Europe should be called to reconsider this question at the forthcoming summit in Vienna and to use that occasion to widen the scope of Article 14.
Conclusions
In conclusion, I should like to express my support for Mrs Gro Harlem Brundtland's initiative in calling on the Council of Europe to adopt a plan of action to combat racism, xenophobia and intolerance, including a European youth campaign as a central part.
I support the opinion of the Political Affairs Committee Rapporteur with regard to the need for a detailed study of the causes of racism and xenophobia, although it is not clear what practical use such studies serve.
In addition, I am submitting amendments to the draft report of the Political Affairs Committee (Doc. 6915).
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Reporting committee: Political Affairs Committee (Doc. 6915).
Committee for opinion: Committee on Culture and Education (and other competent committees).
Reference to committee: Doc. 6766 and Reference No. 1894 of 3 September 1993.
Opinion approved by the committee on 21 September 1993.