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Doc. 6937
1403-28/9/93-5-E
OPINION
on the fight against racism, xenophobia and intolerance1
(Rapporteur: Mr LOPEZ HENARES
Spain, Group of the European People's Party)
1. Racism, xenophobia and intolerance resurface all too regularly, as demonstrated by the numerous texts adopted by the Parliamentary Assembly and by Committee of Ministers resolutions. Most of these texts are drawn up in response to incidents which public opinion deems particularly abhorrent, such as those which gave rise to the present report: acts of violence resulting in the death of several individuals, including children, or the desecration of Jewish graves.
2. These phenomena could be analysed as the foreseeable consequences of recession and unemployment. What is new, however, is the reappearance on the political scene of extreme right-wing parties which openly call for the deportation of foreigners, discrimination and exclusion. Moreover, the use of racist language for electoral purposes by certain politicians who enjoy parliamentary immunity has had a substantial impact on people looking for a scapegoat.
3. Perversely, the very existence of these extreme right-wing parties leads to the passing of laws which discriminate against foreigners or seek to limit the right of asylum, thus undermining the very foundations of our democracies.
4. Another phenomenon that is taking on alarming proportions is anti-semitism. On the increase virtually throughout Europe, it is particularly marked in certain countries which recently joined the Council of Europe or have applied for membership, even though there are very few Jews actually living in these countries. The problem of whether anti-semitism should be handled as just another form of racism, or whether it should be dealt with as a specific phenomenon is worth examining because whereas a "foreigner" can be identified as someone who is different from the majority, Jews are not often easily distinguishable. The explanations proffered, which in any event do not provide the slightest justification for racist or xenophobic attitudes, do not shed much light on anti-semitism, and no doubt some people will regret that the term was not included in the title of this report.
5. A new phenomenon also deserves to be mentioned, although it may be more specific to certain countries: revisionism, which consists in rewriting history in order to deny the existence of gas chambers and the Holocaust and to lend credence to the theory of a Jewish plot. These theories have been devised either by the same extreme right-wing politicians, who are covered by parliamentary immunity, or by university lecturers who hide behind the principle of academic freedom.
How should we react?
6. There are two possible approaches: a positive approach, consisting in promoting ideas and attitudes which oppose any form of discrimination, intolerance, racism or xenophobia while attacking the root causes of the phenomena using the guidelines laid down in the various recommendations and declarations of the Parliamentary Assembly. This positive approach also lays great emphasis on education and information, the aim being to encourage people to reject all ideologies tending to diminish the rights of individuals or to negate equality of all human beings. Governments and public bodies can and must take effective action in these areas.
7. Initially, therefore, we must use the existing instruments, such as the United Nations International Convention on the Elimination of All Forms of Racial Discrimination, which has only been ratified by twenty-three Council of Europe member states.2 States which have not ratified it should do so. They should also make a declaration concerning Article 143 of this convention, which recognises that the Committee on the Elimination of Racial Discrimination is competent to receive and examine statements from persons or groups of persons who claim to have been the victim(s) of a violation, by a state which is party to the convention, of one of the rights enshrined therein. Even though, as emphasised by the Rapporteur of the Political Affairs Committee, this convention does not apply to "distinctions, exclusions, restrictions or preference made by a state party ... between citizens and non-citizens" — which is regrettable — it is nevertheless the case that its application by all states and the recourse provided for in Article 14 would make it possible to combat the most commonplace violations of foreigners' rights.
8. But measures aimed at the effects themselves cannot be excluded: racism, intolerance and xenophobia should no longer be considered as inevitable and must be made criminal offences. The measures adopted by some countries could serve as a model for others. France has passed a series of anti-racist laws, the latest of which is the act of 13 July 1990 to punish racist, anti-semitic and xenophobic actions. This act amends the Criminal Code by introducing an accessory penalty depriving persons found guilty of racist or anti-semitic incitement or actions of their civic rights for five years or more, which may bar them from standing for election.
Conclusions:
9. To conclude, I share the opinion of the Political Affairs Committee Rapporteur's view that it is necessary to study the causes of the phenomenon, because if we are to combat racism effectively we must know all about it, be able to describe it and ascertain how it is generated.
10. Consequently, I propose presenting the following amendments to the draft recommendation contained in the report of the Political Affairs Committee:
Add at the end of the draft recommendation a paragraph 10 reading as follows:
"10. The Assembly recommends to the Committee of Ministers to invite the member states to:
i. ratify the International Convention on the Elimination of All Forms of Racial Discrimination and subscribe to the declaration contained in Article 14 thereof;
ii. introduce or consolidate, as a matter of urgency, an active education and youth policy focusing on the fight against intolerant, racist or xenophobic attitudes;
iii. adopt laws penalising incitement to racial hatred and racist, xenophobic or anti-semitic activities.
iv. promote, by means of social communication, an active campaign against racist and xenophobic attitudes."
Add a paragraph 11 reading as follows:
"11. The Assembly recommends that the governments of the member states and local and regional authorities give priority to efforts to combat racism and xenophobia and provide institutional support and financial resources to non-governmental organisations active in this field."
Reporting committee: Political Affairs Committee (Doc. 6915).
Committee for opinion: Committee on Legal Affairs and Human Rights.
Reference to committee: Doc. 6686, Reference No. 1812 of 5 November 1992, Doc. 6687, Reference No. 1813 of 5 November 1992 and Doc. 6766, Reference No. 1847 of 5 February 1993.
Opinion approved by the committee on 27 September 1993.
Secretaries to the committee: Mr Plate, Ms Coin and Mrs Kleinsorge.
2 1 List of Council of Europe member states that have ratified the convention: Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovenia, Spain, Sweden, United Kingdom.
3 2 List of countries that have accepted Article 14: Denmark, France, Hungary, Iceland, Italy, Netherlands, Norway, Sweden.