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A. Draft resolution
(open)
Report | Doc. 15306 | 07 June 2021
Combating Afrophobia, or anti-Black racism, in Europe
Committee on Equality and Non-Discrimination
Summary
In spite of anti-discrimination legislation and policies, Afrophobia, or anti-Black racism, is still rife in Europe. People of African descent and black Europeans face prejudice and abuse, hate speech, including in public and political discourse, barriers in access to quality education, healthcare and housing. Their representation in public and political life is very low.
In 2020, protests against racism following the brutal death of George Floyd and the disproportionate impact of Covid-19 on people of African descent and black Europeans raised public awareness of the severity of Afrophobia. They also triggered stronger support by leading public personalities in Europe, opening a “window of opportunity” for counteraction.
Contemporary racism is rooted in colonial history, enslavement and the transatlantic slave trade. Council of Europe member States should acknowledge this link, recognise Afrophobia, or anti-Black racism, as a specific form of racism, and introduce education, information and awareness-raising measures to counter it. They should design and implement anti-racism action plans, supported by data that are disaggregated by ethnic origin.
A. Draft resolution 
(open)1. Afrophobia, or anti-Black racism,
is a form of racism that targets people of African descent and black people
and manifests itself through acts of direct, indirect and institutional
discrimination, as well as violence, including hate speech. Based
on socially constructed ideas of “race” and reflecting the groundless
belief that certain “racial” groups are biologically or culturally
inferior to others, Afrophobia seeks to dehumanise and deny the
dignity of its victims.
2. In spite of national antidiscrimination legislation and policies
and international human rights obligations of Council of Europe
member States, racism, including Afrophobia, is still rife in Europe.
3. An estimated 15 million people of African descent and black
Europeans are part of the population of our continent, either as
migrants or established for generations. They come from all walks
of life and have contributed to Europe’s development and culture
for centuries. Their contribution is not adequately recognised and
even the numerical size of this group is not acknowledged, due to
data collection regulations in some countries that do not take into
consideration ethnic origin. This lack of data hinders the design,
implementation, and assessment of antidiscrimination measures.
4. In 2020, the tragic death of George Floyd due to police violence,
followed by widespread protests on both sides of the Atlantic, and
the disproportionate impact of the Covid19 pandemic on people of
African descent and black people (among other vulnerable minorities)
have sparked new awareness among Europeans of the extent and severity
of Afrophobia. Increased public awareness, together with strong
support to anti-racist protests from political leaders at national
and European level, have opened a window of opportunity that should
be seized without hesitation.
5. The Parliamentary Assembly observes that racism is rooted
in colonial history and that the injustice of colonisation and enslavement
is still reflected in today’s structural and institutional discrimination
against people of African descent in Europe. Racism, including Afrophobia
or anti-Black racism, fatally undermines the mission and core values
of the Council of Europe and eradicating it must be an absolute
priority for the Organisation and its member States.
6. The Assembly reiterates that public figures, including politicians,
have an important role to play in combating racism in all its forms,
and firmly condemns the use of xenophobic and racist rhetoric and propaganda,
particularly in these contexts. A proactive and concerted effort
is required to counter racism, including Afrophobia; remaining silent
in the face of its manifestations can only perpetuate inequality
and discrimination.
7. The Assembly stresses that education is key to combating racism
and that the cultural industries, including traditional and online
media, should embrace diversity and promote a culture of inclusion
that firmly rejects racism and xenophobia.
8. The Assembly recalls its Resolution
1968 (2014) “Tackling racism in the police” and most recently Resolution
2364 (2021) “Ethnic profiling in Europe: a matter of great concern”,
in which it called on member States to take determined action against
ethnic profiling through a range of measures, including ensuring diversity
in the recruitment of police forces so as to reflect the diversity
of the population, as well as Resolution 2339
(2020) “Upholding human rights in times of crisis and pandemics:
gender, equality and non-discrimination”, which highlighted that
people of African descent, among others, have been disproportionately affected
by the Covid-19 pandemic due to persisting inequalities.
9. The Assembly supports the International Decade for People
of African Descent (2015-2024) proclaimed by the United Nations
and supports the activities of its relevant specialised agencies,
bodies and procedures, particularly at European level. It welcomes
the adoption by the European Commission Anti-racism Action Plan 2020-2025.
10. The Assembly commends the work of the European Commission
against Racism and Intolerance (ECRI), reiterates its full support
to the Commission and highlights the need for Council of Europe
member States to effectively implement its standards.
11. In the light of these considerations, the Assembly calls on
the Council of Europe member States to take determined action to
eradicate Afrophobia, or anti-Black racism, and all other forms
of racism and to:
11.1. recognise
Afrophobia, or anti-black racism, as a specific form of racism;
11.2. endeavour to recognise the legacy and negative impact
of colonialism, enslavement and the transatlantic slave trade and
consider introducing reparations schemes and establishing ad hoc
truth commissions to this end;
11.3. develop national action plans to counter racism, associating
people of African descent and black Europeans in the design, implementation
and evaluation of measures; action plans should address structural
discrimination, including at institutional level, as well as multiple
and intersectional discrimination, in all areas including employment,
political representation, policing, access to justice, goods and
services, to healthcare, to housing and to quality education;
11.4. raise public awareness of racism, including Afrophobia
or anti-Black racism, by organising or supporting relevant campaigns
and activities, including events such as the African Week organised yearly
in Brussels or initiatives like the Black History Month currently
observed in Ireland, the Netherlands and the United Kingdom, as
well as cultural activities in libraries, archives and museums that
acknowledge and empower people of African descent and black people
and their positive contribution;
11.5. ensure that colonial history is part of school curricula,
as well as teaching about the historic presence of people of African
descent in Europe and their contribution to its economy, culture
and society;
11.6. ensure that the negative and stereotypical portrayal of
people of African descent is removed from educational material and
from the media, including information and advertising;
11.7. collect equality data disaggregated by ethnic origin,
based on self-identification, anonymity and informed consent;
11.8. support civil society organisations active in the area
of antiracism and ensure they have adequate access to public funding.
12. The Assembly invites national parliaments to:
12.1. encourage the creation of caucuses
and intergroups representing people of African descent within elected
bodies at national and European level;
12.2. ensure that rules of procedures and ethical codes prohibit
the use of racist and xenophobic language, with adequate disciplinary
sanctions for non-compliance;
12.3. support the No Hate Parliamentary Alliance, its mandate
and its functioning.
13. The Assembly supports the initiative of updating and relaunching
the Charter of European political parties for a non-racist society
as a tool for combating racism and hate-speech, and for promoting
political representation of racialised groups including people of
African descent.
B. Explanatory memorandum by Mr Momodou Malcolm Jallow, Rapporteur
(open)1. Introduction
1. Afrophobia is a form of racism
that targets black people and manifests itself through acts of direct, indirect
and structural discrimination, as well as violence, including hate
speech. Based on socially constructed ideas of “race” and reflecting
the groundless belief that certain “racial” groups are biologically
or culturally inferior to others, Afrophobia seeks to dehumanise
and deny the dignity of its victims.
2. The term Afrophobia to indicate discrimination against people
of African descent has become widely accepted in the last few years
and is used by human rights activists and organisations both at intergovernmental
and non-governmental level. While the suffix -phobia literally refers
to fear, it is used in this case to indicate bias and discrimination,
as in other terms such as xenophobia, Islamophobia and homo-, bi- and
transphobia. I consider the term “anti-black racism” to be equivalent
in meaning and also acceptable.
3. An estimated 15 million people of African descent and black
Europeans are part of the population of our continent and they are
confronted with racism and discrimination on a daily basis. The
lack of precise figures on the numerical size of this group is correlated
with the regulations on data collection currently in force in a number
of Council of Europe member States, which rule out data disaggregated
by ethnic origin. This hinders the design, implementation and assessment
of antidiscrimination policies in this area.
4. In 2020, the tragic death of George Floyd at the hands of
the police, followed by large protests on both sides of the Atlantic,
and the disproportionate impact of the Covid-19 pandemic on, among
other groups, people of African descent, has sparked a new awareness
in Europe of the extent and severity of Afrophobia. Public awareness
of the problem, together with the strong support from public figures
and political leaders for anti-racist protests, has opened a window
of opportunity that should be seized without hesitation by decision makers
across member States.
5. The preparation of this report included a range of activities
including several hearings, webinars and fact-finding visits to
Germany and the United Kingdom. Due to the public health situation,
the visits were conducted online. I would like to thank the delegations
of these two member States for their support in the organisation
of the visits,
6. The first hearing was held in Strasbourg on 30 January 2020,
with the participation of Ms Mireille Fanon-Mendes-France, a legal
expert, former member of the United Nations’ Working Group of Experts
on People of African Descent and current Chair of the Frantz Fanon
Foundation, and Mr Wouter Van Bellingen, a member of the Board of
the European Network Against Racism (ENAR). Dr Mischa Thompson of
the Helsinki Commission (based in Washington DC, United States)
was also invited to take part in the hearing, and although she was
unable to participate in person, she kindly provided me with a written
contribution.
7. On 1July 2020, a webinar on “Taking
a stand against systemic discrimination and institutional racism
in Europe: parliamentary response” organised by the Committee on
Equality and Non-Discrimination focused on the current situation
in Europe, and the developments in the United States after the violent
death of George Floyd as a result of police brutality and the protests
that followed on both sides of the Atlantic.
2. Colonialism and slavery among the root causes of Afrophobia
8. Among the root causes of racism
in Europe, colonialism has a particularly important place. This
was widely discussed at the hearing of 30 January 2020. Ms Mireille
Fanon-Mendes-France, in particular, was firm in her belief that
there is a deep correlation between colonial history and racism,
which in turn was closely correlated with capitalism. The continuous
quest for new, cheaper resources, typical of capitalism, pushed European
powers to turn to Africa and forcibly take control of vast sections
of this continent, seize the land and exploit their populations.
This, said the expert, was the result of the unacceptable idea that
humankind was divided in two groups, those who owned all the wealth
and those who owned nothing. Black Africans, in the eyes of colonisers,
were destined to be the ones left with nothing. According to Ms Fanon-Mendes-France,
this vision has never really disappeared: racism is still rife in
Europe and is linked to an attitude that accepts such economic inequality
between black and white people. The dire economic situation of territories
mainly inhabited by people of African descent in European countries,
such as France’s overseas territories or the Dutch Caribbean, and
the fact that this situation is completely ignored by their governments,
Ms Fanon-Mendes-France says, clearly confirms the existence of a
discriminatory attitude targeting people of African descent. Afrophobia
is a particularly harsh form of discrimination, manifesting itself
in vile attacks where even public figures are not spared: as members
of government, Ms Kyenge (Italy) and Ms Taubira (France) were both abused
by fellow politicians while performing their official duties. People
of African descent have become the “others” par excellence and are
presented by some as a threat to the European way of life.
9. However, racist theories predate colonialism. While their
enduring presence may be a consequence of colonisation, the perverse
idea of a hierarchy of human “races” was certainly used to justify
this process from the onset. The perception of African people as
radically different and inferior made it acceptable for Europeans to
occupy and exploit entire countries, under the pretext of “civilising”
indigenous people. Racism in its most brutal form led to perpetrating
crimes against humanity such as enslavement and the transatlantic
slave trade. Only the complete dehumanisation of African people
at the time of colonisation can explain the process of commodification
that turned these children, women and men into the object of a despicable
trade.
10. The ideas that were used to justify enslavement, the transatlantic
slave trade and the practice of slavery seem to linger in today’s
collective conscience, in Europe and beyond. Afrophobia is fuelled
by historical abuses and enduring negative stereotyping, which have
led to the dehumanisation of people of African descent and, as a
consequence, to their exclusion. Ms Fanon-Mendes-France’s recommendations,
were mostly of a cultural nature, based on the idea that only a
better knowledge of history and a better understanding of the impact
of colonialism and capitalism can change people’s attitude towards,
and perception of, people of African descent, thus bringing about
real change.
11. I discussed this theme with my interlocutors in Germany, in
particular Mr Christian Kopp, board member of the Berlin section
of Postkolonial. A network of antiracist groups that focus their
work on spreading knowledge of colonial history, this organisation
“deals with colonial past the way they wish the general public did”.
Colonial facts such as the genocide in Namibia (the first Postkolonial
group was founded in 2007 on the occasion of the 100th anniversary
of this crime) are seldom discussed, Mr Kopp explained; moreover,
that school curricula minimise Germany’s role in colonialism, so
many people are not aware of this part of their country’s history.
And yet, Germany played a role in this process, both as a colonial
power and on the occasion of the Berlin Conference of 1884-85 which
laid the foundations for the occupation of the entire African continent by
Europeans. Aissatou Binger of the Zentralrat der afrikanischen Gemeinde
in Deutschland (Central Council of the African Community in Germany)
concurred that the impact of colonial history is still present:
the image of people of African descent reflects, in her views, ideas
and prejudice coming from the past, including from the time of the
Nazi regime.
12. Mr Andreas Nick, Chairperson of the German delegation to the
Assembly who opened the series of meetings of the online country
visit, confirmed that awareness of Germany’s colonial past was limited,
as this era had ended early in the 20th century.
However, this issue had been discussed more actively in recent years, for
instance in the context of objects of African origin exhibited in
German museums and how this had an impact on people’s perception
of persons of African descent.
13. Postkolonial groups have conducted over 30 “Decolonize!” actions
in German cities including Cologne, Hamburg and Munich, asking local
authorities to change street names glorifying those historically
involved in colonialism. Many of these actions have proved successful,
and, according to Mr Kopp, German institutions are open to discussing
the issue of colonial history, although much remained to be done.
A resolution of the German Parliament, for instance, recognised
that the colonial past was part of Germany’s history. However, while
Communism and National Socialism are referred to as criminal regimes,
colonialism is only defined in this text as part of the country’s
past, and not as a historical wrong.
14. Mr Kopp confirmed that the teaching of colonial history in
schools should be strengthened, even though changing school curricula
has proved to be a more difficult process than changing street names.
He also suggested creating a memorial of colonial history in Berlin,
which should not be simply a monument, but also an information and
documentation centre equipped with teaching facilities. Such a structure
should work on colonialism globally and not only concerning Germany.
15. My interlocutors in the United Kingdom were fully aware of
the link between colonial history and racism, in particular targeting
people of African descent, in view of the major role that this country
had in colonisation. The recent scandal of discrimination targeting
the “Windrush Generation” (workers from Caribbean countries who
arrived in the United Kingdom between 1948 and 1973) confirms how
people coming from former colonies are still vulnerable to unequal
treatment. Such discrimination is often engrained even in the country’s institutions.
16. I can only share and support the recommendation from historians
and activists that colonial history should be included in school
history curricula. I would add that the study of this part of history
should take into account the perspective of African countries and
the work of experts who are African or of African descent. The production
of knowledge of this history has always been controlled by those
who operate the wheels of power. As a result, people of African
descent have always been mere consumers of this knowledge. This
particular form of exclusion contributes to perpetuating misrepresentation
and misconceptions of people belonging to this group, thus paving
the way for other forms of discrimination against them.
3. The role of civil society: national non-governmental organisations and the European Network Against Racism (ENAR)
17. Over the last few years, civil
society organisations have seen their space shrinking and their independence
threatened by public authorities, especially in some member States.
They should be adequately supported, and their role acknowledged,
also in view of the vacuum they fill. While people of African descent and
Black Europeans are not visible enough in politics, they are well
represented by a variety of groups and non-governmental organisations.
These entities mirror the multifaceted nature of Black European communities,
bringing together people from different origins and walks of life,
and they engage in activities ranging from legal assistance to individuals
to advocacy with local authorities and central governments.
18. Numerous civil society organisations were invited to contribute
to this report, whether by participating in hearings and webinars
or through bilateral meetings during country fact-finding visits.
I consider it crucial to make use of their expertise and first-hand
knowledge of the challenges that people of African descent face
in our societies, and to take note of their recommendations.
19. I have mentioned the input I received from civil society representatives
during the visit to Germany, notably about “decolonisation”. In
the United Kingdom I met with representatives of the International
Decade for People of African Descent Coalition, BlackOut UK (a not-for-profit
social enterprise run by a volunteer collective of gay men) as well
as the Runnymede Trust and Operation Black Vote, which are among
the country’s leading independent race equality think-tanks. I also
exchanged with representatives of academia, namely Dr Eddie Bruce-Jones
of the Birbeck School of Law and Professor Gary Younge of the University
of Manchester School of Social Sciences, who have worked extensively
on the situation of people of African descent and the forms of discrimination
that they face, including structural and institutional racism, and
multiple and intersectional discrimination.
20. My interlocutors from the United Kingdom were adamant that
their country is not immune to racism and that Black and Minority
Ethnic people (this term and the acronym BME are widely used) may
face discrimination on the basis of ethnicity, language, religion,
tradition and cultural practices. However, it appears clear to me that
the cultural and political debate about racism, including Afrophobia,
is very open. As early as 1999, the McPherson report on the racially
motivated murder of Stephen Lawrence provided a definition of institutional racism
as being “the collective failure of an organisation to provide an
appropriate and professional service to people because of their
colour, culture, or ethnic origin. It can be seen or detected in
processes, attitudes and behaviour which amount to discrimination
through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping
which disadvantage minority ethnic people.” In addition,
civil society organisations defending the rights of minority groups
are numerous and visible, and the participation of these groups
in the public and political spheres is higher than in other Council
of Europe member States. Finally, I would like to highlight that the
British experience in the area of data collection is a positive
example that is worth disseminating. I will return to this subject
in more detail in paragraphs 29 and 31 of the present memorandum.
In addition,
civil society organisations defending the rights of minority groups
are numerous and visible, and the participation of these groups
in the public and political spheres is higher than in other Council
of Europe member States. Finally, I would like to highlight that the
British experience in the area of data collection is a positive
example that is worth disseminating. I will return to this subject
in more detail in paragraphs 29 and 31 of the present memorandum.21. Civil society is often best placed to identify the racist
nature of cultural traditions. Antiracist activists were the first
to criticise the figure of Black Pete, assistant of Sinterklaas
(similar to Saint Nicholas or Santa Claus) impersonated by a young
white man in black face, which is part of the traditions of the
end of the year festive season. A “Kick Out Zwarte Piet” campaign
was launched and the debate over the need to part from this tradition
has proved very divisive.
22. Also in the Netherlands, cultural initiatives have contributed
to raising awareness and enriching the debate on ethnic diversity
and racism. “Musea Bekennen Kleur”, for instance, is a collaboration
between 12 museums that intend to show “the true colours”, or in
other words to integrate diversity and inclusion in their cultural
offer and make lasting changes to current museum practices. Other
museums will be allowed to join and this experience is intended
to be shared with cultural institutions beyond Dutch borders. Also
worth mentioning are the Black Archives, a series of book collections
and artifacts from the legacy of Black Dutch writers and scientists,
focusing on race issues, racism, slavery, colonisation, gender and
feminism. Open to the public, these collections help inspire the
conversation on diversity and to generate additional cultural and artistic
productions.
23. The Europe-wide work of the ENAR is particularly important.
The Network brings together anti-racism and anti-discrimination
non-governmental organisations across Europe. ENAR conducts research, mobilisation
and advocacy. Among other things, it carries out awareness raising
activities such as the European Union People of African Descent
Week, held yearly in Brussels. In 2015, ENAR published a “Shadow report
on Afrophobia”, illustrating the severe discrimination that people
of African descent and black Europeans face. The report was and
still is a major reference in this area.
24. ENAR’s shadow report shows that discrimination is prevalent
not only in employment, with higher unemployment rates and obstacles
to career progression, but also in public life and particularly
in politics, where black Europeans are greatly under-represented.
Racial profiling, discrimination by law enforcement agencies and
difficulties in access to justice (including as victims of hate
crimes) are additional challenges faced by people of African descent.
Structural issues also include attainment gaps at schools and difficulties
in accessing by healthcare and housing.
25. ENAR’s report also underlines that the lack of reliable and
comparable data makes it more difficult to have an adequate grasp
of the situation, and for legislators and policy makers to adopt
effective measures. In some European countries, this is due to regulations
banning the collection of data disaggregated by ethnic origin, which
means that aiming to prevent discrimination sometimes leads to perpetuating
it.
26. ENAR recommends that European governments work to address
institutional forms of racism such as racial profiling and inequalities
in employment, education and housing. National governments should
allocate resources to equality policies, including on data collection
and on structural inequalities, and provide funding for grassroots
organisations working to keep records and to challenge racism.
27. To achieve that, in line with the Durban programme of action,
adopted at the World Conference against Racism in Durban, South
Africa, in 2001, member States should adopt action plans to combat
racism and, specifically, Afrophobia. These plans should recognise
the historical and structural injustices faced by people of African
descent and take concrete steps to address this. National action
plans should include the collection of equality data based on self-identification
to provide sound evidence for structural discrimination. They should set
out effective policies to address racist violence against people
of African descent, as well as tackle structural disadvantages experienced
by people of African descent in all areas of public life.
28. In the field of criminal justice, these plans need to ensure
real justice for victims of racist violence and their families,
bring racial profiling to an end and make State actors, including
criminal justice systems, accountable for abusive behaviour.
4. The need for ethnic equality data collection
29. As I previously mentioned,
in the United Kingdom ethnic disaggregated data is regularly collected, particularly
on the occasion of the census (which is held every 10 years, the
last being held 2011). In England and Wales, 18 ethnic groups are
used when governmental agencies ask for someone’s ethnicity. These
groups are part of five larger groupings, namely White, Mixed or
Multiple ethnic groups, Asian or Asian British, Black, African,
Caribbean or Black British, and Other ethnic groups. Thanks to this
system, we know that in 2011 87% of people in the United Kingdom
were White and 13% belonged to a Black, Asian, Mixed or Other ethnic
group.
30. In many member States, collecting information on individuals’
ethnic origin is wrongly considered as a potentially discriminatory
act. The idea is that if “race” does not matter, it should not even
be mentioned in official records. In fact, ethnic origin matters,
as it still exposes people to discrimination. Racism is a reality
and ignoring it does not help to address it. Data is crucial in
any area of policy making and antidiscrimination policies are no
exception. Data is necessary first of all to detect disparities
(it is difficult, for instance, to confirm the existence of discrimination
based on ethnic origin in the judiciary if the ethnicity of the
persons involved is unknown). Secondly, it is used to design effective
countermeasures, to support their implementation and to assess their
impact. The European Commission on Racism and Intolerance (ECRI)
has advocated for the collection of ethnic data since 1998, with
its General Policy Recommendation n.4 on national surveys on the experience
and perception of discrimination and racism from the point of view
of potential victims. This text stresses that “statistical data
on racist and discriminatory acts and on the situation of minority
groups in all fields of life are vital for the identification of
problems and the formulation of policies”. Ethnic data should be
collected anonymously, on the basis of self-identification and of
informed consent (the person surveyed provides information voluntarily
and is fully aware of the use that will be made of it).
31. The United Kingdom’s Race Disparity Audit is an excellent
example of ethnic data collection. The Audit was announced in 2016
by the Prime Minister “with a view to shining a light on how people
of different ethnicities are treated across public services by publishing
data held by the Government”. The report on the audit was published
in 2017 and revised in 2018. It presents an overview of the disparities
that have the greatest impact across all aspects of people’s lives
and is intended to help understanding and assessment of differences
between ethnic groups, and to identify the public services where
disparities are diminishing and those where work is needed to reduce
them. The Race Disparity Audit is an important step towards addressing inequality
and a similar exercise should be conducted in other member States.
32. The European Commission’s 2017 study on “Data collection in
the field of ethnicity” indicates that “signs are emerging of gradual
improvement in ethnic data collection, especially in relation to
discrimination experiences and anonymous testing in the field of
employment and housing”. New approaches are emerging, with initiatives
aiming to remedy the lack of ethnic data even though regulations
on official data collection have not been amended.
33. In Germany, I learnt of an interesting initiative known as
the “Afro-Census” which was launched by the civil society organisation
“Each One Teach One” to improve the database on racial discrimination.
It is the first survey that specifically addresses discrimination
against Black people in Germany. All those who identify as Black
were invited to participate on a voluntary basis. The aim of the
“Afro-Census” is to obtain as comprehensive a picture as possible
of what people of African descent experience, how they assess their
lives in Germany, the challenges they face and the expectations
they have from politics and society. The results of the first round
of this “census” are planned to be published during Spring 2021.
34. While innovative initiatives such as the “Afro-Census” are
a step in the right direction and deserve our support, it is important
that new policies on data collection are adopted officially in the
near future. I believe that the Assembly should reiterate a call
on national authorities both to introduce ethnic data collection
procedures and to consistently use such data to guide their policy-making.
5. The role of intergovernmental organisations
35. International intergovernmental
organisations play a crucial role in countering discrimination against people
of African descent. At global level, the United Nations (UN) system
has led the way in addressing racism. The International Convention
on the Elimination of All Forms of Racial Discrimination became
effective in 1969 while the establishment in 1993 by the United
Nations’ Commission on Human Rights of the mandate of Special Rapporteur
on contemporary forms of racism contributes to strengthening the
UN’s actions. The Special Rapporteur intervenes in assessing the
efficiency of the measures taken by governments to remedy the situation
of victims of racism, racial discrimination, xenophobia and related
intolerance and addresses impunity for related acts, by transmitting
appeals and communications to States on alleged violations, and
by undertaking fact-finding country visits.
36. In December 2020 I met online with the current Special Rapporteur,
Ms Tendayi Achiume. The meeting was cordial and fruitful, supported
by what I felt was a largely shared vision of the threats that racism
poses and the priorities to counter them. I share with Ms Achiume,
among other things, the sense that the developments on both sides
of the Atlantic with the tragic death of George Floyd and the wave
of protests that followed, increased public awareness of Afrophobia
and opened new possibilities to address it. I also related to her
impression that an honest conversation about racism is often difficult
in Europe, where many, including politicians, do not acknowledge
or even see the extent and the urgency of the problem.
37. The Special Rapporteur’s thematic reports cover issues ranging
from the reparations for racial discrimination rooted in colonialism
and slavery, to the threat that nationalist populism poses to the
enjoyment of human rights and racial equality, as well as racial
discrimination in the context of laws, policies and practices concerning
citizenship, nationality and immigration. The latest thematic report
focuses on racial discrimination and emerging digital technologies.
I also appreciated that Ms Achiume, a national of Zambia and currently
a Professor of Law and Faculty Director of the Promise Institute
for Human Rights at University of California, Los Angeles, is very
familiar with the work of Council of Europe bodies such as ECRI
and of European civil society organisations, including ENAR.
38. I believe that co-operation between the Council of Europe
and the United Nations in countering Afrophobia and other forms
of racism in Europe should be further strengthened and I will do
my utmost to promote this idea in the Assembly. I would like to
add that while the main institutional interlocutors of the Special Rapporteur
are national governments, national parliaments should also intensify
their co-operation and the exchange of information and recommendations
with this representative.
39. In Europe, which is the focus of this report, progress has
been achieved among other things through European Union legislation
and the long-term work of the Council of Europe. As the pan-European
defender of human rights, democracy and the rule of law, the Council
of Europe should further strengthen its action against racism, catalyse
the efforts of all other actors and help extend the progress to
the entire continent.
40. In 2019, at the end of a long process, to which ENAR was highly
committed, the European Parliament adopted a ground-breaking resolution
on “The fundamental rights of people of African descent”, calling on member States, among other things,
to develop national anti-racism strategies that address the comparative situation
of people of African descent in areas such as education, housing,
health, employment, policing, and social services; to include bias
motivation for crimes based on race, national or ethnic origin as
an aggravating factor; to end ethnic profiling, and to provide anti-racism
and anti-bias training for law enforcement authorities. In addition,
the 2019 resolution recommended ensuring safe and legal avenues
for migrants, refugees and asylum seekers to enter the European
Union; the adoption by the European institutions of a workforce
diversity and inclusion strategy to complement existing efforts
to this end; and support from European political parties and parliaments
in enhancing the political participation of people of African descent.
calling on member States, among other things,
to develop national anti-racism strategies that address the comparative situation
of people of African descent in areas such as education, housing,
health, employment, policing, and social services; to include bias
motivation for crimes based on race, national or ethnic origin as
an aggravating factor; to end ethnic profiling, and to provide anti-racism
and anti-bias training for law enforcement authorities. In addition,
the 2019 resolution recommended ensuring safe and legal avenues
for migrants, refugees and asylum seekers to enter the European
Union; the adoption by the European institutions of a workforce
diversity and inclusion strategy to complement existing efforts
to this end; and support from European political parties and parliaments
in enhancing the political participation of people of African descent.41. In my previous capacity as Vice-Chair of ENAR and Chair of
its Steering Committee on Afrophobia, I contributed to this process
through a series of meetings with relevant interlocutors in European
Union bodies including the European Commission, the European Parliament
and the Fundamental Rights Agency and by taking part in hearings.
ENAR consistently advocated for effective measures to be adopted
by European governments. It is worth noting that this should apply
to the entire continent and not only to the European Union. European
States have a legal obligation, in addition to a moral one, to ensure
the equality of all their citizens and to counter discrimination.
It is the responsibility of the Council of Europe, as the guardian
of democracy and human rights in Europe, to lead its member States
and support their efforts to eradicate all forms of racism and discrimination.
42. A governmental actor which has for years contributed to raising
awareness of racism among national governments on both sides of
the Atlantic is the Commission on Security and Cooperation in Europe (CSCE), also
known as the U.S. Helsinki Commission. An independent
US government agency, it was created in 1975 to monitor and encourage compliance
with the Helsinki
Final Act and other Organization
for Security and Co-operation in Europe (OSCE) commitments. The Helsinki Commission, invited
to contribute to this report through a hearing, submitted a written
contribution indicating that governments, multilateral institutions,
civil society, think-tanks, foundations and the private sector should
work in partnership to better implement the many existing recommendations.
43. Specific measures recommended by the Helsinki Commission include
promoting the representation of people of African descent and their
participation at all levels of government, and creating a People
of African Descent Fund to provide technical support and knowledge
sharing for civil society initiatives to address racism, discrimination
and inequality, and to increase economic opportunities and empowerment.
The adoption of an “Action Plan on Racial and Ethnic Equality and
Inclusion” jointly by the Council of Europe and the OSCE is also recommended
by the CSCE.
44. Concrete initiatives may include recognising past injustices
and the contribution of people of African descent, for instance
by means of “European Black History Month” and a “Remembrance Day
for Victims of Colonialism and Enslavement”, or national measures
to counter negative stereotyping, the revision of textbooks; promoting
research and data collection on both discrimination and social inclusion;
adopting national strategies in this area; and supporting transatlantic
exchanges to address racial prejudice and discrimination.
45. The recommendations of the Helsinki Commission are as ambitious
as they are relevant. The call on all relevant actors to join forces
to achieve substantial progress is an important indication of the
need for unity, co-operation and co-ordination, which should be
taken into account when designing antidiscrimination policies. The
idea that the Council of Europe and OSCE should strengthen their
co-operation in this area also deserves attention.
6. A window of opportunity
46. The webinar of 1 July 2020
on systemic discrimination and institutional racism, as previously
mentioned, highlighted the increasing awareness of racism and discrimination
in Europe among the general public. The participation of the Assembly
President, Rik Daems, in the webinar and his words of support were
a positive sign of the strengthening commitment of the Assembly
to the cause of antidiscrimination and a society free from racism.
Mr Daems highlighted that Europe is finally starting to question
its own history, as shown by the recent apology by Belgium’s King
Philippe for his country’s colonial past. Indeed, this is a sign
of a cultural change that could bear fruit. Awareness of historical
responsibilities towards African people may indeed help to eradicate
present-day racism targeting their descendants in Europe and elsewhere.
47. Ms Domenica Ghidei Biidu, Vice-Chair of ECRI, pointed out
that when viewed as a collective issue, rather than as a matter
for individuals, it appears clear that racism in Europe is an institutional
matter: “Legal cases are about individuals, but racism is about
far more than individual experiences; yet this wider institutional and
systemic context is always difficult to prove. There is a need for
recognition of the oppressive and racist aspects of our history,
and of their impact on institutional, systemic and everyday life
in Europe. Each country should have institutions in place to gradually
dismantle racism, which collaborate with vulnerable minorities and respect
the principle of ‘nothing about us without us’”.
48. Ms Ojeaku Nwabuzo, Senior Research Officer of ENAR, recalled
that several European institutions had reported on the continued
problem with policing, which is a crucial, life-threatening problem
for people of African descent and must be addressed. The Covid-19
pandemic has highlighted some worrying pre-existing issues, such
as the increase in racial profiling, and the disproportionate targeting
of minorities during stop-and-search operations. The pandemic has
often given the police the opportunity to enforce powers in a restrictive, coercive,
discriminatory, disproportionate and unlawful way, and which is
racially biased. Some member States, such the United Kingdom, have
recognised institutional racism, but many still fail to do so. This
concept is wider than racial profiling and includes other severe
manifestations of discrimination which can lead to violence and
possibly death. The idea that “a few bad apples” are to be found
in the police has often been suggested but it does not reflect the
actual situation. In fact, it is necessary to understand the real
nature of structural racism. ENAR recommends ensuring accountability
(with sanctions against police officers who show racist attitudes)
improving police techniques and data collection, as well as a longer-term
review of policing, in dialogue with those communities directly
affected. On a more general level, national action plans against racism
are highly recommended.
49. The situation on both sides of the Atlantic is problematic.
There has been an increase in both the gravity and number of racist
incidents in recent years, as shown by European Union data, including
racist violence, ethnic profiling and social exclusion, with people
of African descent systematically treated as “the lowest on the hierarchy”.
Dramatic change is needed. Laws should be enacted to stop these
injustices, with the necessary follow-up to make sure they are fully
implemented.
50. On the other hand, the European public has become increasingly
aware of the extent and severity of the problem of racism in Europe,
and of the urgency to counter it. George Floyd’s tragic death has
had a powerful impact beyond the United States and particularly
in Europe. Pretending that the situation is limited to the United States
would be perpetuating a denial that we have seen for many years
in this continent. Those who deny the existence of racism in Europe
minimise the pain and the historical injustices that people of African
descent have endured for centuries. The discrimination suffered
by people of African descent and other minorities in Europe has
been neglected for too long.
51. As the public’s awareness increases, so does support from
political leaders at national and European level, as confirmed by
the text “The anti-racism protests following the death of George
Floyd (2020/2685(RSP))” adopted by the European Parliament. The
European Parliament “strongly condemns the appalling death of George
Floyd” and similar killings elsewhere in the world, supports the
massive protests around the world against racism and discrimination
and “condemns white supremacism in all its forms”. The powerful,
straightforward language used in this text is a step in the right
direction and a source of encouragement to all those who are committed
to countering racism in Europe. In July 2020, ECRI adopted a statement
on racist police abuse, including racial profiling, and systemic
racism, to which the Council of Europe’s Committee of Ministers
replied on 16 September 2020 with a decision encouraging member
States’ governments to deliver a clear message of zero tolerance
of racism and intolerance.
adopted by the European Parliament. The
European Parliament “strongly condemns the appalling death of George
Floyd” and similar killings elsewhere in the world, supports the
massive protests around the world against racism and discrimination
and “condemns white supremacism in all its forms”. The powerful,
straightforward language used in this text is a step in the right
direction and a source of encouragement to all those who are committed
to countering racism in Europe. In July 2020, ECRI adopted a statement
on racist police abuse, including racial profiling, and systemic
racism, to which the Council of Europe’s Committee of Ministers
replied on 16 September 2020 with a decision encouraging member
States’ governments to deliver a clear message of zero tolerance
of racism and intolerance.52. The strong support to antiracism coming from several political
actors opens a window of opportunity that should be seized without
hesitation. As a guardian of democracy, the rule of law and human
rights, the Council of Europe has an important role to play in this
process. It also has an obligation to ensure that member States recognise
the existence of institutional and structural racism. Remaining
silent in the face of bigotry creates division rather than unity
and undermines the values that are at the core of the mission of
this organisation.
53. On 20 August 2020, online news outlet EU Observer featured
an op-ed I wrote, under the title “George Floyds of Europe also
can't breathe”. I deemed it necessary to raise
awareness of the current situation and to call on all decision makers
to act quickly, firmly and collectively, not to lose ground in the
fight against racism and intolerance.
I deemed it necessary to raise
awareness of the current situation and to call on all decision makers
to act quickly, firmly and collectively, not to lose ground in the
fight against racism and intolerance.7. Countering racism and promoting political representation of people of African descent: towards a new Charter of European political parties for a non-racist society
54. Last year, the Assembly Resolution
2275 (2019) “The role and responsibilities of political leaders
in combating hate speech and intolerance” indicated that “the 25th
anniversary of the European Commission against Racism and Intolerance,
which falls in 2019, provides a good opportunity to update the Charter
of European Political Parties for a Non-Racist Society, including
measures for breaches of the charter, and to relaunch it.” The original
Charter was drawn up under
the auspices of the European Union Consultative Commission on Racism
and Xenophobia, the predecessor of the Fundamental Rights Agency,
and opened for signature in Utrecht on 28 February 1998. It was
endorsed by the Assembly and ECRI and subsequently signed by political
parties in several Council of Europe member States.
was drawn up under
the auspices of the European Union Consultative Commission on Racism
and Xenophobia, the predecessor of the Fundamental Rights Agency,
and opened for signature in Utrecht on 28 February 1998. It was
endorsed by the Assembly and ECRI and subsequently signed by political
parties in several Council of Europe member States.55. Political parties may play a significant role in countering
racism in politics. As an expression of self-regulation, the Charter
may be a particularly effective way to hold politicians to account
and enhance the political representation of people of African descent.
More than 20 years after this document was drawn up, however, it
is time to reflect on how to adapt it to today’s social and political
landscape. Amendments may also be necessary to ensure that political
parties and their members abide by its provisions, through a monitoring system
and sanctions for non-compliance.
56. People of African descent are vastly under-represented in
elected and other decision-making bodies at all levels in most member
States. In some countries they are hardly represented at all, which
is reflected in the current composition of the Assembly. Not only
is this situation unacceptable from the point of view of democratic
representation, it may also facilitate the racist abuse aimed at
the few politicians of African descent who are active within the
institutions. These members of parliament or of government bear
the burden of representing their entire communities and fatally
become the ideal target of far-right extremists and other racists.
57. At the time of finalising this report, I myself am facing
a wave of online abuse, particularly from members and supporters
of a national far-right political party, after I reacted to their
claim that people with a migrant background are a “cultural liability”,
a kind of burden, to Sweden, and I shared on social media a picture
of myself wearing a traditional costume of my native country, Gambia,
at an official event in the Swedish Parliament. The language used
by those who attack me is hateful, xenophobic, and explicitly racist.
This episode confirms that racism targets people of African descent
irrespective of their position in society. Even though I am now
a Member of Parliament (or perhaps precisely because of that), I
am still exposed to the abuse that I first faced as a student and
a young activist. This also shows how insidious far-right political
movements are, as by attacking me, they show a lack of respect for
the elected body of which I am a member, and for democratic institutions
in general.
58. On the occasion of the online visit to the United Kingdom,
I had the honour and the pleasure of meeting with prominent politicians
such as: Ms Diane Abbott MP, the longest serving black woman in
the Parliament of the United Kingdom and former Shadow Home Secretary;
Mr David Lammy MP, Shadow Secretary of State for Justice; Mr Marvin
Rees, Mayor of Bristol; and Lord Simon Woolley. Political representation
of ethnic minorities, including people of African descent, is considerably
high in the United Kingdom. When the Operation Black Vote (OBV)
initiative was launched by Lord Woolley in 1996, there were five
Black and Minority Members of Parliament. Twenty years later, OBV
held an event to celebrate reaching the record number of 41, or
6,3% of all MPs. These figures guarantee a good level of diversity
in British institutions and the possibility for the voice of people
of African descent and other minorities to be heard. Sadly, the
issue of racist abuse targeting politicians can also be found there.
Diane Abbott, for instance, was the victim of record levels of online sexism
and racism during the 2017 election campaign. According to research
conducted by Amnesty International, almost half of the abuse directed
at women MPs on Twitter targeted her. In Ms Abbott’s case, as in
many others, the intersection of gender and ethnicity, or of other
grounds of discrimination, determines a particularly harsh form
of bias. Intersectionality contributes to shaping the discrimination
that people of African descent face and should be constantly taken
into account when designing countermeasures.
59. I discussed political representation of minorities in Germany
with fellow Assembly member Ms Gabriela Heinrich and civil society
representatives. Only two German parliamentarians out of over 700
are of African descent and only one of them identifies as black.
Countering racism is not high in the agenda of political parties, activists
told me, and the aspect of political representation is particularly
neglected. This should be addressed effectively, as the representation
of any group tends to increase the inclusiveness of decisions and
regulations adopted by decision-making bodies. Mr Karamba Diaby,
Germany’s first African-born member of parliament in 2013, is often
a victim of online abuse and his office in Halle was attacked in
January 2020. Verbal abuse and other forms of violence targeting
politicians of African descent deter other members of this group
from engaging in politics, forming a vicious circle which in turn
needs to be broken.
60. In addition to provisions concerning the language used and
the views expressed by party members, the Charter should include
a section on political representation. As the main gatekeepers to
elected positions, political parties have a major role to play in
this respect. The Charter should stipulate that signatory parties commit
themselves to increase the presence of people of African descent
and other ethnic groups within their ranks, at all levels. On 27
November 2020, to kick-start the updating and relaunching process,
the Committee on Equality and Non-Discrimination held jointly with
the Committee on Political Affairs and Democracy and the No Hate
Parliamentary Alliance a hearing with the participation of the Chairperson
of ECRI, Ms Maria Daniella Marouda; MEP Samira Rafaela, Co-President
of the Anti-Racism and Discrimination intergroup (ARDI) of the European
Parliament; and Mr Nicolae Esanu, member of the Commission for Democracy
Through Law (Venice Commission). What emerged from the hearing was
a consensus on the relevance and timeliness of this initiative.
An updated Charter would contribute to addressing the racism and
intolerance that are widespread in Europe, including in politics.
61. Participants agreed that the scope of the Charter should be
expanded to cover forms of racism and intolerance including Afrophobia,
antisemitism, Islamophobia, homo-bi-transphobia, sexism and xenophobia. The
Charter should also deal with cyber-discrimination and online hate
speech. As concerns sanctions for non-compliance, participants agreed
that these are necessary to ensure a real impact.
62. Strong political will to support the initiative and the forthcoming
updated Charter emerged from the words of politicians including
MEP Rafaela and Mr Nick, first Vice-Chairperson of the Committee
on Political Affairs and Democracy. The Committee on Equality and
Non-Discrimination should take the lead in this process, while cooperating
closely with its counterparts in the European Parliament and availing
itself of the support of ECRI and the Venice Commission. The No
Hate Parliamentary Alliance should also remain involved in the initiative and
ensure additional visibility and political support to it.
8. National antidiscrimination action plans and legislation
63. As previously mentioned, the
Durban programme of action of 2001 required United Nations member States
to adopt national action plans to address racial discrimination.
I would like to mention here the example of the action plan of Germany,
about which I learnt more thanks to the virtual fact-finding visit
there. The plan was last revised in 2017 and entitled “National
Action Plan: Positions and Measures to Address Ideologies of Inequality
and Related Discrimination”. Fighting racism in any form is viewed
as a task for the entire State and society. The action plan is therefore
intended to strengthen social cohesion and is closely linked to
the “Strategy of the Federal Government for the Prevention of Extremism
and the Promotion of Democracy”. Close co-operation with civil society
was central both in the conception of the Action Plan and in its
implementation.
64. Racism against Black people is addressed as a specific form
of discrimination in the National Action Plan which, in view of
Germany’s and Europe’s colonial history, attaches particular importance
to historical-political education. In recent years, numerous civil
society initiatives such as exhibitions and educational materials
have been created to raise awareness of this issue. In addition,
research has been carried out on specific forms of discrimination
and their causes.
65. I would also like to mention that in the wake of the Black
Lives Matter protests, the Federal State (Land) of Berlin adopted
in June last year its own anti-discrimination law, prohibiting discrimination
based on skin colour, gender, religion, physical or mental disability,
worldview, age and sexual identity, and also of lack of German language
skills, chronic illness, income, education or occupation. The crucial
difference between the Berlin State law and the federal General
Equal Treatment Act of 2006 is that the latter covers discrimination
in employment and in other areas governed by private law but does
not apply to public law. The new piece of legislation appears to
strengthen protection from discrimination and to be a step in the
right direction. I hope that other German federal States will follow
the example of Berlin.
9. Conclusions and recommendations
66. Afrophobia, or discrimination
and intolerance against people of African descent and black people, correlates
to the historically repressive structures of colonialism and the
transatlantic slave trade and is still rife in today’s Europe. It
targets not only ordinary people but also representatives at the
highest institutional and political level. This form of racism has
an influence, consciously and unconsciously, on a variety of policies
at domestic and international level. Racism still kills, whether
through violence at the hand of extremists in Europe or through
migration policies allowing European countries to profile, detain
and deport black people back to danger, as shown by the ongoing
enslavement and torture of black people in Libya.
67. A variety of measures are necessary to counter Afrophobia.
They should aim to improve the economic situation of people of African
descent (employment and more generally economic empowerment), their
level of political representation, their access to justice, and
counter discrimination in access to education, social services,
housing etc. Targeting the mindsets of the general population and
people of African descent themselves are also necessary. Measures
should counter negative stereotyping and promote accurate representation
in the media, positive portraying and role models.
68. All these measures demand a great deal of political will and
the support of all relevant stakeholders. While civil society, as
I previously mentioned, has led the way in countering Afrophobia
in Europe, legislators and policy makers have a particularly important
role to play.
69. Progress has been achieved at national level through action
plans, antidiscrimination legislation and the action of human rights
institutions. The European Union has strengthened its action in
this area by adopting an EU anti-racism action plan 2020-2025 that
is likely to trigger additional efforts in member States. Non-EU member
States within the Council of Europe would benefit from adopting
similar provisions.
70. Much remains to be done and urgently so. In this report, I
have endeavoured to describe the state of play in Europe and to
collect input from a variety of actors on possible effective measures
to address Afrophobia. I now rely on the Assembly and the Council
of Europe to promote the adoption of such measures and make a real
difference in the years to come.
71. It is the responsibility of citizens and all other actors,
from civil society organisations to political parties, from the
world of education to religious organisations, trade unions, employers'
organisations, the arts and the media, to combat Afrophobia. This
requires a proactive effort. Not being racist is not enough. For
real progress to be achieved, we all need to take a stand against
racism, whenever and in whatever form it manifests itself.