RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe

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RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004 RECOMMENDATIONS A number of recommendations can be suggested to improve what we know and, in turn, how we effectively respond to the problem of racist crime and violence in the EU. These include both long-term recommendations that can be viewed as gold standards for Member States to aspire to, as well as short-term recommendations that offer Member States short-term workable solutions to the problem of managing and responding to racist crime and violence. For example, recommendations might include the long-term goal of standardising legislation and data collection on racist crime and violence across all EU Member States. In comparison, short-term recommendations could include the establishment or improvement of existing legislation and criminal justice data collection on racist crime and violence at the level of individual Member States. Yet, given the absence of effective legislation and adequate data collection mechanisms in most Member States, even these short-term recommendations can appear too ambitious. In addition, any efforts at changing how the law, criminal justice and civil society respond to racist crime and violence demands the establishment of ‘good practice’ criteria in this area. This does not mean the description of activities that have been labeled as ‘successful’ – most often by their initiators - but rather necessitates a careful analysis of legislative, criminal justice and civil society initiatives for their effectiveness in combating racist crime and violence and assisting victims. To this end, the findings in this report generally show that Member States with comprehensive data collection mechanisms to monitor racist crime and violence also tend to have a range of progressive initiatives to both combat the problem and assist victims. EU Member States might learn more about effective responses to racist violence by being able to tap into information about similarly placed projects in other Member States or in other areas within their own country. At the heart of this exchange of ‘good practice’ is the willingness of agencies to share information – both positive and negative. This can only be achieved if systems are in place to monitor and provide information about the extent and nature of, and responses to, racist violence. On the basis of the findings from the report’s comparative overview of racist violent in the old 15 EU Member States, the following are the report’s main recommendations: xiv
RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004 Legislation and Data Collection – Improving Mechanisms FRAMEWORK RECOMMENDATIONS (LONG-TERM): • Allow data collection on ethnicity/religion that can capture incidents of racist crime/violence against national minorities. • Standardise legislation on racist crime/violence in EU Member States. This means adopting the Commission’s Proposal for a Council Framework Decision on Combating Racism and Xenophobia 5 . If adopted, this would clearly establish a framework for punishing racist/xenophobic violence as a criminal offence, and recognise racist/xenophobic motivation as aggravating circumstances for determining enhanced sentencing. A central purpose of the Framework Decision is to reinforce criminal law measures aimed at approximation of the laws and regulations of the Member States regarding racist and xenophobic offences. If the Framework Decision were to be adopted by Member States, it could enhance data collection on racist crime/violence across the EU. Therefore, another recommendation would be to: • Standardise data collection on racist crime/violence in EU Member States. PRACTICAL RECOMMENDATIONS (SHORT-TERM): Practical recommendations focus on comparative analysis of existing data. Practical recommendations for data collection recognise that different data sets can provide a valid base for comparative analysis. To a large extent, the EUMC’s RAXEN data collection mechanism and its comparative research reports are based on comparative analysis of diverse data sets. The validity of this exercise should not, given the absence of directly comparable data, be under-valued. If we aim for comparative analysis of different data sources, rather than attempt to generate directly comparable data, it is recommended to: • Establish or improve existing legislation on racist crime/violence in each EU Member State. 5 COM (2001) 664 final – Proposal for a Council Framework Decision on Combating Racism and Xenophobia. xv
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