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 • The Convention is more detailed than CERD, and contains protection against hostility and violence. 44 ECRI – European Commission against Racism and Intolerance, adopted General Policy Recommendation No. 7 on ‘National Legislation to Combat Racism and Racial Discrimination’ (2002) • This Recommendation sets out to rectify the limitations of the above European Convention by promoting action against racism and intolerance at the national level. • However, Recommendation No. 7 is not a legally binding instrument. 2.3.3. European Union At the level of the EU, since the mid 1990s, a range of instruments has been developed that variously attempt to tackle the problem of racial discrimination and xenophobia. Amongst these are the following: • Joint Action to Combat Racism and Xenophobia (1996) – legally weak • Proposal for a Council Framework Decision on Combating Racism and Xenophobia COM (2001) 664 final – if enforced, legally strong. • Racial Equality Directive 2000/43/EC – legally binding, but subject to interpretation at the level of individual Member States. • Employment Equality Directive 2000/78/EC – legally binding, but subject to interpretation at the level of individual Member States. Forming the backdrop to these instruments are: • Article 13 of the EC Treaty: which paved the way for the adoption of the above Equality Directives • Article 29 of the EU Treaty: which paved the way for the Council Framework Decision on Combating Racism and Xenophobia The effectiveness of the above instruments in relation to combating racism and xenophobia, and specifically racist violence, is debatable. The Joint Action, as a relatively weak legal instrument, was replaced by the Proposal for a Council Framework Decision, which, as yet, remains a ‘Proposal’ 45 . In turn, while Member States have adopted the Racial Equality Directive and the Employment Equality 44 45 Council of Europe’s Framework Convention for the Protection of National Minorities (1998), Articles 4(1) and 6(2). Council of the European Union, press release 2642 nd Council Meeting, Justice and Home Affairs (24 February 2005) – information relating to ‘Racism and Xenophobia’ – see: http://ue.eu.int/ueDocs/cms_Data/docs/pressData/en/jha/83980.pdf 50
RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004 Directive, these instruments do not specifically target the problem of racist violence. Finally, the EU Constitution, which includes the Charter of Fundamental Rights of the Union, provides the latest backdrop to the above. Specific articles in the Constitution address discrimination on the grounds of race/ethnicity etc., 46 and the following article can be noted for its reference to ‘security’, ‘crime’, ‘racism’ and ‘xenophobia’: Part III, Title III Chapter IV – Area of Freedom, Security and Justice, Section 1, General Provisions - Article III–257 (as of October 2004) The Union shall endeavour to ensure a high level of security through measures to prevent and combat crime, racism and xenophobia, and through measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal matters and, if necessary, through the approximation of criminal laws. In sum, given that issues related to freedom, security and justice are at the heart of the Union, the Constitution includes some notable references to combating racism and xenophobia as crime, but does this without providing clear guidelines on legislative competence. Reference is made to ‘mutual recognition of judgments in criminal matters and, if necessary, the approximation of criminal laws’. 47 However, the means by which this can be achieved are unclear. 2.4. LEGISLATION AND 'INDICATORS' Compliance with national and international laws that set out to combat discrimination, racism and xenophobia is an initial means by which to judge whether a country has the political will, at least on paper, to combat discrimination. Legislation against racism and xenophobia can be viewed as the first step in encouraging the establishment of 'indicators' of racism and xenophobia. However, without a monitoring system in place to see what the impact of these laws are in practice, their effectiveness in combating racism and xenophobia is difficult to gauge. Before looking at ‘indicators’ as they relate to racist violence, a brief overview will broadly sketch what is meant by ‘indicators’ and how they are currently used. 46 47 Part II, Title III – Equality, Article II-81 on ‘non-discrimination’; Part III, Title I – The Policies and Functioning of the Union, Article III-118; Part III, Title II – Non- Discrimination and Citizenship, Article III-124 – as of October 2004 Part III, Title III, Article III-257 (as of October 2004). 51
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