PART II Policies

1
PART II Policies Implementation

• Unit 6
• Definitions and forms of discrimination
  institutional racism
• 10 November 2004

2
Introduction EU policies

• Amsterdam Treaty (Article 13)
• two Directives (2000/43/EC, 2000/78/EC)
• European constitution (Treaty establishing a
  Constitution for Europe) incl. Charter of
  Fundamental Rights (Part II)
• ECHR (constitutes general principles of the
  Union's law, TITLE II, ARTICLE I-9)
• ECHCR Protocol 12 (that relates to Article 14)
• EUMC (on Racism and Xenophobia)
  http//www.eumc.eu.int/
• ECMI http//www.ecmi.de
• European Framework Convention for protection of
  national minorities (FCNM)
• European Charter for Regional or Minority
  languages

3
European constitution

• http//www.europa.eu.int/constitution/index_en.htm
  
• ARTICLE I-2 The Union's values
• The Union is founded on the values of respect
  for human dignity, freedom, democracy, equality,
  the rule of law and respect for human rights,
  including the rights of persons belonging to
  minorities.
• These values are common to the Member States in
  a society in which pluralism, non-discrimination,
  tolerance, justice, solidarity and equality
  between women and men prevail.
• The Union's objectives
• It shall combat social exclusion and
  discrimination, and shall promote social justice
  and protection,

4
Charter of Fundamental Rights

• Non-discrimination (ARTICLE II-81)
• Any discrimination based on any ground such as
  sex, race, colour, ethnic or social origin,
  genetic features, language, religion or belief,
  political or any other opinion, membership of a
  national minority, property, birth, disability,
  age or sexual orientation shall be prohibited.

5
Universal Declaration of Human Rights, Article 1

• all human beings are born free and equal in
  dignity and rights. They are endowed with reason
  and conscience and should act towards one another
  in a spirit of brotherhood ( and sisterhood)
• Europes challenge is to work twds realisation of
  this right.
• How to help transform established law ( national
  or intl.) from pieces of paper to popular
  practice ?
• Who are the key policy making and policy
  implementing actors?

6
Council of Europe

• Specialist Groups on Roma and Gypsies,
• the European Commission for Democracy through
  law,
• the European Commission against Racisms and
  Intolerance,
• The Parliamentary Assembly ,
• The Congress of Local and RegionalAuthorities,
• programmes to build inter community confidence in
  society,
• the Council of Europe monitoring department
• the Commissioner for Human Rights,
• Advisory Committee of the Framework Convention

7
UN Commitees, OSCE

• UN CERD
• CRC
• CEDAW
• ICCPR
• ICESCR
• CAT
• UN Commissioner for Human Rights
• etc
• OSCE High Commissioner on National Minorities
• Lund, Oslo, and Hague recommendations
• OSCE ODIHR Roma/ Sinti Contact point (vide next
  term)

8
Roma Policies UNIT 78

• Rooker, Marcia (1997) "Monitoring Human Rights
  The Importance of the Universal Level for Roma
  and Sinti" CPRSI Newsletter, February 1997,
  vol.3, no. 1, pp. 3-10, http//www.osce.org/odihr/
  documents/periodicals/cprsi3-1.pdf
• Martin Kovats (2001) The Emergence of European
  Roma Policy. http//www.tolerance.cz/courses/monn
  et/summer2004/KOVATS.PPT
• useful links
• European Roma Information Office
  http//www.erionet.org/Home.html
• European Roma Forum http//www.europeanromaforum.
  org/
• European Roma Rights Centre http//www.errc.org
• Czech Radio http//www.romove.cz

9
What commitments do State Parties undertake when
they ratify the Framework Convention ( FCNM)?

•   Choice of identity
•    Non-discrimination
•     Promotion of effective equality
•     Promotion of conditions favouring the
  preservation and development of culture,
  religion, language and traditions
•   Freedom of assembly, association, expression,
  thought, conscience and religion
•   Access to and use of media

10

•        Linguistic freedoms
•        - use of the minority language in private
  and in public as well as its use before
  administrative authorities
•        - use of ones own name in the minority
  language
•         - Display of information of a private
  nature in the minority language
•        - Topographical names in the minority
  language
•        Education
•        - Learning and instruction in the
  minority language
•       - Freedom to set up educational
  institutions
•        Transfrontier contacts
•        International and transfrontier
  co-operation
•        Participation in economic, cultural and
  social life
•        Participation in public life
•        Prohibition of forced assimilation

11
FCNM cont.

• FC emphasises State Responsibilities rather than
  being a broad expression of rights.
• What is National Minority? No definition.
  Selected in good faith.
• The existence of a minority is a matter of fact
  not a matter of legislation by a State ( UN HR
  commiteee)
• Monitoring of State compliance with the
  Convention Advisory committee (AC) Commitee of
  Ministers (CM),
• State reports (every 5yrs or upon request of CM,
  if needed AC sends States written
  questionnaires),
• AC Country visists, alternative reports from NGOs
• AC adopts an opinion,upon which the State can
  comment
• CM adopts a resolution with conclusions and
  recommendation to the State on th
  eimplementationm of the FC.
• Rersolution incl Comments and opinion available
  on CoE web site
• www.coe.int/T/E/human_rights/minorities

12
Activity 1- Discrimination

• Take a piece of paper and put down the following
• Try to remember when you felt you were
  discriminated against (as a kid or as an adult)
• When you discriminated against somebody else
• When you vitnessed someone being discriminated
  against and you remained a bystander
• When you took action to help or intervene when
  someone else was discriminated against.
• How did it feel? In groups of four share your
  notes and select a rapporteur who will report on
  behalf of the whole group.

13
Activity 2 3

• Vocabulary of discrimination
• Fill in the sheet that was handed out to you
• Body Ritual among the Nacirema (homework)
• in UNIT 6 web site
• Read the article, complete the excercise and
  send your answers by email to laubeova_at_chello.cz

14
Discrimination definition 2000/43/EC

• Indirect discrimination shall be taken to occur
  where an apparently neutral provision, criterion
  or practice would put persons of a racial or
  ethnic origin at a particular disadvantage
  compared with other persons, unless that
  provision, criterion or practice is objectively
  justified by a legitimate aim and the means of
  achieving.
• see also notes on the directive in UNIT 6 web
  site

15
Role of NGOs in drafting the directive

• Policy actors governments public admin.,
  private sector, intl. organisations, NGOs
• Role of NGOs - Julie Fisher
• Starting Line Group ERRC, Interrights, MPG
  see text on the directive in Unit 6
• Cf directives 2000/43/EC and 2000/78/EC

16
Enlarged Europe May 2004

• Green paper on Equality and non-discrimination
  in an enlarged European Union
• http//www.stop-discrimination.info
• http//europa.eu.int/comm/employment_social/fundam
  ental_rights/greenpaper_en.htm
• http//www.enar-eu.org/en/info/fact18.shtml

17
Case Study UK (see also Unit 9)

• Ethnic minority groups - census figures
• Census 2001- NEW CLASSIFICATION ALLOWED
  SELF-DECLARATION OF MIXED RACE (in 1991
  classified as white) annex 1
• 1999 Steven Lawrence Report (RECOGNITION OF
  institutional racism in METRO Police as well as
  British society

18
UK Ethnic minority groups- 1
location Census 1991 Census 2001
UK 5.5 9
Greater London 20.2  28.8
West Midlands 15 11.3 
Brent 45 54.7
Newham 43 60.6
Slough  27.7 36.3
Birmingham 21??  29.6
Luton 19.8 28.1
19
UK Ethnic minority groups- 2
1992 2002
Black Black-Caribbean (West Indies) 0,9 1,1 Lewisham (London) 12,3
  Black-African 0,4 0,9
  Black-Other 0,3  
South Asian Indian 1,5 2 (Leicester 25,7)
  Pakistani 0,9 1,4 (in Bradford 15 )
Bangladeshi 0,3 0,5 (in Tower Hamlets 33,4)
Chinese and others Chinese 0,3  
  Other-Asia 0,4  
Other-Other 0,5  
20
Links for statistics

• http//www.cre.gov.uk/pdfs/em_fs.pdf
  http//news.bbc.co.uk/1/hi/uk/1470573.stm
  http//www.warwick.ac.uk/errac/keyinf.htm
  http//www.cre.gov.uk/duty/reia/statistics_census.
  html http//www.statistics.gov.uk/CCI/nugget.asp?I
  D263Pos2ColRank2Rank224

21
Institutional racism

• 1999 The Stephen Lawrence Inquiry
• Report of an Inquiry by Sir William Macpherson of
  Cluny, also at www.official-documents.co.uk/docume
  nt/cm42/4262/4262.htm mainly chapter 6,
  pp. 26-28
• Institutional Racism defined as 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 disadvantages minority ethnic
  people.
• see also notes on inst. racism in UNIT 6 web site

22
Case Study UK

• UK immigration/nationality and race relation
  legislation the liberal compromise
• The antidiscriminatory legislation was
  implemented as a trade off to compensate for
  increasingly tight immigration policy.
  Assimilation possible only if the numbers are
  low
• 1948 British Nationality Act
• Commonwealth citizens allowed freely to enter and
  settle in Britain

23

• 1962 Commonwealth Immigrants Act
• removed rights of the 48 Act for most new
  (black) Commonwealth citizens. Instead. A limited
  number of employment vouchers were issued
• 1968 Commonwealth Immigrants Act
• restricted entry to East African Asians who held
  UK passports issued by the British government
• 1971 Immigration Act
• made a distinction between patrials (born in
  Britain or with (great)parents born in Britain)
  who kept full citizenship rights and
  non-patrials (mainly black, new Commonwealth) who
  were required to obtain work permits prior to
  entry.
• 1981 British nationality Act
• 1988 Immigration Act

• 1965 Race Relations Act
• i) made illegal discrimination in certain places,
  but means of enforcement were very weak,
• ii) made incitement to racial hatred illegal
• 1968 Race Relations Act
• Enlarged the 65 Act (discrimination made illegal
  in employment housing, enforcement still weak,
  relying on the new Community relations Council to
  take up individual complaints
• 1976 Race Relations Act
• Extended the anti-discrimination laws to
  unintended as well as intended discrimination
•  1998 Human Rights Act
• 1976 RRA (Amendment 2000)
• Introduced positive duty

24
Antidiscrimination legislation

• UK see Unit 9 in reader
• Also Fredman, Sandra. Discrimination Law, OUP,
  2002

25
Case Study 2 - the NL

• Ethnic composition
• Central policies
• Wet SAMEN Act
• LBR Landelijk Bureau ter bestrijding van
  Rassendiscriminatie (National Bureau against
  Racism), annual reports at http//www.lbr.nl