Starting Line: reflections on the campaign for a European directive?

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Starting Line reflections on the campaign for a
European directive?

• Patrick Yu
• Executive Director of NICEM
• Former Chair of Starting Line

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Who were we?

• Informal network of experts in 1991
• Starting Line proposal in 1993
• Article 13 of Amsterdam Treaty
• New Starting Line proposal on racial and
  religious discrimination in 1998

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Political context of Article 13

• Schengen acquis
• Third pillar in the area of freedom, security and
  justice
• New legislative procedure (Consultation Procedure)

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Commission proposal

• Council Directive 2000/43/EC implementing the
  principle of equal treatment between persons
  irrespective of racial or ethnic origin
• Council Directive 2000/78/EC a general framework
  for equal treatment in employment and occupation

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Limitations

• Unanimous vote under Article 13
• Race covers both employment and service
  provision, not other grounds, in particular
  religion
• The concept of equal treatment
• National body

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Political Context during negotiation

• Austria and EU constitutional crisis in 2000
• Enlargement
• More immigration control and restrictions through
  Schengen acquis
• Input of the Starting Line Group

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Reflection 1

• Successful lobbying of the Starting Line Group
• Anti-discrimination unit was set up right after
  Amsterdam Treaty
• EUMC and ENAR set up as part of the process
• Race mainstreaming
• Network of experts

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Reflection 2

• 9-11 in America and Madrid bombing in 2003
• Race issues completely disappear in the radar of
  government at national level
• Framework Decision on Racism and Xenophobia 2001
• Transposition of the Directives
• Gender Directive on Service Provision

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Reflection 3

• Issues of capacity building within the NGOs
  sector on race
• The myth of law is the dominant cultures
• Few NGOs know the Directives which resulted low
  input or none at national legislation
• Activist vs Lawyer

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Future EU law in the area of equality

• An upward improvement of a new Single Equality
  law in EU covers all existing grounds with common
  concept of discrimination and scope of protection
• A recognition of differences among grounds and
  accept difference of treatment in terms of
  positive action or positive equality

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Future policy and practice

• Education and training
• Consolidate Equality Mainstreaming within EU law,
  policy and practice
• Testing cases

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Challenges Ahead

• European Institutions (EU, CoE OSCE)
• EU governments institutions
• Alliance building on multiple grounds and
  cross-sectors (inter and intra)

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The real challenge

• Who are we as an NGO?
• Are we part of the problems?
• Can we connect lawyers activists?
• Can we make people be practical?
• Can we create networks and alliance buildings?
• Can we handle politics?