RESOLUTION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL

of 5 October 1995

on the fight against racism and xenophobia in the fields of employment and social affairs

(95/C 296/05)

THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Community,

Having regard to the declaration by the European Parliament, the Council, the Representatives of the Member States, meeting within the Council, and the Commission of 11 June 1986 (1) and all the resolutions on the matter adopted since then, particularly the resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council, of 29 May 1990 on the fight against racism and xenophobia (2),

Having regard to the conclusions on racism and xenophobia adopted by the European Council at meetings in Corfu on 24 and 25 June 1994, in Essen on 9 and 10 December 1994 and in Cannes on 26 and 27 June 1995,

Whereas Article F (2) of the Treaty on European Union lays down that 'the Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law';

Whereas, in the Single European Act, the Member States stressed the need 'to work together to promote democracy on the basis of the fundamental rights recognized in the constitutions and laws of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, notably freedom, equality and social justice';

Whereas despite the progress achieved as a result of the efforts made by the Member States in recent years to guarantee fundamental rights for individuals and to develop policies of integration, violence and xenophobia continue to exist within the European Union, with adverse consequences for social cohesion;

Whereas current unemployment is the cause of a rise in economic problems, excludes millions of people in the European Union from participating with any dignity in economic, social and political life and is a breeding-ground for attitudes propitious to racism and xenophopia;

Whereas the elimination of all forms of racial discrimination, direct or indirect, and attitudes and behaviour inspired by racism and xenophobia requires effective national rules and their monitoring by the national, regional and local authorities;

Whereas regard should be had to the European Parliament resolutions of 27 October 1994 (3) and 27 April 1995 (4) and in particular the concern expressed by the European Parliament at the electoral support for parties which profess xenophobic and racist ideas;

Whereas, in its resolution of 19 January 1995 on the White Paper (5) on European Social Policy, the European Parliament urged the Commission 'to put forward proposals to safeguard people's equal employment opportunities, irrespective of their age, race, sex, disability or beliefs';

Whereas the Commission plans to present a communication to the Parliament and the Council detailing its action plan in this field;

Whereas regard should be had to the conclusions of the Council of 30 May 1995 and the final report by the Consultative Commission on Racism und Xenophobia set up by the European Council in Corfu;

Whereas the United Nations has declared 1995 International Year of Tolerance and the Council of Europe has agreed, on the basis of the Vienna Declaration, to conduct a European campaign against racism, xenophobia, anti-semitism and intolerance this year as part of its plan of action;

Whereas it behoves the institutions of the European Union and the competent authorities of the Member States, each in keeping with its powers, to take the necessary measures to implement this resolution;

Whereas this resolution affects neither Community law, particularly with respect to the free movement of persons, nor the relevant national provisions, particularly with respect to social security, right of residence and access to employment, applicable to persons not covered by Community law,

1. CONDEMN in the strongest terms racism, xenophobia and anti-semitism in all their forms, flagrant breaches of individual rights, and religious intolerance, particularly in the fields of employment and social affairs;

2. NOTE the concern repeatedly expressed by the European Parliament at the rise in acts of racist violence in several European countries and the increase in propaganda inciting xenophobia for electoral purposes in some countries;

3. RECOGNIZE the great importance of implementing, in the field of social policy, policies based on the principles of non-discrimination and equal opportunities at Union and Member State level, within the framework of their respective powers, as a contribution to the common fight against racism and xenophobia;

4. NOTE with interest that the Council is studying measures aimed at:

(a) making any incitement to racial or religious discrimination, violence or hatred a criminal offence under the Member States' national laws;

(b) approximating judicial and administrative practices in the Member States in order to combat the acts in question;

(c) improving international cooperation in this area, specifically as regards the control of racist material, in whatever form, and its cross-border dissemination;

5. NOTE WITH SATISFACTION that the Member of the Commission responsible for social affairs and employment has been specifically entrusted with the fight against racism and xenophobia and all related problems of discrimination on such grounds;

6. CALL UPON the Commission to present, in its communication, a review of the measures taken in the context of existing Community programmes and the possibilities for future measures in the sphere of the fight against racism and xenophobia;

7. CALL UPON the Member States, account being taken of the recommendations made by the Consultative Commission on Racism and Xenophobia, to make progress towards achieving the following common objectives:

(a) guaranteeing protection for persons against all forms of discrimination on grounds of race, colour, religion or national or ethnic origin;

(b) promoting employment and vocational training as significant means of integrating persons legally resident in the Member State concerned, bearing in mind the diversified nature of society;

(c) fighting all forms of labour discrimination against workers legally resident in each Member State;

(d) promoting equal opportunities for the groups most vulnerable to discrimination, in particular women, young people and children;

(e) promoting adherence to democratic principles and human rights, and the principle of cultural and religious diversity among young people and the general public in Europe;

(f) stimulating cooperation and the exchange of experience between Member States on working methods and arrangements to promote social cohesion;

8. CALL UPON the Member States to adopt the following measures:

(a) ratification, by those Member States which have not yet done so, of the international instruments concerning the fight against all forms of racial discrimination;

(b) development, in teaching systems, in vocational training establishments and instructor training establishments as well as in training programmes for public servants and business executives, of respect for diversity and the equality of human beings and of the spirit of tolerance;

(c) support, for citizen's movements and organizations actively committed, by democratic means, to the fight against racism and xenophobia, and determined cooperation with those movements and organizations, in accordance with national practice;

(d) promotion of effective instruments of self-regulation, such as codes of good conduct, for media professionals;

9. INVITE the social partners, while respecting their autonomy, to take an active part in the achievement of the objectives referred to in this resolution and to support by their actions the measures adopted by the Member States to fight racism und xenophobia.

(1) OJ No C 158, 25. 6. 1986, S. 1.

(2) OJ No C 157, 27. 6. 1990, S. 1.

(3) OJ No C 323, 21. 11. 1994, p. 154.

(4) OJ No C 126, 22. 5. 1995, p. 75.

(5) OJ No C 43, 20. 2. 1995, p. 63.