B4-0108/98

Resolution on racism, xenophobia and anti-Semitism and the results of the European Year Against Racism (1997)

The European Parliament,

- having regard to Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms,

- having regard to the International Convention on the Elimination of All Forms of Racial Discrimination adopted in 1966,

- having regard to the new Article 29 of the EU Treaty and the new Article 13 of the EC Treaty, as incorporated into those treaties by the Treaty of Amsterdam, which establish the fight against racism and xenophobia and against the many forms of discrimination as a European Union objective,

- having regard to the conclusions of its committees of inquiry on racism and xenophobia (A2-0160/85 and A3-0195/90), and its resolutions of 21 April 1993 on the resurgence of racism and xenophobia in Europe and the danger of right- wing extremist violence ((OJ C 150, 31.5.1993, p. 127.)), 2 December 1993 on racism and xenophobia ((OJ C 342, 20.12.1993, p. 19.)), 20 April 1994 on ethnic cleansing ((OJ C 128, 9.5.1994, p. 221.)), 21 April 1994 on the situation of gypsies in the Community ((OJ C 128, 9.5.1994, p. 372.)), 27 October 1994 ((OJ C 323, 21.11.1994, p. 154.)) and 27 April 1995 ((OJ C 126, 22.5.1995, p. 75.)) on racism, xenophobia and anti-Semitism, 15 June 1995 on a day to commemorate the Holocaust ((OJ C 166, 3.7.1995, p. 132.)), 13 July 1995 on discrimination against the Roma ((OJ C 249, 25.9.1995, p. 156.)), 26 October 1995 on racism, xenophobia and anti-Semitism ((OJ C 308, 20.11.1995, p. 140.)), 9 May 1996 on the communication from the Commission on racism, xenophobia and anti-Semitism ((OJ C 152, 27.5.1996, p. 57.)) and 30 January 1997 on racism, xenophobia and anti-Semitism and the European Year Against Racism (1997) ((OJ C 55, 14.2.1997, p. 17.)),

- having regard to the declaration 'Europe Against Racism', issued on 30 January 1997 in The Hague by the Dutch Prime Minister and then President-in- Office of the Council, the President of the Commission and the President of the European Parliament, on the occasion of the conference inaugurating European Year Against Racism (1997),

- having regard to the public hearing on the topic 'European Year Against Racism 1997: an interim assessment', held by the Committee on Civil Liberties and Internal Affairs on 1 July 1997,

- having regard to the Council Joint Action of 15 July 1996 concerning action to combat racism and xenophobia ((OJ L 185, 24.7.1996, p. 5.)), Council Regulation (EC) No 1035/97 establishing a European Monitoring Centre for Racism and Xenophobia ((OJ L 151, 10.6.1997, p. 1.)) and the Council declarations of 24 November 1997 on the fight against racism, xenophobia and anti-Semitism in the youth field ((OJ C 368, 5.12.1997, p. 1.)) and of 16 December 1997 on respecting diversity and combating racism and xenophobia ((OJ C 1, 3.1.1998, p. 1.)),

- having regard to the undertaking given by Commissioner Flynn that relevant legal provisions would be introduced by the end of 1998,

A. whereas the European Union specifically undertakes in the Treaty of Amsterdam to respect human rights, fundamental freedoms and fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States (new Article 6 of the EU Treaty),

B. whereas the Treaty of Amsterdam also for the first time expressly lays down as an objective of the European Union the prevention and combating of racism and xenophobia in order to provide citizens with a high level of safety within an area of freedom, security and justice (new Article 29, first paragraph, of the Treaty on European Union),

C. whereas the Treaty of Amsterdam provides for the possibility that 'within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on ... racial or ethnic origin, religion or belief ...' (new Article 13 of the EC Treaty),

D. warmly welcoming the new Article 13 of the EC Treaty, but calling for the prompt ratification of the Treaty of Amsterdam and urging the Commission and the Council meanwhile to make the appropriate preparations so that the article concerned can enter into force immediately after that ratification,

E. whereas the basic principles of democracy and fundamental freedoms include respect for the cultural diversity of citizens, respect for the dignity of different cultures and the acceptance of cultural diversity as part of the democratic legal order, so that meetings and exchanges between the cultures should be fostered with a view to achieving better mutual understanding,

F. whereas cultural diversity must be seen as a source of social and cultural enrichment, and not as a danger to security and public order,

G. whereas appropriate forms of education, which foster tolerance, coexistence between cultures and non-discrimination, must form the basis of any policy which seeks to combat racism,

H. whereas the fight against anti-Semitism must be at the forefront of the policy to combat racism and xenophobia,

I. whereas today measures to combat xenophobia must focus in particular on discrimination against immigrants and religious minorities,

J. whereas, despite the many international initiatives against racism and xenophobia launched in recent years (United Nations 'International Year of Tolerance'; 'All different, all equal' - European youth campaign organized by the Council of Europe against racism, xenophobia, anti-Semitism and intolerance; the European Union's 'European Year Against Racism'), some sections of the population continue to hold racist and xenophobic views, views which sometimes even find expression in insults and violent attacks which leave the victims with psychological and physical injuries and permanent disabilities and in some cases even result in their death,

K. applauding the general activities undertaken by the European Commission as part of the European Year Against Racism,

L. having regard to the "Charter on European political parties for a non-racist society¨ adopted on 5 December 1997 by the EU Advisory Committee on Racism and Xenophobia (Kahn Committee) and the Conference "A code of good practice - political parties and non-discrimination¨ to be held from 26 to 28 February 1998 in Utrecht,

M. convinced that, if they are to have a sustainable positive impact, the wide range of measures launched to combat racism must be continued and further developed now that the European Year Against Racism has ended, and mindful of the fact that the Year should be seen as a basis for further measures, and not simply as a reminder of a problem,

N. whereas the European Union itself should set a convincing example in the fight against racism and xenophobia by constantly reviewing its own policies to check for possible racist, xenophobic or ethnic tendencies,

O. noting that economic problems in the Member States are being exploited by some politicians and opinion-leaders in order to incite people to racism and xenophobia, and urging all politicians and commentators to refrain from manipulating xenophobic instincts and, in their actions and political activities, to condemn all forms of intolerance and racist remarks,

P. whereas Parliament itself, as the Community institution which has been democratically elected and therefore represents the cultural diversity of Europe, must commit itself to the fight against racism and xenophobia,

Q. welcoming the formal establishment of the European Monitoring Centre on Racism and Xenophobia in Vienna on 20 January 1998 and hoping that it can embark on the tasks entrusted to it as soon as possible,

R. welcoming the Monitoring Centre, but noting the composition of the Board and concerned that great care be taken to ensure that its staff represent Europe's residents,

S. welcoming the above-mentioned Regulation (EC) No 1035/97; regretting that the Centre's tasks have been confined to specific areas under the first pillar and hoping that these restrictions will be removed when the Centre's tasks are reviewed, as they are due to be three years after its establishment,

T. hoping that the preparations for the work of the European Monitoring Centre on Racism and Xenophobia (recruitment of personnel, fitting-out of premises, provision of the requisite resources) can be quickly completed, so that the Centre can take on the tasks entrusted to it as soon as possible,

U. firmly believing that the European Union should require applicants for membership to guarantee the protection of minorities on their territories prior to accession,

1. Welcomes the fact that the new Article 29 of the EU Treaty expressly states for the first time that the fight against racism and xenophobia makes a vital contribution to creating an area of freedom, security and justice;

2. Calls on the Council and Commission to forward to Parliament, as soon as it has been completed, the assessment of the Member States' efforts to honour their obligations under the above-mentioned Joint Action of 15 July 1996, an assessment which must be carried out before the end of June 1998;

3. Calls on the Commission to propose an action programme under Title VI of the EU Treaty, using the above-mentioned Parliament and Council assessment as a basis, which sets out appropriate measures whereby the following actions can be categorized as criminal offences and punished effectively in all the EU Member States:

- incitement to racism and xenophobia and to commit racist and xenophobic acts,

- denial of the Holocaust and crimes against humanity,

- production, printing and dissemination of racist, xenophobic and revisionist material,

- participation in the activities of groups involved in racist or xenophobic actions or which advocate racist, xenophobic and revisionist doctrines;

4. Regrets that the Treaty of Amsterdam fails to enshrine non-discrimination as a fundamental principle with immediate effect under Community law and that the provisions of the new Article 13 of the EC Treaty first require implementing measures to be taken, which must furthermore be adopted unanimously by the Council;

5. Calls on the Commission, immediately after the entry into force of the Treaty of Amsterdam, to propose 'appropriate action' on the basis of the provisions on non-discrimination set out in the new Article 13 of the EC Treaty, in order to prevent and combat discrimination on the grounds of race, ethnic origin or religion;

6. Urges the Member States to treat racist, xenophobic or anti-Semitic motives for offences as aggravating circumstances;

7. Urges the European institutions and the Member States to develop their immigration policies in close coordination with a proper integration policy designed to promote mutual inter-ethnic acceptance and to harmonize the Member States' laws on immigration, coordinating the rights of immigrants in the various Member States; in this connection, consideration should be given to drawing up a European charter of immigrants' rights, so as finally to reach agreement on immigration into the European Union; accordingly, supports and highlights the good results of the work carried out by local NGOs regarding the status of immigrants, who often have no relevant documentation, such as the 'sans papiers¨, as a first step towards their integration;

8. Believes that the directives prohibiting discrimination, in particular in the fields of employment, education, health care, social security, housing and public and private services, could make a major contribution to curbing racism and xenophobia in the European Union; believes that consideration should also be given, in this connection, to whether and how the experience gained with regard to positive discrimination for women could be applied to other groups affected by ingrained discriminatory attitudes;

9. Calls on the Council and the Member States to draw up special programmes for female immigrants and asylum-seekers, since as a rule they find themselves exposed not only to racism, anti-Semitism and xenophobia, but also to discrimination on grounds of sex;

10. Calls on the Member States to structure school curricula appropriately and require exemplary behaviour from teachers, so as to encourage school children to tolerate and accept all their fellow human beings;

11. Welcomes the many measures and projects adopted or launched during the European Year Against Racism, particularly by the Commission, as important contributions to strengthening and consolidating public awareness of the dangers posed by racism and xenophobia;

12. Calls on the Commission to expand and consolidate the networks to combat racism set up during the European Year Against Racism, so as to ensure that the many positive initiatives launched during that year in the Member States have a long-term future;

13. Calls on the Commission to ensure that the programmes and experience of local and regional authorities and the NGOs are exploited and built on;

14. Distances itself from and unequivocally rejects politicians and parties that make racist and xenophobic statements at either national or European level and calls on all democratic parties to combat racist movements and groups and xenophobic tendencies in their own ranks with all the democratic means at their disposal;

15. Takes note of the Charter on European political parties for a non-racist society, referred to above and now to be submitted to the European political parties; calls on all political parties within the EU, and in particular in the European Parliament, to approve the Charter and use it as the basis for their work;

16. Recommends that, during accession negotiations, the applicant countries should be urged to guarantee the protection of minorities resident on their territories prior to accession and calls on the Commission to pay special attention to this point in its annual reports;

17. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the applicant countries and the Council of Europe.