Opinion of the Committee of the Regions on the "European Action Plan Against Racism"

(1999/C 198/10)

THE COMMITTEE OF THE REGIONS,

having regard to the communication from the European Commission on "An Action Plan Against Racism" COM(98) 183 of 25 March 1998;

having regard to the "Copenhagen criteria" concerning future enlargement, adopted by the Council in 1993;

having regard to its Opinion of 13 June 1996 (CdR 156/96 fin)(1) on the proposal for a Council Decision proclaiming 1997 European Year against racism;

having regard to the establishment of the European Monitoring Centre for Racism & Xenophobia in Vienna (Council Decision of 15 July 1996);

having regard to its own-initiative Opinion of 12 June 1997 (CdR 80/97 fin)(2) on racism, xenophobia and anti-semitism;

having regard to its resolution of 18 September 1997 (CdR 237/97 fin)(3) on future COR appointments in terms of equal opportunities;

having regard to its report of 19 November 1997 (CdR 343/97) on equal opportunities in the Committee of the Regions - outcomes and recommendations for future actions;

having regard to the "Charter of European political parties for a non-racist society" adopted on 5 December 1997;

having regard to the Opinion of the Economic and Social Committee (SOC/361) of 10 September 1998;

having regard to the Graz declaration of 9 November 1998 adopted during the European Conference on Racism and Xenophobia in Graz, 9 November 1998 (annex);

having regard to the EP report (Oostlander) of 3 December 1998 on the Action Plan Against Racism;

having regard to the decision by its Bureau on 15 July 1998, in accordance with Article 198c(4) of the EC Treaty, to issue an Opinion on the Action Plan against racism;

having regard to the draft Opinion (CdR 369/98 rev. 1) adopted by Commission 5 on 26 January 1999 (rapporteur: Mr Moore),

adopted the following opinion at its 28th plenary session on 10 and 11 March 1999 (meeting of 11 March).

1. Introduction: the need for action at the European level

1.1. Definition: Racism is a collective term for various forms of intolerance and discrimination. It covers xenophobia, anti-semitism, anti-islam and other forms of racist and religious discrimination.

1.1.1. Although the European Union was created to promote peaceful co-existence in Europe and between its citizens, violence and harassment, discrimination and exclusion continue to affect the lives of millions of people resident in the Member States.

1.1.2. Racism is alive and flourishing in the European Union: a recent survey conducted by the European Commission found that 33 % of Europeans declare themselves to be either "racist" or "quite racist", although in some Member States this figures exceeds 50 %. Racism can take many forms, from violent assault and murder, through verbal abuse and stereotyping, to more subtle forms of harassment, exclusion and discrimination.

1.1.3. It is important to recognize that this is a Europe-wide issue that demands action at European, national, regional and local level, as well as internationally. In a single market with freedom of movement for goods and people, anti-discrimination legislation applied in one Member State can be circumvented by simply moving to an adjacent state and broadcasting or distributing from there. Free movement of workers and the freedom of establishment have also generated internal migrations that have brought diversity to our communities, but have also created ready scapegoats in periods of economic decline. Lastly, racist organizations such as the neo-nazi movement have themselves created Europe-wide networks for the dissemination of racist material and co-ordinated action.

1.1.4. In this respect, the Internet merits a special mention insofar as it has become a highly influential instrument in social, educational and cultural terms, enabling the public and educationalists to overcome existing barriers to the design and distribution of entirely legitimate material. However, in other cases, the Internet may also become the ideal vehicle for conveying potentially harmful or illegal material, as is already the case as regards its role in distributing racist material and information.

Discrimination, including racial discrimination, is one of the most harmful purposes for which the Internet is increasingly being used. That is why there is a growing need for coordinated action by the Member States and the EU as a whole to identify these uses and develop strategies allowing users to continue enjoying the enormous benefits of the Internet, while being protected at the same time.

1.1.5. It is clear therefore, that in an internal market there is a need for co-ordinated anti-racist action and legislation at the European level. Ethnic and cultural diversity is one of the defining characteristics of "European" civilization, and must be cherished as a positive and enriching factor.

1.1.6. Until now, efforts to combat racism, xenophobia, anti-semitism, islamophobia and other forms of racial and religious intolerance or discrimination have been constrained at the European level by the absence of a clear legal competence. The Treaty of Amsterdam will provide this competence and the Commission has undertaken to produce draft legislation in 1999. In the interim, the Commission has already published an Action Plan Against Racism in order to pave the way for future legislation.

1.1.7. It is recalled that legislation combating discrimination on the basis of gender is well-established if not necessarily well-developed or highly-effective. The need for European action against other forms of discrimination naturally follows and is given greater force by inclusion of the comprehensive anti-discrimination clause in the Amsterdam Treaty (new Art. 13).

2. Development of a European anti-racism policy

2.1. General developments

2.1.1. The institutions of the European Union have frequently called for action against racism, xenophobia, anti-semitism and islamophobia. Successive resolutions of the Parliament and Council identified the need for action and legislation based on a new Treaty provision. This has now been achieved as the result of the Amsterdam Treaty which inserts into the EC Treaty at Art. 13: "Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred on it, 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 sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation."

2.1.2. At Art. 29 the Treaty also calls for "common action among the Member States in the fields of police and judicial co-operation...by preventing and combating racism and xenophobia."

It is recalled that the COR's 1996 opinion underlined the "crucial" role of the police and judicial system in reducing racism and prejudice. It called for equal opportunities in the recruitment of police forces and for appropriate training to ensure that police officers are sensitive to the needs of minority communities and religious groups.

2.1.3. In parallel with the Treaty amendments there have been a number of significant developments. The Commission established the European Monitoring Centre on Racism and Xenophobia in Vienna in June 1997. Its main remit is to study the extent and trends of racism, xenophobia and anti-semitism in the European Union, and to analyze causes, and effects/consequences. The Centre's findings will be published in an annual report. The Council designated 1997 as European Year against Racism, which was important in raising the profile of the fight against racism, in building pan-European networks and coalitions against racism (including the recently established European Anti-racism Network of ngos), and putting pressure on the Amsterdam IGC to act. Finally, building on the achievements of the foregoing, the Commission published an Action Plan Against Racism on 25 March 1998.

2.1.4. In its 1996 opinion, the COR welcomed the proposal for designating 1997 as European Year Against Racism and declared that it "fully supports the intentions of the Commission to curb racism, xenophobia and anti-semitism". The 1996 opinion and the subsequent own-initiative opinion of 1997 put particular emphasis on the need for exchange of experience and best practice at the local and regional level.

2.1.5. The COR published a Statement of Intent in 1998 in which it asserts that it "will resist discrimination whatever its form - for example, on the grounds of gender, ethnic origin, disability, age, sexuality or religion". It is therefore important that the COR applies to these categories of discrimination, the same high-level activities that it undertook with regard to gender, notably in terms of its own employment policy (recruitment, training, promotion, terms and conditions of employment, harassment - to be achieved through its Equal Opportunities Joint Committee [COPEC]); the scope of the senior member of staff assigned to promote equality issues within the COR; the scope of the annual equal opportunities report; developing an audit process for opinions and documents into a comprehensive mainstreaming policy; developing an equality monitoring and evaluation strategy; regular monitoring of the composition of COR members and a research project to survey the experiences of black and ethnic minority members or members whose national or cultural background differs from the indigenous one; workshops for members and officers to raise awareness of equality issues.

2.1.6. The European Commission refers to the importance of mainstreaming the fight against racism into its pre-accession strategy and in progress reports. The COR has a contribution to make through its Contact Group with Cyprus and Central & Eastern Europe. This group has the opportunity to publicize best practice at the local and regional level, existing national legislation and, ultimately, the Community aquis that the applicant countries must accept. The fight against racism must be an integral element of all contacts through this Group.

2.1.7. Equal opportunities, in its broadest definition, is incorporated into the COR political priorities.

3. The role of local and regional authorities

3.1. Introduction

3.1.1. Local and regional authorities have a pivotal role to play. This level, which is closest to the citizen, can marshal social, cultural, economic and political instruments both to promote the integration of minorities with the resident communities, and can actively combat discrimination and the causes of discrimination in employment and at the workplace, in schools and colleges, and throughout the community.

3.2. Key activities

3.2.1. Local authorities can and should be catalytic in combating racism in seven key spheres:

3.2.1.1. Equality policies and practices for the region

Local or regional authority policies can be assessed for equality impact on the basis of mainstreaming equality across all aspects of the authority's work within the context of an overall equality strategy.

3.2.1.2. The Authority as an employer

Most local or regional authorities are among the largest employers in their areas and therefore can have an important demonstration-effect in terms of recruitment and selection guidelines; monitoring and appraisal; training.

3.2.1.3. Catalyst and active agent in legislative and social awareness

Local and regional authorities can improve employer-awareness of their obligations and the benefits of an open recruitment policy through various media. The local authority as a large-scale purchaser of goods and services may be a catalyst for this. In terms of social awareness, local and regional authorities should strive constantly in various ways to alter the general public's attitudes and create a climate of disapproval and rejection of racism.

3.2.1.4. Social partnerships

Racism does not exist in a vacuum - issues in the community cannot be tackled unless there are inter-agency and trans-service collaborations between social services, police, housing, schools, probation services, community development organizations, voluntary organizations, ngos, and employment services.

3.2.1.5. Education and training

Education is a key area in which local and regional authorities can contribute to the fight against racism. In its 1996 opinion, the COR called for networks to exchange educational material, in-service training of teachers, support for disadvantaged pupils to enter the teaching profession, support for the teaching of Community languages, and the development within the overall curriculum of anti-racist education. The EU assists education authorities through its various education programmes, notably through promoting trans-national school exchanges, which prepare an awareness of other cultures and societies, and a capacity to live in a multi-cultural and multi-racial environment.

3.2.1.6. Political activism and the mainstreaming of "voice and ownership"

It is important to engage minority groups in the political process, both as voters and as candidates. It is only by involving minorities in this process can policies and legislation be developed that address the needs and aspirations of all sectors of the community, and overcome a culture of exclusion and alienation.

3.2.1.7. Urban regeneration and development

The European Commission puts an emphasis on linking urban policy with the fight against racism. This is vital as it is in cities that the concentration of long-term and youth unemployment and economic and environmental deprivation fosters racial and other social tensions. Local authorities have a key role to play in addressing these and other causes of racism that manifest themselves at the local level.

3.2.1.8. Structural Fund Policy

Action to tackle social exclusion and discrimination in all its forms is an active part of the Commission's attitude towards the European Social Fund and the Community Initiative Integra. It is important that this receives even greater prominence in the revised guidelines for the Structural Funds after 1999, with explicit reference to the need for coordinated action at local, regional, national and EU level to tackle the problem of racism in all its forms.

4. European Action Plan Against Racism

4.1. Outline of the Action Plan

4.1.1. The European Commission's Action Plan Against Racism aims to establish a coherent framework for measures to combat racism at the European level, and practical and procedural measures to prepare the ground for legislation and future and more ambitious action. There are four strands:

4.1.2. Paving the way for legislative initiatives - the European Commission will propose new legislation to combat various categories of discrimination in 1999;

4.1.3. Mainstreaming the fight against racism - the Commission will mainstream its effort across policy areas, and will take account of the principle of non-discrimination in its recruitment policy;

4.1.4. Developing and exchanging new models - the active involvement of minority groups is seen as key in planning, developing and implementing all aspects of project work, highlighting contributions, and promoting positive messages about the benefits of diversity. Areas for specific focus could include racism in the workplace and in sport, in everyday life, the role of the media, and legal measures for combating racism and specific actions of publicly funded bodies like regional councils and local authorities;

4.1.5. Strengthening information and communication action - the European Commission intends to raise the visibility of the campaign against racism.

4.1.6. The Commission will publish a report setting out the progress made by the end of 1999. The report will focus on legislative and mainstreaming developments, taking account of the results of two conferences on these subjects in 1998 and 1999 respectively.

4.2. The local and regional dimension in the Action Plan

4.2.1. The Action Plan stresses the need for partnerships and co-operation between local authorities and Member States, ngos, the social partners, media and sports bodies. In particular, the Commission recognizes that local authorities have a key role to play in developing strategies to prevent and combat racism at the level closest to the citizen.

4.2.2. Many of the activities identified in the Action Plan, such as schools-based and youth activities, measures under the new Community Initiative for equality (EQUAL), cultural actions and the inclusion of social objectives into public procurement, have implications for local and regional authorities as service providers, facilitators and purchasers. Unfortunately, the local/regional dimension is not clearly articulated in the Action Plan.

4.3. Assessment of the Action Plan

4.3.1. There is much to be welcomed in the Action Plan. The concept of mainstreaming is important although it is vital that this must not lead to a loss of focus and visibility for anti-discriminatory policies and activities - as appears to be the trend in the sphere of gender-mainstreaming. The Action Plan is surely right in giving attention to identifying the causes of racism, and in this respect the references to schools-based and youth activities is relevant and of considerable interest to local authorities; the rapporteur calls on the Vienna Centre to research and identify the underlying factors that feed racism, xenophobia, anti-semitism and islamophobia in order that an appropriate strategy can be constructed at local, regional, national and European levels. It is already clear, however, that conditions of high or long-term unemployment both feed racial tension and impact disproportionately on immigrants and ethnic minorities - here again, local and regional authorities have a role both as very significant employers and in developing sub-national strategies for job creation and tackling youth unemployment.

4.3.2. It is regretted however, that the Action Plan is restricted essentially to regrouping and rebranding existing policies. Whilst incorporating many diverse and progressive actions, the Action Plan as a whole includes little that is new or innovative. Given that most of the actions identified were devised within the context and objectives of other Community programmes and initiatives, it cannot be guaranteed that they will deliver an optimal anti-racism strategy: there is a clear need for the internal inter-service co-ordination group that is proposed by the Action Plan. One could go further and recommend that there should be an inter-institutional working group, linking with the Vienna Centre and the newly established European Anti-Racist Network of ngos, including the Migrants Forum. Finally, there is no guarantee that those aspects of Community policy identified as supporting the Action Plan Against Racism will be adequately funded: no budgetary assessment is given in the Commission paper.

5. Towards a legislative framework

5.1. In its 1996 opinion, the COR welcomed the intention to apply non-discrimination clauses in community instruments and gave support to the IGC proposals to strengthen Treaty provisions in this respect.

5.2. The experience of existing anti-discrimination legislation in the field of gender-equality provides useful lessons: the scope of gender-equality legislation has largely been limited to employment issues by the restrictiveness of the existing legal base; it has not always transposed well into national legislation; it is rarely implemented effectively. Few would deny that a gender-gap exists in terms of pay and employment, even though the Equal Treatment Directive has been in force for well over 20 years.

5.3. It is therefore essential that any future legislation has a comprehensive scope (now provided for by the Amsterdam Treaty) and procedures for monitoring and enforcement, including the right of individuals to be represented by intermediaries to avoid the fear of identification and reprisal. Equally, whereas the anti-discrimination clause refers to a wide range of types of discrimination, each has a different cause and manifestation: the European Commission should consider a series of individual directives addressing specific forms of discrimination, to complement a general framework directive.

5.4. For example, specific action may be considered to favour the 10 million third-country nationals who legally reside and work within the European Union. Many third country nationals benefit currently from preferential treatment within their country of residence by virtue of bilateral agreements with their country of origin, e.g. Commonwealth citizens within the UK. However, these benefits cease once they move to another EU Member State. The issue of family members is also of concern, as legally resident third country nationals also have a basic human right to family life. The concept of European citizenship, introduced by the Maastricht Treaty, confers on all European citizens the right to stand and vote in local and regional elections in their country of residence; this right could be conferred on third country nationals subject to a qualifying period of residence.

5.5. It must be recognized that although the Member States included the anti-discrimination clause in the Treaty, this is no guarantee that they will agree new legislation nor that it will be applied effectively. Pressure must be put on national governments to use the new provisions urgently and comprehensively.

6. Concluding remarks

6.1. The need to combat racism and various forms of harassment and discrimination is manifest. Efforts are needed at local and regional level - and at national and European level - supported by voluntary organizations, to provide co-ordination and collaboration across borders, and to combat the increasing mobility and co-ordination of racist groups within the single market.

6.1.1. Racism and discrimination must be tackled in a wide range of policy fields: education, vocational training and youth policy; employment; social security; health and welfare benefits; urban policy; housing; provision of facilities and services; the exercise of its functions by any public body, including public procurement; etc.

6.2. Well-targeted European legislation would add force to anti-racist activities and would provide the assurance of a common high level of assurance throughout the EU and, in the context of enlargement, across the wider Europe. The activities identified in the Action Plan will also contribute to a generalized effort to combat racism, but they must be well co-ordinated and must fully reflect the role and capacities of local and regional authorities.

7. Conclusions

7.1. The Committee of the Regions:

7.1.1. Recognizes that racism, xenophobia, anti-Semitism and islamophobia are Europe-wide phenomena requiring a Europe-wide response.

7.1.2. Considers that local and regional authorities, because of their proximity to the citizen and because of the cultural and racial diversity of their constituencies, bear a special responsibility to combat discrimination and exclusion, and to promote participation in the political process.

7.1.3. Calls upon local and regional authorities to treat the fight against racism as a constant priority in policy-making.

7.1.4. Recognizes that the Action Plan against racism is closely bound to the ratification of the Amsterdam Treaty and the competences and legislation that will flow from it, which will together create an environment for positive action by the Committee of the Regions.

7.2. As regards EU competences after ratification of the Amsterdam Treaty:

7.2.1. Recognizes that the Amsterdam Treaty specifically states that one of the EU's objectives is to prevent and combat racism and xenophobia (new Treaty Art. 29) and that the Council may take appropriate action to combat discrimination based on race or ethnic origin, religion or belief (new Treaty Art. 13).

7.2.2. Welcomes Commissioner Flynn's undertaking to propose, in 1999, a framework directive on anti-discrimination, to be supplemented with a series of individual directives addressing specific issues pertaining to different forms of discrimination.

7.2.3. Requests that the COR be directly consulted on all legislative proposals consequent upon ratification of the Amsterdam Treaty in the field on anti-discrimination and equal opportunities, having local or regional considerations.

7.3. As regards the Action Plan Against Racism:

7.3.1. Welcomes the publication of the Action Plan Against Racism as an interim measure to prepare the ground for future action following ratification of the Amsterdam Treaty.

7.3.2. Welcomes the application of the mainstreaming principle, but wants this to go beyond the cosmetic rebranding of existing actions and therefore calls for an integrated strategy to combat racism and for regionally and locally based measures taken under the Plan to be clearly and viably structured.

7.3.3. Calls for greater resources to be allocated to European anti-racist activities and organizations or networks.

7.3.4. Calls for the provision of reliable data and an assessment of the causes of racism and other forms of intolerance and discrimination.

7.3.5. Recognizes the pivotal role of education and employment policies in tackling the causes of racial tension, and the role of educational authorities and schools in devising school curricula which promote the values of solidarity, pluralism, tolerance and the celebration of diversity, and to improve the education of migrant workers.

7.3.6. Calls on the Commission to produce, in conjunction with the COR, a vademecum of best practice in the field of local and regional actions against racism.

7.3.7. Calls for the establishment of an inter-institutional contact group to co-ordinate and promote activities at a European level, in conjunction with the European Monitoring Centre on Racism and Xenophobia and the European Network Against Racism.

7.4. As regards the Committee of the Regions itself:

7.4.1. Considers that the COR, as the EU body representing local and regional authorities, has a key role to play in promoting European citizenship and in promoting social cohesion and equal access to public services.

7.4.2. Recalls that equal opportunities, in its broadest definition, represents a horizontal political priority of the COR, as established at the extraordinary Bureau of 10.6.1998.

7.4.3. Recalls its resolution and reports of September-November 1997 and the 1998 Statement of intent on equal opportunities in the COR, specifically as regards the work of the commissions and staffing policy of the COR, confirms that the resolution applies to all forms of discrimination including on grounds of race or religious beliefs, and instructs the Secretary-general to expedite action in this regard.

7.4.4. Emphatically endorses the "Charter of European political parties for a non-racist society".

7.4.5. Firmly rejects any form of alliance or political co-operation with or between individual members or political groups which advocate racist or discriminatory policies, or who hold office with the support of avowedly racist or xenophobic parties in their local or regional councils.

7.4.6. Undertakes to participate in EU-wide activities, fora and campaigns involving the EU institutions in the fight against racism.

7.4.7. Undertakes, as part of its ongoing contacts with the applicant countries of Central, Eastern and Southern Europe, to inform local and regional authorities of the existing Community acquis and best practice in the EU Member States, and to make best endeavour to engage in dialogue with community groups working with minorities or migrants within the applicant countries.

Brussels, 11 March 1999.

The President

of the Committee of the Regions

Manfred DAMMEYER

(1) OJ C 337, 11.11.1996, p. 63.

(2) OJ C 244, 11.8.1997, p. 58.

(3) OJ C 379, 15.12.1997, p. 65.

APPENDIX

to the opinion on the Committee of the Regions

Graz Declaration

At the European conference held in Graz (Austria) on racism and xenophobia, which coincides with the 60th anniversary of "Kristallnacht", the Conference:

Considering that respect for human rights constitutes a fundamental principle shared by all Member States, and which is guaranteed by the democratic and pluralist political systems within the European Union, based on parliamentary institutions and independent judicial machinery;

Having regard to both its opinion of 13 June 1996(1) on the "Proposal for a Council Decision proclaiming 1997 European Year against Racism" and its own-initiative opinion of 12 June 1997(2) on "Racism, xenophobia and anti-semitism";

Whereas the Amsterdam Treaty specifically states that one of the European Union's objectives is to prevent and combat racism and xenophobia (new Treaty Article 29);

Whereas the Treaty on European Union provides that the Council may, acting unanimously, take appropriate action to combat discrimination based on race or ethnic origin, religion or belief (new Treaty Article 13);

Whereas the Treaty also states that the European Union shall respect 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 Treaty Article 6);

Whereas the Committee of the Regions, as the European Union body representing the local and regional authorities, has a key role to play in promoting European citizenship and must therefore be particularly energetic in combating racism and xenophobia;

Whereas these local and regional authorities, being the level of government closest to the citizen, have a concrete and irreplaceable role to play in this fight, especially in ensuring equal access to public services;

Whereas a code of conduct is set out in the Charter of European Political Parties for a non-racist society, adopted in Utrecht on 28 February 1998;

1. Firmly rejects any form of alliance or political cooperation with parties which make racist or xenophobic statements at local, regional, national or European level and asks all democratic parties and all authorities at all levels to oppose the activities of such groups and racist movements with all democratic means placed at their disposal;

2. Supports all types of venture and partnership between local, regional, national and European levels, especially in giving equal access in areas such as education, training, housing and employment (bearing in mind the major role played by local and regional authorities in their capacity as employer), and enabling a successful integration of the various communities and a mutual cultural enrichment;

3. Feels that the local and regional authorities, because of their closeness to the grassroots level, bear a special responsibility in the face of the scourge of increasing indifference to the discrimination and exclusion of persons of a different racial, ethnic and cultural origin;

4. Requests the Member States and/or local and regional authorities, within their competences in this field, to devise and encourage school curricula which promote the values of solidarity, pluralism, tolerance and acceptance of differences and aim to foster equal opportunities; and equally to improve the education of migrant workers, based on best practice in several local and regional authorities;

5. Welcomes the recent publication by the European Commission of the Action Plan - against Racism, which must be regarded as a transitional measure, paving the way for legislative proposals and future action once the Amsterdam Treaty has been ratified;

6. Welcomes the recent setting-up of the European Racism and Xenophobia Network and the adoption of a programme of actions focusing mainly on launching campaigns to boost awareness of anti-racist policies and on helping to link local, regional and national problems with European problems;

7. Calls for an increase in the capacity for action of the European Monitoring Centre for Racism and Xenophobia and the European Racism and Xenophobia Network, and equally a new cooperation between the community institutions and the Committee of the Regions;

8. Calls the Member States to facilitate a speedy political integration of non-EU migrant workers being in line with the law and to eliminate all aspects leading to racism in certain national policies and/or practices in respect of immigration and asylum; in this connection, the participation in local elections of third country nationals having established residence is an important part of integration;

9. Calls upon the local and regional authorities to treat the fight against racism as a constant priority in policy making.

Graz, 9 November 1998.

(1) CdR 156/96 fin - OJ C 337, 11.11.1996, p. 63.

(2) CdR 80/97 fin - OJ C 244, 11.8.1997, p. 58.