WRITTEN QUESTION P-3154/95 by María Aramburu del Río (GUE/NGL) to the Council (14 November 1995)

Subject: Racist attacks and protection for immigrants

In view of the civil disturbances and acts of aggression against immigrants living in Ceuta which have occurred during November this year and the fact that racist and xenophobic acts of this kind are happening increasingly frequently in the EU, thereby demonstrating that precautions are not taken to safeguard the immigrant population in the Member States of the European Union, does the Council intend to take steps to prevent and, if necessary, punish these racist and xenophobic acts?

Will the Council take steps to ensure that the EU has a policy on immigrants which does not involve 'closing' the EU to them but rather entails a quest for positive policies aimed at introducing measures to ensure that immigrants have decent living conditions and that their basic human needs are met?

Reply (14 October 1996)

1. The Madrid European Council on 15 and 16 December 1995 emphasized the results obtained on defining strategies to combat racism and xenophobia. Indeed, on 5 and 23 October 1995, the Council and representatives of the Member States adopted two Resolutions on the fight against racism and xenophobia, in the field of employment and social affairs and in the field of education. With regard to police cooperation in combating racism and xenophobia, the Council adopted a Recommendation on 23 November 1995 to improve the training of instructors at police training colleges, improve basic police training and provide for a continuous training module in order to achieve a better understanding and analysis of racist and xenophobic phenomena, facilitating appropriate responses on the ground.

2. In the area of judicial cooperation, the Council is examining a draft joint action, based on Article K.3 of the TEU, on action against racism and xenophobia. It reached political agreement on the text of the joint action at its meeting on 19 March 1996. The draft is intended to facilitate international judicial cooperation to combat racism and xenophobia by making certain racist or xenophobic behaviour punishable as a criminal offence or, failing that, and pending the adoption of any necessary provisions, by derogating from the principle of double criminality.

3. Finally, the Consultative Commission on Racism and Xenophobia, set up by the Corfu European Council in June 1994, is currently drawing up a report to the forthcoming European Council in Florence on the feasibility of a European Monitoring Centre on Racism and Xenophobia.

4. Immigrant reception policy is an area in which the Council is continuing its work. Thus, besides the texts adopted in 1993 and 1994 on family reunification and on the admission of third-country nationals to the territory of the Member States for the purposes of employment, pursuing activities as self-employed persons or study, it also adopted a Resolution in 1995 on the status of third-country nationals residing on a long-term basis in the territory of the Member States. This Resolution, which covers residence authorizations, freedom of movement within the Member State of residence, living conditions within that State (work, membership of trade unions, housing, social security, health care and schooling), is an important step - albeit neither perfect nor complete - towards not only better integration of third-country nationals, but also integration at a level and under conditions which are harmonized within the European Union.

This measure received further backing through the Council Decision of 22 December 1995 on systematic monitoring of the implementation of instruments already adopted concerning admission of third-country nationals.

The attention of the Council's bodies is currently focused on a particularly vulnerable group of people: unaccompanied alien minors.

In this reply, the Council would also like to mention the situation of asylum seekers and refugees, as it considers harmonization measures are also needed with regard to their reception arrangements. Council bodies are currently working on a draft text on reception arrangements for asylum seekers. Lastly, a questionnarie on what refugee status entails in our Member States is currently being processed: the Council will decide what action to take in the light of Member States' replies.