CELEX: 51988PC0318
Language: en
Date: 1988-06-22
Title: Proposal for a COUNCIL RESOLUTION THE FIGHT AGAINST RACISM AND XENOPHOBIA (Submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 318
Vol. 1988/0121
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM ( 88 ) 318 final
                                                    Brussels , 22 June 1988
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                       Proposai   *<    ?
                     COUNCIL RESOLUTION
      . ON THE FIGHT AGAINST RACISM AND XENOPHOBIA
                ( Submitted by the Commission)
 ---pagebreak---                                                                C=>n 2 iff
                  COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
                  ON THE FIGHT AGAINST RACISM AND XENOPHOBIA
1 . The fight against racism and xenophobia forms part of the general
question of protecting fundamental rights , which is one of the main aspects
of identity and the movement towards integration in the Community . 1
In this connection , the preamble to the Single European Act affirms the
determination of the Member States 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 " and the responsibility incumbent upon
Europe "in particular to display the principles of democracy and compliance
with the law and with human rights to which they are attached" .
2.    At a time when instances of hostility towards foreign workers are
being recorded ,
action has been stepped up at Community level to achieve social equality .
Examples of this are
* the communication from the Commission to the Council of 29 March 1984
   concerning the implementation of a Mediterranean policy for the enlarged
   Community ;**
* the communication from the Commission to the Council of 1 March 1985 on
   guidelines for a Community policy on migration3 and the subsequent
1 Cf . in particular the joint declaration on the protection of
   fundamental rights in the European Community (QJ C 103 , 7.4.1977).
2 001(84)107 final of 29 March 1984 .
3 OCM( 85)48 final , 1.3.1985 .
                                                                              Jj
 ---pagebreak---                                           - 2 -
   resolutions of the European Parliament of 9 May 19854 and the Council
   of 16 July 1985;®
* the Resolution of the European Parliament of 16 January 1986® on the
   rise of racism and facism in Europe , calling on " the Commission , the
   Council , the other Community institutions , the parliament committees , the
   Bureau of the European Parliament , and the governments and parliaments of
   the Member States , to take the measures necessary to put into practice
   the recommendations contained in the committee of inquiry 's report on
   that subject ";
* the interinstitutional Declaration against racism and xenophobia of
   11 . 6 . 1986 , 7 in which the European Parliament , the Council , the
   representatives of the Member States meeting within the Council , and the
   Commission looked upon it as "indispensable that all necessary steps be
   taken to guarantee that this joint resolve is carried through" (to
   protect the individuality and dignity of every member of society and to
   reject any form of segregation of foreigners ).
3 . All the legal systems of the Member States of the Community certainly
proclaim that all citizens are equal and that fundamental rights are
protected . For some years now , several Member States have had legislation
which punishes written and spoken words and acts of a racist nature and
grants associations engaged in the fight against racism the right to
Institute a civil action or even lodge a complaint in court in the event of
discrimination . These legislative provisions , which the publio authorities
must apply without faltering (initiation of publio action by the court
itself ), must be encouraged and improved , for example by means of a more
4  OJ C     141 , 10.6.1985 .
5  0JC      186 , 26.7.1985 .
6  OJ C     36 , 17.2.1986 .
7  OJ C     158 , 25.6.1986 .
 ---pagebreak---                                      - 3 -
restrictive definition of the concept of " legitimate grounds " which
sometimes serves to conceal the real reasons for a refusal to provide
goods , employment or services , an increase in the number of legal persons
able to bring civil proceedings , and closer harmonization with the
provisions protecting the freedom of the press . Finally , the provisions in
foroe could usefully be complemented by mediation structures , already set
up in some Member States , particularly in areas where tensions run high .
The involvement of associations fighting discrimination based on racist
attitudes or xenophobia is particularly desirable in this connection in
view of their flexible approach enabling rapid and effective action to be
taken in the search for solutions to conflict situations .   Mediation should
play its part particularly in the field of employment and housing
conditions , which are of major importance from the point of view of the
integration of foreign communities and have direct effects in terms of
health , income and education .
4 . However , it is obvious that repression alone cannot overcome all forms
of racism and xenophobia . In addition to legal or Institutional action as
such , encouragement should be given to specific policies seeking among
other things to develop communication between communities .
Xenophobia and racist attitudes are fed by ignorance of other people and a
lack of understanding of different cultures . They also stem from the
unsuitability of education and training structures .
The Commission is convinced that information and communication structures
should be developed and more done with regard to education and training .
5 . On the question of information, the following measures should be
pursued or stepped up :
                                                                              4
 ---pagebreak---                                          - 4 -
 * comparative assessment of the legal instruments implemented in the
     various Member States to punish acts and spoken or written words of a
     racist or xenophobic nature ;
 * publication of texts (posting of laws and of the inter-institutional
     Declaration in public places , such as town halls , police stations ,
     schools , post offices , etc .) and court judgments , with the aim of both
     education and dissuading ;
 * demoscopic studies ( Eurobarometer ) on the perception of democratic
      values and on the state of relations between the
     various communities living in Europe , studies on the difficulties
     encountered and policies implemented in a number of ■urban centres with
     large immigrant populations ;
 * drawing the attention of those responsible for providing information to
      the importance of the role that they can play in eliminating racial
     prejudice and promoting harmonious relations between the communities
      living in Europe ; encouraging a debate on the ethics of information in
      the face of instances of violence , particularly of a racial nature ;
* production of a report every three years assessing the position as regards ,
     the integration of migrant communities within society ;
* promotion of the organisation of migrants' associations at Community
     level so as to facilitate the dialogue between the migrant community
     and the Community institutions .
6
6 ..    On the question of developing education and training measures , various
types of measure should be given priority :
                                                                                .5
 ---pagebreak---                                     - в -
- improving the training of publio servants ooming into oontaot with
  immigrants (training courses to increase their awareness ) and of
  teachers , particularly in areas with a large immigrant population , in
  order to introduce them to or perfect their knowledge of teaching methods
  adapted to children and adolescents from different communities ;
- promoting the teaching of the languages and cultures of origin ;
- promoting a European dimension in education , which can only develop civic
  mindedness and the values of pluralism and tolerance among young
  Europeans ; the means used to promote this European dimension should ,
  remain flexible and suited to the specific situation of each Member
  State ;
- extending international exchange programmes for young people as a means
  of promoting tolerance and understanding ;
- developing and extending current cooperation
          aimed at improving the education of migrant workers' children .
                                                                             <0
 ---pagebreak---                                       - 1 -
THE 0CCNC3L OP THE EORQPEAN OOMMIMETIES ,
Having regard to the Treaties establishing the European Communities ,
Having regard to the draft resolution presented by the Commission , 1
Having regard to the opinion of the European Parliament , 2
Having regard to the opinion of the Economic and Social Committee , 3
Whereas the fight against racism and xenopobia forms part of the general
question of protecting fundamental rights , which is one of the main aspects
of identity and the movement towards integration in the Community ; whereas
the joint declaration of 5 April 1977 bears witness to the prime importance
that the Community institutions attach to respect for fundamental rights ; 4
Whereas in the Single Act5 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
in the European Social Charter , notably freedom , equality and social
justice " ;
Whereas in its Resolution of 7 July 1985 concerning guidelines for a
Community policy on migration,® the Council stressed that "with a view to
the harmonious coexistence of nationals of the Member States and migrant
workers and their fami lies , initiatives should be developed at Community ,
Member State and local level to inform and to promote awareness ";
Whereas in its Resolution of 16 January 1986 , the European Parliament ,
noting the recommendations contained in the Committee of Enquiry 's report
on the rise of racism and fascism in Europe , called on " the Commission , the
Council , the other Community institutions , the parliamentary committees ,
the Bureau of the European Parliament and the governments and parliaments
of the Member States to take the measure neoessary to put them into
practice" ; 7
Whereas , on 11 June 1986 , the European Parliament , the Council , the
representatives of the Member States meeting within the Council , and the
Commission , recognizing " the growth of xenophobic attitudes , movements and
acts of violence in the Community which are often directed against
immigrants ", adopted a declaration against racism and xenophobia expressing
their determination to pursue the endeavours already made " to protect the
individuality and dignity of every member of society and to reject any form
of segregation of foreigners";®
1
2
3
4 0JC  103 , 7 April 1977 .
5 0JL  169 , 29 July 1987 , p.l .
6 OJ C 186 , 26 July 1985 , p.3 .
7 OJ C 36 , 17 February 1986 , p.142 .
8 OJ C 158 , 25 January 1986 , p.l .
                                                                               I
 ---pagebreak---                                      - 2 -
Whereas the rise in racism and xenophobia also forms an obstacle to the
free movement of persons within the Community;
Whereas any measure taken in this connection must protect «.n persons on
Community territory , whether they are nationals of Member States or of non-
member countries , foreigners in a Member State or nationals who are
perceived or who peroeive themselves as belonging to a foreign minority ,
HEREBÏ ADQPTS THIS   iMMêllШТЗШ :
1.   The Council takes note of the Commission 's communication on racism and
xenophobia in the Community .
2 . It recognizes that the following legislative or institutional measures
would help to counter acts inspired by racism and xenophobia :
- ratification , by those States which have not yet done so , of
   international instruments contributing directly or indirectly to the
   fight against all forms of racial discrimination ;
- recognition , by those Member States which have not yet done so , of the
   individual applications referred to in Article 25 of the European
   Convention for the Protection of Human Rights and Fundamental Freedoms
   and Article 14 of the International Convention on the elimination of all
   forms of racial discrimination ; ratification of the optional protocol
   relating to the International Covenant on civil and political rights ;
- the preparation , by States which have not yet done so , and rigorous
   application of laws aimed at preventing or punishing discrimination or
   xenophobic acts ;
- the setting-up of bodies responsible for coordinating at national ,
   regional or local level efforts to harmonize relations between the
   different communities , protect victims and prevent instances of racial
   discrimination ;
- the establishment of conciliation procedures before specialist bodies for
   the settlement of racial or xenophonio conflicts ;
- the granting to the bodies concerned of the right to bring civil
   proceedings ;
- the development , in conjunction with migrants' associations , of free
   legal aid to enable migrants to defend their rights .
3 . The Council considers that the fight against racism and xenophobia
requires the urgent introduction of a preventive education and information
policy to promote intercultural understanding and a clear and objective
appreciation of the situation of migrant workers . To this end , the
following measures should be carried out at Community , national or local
level .
                                                                             *
 ---pagebreak---                                      - 3 -
In the field of information :
* notes that the Commission
- will make a comparative assessment of the legal instruments implemented in
   the various Member States to combat all forms of discrimination , racism and
   xenophobia and incitement to hatred and racial violence ; will improve the
   discrimination of information on these legal instruments ( particularly at
   the points of entry into the Member States );
- will promote demoscopic studies ( Eurobarometer , a survey already being in
   progress on the perception of democratic values and on the state of relations
   between the various communities living in Europe , as well as stuides on
   the difficulties encountered and pilot projects implemented in a number of
   urban centres with large immigrant populations ;
- will promote the organization of migrants' associations at Community level
   so as to facilitate the dialogue between the migrant community and the
   Community institutions ;
*. invites the Member States in collaboration with the Commission to :
- draw the attention of those responsible for providing information to the
   importance of the role that they can play in eliminating racial prejudice
   and promoting harmonious relations between the communities living in
   Europe ; encourage a debate on the ethics of information in the face of
   instances of violence , particularly of a racial nature ;
- produce a report every three years assessing the position as regards the
   integration of migrant communities ;
In the field of éducation :   the Council
* notes that the Commission will take the necessary action to :
- promote a European dimension in education ; this European dimension can
   only develop civic-mindedness and the values of pluralism and tolerance
   among young Europeans ; the means used to promote it should remain
   flexible and suited to the specific situation of each Member State ;
- extend international exchange programmes for young people as a means of
   promoting tolerance and understanding ;
- develop and extend current cooperation aimed at improving the education
   of migrant workers' children ;
* invites the Member States in collaboration with the Commission to :
- promote the civic and professional training of teachers , particularly
   in areas with a l^rge immigrant population , in order to introduce them
   to, or perfect their knowledge of, teaching methods adapted to children
   and adolescents from different communities ;
 ---pagebreak---                                       - 4 -
- promote the teaching of the Languages and cultures of origin ; this
   intercultural approach should be presented as being beneficial for all
   pupils and forming the basis of a European intercultural education .
4.   The Council note the Commission 's intention to submit a report on the
     application of this resultion within a period of 3 years from the date
     of its adoption , having assembled the necessary information from the
     Member States .
                                                                            ♦