Transcript Unit 6 - Tolerance

PART II
Policies & Implementation
Unit 6
Definitions and forms of
discrimination; institutional racism
10 November 2004
Introduction: EU policies
• Amsterdam Treaty (Article 13)
• two Directives (2000/43/EC, 2000/78/EC)
• European constitution (Treaty establishing a Constitution for
Europe) incl.
Charter of Fundamental Rights (Part II)
• ECHR (constitutes general principles of the Union's law, TITLE II,
ARTICLE I-9)
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ECHCR Protocol 12 (that relates to Article 14)
EUMC (on Racism and Xenophobia) http://www.eumc.eu.int/
ECMI http://www.ecmi.de
European Framework Convention for protection of national
minorities (FCNM)
• European Charter for Regional or Minority languages
European constitution
http://www.europa.eu.int/constitution/index_en.htm
ARTICLE I-2: The Union's values
„The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the rule
of law and respect for human rights, including the
rights of persons belonging to minorities.“
„These values are common to the Member States in a
society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between
women and men prevail“.
The Union's objectives
„It shall combat social exclusion and discrimination, and
shall promote social justice and protection, …
Charter of Fundamental Rights
Non-discrimination (ARTICLE II-81)
„ Any discrimination based on any ground such
as sex, race, colour, ethnic or social origin,
genetic features, language, religion or belief,
political or any other opinion, membership of
a national minority, property, birth, disability,
age or sexual orientation shall be prohibited.“
Universal Declaration of Human Rights,
Article 1
„ all human beings are born free and equal in dignity
and rights. They are endowed with reason and
conscience and should act towards one another in a
spirit of brotherhood ( and sisterhood)“
Europe´s challenge is to work twds realisation of this
right.
How to help transform established law ( national or intl.)
from pieces of paper to popular practice ?
Who are the key policy making and policy implementing
actors?
Council of Europe
• Specialist Groups on Roma and Gypsies,
• the European Commission for Democracy through
law,
• the European Commission against Racisms and
Intolerance,
• The Parliamentary Assembly ,
• The Congress of Local and RegionalAuthorities,
• programmes to build inter community confidence
in society,
• the Council of Europe monitoring department
• the Commissioner for Human Rights,
• Advisory Committee of the Framework Convention
UN Commitees, OSCE
UN CERD
• CRC
• CEDAW
• ICCPR
• ICESCR
• CAT
• UN Commissioner for Human Rights
• etc
OSCE High Commissioner on National Minorities
Lund, Oslo, and Hague recommendations
OSCE ODIHR Roma/ Sinti Contact point (vide next term)
Roma Policies : UNIT 7+8
Rooker, Marcia (1997) "Monitoring Human Rights: The Importance
of the Universal Level for Roma and Sinti" CPRSI Newsletter,
February 1997, vol.3, no. 1, pp. 3-10,
http://www.osce.org/odihr/documents/periodicals/cprsi3-1.pdf
Martin Kovats (2001) The Emergence of European Roma Policy.”
http://www.tolerance.cz/courses/monnet/summer2004/KOVATS.
PPT
useful links:
European Roma Information Office
http://www.erionet.org/Home.html
European Roma Forum http://www.europeanromaforum.org/
European Roma Rights Centre http://www.errc.org
Czech Radio http://www.romove.cz
What commitments do State Parties undertake when they ratify the
Framework Convention ( FCNM)?
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Choice of identity
Non-discrimination;
Promotion of effective equality;
Promotion of conditions favouring the preservation
and development of culture, religion, language and
traditions;
 Freedom of assembly, association, expression,
thought, conscience and religion;
 Access to and use of media;
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Linguistic freedoms:
- use of the minority language in private and in public as
well as its use before administrative authorities;
- use of one’s own name in the minority language;
- Display of information of a private nature in the minority
language;
- Topographical names in the minority language;
Education:
- Learning and instruction in the minority language;
- Freedom to set up educational institutions;
Transfrontier contacts;
International and transfrontier co-operation;
Participation in economic, cultural and social life;
Participation in public life;
Prohibition of forced assimilation;
FCNM cont.
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FC emphasises State Responsibilities rather than being a broad
expression of rights.
What is National Minority? No definition. Selected in good faith.
The existence of a minority is a matter of fact not a matter of legislation
by a State ( UN HR commiteee)
Monitoring of State compliance with the Convention: Advisory
committee (AC) + Commitee of Ministers (CM),
State reports (every 5yrs or upon request of CM, if needed AC sends
States written questionnaires),
AC Country visists, alternative reports from NGOs
AC adopts an opinion,upon which the State can comment
CM adopts a resolution with conclusions and recommendation to the
State on th eimplementationm of the FC.
Rersolution incl Comments and opinion available on CoE web site
www.coe.int/T/E/human_rights/minorities
Activity 1- Discrimination
Take a piece of paper and put down the following:
1. Try to remember when you felt you were
discriminated against (as a kid or as an adult)
2. When you discriminated against somebody else
3. When you vitnessed someone being
discriminated against and you remained a
„bystander“
4. When you took action to help or intervene when
someone else was discriminated against.
How did it feel? In groups of four share your notes
and select a rapporteur who will report on behalf
of the whole group.
Activity 2 +3
Vocabulary of discrimination:
Fill in the sheet that was handed out to you
Body Ritual among the Nacirema (homework):
in UNIT 6 web site
Read the article, complete the excercise and
send your answers by email to
[email protected]
Discrimination – definition
2000/43/EC
Indirect discrimination shall be taken to occur
where an apparently neutral provision,
criterion or practice would put persons of a
racial or ethnic origin at a particular
disadvantage compared with other persons,
unless that provision, criterion or practice is
objectively justified by a legitimate aim and
the means of achieving.
see also notes on the directive in UNIT 6 web site
Role of NGOs in drafting the
directive
• Policy actors: governments & public admin.,
private sector, intl. organisations, NGOs
• Role of NGOs - Julie Fisher
• Starting Line Group : ERRC, Interrights, MPG –
see text on the directive in Unit 6
• Cf directives 2000/43/EC and 2000/78/EC
Enlarged Europe – May 2004
Green paper on Equality and non-discrimination
in an enlarged European Union:
http://www.stop-discrimination.info
http://europa.eu.int/comm/employment_social/fun
damental_rights/greenpaper_en.htm
http://www.enar-eu.org/en/info/fact18.shtml
Case Study: UK (see also Unit 9)
Ethnic minority groups - census figures
Census 2001- NEW CLASSIFICATION
ALLOWED SELF-DECLARATION OF MIXED RACE
(in 1991 classified as white) – annex 1
1999 – Steven Lawrence Report
(RECOGNITION OF institutional racism
in METRO Police as well as British
society
UK Ethnic minority groups- 1
location
UK
Census 1991
Census 2001
5.5%
9%
Greater London
20.2%*
28.8%*
West Midlands
15%
11.3%*
Brent
45%
54.7%
Newham
43%
60.6%
Slough
27.7%*
36.3%
Birmingham
21%??
29.6%
Luton
19.8%*
28.1%
UK Ethnic minority groups- 2
Black
South
Asian
1992
2002
Black-Caribbean
(West Indies)
0,9%
1,1%
Lewisham (London) 12,3%
Black-African
0,4%
0,9%
Black-Other
0,3%
Indian
1,5%
2% (Leicester 25,7%)
Pakistani
0,9%
1,4% (in Bradford 15 %)
Bangladeshi
0,3%
0,5% (in Tower Hamlets
33,4%)
Chinese
Chinese
and others
0,3%
Other-Asia
0,4%
Other-Other
0,5
Links for statistics
• http://www.cre.gov.uk/pdfs/em_fs.pdf
http://news.bbc.co.uk/1/hi/uk/1470573.stm
http://www.warwick.ac.uk/~errac/keyinf.htm
http://www.cre.gov.uk/duty/reia/statistics_census.html
http://www.statistics.gov.uk/CCI/nugget.asp?ID=263&
Pos=2&ColRank=2&Rank=224
Institutional racism
1999 – The Stephen Lawrence Inquiry:
Report of an Inquiry by Sir William Macpherson of Cluny, also at
www.official-documents.co.uk/document/cm42/4262/4262.htm;
mainly chapter 6, pp. 26-28
„Institutional Racism defined as: The collective failure of an
organisation to provide an appropriate and professional
service to people because of their colour, culture or ethnic
origin. It can be seen or detected in processes, attitudes and
behaviour which amount to discrimination through unwitting
prejudice, ignorance, thoughtlessness and racist stereotyping
which disadvantages minority ethnic people.“
see also notes on inst. racism in UNIT 6 web site
Case Study: UK
UK immigration/nationality and race relation
legislation: the ”liberal” compromise
The antidiscriminatory legislation was implemented as a
trade off to compensate for increasingly tight immigration
policy. Assimilation possible only if the numbers are
low…
1948 British Nationality Act
Commonwealth citizens allowed freely to enter and settle in
Britain
1962 Commonwealth
Immigrants Act
removed rights of the 48 Act for most new (black)
Commonwealth citizens. Instead. A limited
number of employment vouchers were issued
1968 Commonwealth
Immigrants Act
restricted entry to East African Asians who held UK
passports issued by the British government
1971 Immigration Act
made a distinction between patrials (born in Britain or
with (great)parents born in Britain) who kept full
citizenship rights; and non-patrials (mainly black,
new Commonwealth) who were required to obtain
work permits prior to entry.
1981 British nationality Act
1988 Immigration Act
1965 Race Relations Act
i) made illegal discrimination in certain places,
but means of enforcement were very weak,
ii) made incitement to racial hatred illegal
1968 Race Relations Act
Enlarged the 65 Act (discrimination made illegal
in employment & housing, enforcement still
weak, relying on the new Community
relations Council to take up individual
complaints
1976 Race Relations Act
Extended the anti-discrimination laws to
unintended as well as intended
discrimination
1998 Human Rights Act
1976 RRA (Amendment 2000)
Introduced positive duty
Antidiscrimination legislation
UK – see Unit 9 in reader
Also: Fredman, Sandra. Discrimination Law,
OUP, 2002
Case Study 2 - the NL
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Ethnic composition
Central policies
Wet SAMEN Act
LBR – Landelijk Bureau ter bestrijding van
Rassendiscriminatie (National Bureau
against Racism), annual reports at
http://www.lbr.nl