Fundamental Rights Platform

October 2008

Conclusions & Suggestions for the FRA Work Programme

Vienna 23.10.2008

as representative of the FRP Interim Panel:

Miltos Pavlou

i-RED, HLHR-KEMO

FRP Input

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FRA Strategic Objectives

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FRA Work Programme Priorities

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FRA reporting

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FRA & the Platform

FRA Strategic Objectives

Overview

 FRA “watch dog”  FRA “Fundamental rights should be fundamental to EU policies - pro-active and critical role  Holistic approach of FRA work areas & MAF  Discrimination as core of FRA’s work and basis for work coherently with cross-cutting themes and priorities  FRA key-task of Data Collection and monitoring  Gaps in HR protection

FRA Strategic Objectives

FRA “watchdog”

  FRA inference on EU Human Rights policies to ensure that H.R. are at the heart of all EU policies MAF Work priorities “EU relevant” and designed in a way to make EU accountable for Human Rights  Analyzing the impact of Community Law and gaps in the protection of fundamental rights.    Examine new or pending EU legislation FRA reports should monitor the effectiveness of existing EU law, considering structural obstacles affecting the protection of fundamental rights  Analyzing policies from EU entities

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FRA Strategic Objectives

FRA “Fundamental rights should be fundamental to EU policies”

FRA should promote a rights-based approach in assisting EU and MS in producing legislation  building on a EU agenda in relation to new legislation, new programme on Justice affairs, 2010 year of social inclusion & poverty FRA should investigate policy frameworks that work or fail and become more critical  providing input in the methodology regarding H.R. impact assessment as carried out by the Commission as well as monitoring effectiveness of EU law, including areas such as education and housing  map out EU tools for substantive work on H.R. in EU, in particular in the case-law developed by the Court of Justice.

FRA should make recommendations on H.R. issues. FRA should also adopt comprehensive approach to themes founded on the principle of indivisibility of rights

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FRA Strategic Objectives

Holistic approach of FRA work areas

A holistic approach of FRA work areas and MAF

 themes to be addressed systemically as interwoven around democratic participation, non discrimination, integration and ‘vulnerability’  Indivisibility of FR as a guide for FRA work in promoting

effective application of fundamental rights

in all the European Union countries    Informing European citizens about their rights, Advocating for granting a judicial safeguard enabling citizens to claim their rights.

Advocating for the respect for the economic, social and cultural rights as a guarantee for the respect of human dignity.

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FRA Strategic Objectives

Discrimination as core of FRA’s work

Combating discrimination against all groups (ethnic origin, nationality, gender, sexual orientation, age, disability etc.) is the link among most MAF themes and should be at the centre of the work of FRA Provides the basis upon which other work can be built in order to establish more coherence between the nine thematic priority areas of MAF A major challenge is to move the debate forward in the area of anti discrimination and anti-racism and make the principle of equality and fundamental rights achievable in practice Aim on a proactive approach and address the problem of mainstreaming of discriminatory practices and racist discourse in today’s EU political systems, institutional practices and the public sphere manifested by the rise of extreme political formations in Europe Ensure the application of EU anti-discrimination legislation, by making it an issue of democratic participation of the European citizens Hate crimes and hate speech are particularly important as they affect many discriminated groups. FRA should work on the new Directive

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FRA Strategic Objectives

FRA key-task of Data Collection and Monitoring

Effective and efficient data collection and dissemination function of FRA is determined by its capability to properly assess the situation via appropriate mechanisms  The FRA should maintain its crucial monitoring and data collection role, particularly working through NGOs who have a lot of resources and experience to draw from  Regular and comparable data, entail not only across the EU but also over time to assess trends and tendencies in society at all levels (EU, national, regional, local) in all discrimination fields (as a cross-cut category and link among MAF priorities)  Country reports as well as thematic reports must supplement the annual reports  FRA must be flexible to be able to respond effectively to crises. In the current situation in EU (mainstreaming of discriminatory practices and discourse under economic crisis and depression) FRA’s role may prove critical

FRA Strategic Objectives

Gaps and links in HR protection

  FRA must identify existing gaps in H.R. protection with a focus on persons who are affected and in particular at those who are lacking protection by states, like undocumented migrants and migrant workers, Roma etc.

Freedom of expression is a gap in the Agency’s priority list, especially restrictions imposed on media personnel. The Agency could work on these issues under the heading of “EU citizens and democracy” as well as “protection of privacy”.  Ensuring an effective protection of personal data, which means not only ensuring a guarantee at a national level, but also aiming at controlling the exchange of data.  Access to justice should be linked to social rights.

 The Agency should be sensitive to counter-terrorism issues as they affect nearly all of the thematic areas .

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FRA Work Programme Priorities

Overview

Cross-cut areas of work – ‘discrimination’ ‘vulnerability’ Connect discrimination issues to immigration/asylum and integration Welcome thematic reports on under-researched areas, expand to critical vulnerable groups ‘Rights for all’

Suggested thematic priorities:

    Discrimination/migration/integration of all vulnerable/victimised social groups Children’s rights Borders and migrants’ rights. immigration/asylum and migrants’ integration Dignity and equality in labour law and in the access to services     Roma minority issues compensation to discrimination and other HR abuses’ victims Access to justice/rights to democratic participation in decision making in the EU Data protection and data exchange control – right to privacy

FRA Work Programme Priorities

Cross-cut areas of work

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Cross-cut areas of work – ‘discrimination’ ‘vulnerability’:

 In order to establish more coherence between the nine thematic areas of priority, the Agency should work on some issues in a cross-cutting way, including:  children rights, Roma rights, gender equality and other groups (age, sexual orientation) that need to be addressed as they cut across the various subjects (democratic participation, access to justice, data protection-privacy, social rights, border control etc.)  Multiple discrimination as an example of cross-cutting areas, highly relevant and less studied in the EU

FRA Work Programme Priorities

Connecting thematic priorities

   To make sense of the various themes, FRA must connect discrimination issues to immigration/asylum and integration:   involves investigating apart from the various dimension of anti-discrimination and human rights in areas such as detention conditions of migrants, questions of undocumented migrants, children, Roma, gender, age and disability perspectives apart from race/ethnic origin/ religion Also use of tools to assess the impact of directives such as situation testing in areas such as education and housing Linking access to justice/rights to democratic participation in decision making in the EU Victims of discrimination and other Human rights abuses; issue of compensation to victims.

FRA Work Programme Priorities

Under-researched areas & social groups

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New thematic reports focusing on under-researched areas were particularly welcomed

  Undocumented migrant workers Children Rights      Roma Rights Social & Cultural Rights Counter-terrorism issues as they affect nearly all of the thematic areas Informing citizens about their rights and the different legal remedies available to protect them Dignity and equality in labour law and in the access to services ‘Rights for all’ - Rights across the age-span (including, therefore, children’s rights)   use of data to better analyse how MS and the EU adopt and use instruments to ensure children’s rights focus on how children receive the protection and care necessary to their well being, especially for those who live in poverty,  how the right of children to have personal relations and direct contacts with both parents is guaranteed (especially in migrant families)

FRA reporting

Overview

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Annual or bi-Annual Report?

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Annual Report feedback

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FRP participation – consultation in FRA reporting workflow

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FRA Reports Improvement – accessibility-usability

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FRA Reports Improvement – comparability – impact

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FRA reporting

Annual or bi-Annual Report?

Annual Report is important every year as it draws the situation of FR in the Union (‘Watchdog’ approach) – to be enhanced by country reports  it would be a major lack of momentum not to publish an Annual Report – especially if it is due to lack of resources rather than lack of relevance.

 It could be discussed if the Annual Report should offer a different format in order to adapt a report that correspond to the strategy objectives  the Annual Reports highlight important trends and manifestations of discrimination  reporting on specific issues on a two year basis would be sufficient given that not much changes over the course of two years  it was pointed out that the Regulation governing the FRA provides for an annual report to be submitted.

FRA reporting

Annual Report feedback

 NGOs use the report for their lobbying and monitoring activities on the national level  NGOs want to ensure, through their contribution to the report, that the recommendations made by FRA therein reflect the needs “on the ground”.

 lot of dissatisfaction with data collection and qualitative standards with regard to the annual report.

 one group was critical of the annual report concerning their country as they believed that the appropriate people were not consulted when it was being prepared.

FRA reporting

FRP participation – consultation

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FRP participation – consultation in FRA reporting workflow

 The Platform NGOs think they must participate in the various stages that the FRA reports are being prepared as well in the general planning and decision-making of FRA.

 NGOs had a lot to contribute to data collection and research  NGOs could be consulted on draft reports at a national level and asked to make help with making recommendations  Organisations need resources to be able to participate in data collection and research. The civil society platform could contribute to provide information, being aware that NGOs need means in order to work properly

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FRA reporting

FRA Reports Improvement – accessibility-usability

Central are the

relevance of the report

and its

ability to refer to jurisdictional aspects

, to

approach rights in a structural way

, to

report on specific infringements

of fundamental rights

Improvement in the quality of the Reports of FRA

 The report must be pedagogic        making it more accessible, even for those who are not computer literate; avoid jargon; cross-indexing and hyper linking between EU and national reports (ECONET provided as a good example); importance of annual reports.

Reports need to be translated to ensure they reach the local level. Summaries could be available in different languages. National FRP groups could be asked to assist with translation. Not leaving out the relations with the Council of Europe  Questions on data & information elaboration  How does the report focus on the victims? How does it take into account the information provided by the field workers? How are handled the relations between FRALEX, RAXEN ...? In other words, how to create a better synergy between the different sources of information? How to involve NGOs? This would require scheduling an agenda.

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FRA reporting

FRA Reports Improvement – comparability – impact FRA ‘Index’ - State of things and analysis

 Creation of a FR Index (composed by legal, substantive and factual indicators and attitudes EU-wide survesy e.g. Eurobarometer) , which could compare and encourage progress on respect of FR in MS and in EU as a whole (Average, best & worst practices)  Although the FRA is not empowered to find violations of fundamental rights by member states, it was pointed out that ranking countries and showing their upward or downward movement over time would be a useful tool for civil society.

 A communications strategy is important. Newsworthy items such as the ‘top ten countries’ on discrimination issues could make a report newsworthy.  The necessity to have a state of the jurisprudence and its analysis  The necessity to have more specific information

FRA & the Platform

Overview

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FRP meaningful involvement in FRA decision-making FRP structures – coordination

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FRP membership – operation

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FRP-FRA information exchange models-mechanisms

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FRA work promotion & the FRP

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FRA feedback & support to FRP

FRA & the Platform

FRP meaningful involvement in FRA decision making

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Meaningful involvement of the Platform in the process of FRA decision-making

    (a) the Platform participates fully in the process (i.e. is fully engages with the FRA Management Board and Scientific Committee on a regular basis (b) there is a democratic and open structure that ensures that the Platform reflects civil society human rights and anti discrimination forces in a manner that ensures continuity; (c) there is visibility of the Platform; and (d) that the Platform does not produce another ‘shopping-list’ of issues, ideas etc but has a clear vision and program that is strategic and has a clear sense of what is in priority.

 A FR Platform representative should have observer status at all meetings of the Management Board and the Scientific Committee. This could benefit greatly the relation FRA-FRP and would guarantee transparency and productive cooperation

FRA & the Platform

FRP structures – coordination

 The Platform should incorporate a permanent structure, including a ‘panel’ of civil society and other stakeholders to be established in order to ensure the overall effectiveness of the Platform on an ongoing basis  Need to develop proper structure for civil society representation in Platform so that the Platform can monitor progress or otherwise are national and EU level  A need to develop a transparent process for participation in the platform and for coordination and representation instruments  FRP ‘Interim Panel’ – committed to provide ideas for participation to the forthcoming elaboration of the next FRP meeting agenda and to FRA relevant operations (as of the Regulation’s provision for FRP’s participation)

FRA & the Platform

FRP membership – operation - coordination

 Membership should reflect diversity in Europe  A website is important for the Platform for its identity and to share key documentation. The use of a website as a tool for information, included for information of NGOs   There is an (inter alia) need for resources to enable (for example);  administrative support for wide dissemination of relevant materials,  website maintenance,   planning and organising meetings, circulation of paperwork etc

FRP ‘Interim Panel’ Limited mandate given to the Panel to present FRP conclusions and suggestions on the basis of the outcome of the civil society meeting in October 2008, and propose ideas to be discussed and decided upon by the next FRP plenary meeting.

FRA & the Platform

FRP-FRA information exchange models-mechanisms

 FRA could be an information centre for Human Rights associations  NGO contact to media , gatherings, roundtables  NGO platform members provide reports to FRA  Some organisations expressed their willingness to provide expert opinions on fundamental rights questions upon request of the FRA  NGO platform can share reports among each other (via FRA) info bank/website (Introducing HR education network)

FRA & the Platform

FRA work promotion & the FRP

 Tailored material is required for different audiences. Special materials are needed for educational multipliers. One organisation offered to prepare such materials  Information on appeal and complaint mechanisms. Develop all media for information, consciousness-raising and warning  Organize events, in partnership with the FRP institutions & stakeholders, at a national and EU level

FRA & the Platform

FRA feedback & support to FRP

 For future platform meetings – FRA should provide input for discussion on priorities  FRA should be legitimised by strong NGO support, and NGOs can be legitimised by using FRA documentation and reports etc. for awareness raising and advocacy activities  FRA should engage in capacity building activities for NGOs  FRA should also share information with UN, OSCE etc.

 Translation of key documents is very important   FRA needs to provide feedback to FRP on this priority setting exercise in order to assess the impact of FRP’s suggestions to the work programme and FRA strategy for the future. FRP needs further to provide its opinion and feedback on the WP

Thank you for your attention

Miltos Pavlou

i-RED, HLHR-KEMO

The presentation was based on conclusions & suggestions of the Fundamental Rights Platform Workgroups in Vienna (7-8.10.2008) 

On behalf of the FRP Interim Panel:

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Pierre BARGE, European Association for Human Rights

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Pascale CHARHON, European network Against Racism

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Niels-Erik HANSEN, Documentation and Advisory Centre on Racial Discrimination

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Miltos PAVLOU, i-RED Institute for Rights Equality & Diversity- Hellenic League for Human Rights

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Natacha KAZACHKINE, Amnesty International

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Peter KINDERMAN, Mental Health Europe (Chair of the first FRP meeting)

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Beate RUDOLPH, European Women Lawyers Association

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Nicos TRIMIKLINIOTIS, Simfiliosi/Reconciliation

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Tanya WARD, International Federation of Human Rights

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Keith Porteus WOOD, International Humanist and Ethical Union