Transcript European Roma Rights Centre (ERRC) Anti

European Roma Rights Centre (ERRC)
&
GLOBEA
Anti-discrimination seminars:
the EU Race Equality Directive
Prague, 1- 3 December 2004
Presenters: Paul O’Keeffe, Vladislava Iordanova, Stasha Ziakova
Introduction
 Draft
proposal for the anti-discrimination
law going through the chamber of deputies
and senate
 Wednesday– Legal sector
 Thursday --- NGOs
 Friday --- Government Service Providers/
Representatives
Fighting Racial Discrimination
- A workshop for civil society organisations in the Czech Republic Thursday 2 December 2004
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European Union anti-discrimination policy--Anstead
The areas of discrimination covered under the EU
Race Equality Directive and what the terminology
really means--Farcas
The role of specialised bodies and their relationship
with civil society organisations-- Rodgers
What can civil society organisations do to combat
discrimination? --Bedard
VPO---Its new role as the service provider
Open Discussion btw ERRC, CRE, Government
Reps., NGOs and the service provider
European Union anti-discrimination policy
The two EU equality Directives, based on Article 13 of the European
 Community (EC) Treaty, are:
Council Directive 2000/78/EC of 27 November 2000, establishing a
general framework for equal treatment in employment and occupation
(the 'framework employment Directive') (EU0102295F); and
Council Directive 2000/43/EC of 29 June 2000, implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin (the 'race Directive') (EU0006256F).
Need to consolidate implement
Race Equality Directive and
Terminology

Prohibits discrimination against people on the
grounds of ethnicity or race in a wide number of
areas, including employment, education,
training, social security benefits, health care, and
access to and supply of goods and services that
are available to the public, including housing.
 Member states are also required to designate
(or create) a body to provide support and
guidance to victims of racial discrimination.
Race Equality Directive 2

Most governments have taken a minimalist approach
when implementing the directive, which in many cases
has led to uncertainty, discrepancies between different
laws, and vague definitions that leave room for
interpretation and argument. Consequently, the laws,
which in principle should protect the victims of
discrimination, leave them to cope with legal
uncertainties.
 Doesn’t describe Racial Discrimination
 Indirect discrimination
 Direct discrimination
 Harassment
 Victimization
Burden of Proof
 The
Burden of Proof is shifted to the
respondent when it is established that
discrimination occurred
 To
establish can be difficult so it is up to
NGO activism to do this.
 Akcion Popularis
Sanctions
 Article
15--- Sanctions must be effective,
proportional and dissuasive
 Criminal Sanctions for egregious acts
 Civil Sanctions--- compensation,
exemplary damages, punitive damages
 Labour representative-- any fine goes to
the state so people aren’t motivated
Role of specialised bodies and their relationship with
civil society organisations
in UK ► Good bench mark/example
 Characteristics of Specialised Bodies
 CRE
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Responsibilities
Elimination of Racial Discrimination, Good race
relations, Promoting equality and operation etc…)

Status
Independent, Up hold the principles of public life,
Accountable, Open and honest
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Governance
Commissioners, Advisers, Committees
Role of specialised bodies and their
relationship with civil society organisations
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Accountability

Annual Report, Role of Chief Executive,
Budget allocations
 Special situation in UK regarding financing (1/4 of
budget goes to NGOs directly)
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Structure
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Strong regional presence
Role of specialised bodies and their
relationship with civil society organisations
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Priorities for CRE (2005-2008)
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Change in:
 Work
•
occupational segregation
 Services
•
schools, police, prisons
 Communities
•
safety, youth cohesion, conflict resolution
Role of specialised bodies and their
relationship with civil society organisations
 Functions
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information, education and promotion with
respect to public awareness
advice an assistance to victims
investigation and enforcement
research and codes of practice
to promote good race relations
Role of specialised bodies and their
relationship with civil society organisations
 Issues
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to consider
Independence
Enforcement and promotion
Assistance to victims
Resources
Regional and local diversity
To maintain focus
The Situation in the CR
 Government
 VPO
position
– Ombudsman
 NGOs
Government Position
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Two Possible Models
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A. Equal treatment centre (Centrum Pro Rovne
Zachazeni)
B. Ombudsman (Verejno Pravni Ochrance)
Initial plan for A – commission of equality was
the model for this, but rejected
 Opted for B but with possibility for a special
department within the VPO
 The agenda = gender and race directive +
religion, sexual orientation, age and disability
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VPO
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Cernin Karel
Dealing with public sector issues whereas
discrimination affects private entities
Real need for cooperation with NGOs
Unclear where the headquarters will be
Credibility issues from now on
Structure
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40 lawyers (recent graduates)
Fears
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no discrimination experience, independence,
minimalist or maximalist approach
VPO
 Legal
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 Is
Issues
used to establishing trends from collection of
cases not with individual cases
communication with public officials not private
work with given materials
a lawyer the best candidate for this job?
NGOs
 Need

for a greater role
Over looked, no funding, taken as an inferior
partner but called upon to save the day when
things get tough
 Architecture
laid down but enforcement
poor or non-existent
The End