TRENDS AND DEVELOPMENTS 1997-2005 - European Union Agency for

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TRENDS AND DEVELOPMENTS 1997-2005 - European Union Agency for

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TRENDS AND DEVELOPMENTS 1997-2005
COMBATING ETHNIC AND RACIAL DISCRIMINATION AND PROMOTING EQUALITY IN THE EUROPEAN UNION

Trends and Developments 1997-2005 – Combating Ethnic and Racial
Discrimination and Promoting Equality in the European Union
2007 European Union Agency for Fundamental Rights (FRA)

Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union

Contents

Contents .............................................................................................................................................. 3

Foreword.............................................................................................................................................. 5

Introduction ......................................................................................................................................... 7

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Community policies and initiatives ................................................................................... 9

1.1. Community action based on Article 13.................................................................................. 9

1.2. Racial Equality Directive and Community Action Programme............................................. 12

1.3. The ‘Lisbon process’ ........................................................................................................... 13

1.4. The ‘Tampere’ and ‘Hague’ programmes............................................................................ 13

1.5. The extension of the EUMC mandate ................................................................................. 15

2.
2.1.
2.1.1. 2.1.2. 2.1.3. 2.1.4. 2.1.5.
2.2.
2.2.1. 2.2.2. 2.2.3. 2.2.4.
2.3.
2.3.1. 2.3.2. 2.3.3. 2.3.4.
2.4.
2.4.1. 2.4.2. 2.4.3. 2.4.4.
2.5.
2.5.1. 2.5.2. 2.5.3.
3.

Trends and developments in the EU ............................................................................... 17
Legislation on racial or ethnic discrimination....................................................................... 17
Strengthening the legal framework...................................................................................... 17 Specialised bodies and victim support ................................................................................ 18 The concept of harassment................................................................................................. 19 Burden of proof.................................................................................................................... 20 Accessibility of the legal system.......................................................................................... 21
Discrimination in employment ............................................................................................. 22
Statistics of ethnic and national origin ................................................................................. 22 Awareness of discrimination by authorities ......................................................................... 23 Research on discrimination ................................................................................................. 25 Good practice and diversity management........................................................................... 25
Discrimination in housing .................................................................................................... 27
Data collection and monitoring mechanisms....................................................................... 27 Housing disparities and deprivation .................................................................................... 28 Segregation: the ‘parallel society’ discourse ....................................................................... 30 Good practices in housing................................................................................................... 30
Discrimination in education ................................................................................................. 32
Availability of data on discrimination ................................................................................... 32 Practices at risk of producing inequalities ........................................................................... 33 Vulnerable groups ............................................................................................................... 35 Good practices countering discrimination ........................................................................... 36
Racist violence and crime ................................................................................................... 37
Trends in data collection on racist violence and crime........................................................ 37 Policy responses to racist violence and crime..................................................................... 43 Police responses to racist violence and crime .................................................................... 43
Conclusions....................................................................................................................... 45

Annex ............................................................................................................................................ 47

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Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union
Foreword
This report on trends and development in selected fields of racism and racial discrimination is the first publication under the Fundamental Rights Agency of the European Union (FRA). Its content builds on work done over the years by the European Monitoring Centre on Racism and Xenophobia (EUMC). The EUMC’s mandate was extended in February 2007 to turn it into the European Union Agency for Fundamental Rights. In many ways this report represents a summary of the data and information collected by the EUMC since it became operational in 1998. Yet more importantly it identifies phenomena of racism and xenophobia that sadly still require data collection and analysis by the new Agency. It is thus at the same time a testimony to the work of the EUMC and a handover document for FRA.
Racism and xenophobia will remain a core business for FRA, an important strand within the multi-annual framework which is being fleshed out at this very moment and which will identify the new areas of activities of FRA. The report on trends and development will be complemented later in the year by an overview of the EUMC’s Opinions on the key fields of its data collection, studies and analysis. Taken together both documents should provide FRA with a good grounding of the scale and scope of the issues that it is inheriting from the EUMC.
The FRA will take over the EUMC’s data collection activities and the experience and expertise which has been developed over these nine years should serve it well as it moves into other areas. The task of encouraging EU Member States to give greater emphasis to data collection as a rich source of information for policy making has been difficult at times but, for me, as the Director of the EUMC, rewarding. I can definitely say that I have seen progress and a greater acceptance by Member States of the importance of data collection and statistical evidence to support the fight against racism. I sincerely hope this will be translated into the fields of fundamental rights.
There remains a lot to do and I am confident that FRA will take up the challenge and push out the boundaries of data collection even further to the benefit of many of those living and working within the European Union. Personally, it has been a privilege to have played a role in this campaign for more objective, reliable and comparable data and information on racism. The EU needs to remain vigilant to prevent the scourge of racism taking hold again or even being given a respectable hearing under its many guises. We all know very well where it has led us in the past and it has no place in the future of the Europe that we are all engaged in building.
In reading this report you will find many things that highlight the scale of the challenge that remains. Equally I hope that you will leave its pages with a sense that action by governments, international institutions, civil society and EU citizens
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Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union
can have a positive effect, can change long held attitudes of prejudice and suspicion and, finally, can triumph over the ignorance and fear that feed racism. Finally, I would like to take the opportunity to thank the Management Board of the EUMC for their comments and feedback. Beate Winkler Interim Director
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Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union

Introduction

The European Monitoring Centre on Racism and Xenophobia (EUMC) was set up in 19971 with the prime objective to provide the Community and its Member States with objective, reliable and comparable data at European level on the phenomena of racism, xenophobia and anti-Semitism in order to help them when they take measures or formulate courses of action within their respective spheres of competence.
In order to collect data and information from the Member States of the European Union the EUMC developed in 2000 a European Racism and Xenophobia Network (RAXEN) consisting of national focal points in all EU Member States. These are organisations selected through open international competition and contracted by the EUMC in order to provide data and information on the situation regarding racism, xenophobia, anti-Semitism and related intolerances at national level. RAXEN reports form the background material for the EUMC comparative analyses.
During 2006 RAXEN was extended to cover Bulgaria and Romania in the context of an EU enlargement project funded by the European Commission.
Since 2000 the EUMC has published a large number of studies and reports relying mainly on a formidable body of evidence collected by RAXEN on a variety of issues related to racism and xenophobia. Based on this material and additional data and information provided by RAXEN in 2006 the present report attempts for the first time to trace trends and developments in the Member States and provide an overview of key Community policies and initiatives covering the period from 1997 to 2005.
The availability and quality of reliable data on racist crime, as well as on ethnic or racial discrimination in key areas of social life differs significantly among the Member States. This not only makes any direct data comparison difficult, but also entails the risk that Member States with effective data collection systems will appear, as though they have a more serious problem, which is not necessarily the case.
The identification of noticeable trends and developments is sometimes difficult. Whilst in some fields, such as legislation, legal developments against discrimination are relatively concrete and are easily identifiable, in other fields data on discrimination are imperfect and related developments are less tangible. Here, the identification of trends must be based on the best evidence available, combined

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Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring

Centre on Racism and Xenophobia, Official Journal L 151 , 10/06/1997 P. 0001 - 0007

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Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union
with reasonable judgement. In addition, it should be noted that the field of housing was only added to the other four thematic areas in 2003, and so in this particular thematic area it is more difficult to come to meaningful conclusions about trends over time.
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Trends and Developments 1997-2005 – Combating Ethnic and Racial Discrimination and Promoting Equality in the European Union
1. Community policies and initiatives
Racism and xenophobia within Europe were identified by the then European Economic Community as a serious concern in the late 1970s. In 1977 the first important action by the European Economic Community was the Joint Declaration on Fundamental Rights. From 1986 onwards this action was intensified with the first report by the European Parliament and the Joint Declaration against Racism and Xenophobia by the Parliament, the Council, and the Commission. This was followed periodically by joint declarations and resolutions, as the fight against racism and xenophobia became more integral to the development of the Community. The year 1994 marked a watershed. At the Corfu Summit, the European Union initiated a series of decisions which aimed to look at the phenomena in more depth and to develop specific policy responses. The culmination of the Union’s deliberations was to declare 1997 as the ‘European Year Against Racism’, to establish the European Monitoring Centre on Racism and Xenophobia and to begin the process of developing a legislative response to combating discrimination.
The information below sets out a summary of the Union’s key legislative and policy actions to combat racism from 1997 onwards, and highlights a continuing trend within the Union to mainstream racism across a variety of legislative and policy areas. A key development of the Union’s response is to recognise that legislative measures in themselves can only have limited impact. Legislation must be backed by a whole series of supporting actions, from political leadership, education, analysis and research in nearly all related fields, capacity building and awareness-raising to broader engagement with civil society and social partners. Effective communication is increasingly seen as a tool in itself, an important factor in reacting to racism and in translating the Union’s anti-racism language for a variety of audiences; in effect, creating an environment which best enables legislation and policies to have an effective impact.
1.1. Community action based on Article 13
A crucial legislative development was the Treaty of Amsterdam (1997) which introduced a new Article 13 to the EC treaty. For the first time it gave the Community the power to take legislative action to combat discrimination “based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation”. Article 29 of the European Union Treaty (TEU) stressed the importance of preventing and combating racism and xenophobia. The Amsterdam Treaty also included a new title on employment, according to which promotion of employment is a “matter of common concern” for the Member States and one of the
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RacismDiscriminationXenophobiaEumcEquality