combating racism and xenophobia as a crime: european...

Combating Racism and Xenophobia as a Crime: European strategies

WS3. From the Treaty of Amsterdam, along the Framework Decision on combating Racism and xenophobia to Tampere II - new strategies to tackle racism and xenophobia as a crime on the EU agenda?

Luciano Scagliotti – ENAR Conference, Brussels 12.9.2004

Identifying the goal

A EU legislation for:n Ensuring racism is defined as a crimen Ensuring racial motivation is an

aggravating circumstance of any crimen Ensuring harmonized sanctions,

abolishing “safe havens”n Common definition of “acts of racism”,

including hate speech.

Identifying the targets – 1

The JHA Council

n 14 centre-right coalitionsn 3 (at least) of them including

xenophobic / racist political parties

n 11 centre-left coalitionsn 2 (at least) of them including …… Otto Schilly and David Blunkett !!


The European Commission

n Only one Commissioner per Member State: politically close to the Government

n The new Commissioner for the Area of Freedom Security and Justice:

“We should facilitate the Catholic immigrants, because the Islamic ones have a higher rate of criminality” (Sept. 2000)


The Parliament

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EPPALDEPESGreensEULUENNA


Public opinion

A LARGE minorityn Fighting for Human Rightsn Mobilizing and acting for peace and dialogue

A majorityn Scared by “anti-terrorism” + “clash of

civilizations” campaignsn “Bombed” by media’s and political parties’

xenophobic speech

Whom should they listen to?(Our potential allies)

n International HR organisationsn International institutionsn European NGO’sn EU Agenciesn EU civil / social movements; votersn Experts, scholars, juristsn ??? (add how many you want …)

Whom do they listen to?(Our potential adversaries)

n Their partiesn Opinion pollsn Median “People feelings”… that is:

PREJUDICES

What do we need?(Our tactics)

n Pressure from influential organisations / persons and from international agencies

n Awareness raisingn Direct lobbyingn Demonstrable widespread support

Putting pressure, building alliances, raising awareness

International / Eu level:

n International Treaties mechanismsn HR coalitions , campaignsn Prestigious persons

Putting pressure, building alliances, raising awareness

National level):n Education initiativesn Media campaignsn Constituencies: petitions, mailing to

MEP/MP/Ministers …n Actions / events / demonstrations ...

Current situation (new) strategy(lobbying)

Democracy and the EU procedures

Problem:n Legislation on individual rights without

EP involvement and Curia controlPossible strategic goals:n Apply codecision procedure to judicial

cooperation (a true legitimacy)n Enhanced cooperation (a true coalition

of the willing)

Evolving situation strategies

Is there anything new?

European arrest warrant(Council Framework Decision of 13 June 2002)

Constitutional Treatyn Article I-6: Legal personalityn Article I-7: Fundamental rightsn Article I-46: Participatory democracy

Evolving situation strategies – 1

European Arrest Warrant

n Article 2Scope of the European arrest warrant(…)

n 2. The following offences … shall … give rise to surrender pursuant to a European arrest warrant:(…) racism and xenophobia (…)

Possible goal: harmonising at least “the 32”

Evolving situation strategies – 2

Legal personality

n Article I-6: The Union shall have legal personality.

n 19. … The Union thus becomes a subject of international law – alongside the Member States … and would as a result be able to avail itself of all means of international action (right to … become party to international conventions …), as well as to bind the Union internationally.

( CONV 305/02 / WG III 16 Final report )

Evolving situation strategies – 2.1

Legal personality n Participating States should apply in full the International

Convention on the Elimination of All forms of Racial Discrimination;

(Decl. IT on behalf of EU, OSCE Conference 4-5.9.2003)

n Article 4 ICERD:States Parties … inter alia: n (a) Shall declare an offence punishable by law all dissemination

of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement (…);

n (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination (…) European Union


Fundamental rights

Article I-7: Fundamental rightsn 1. The Union shall recognise the rights, freedoms and

principles set out in the Charter of Fundamental Rights which constitutes Part II.

n 2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Constitution.

n 3. Fundamental rights, (…) shall constitute general principles of the Union's law.


Fundamental rights

Problem: n Inconsistency AFSJ / EU Charter

Possible strategies:n Shared competence GA / JHA Fisher-Schilly, Barnier-Sarkozy, Castelli-Frattini …

n Changing the legislator’s mindn Strengthening control of EUHR Agency


Participatory DemocracyArticle I-46: n 1. (…) n 2. The Institutions shall maintain an open, transparent and

regular dialogue with representative associations and civil society.

n 3. The Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent.

n 4. Not less than one million citizens coming from a significant number of Member States may take the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. (…)


Participatory Democracy

Problems:n Stalemate in Council, inertia of ECn Ongoing watering down

Possible strategies:n Direct citizens’ initiative


Citizen Initiative

Goal:n Getting a good EU lawn Waking up the Institutions

Strategyn Collecting > 2.000.000 signatures on

our own proposal


Citizen Initiative actors

Drafting the proposal:n ENAR network + EP intergroup + lawyersCoalition:n Victims / target groups organisationsn International HR organisations n EU social movementsn Workers’ organisations

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