starting line: reflections on the campaign for a european directive? patrick yu executive director...
TRANSCRIPT
Starting Line: reflections on the
campaign for a European directive?Patrick Yu
Executive Director of NICEM
Former Chair of Starting Line
Who were we?
• Informal network of experts in 1991
• Starting Line proposal in 1993• Article 13 of Amsterdam Treaty• New Starting Line proposal on racial and religious discrimination in 1998
Political context of Article 13
• Schengen acquis• Third pillar in the area of freedom, security and justice
• New legislative procedure (Consultation Procedure)
Commission proposal
• Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
• Council Directive 2000/78/EC a general framework for equal treatment in employment and occupation
Limitations
• Unanimous vote under Article 13 • Race covers both employment and service provision, not other grounds, in particular religion
• The concept of equal treatment• National body
Political Context during negotiation
• Austria and EU constitutional crisis in 2000
• Enlargement• More immigration control and restrictions through Schengen acquis
• Input of the Starting Line Group
Reflection 1
• Successful lobbying of the Starting Line Group
• Anti-discrimination unit was set up right after Amsterdam Treaty
• EUMC and ENAR set up as part of the process
• Race mainstreaming• Network of experts
Reflection 2
• 9-11 in America and Madrid bombing in 2003
• Race issues completely disappear in the radar of government at national level
• Framework Decision on Racism and Xenophobia 2001
• Transposition of the Directives• Gender Directive on Service Provision
Reflection 3
• Issues of capacity building within the NGOs sector on race
• The myth of law is the dominant cultures
• Few NGOs know the Directives which resulted low input or none at national legislation
• Activist vs Lawyer
Future EU law in the area of equality
• An upward improvement of a new Single Equality law in EU covers all existing grounds with common concept of discrimination and scope of protection
• A recognition of differences among grounds and accept difference of treatment in terms of positive action or positive equality
Future policy and practice
• Education and training • Consolidate Equality Mainstreaming within EU law, policy and practice
• Testing cases
Challenges Ahead
• European Institutions (EU, CoE & OSCE)
• EU governments & institutions• Alliance building on multiple grounds and cross-sectors (inter and intra)
The real challenge
• Who are we as an NGO?• Are we part of the problems?• Can we connect lawyers & activists?
• Can we make people be practical?• Can we create networks and alliance buildings?
• Can we handle politics?