16 September 1993

Doc. 6915

1403-15/9/93-1-E

REPORT

on the fight against racism, xenophobia and intolerance

(Rapporteur: Mr ESPERSEN,

Denmark, Socialist Group)


Summary

      In recent years, racism, xenophobia and intolerance have resurfaced in Europe, and have led to a series of violent incidents. The causes of these phenomena are complex and their manifestations vary from country to country. It appears that at national level, these trends are underestimated and that justice is not always done, or at least not always seen to be done.

      The proposals made by the Norwegian Prime Minister, Mrs Brundtland, for a Council of Europe plan of action against racism, xenophobia and intolerance are strongly supported by the Rapporteur.

      The Assembly welcomes the suggestion by the Committee of Ministers that the forthcoming Vienna Summit of Heads of State and Government agree on such a plan.

      It recommends that the Committee of Ministers include the following in the draft plan it is preparing for the summit :

      — a        study of the root causes and of measures taken at national level;—

      —th       e setting up of an independent group of experts;—

      —sp       ecific measures to ensure effective communication and implementation of the plan and its objectives;—

      —a        proposal to extend the guarantee of Article 14 of the European Convention on Human Rights;—

      —th       e creation, in co-operation with the Office of the United Nations High Commissioner for Refugees, of a European refugee forum or commission.I.

I. Draft recommendation

1.       The Assembly is deeply alarmed by the resurgence of racism, xenophobia and intolerance throughout Europe.

2.       It strongly condemns the resulting acts of violence committed in several Council of Europe member states.

3.       The Assembly is encouraged by the massive public response in many member states in favour of accepting and respecting the different cultures existing in Europe.

4.       The Assembly stresses the importance of addressing the root causes of racism, xenophobia and intolerance and of applying existing national and international legal instruments to combat these phenomena.

5.       Action by national, regional and local authorities, as well as by non-governmental organisations, should further include prevention through education, support for the victims and protection and promotion of cultural diversity (as already stated in Recommendation 1206 (1993) on the integration of migrants and community relations).

6.       The Assembly also emphasises the crucial role that the media could play in presenting an open and tolerant society and in countering prejudice and hatred. Therefore it invites the media to inform the public objectively of the dangers of racism, xenophobia and intolerance.

7.       In certain member states, public opinion seems to be that the burden resulting from the Geneva Convention of 1951 relating to the status of refugees is not fairly shared by all European countries. This belief contributes to the rise of xenophobic and racist sentiments.

8.       The Assembly welcomes the suggestions by the Committee of Ministers that the forthcoming summit of Heads of State and Government, to be held in Vienna on 8 and 9 October 1993, result in an action plan of the Council of Europe against racism, xenophobia and intolerance.

9.       The Assembly recommends that the Committee of Ministers include in the draft plan of action to be discussed at the summit the following:

      i.       an interdisciplinary comparative study in all Council of Europe member states of the root causes of racism, xenophobia and related phenomena, as well as on measures taken at national level;

      ii.       the setting up of an independent group of experts which should

—        monitor member states' compliance with international legal obligations;

      — ex       change information and stimulate action at national, regional and local level;—

      — co       nsider communications addressed to it by non-governmental organisations;—

      —re       port regularly to the Committee of Ministers, which should transmit these reports to the Assembly;ii

      iii.       the creation, in close co-operation with the Office of the United Nations High Commissioner for Refugees, of a European refugee forum or commission to promote policies and measures which would be aimed at improving solidarity between member states as regards the consequences of receiving refugees and asylum-seekers;

      iv.       a decision to re-examine urgently the question of possible obstacles to acquisition of citizenship, in order to facilitate the integration of migrants, if under the national legislation of the host country the requirements of such acquisition are met;

      v.       specific measures to ensure effective communication and implementation of the plan and its objectives;

      vi.       a decision to extend the guarantee provided by Article 14 of the European Convention on Human Rights so as to prevent all forms of discrimination.

      vii.       an appeal to governments of member states to create national ethics commissions with the mandate to intervene when intercommunity tensions arise, and to propose urgent measures to re-establish harmonious relations.

II. Explanatory memorandum

by Mr ESPERSEN

Contents

Paragraphs

I.        Introduction       1 - 6

II.       Identifying the root causes       7 - 12

III.       Action taken

a.       At national level       13 - 15

b.       At international level

      i.       The United Nations       16 - 17

ii.       The European Community       18 - 19

iii.       The Council of Europe       20 - 26

IV.       Conclusions       27 - 37

I.        Introduction

1.       In 1992, Europe witnessed a dramatic resurgence of racism, xenophobia and intolerance, resulting in an unprecedented number of attacks on migrant workers, refugees, asylum-seekers, Gypsies and Jews.

2.       During that year, no less than 2 100 attacks were recorded in Germany, leading to the deaths of seventeen people, but violence was also reported in, for instance, France, Italy, Belgium and Spain, as well as in several central and eastern European countries.

3.       An expert report titled "Racial violence and harassment in Europe", prepared under the auspices of the Council of Europe's European Committee on Migration (CDMG) in October 1992 concluded that, across much of Europe, there was still a serious lack of appreciation of the significance of racially motivated incidents. The report which examined the situation in six Council of Europe member states (France, Germany, Italy, the Netherlands, Sweden and the United Kingdom) found that only in the United Kingdom these phenomena had been identified as a distinct problem.

4.       By the end of 1992, extensive media coverage of certain particularly dramatic attacks had greatly increased public awareness. Large demonstrations against racism and xenophobia took place in many European cities. Nevertheless, in the first half of 1993, attacks on foreigners throughout Europe continued.

5.       This report is concerned with the contribution that the Council of Europe could make in finding an appropriate response to this worrying trend. It is intended as a contribution to the forthcoming Summit of Heads of State and Government to be held in Vienna on 8 and 9 October 1993, and complements Mr Schieder's report and Recommendation 1214 (1993).

6.       The Assembly's concern is clearly demonstrated by the fact that the motion for a recommendation on the fight against racism, xenophobia and intolerance (Doc. 6766 revised), which is the basis for this report, was signed by nearly ninety members of the Assembly, from all political groups.

II.       Identifying the root causes

7.       Since the second world war, all western European industrialised democracies received more or less substantial numbers of migrants. The origins of these migrants were diverse. They came from the countries around the Mediterranean, as well as from the former European colonies in Africa, Asia and the Caribbean. From being a multinational continent, Europe, to a large extent, also became multiracial. Certain southern European countries, which started as countries of emigration, recently began to receive migrants from various parts of the Third World. At the same time, refugees and asylum-seekers were received in Europe.

8.       The recent upsurge of racism, xenophobia and intolerance seems to combine a revival of old animosities such as anti-semitism and colour-based racism, with a new culture-based Euro-centrism. This mix has become manifest in the ideologies of right-wing movements across Europe. Their appeal is enhanced as a result of economic difficulties leading to poverty and especially (youth) unemployment. Much of the violence has in fact been perpetrated by marginalised young people.

9.       Even more disconcerting perhaps is that, according to various studies and opinion polls, racist or xenophobic sentiments are shared by an increasingly large percentage of the population, these being inspired and exploited by certain political parties and movements.

10.       A contributing factor is no doubt the, factually wrong, widespread belief that Europe is being "invaded" by migrants, refugees and asylum-seekers from the Third World. Although available statistics demonstrate that, for instance, in the twelve member states of the European Community a mere 2,5% of the total population come from the Third World, recent opinion polls show that this belief is shared by an ever-increasing percentage of the population. The, highly visible, concentration of non-European populations in certain urban areas may be partly responsible for this discrepancy between reality and perceptions. But perceptions matter, and the sometimes very negative role of certain media has to be mentioned here.

11.       The above is obviously only a broad outline of the complexities involved. Historians, sociologists and psychologists have all dealt with particular aspects. Although certain general trends can be discerned, manifestations of and against racism and xenophobia and related phenomena do vary from country to country. Therefore, a more detailed study covering each of the Council of Europe member states, preferably at a multidisciplinary level, is required. Such a project should be part of the Council of Europe's action in the coming years, and would constitute a convincing basis for policy proposals.

12.       Thus it might be summarised that the causes of racism, xenophobia and intolerance are complex and their manifestations vary from country to country. Nevertheless, some common elements can be discerned. These include the already mentioned wrong impression that Europe is being "submerged" by migrant, refugee and asylum-seeker flows from the Third-World. Other elements are: poor economic conditions, especially (youth) unemployment, and a revival of old prejudices such as anti-semitism and colour-based racism, all of which are skilfully exploited by extreme right-wing parties. Less than accurate reporting by certain media has further contributed to an aggravation of the situation.

III.       Action taken

a.       At national level

13.       The report on racial violence and harassment in Europe mentioned in paragraph 3 found that in the countries examined "no specific legal statute designed to deal directly with racial harassment were in evidence, other than those dealing with incitement to racial hatred and anti-racial abuse in verbal or written form. It was frequently felt by community and anti-racist organisations that the commitment of the authorities to use or mobilise existing legal and other powers was weak and their record poor". Although some countries had agencies to deal with public policy goals in this field, others sought to "prevent" the problem through immigration control. The main work would appear to have been left to non-governmental organisations, especially as regards raising public awareness and assisting victims.

14.       The report found that the best policy and practical responses to the problem had been developed in the United Kingdom. Experience there has shown that effectiveness in countering racial violence requires action concerning perpetrators, support for victims and prevention. However, British experience has also shown that although policies along these lines can be developed on paper, it is far more difficult to implement them in practice.

15.       As suggested above with regard to the root causes of racism, xenophobia and related phenomena, it would appear essential that the Council of Europe undertake a wide comparative study of measures already taken in member states. Such a study could result in specific common policy recommendations based on concrete experience. Such recommendations could include draft model legislation.

b.       At international level

i.       The United Nations

16.       The United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities studied events in Europe and, in a report dated July 1992, presented an overview of current events in racism, racial discrimination, intolerance and xenophobia which documented serious incidents in various countries. Although the ensuing Resolution 1993/20 of the United Nations Human Rights Commission was extremely cautious, the report broke new ground in that it raised for the first time the issue of racism directed against those not, or not yet accorded full citizenship in the country of residence, especially migrant workers, refugees, asylum seekers and Gypsies. With the exception of the problem of apartheid in South Africa, the International Convention on the Elimination of All Forms of Discrimination, for example, excludes "distinctions, exclusions, restrictions or preference made by a state party... between citizens and non-citizens" from its definition of racial discrimination. Like the Council of Europe report, the United Nations noted reluctance on the part of the authorities to prosecute acts of violence of racial character or to admit that they were prompted by racism. Where sentences were passed, they were often so lenient as to create the impression in migrant communities that justice was not being done. While in many countries the police was unable to protect migrants against violent manifestations of racism and xenophobia, migrants themselves in several cases became victims of excessive police force.

17.       It is to be hoped that the United Nations Human Rights Commission will continue to examine this issue. Close co-operation with the Council of Europe is this field would appear to be extremely useful. It should be recalled that the United Nations Deputy Secretary General, Mr Petrovsky, Head of the United Nations Geneva Office, when addressing the Political Affairs Committee, in May 1993, offered his co-operation on issues of common interest.

ii.       The European Community

18.       In recent years, the European Parliament set up two committees of enquiry: the Committee of Enquiry into Fascism and Racism in 1985 and the Committee on Enquiry into Racism and Xenophobia in 1990. A joint declaration against racism and xenophobia was adopted by the European Parliament, the European Council and the Commission of the European Communities in June 1986. In April 1993, the European Parliament adopted a resolution on the resurgence of racism and xenophobia in Europe and on the danger of right-wing extremist violence, based on a report prepared by Mr Cesare di Piccoli. The resolution deplored the failure to take action on many of the recommendations made by the Parliament's previous committees of enquiry. These included a recommendation that the Community become a signatory to the European Convention on Human Rights. (This was also recommended in our Assembly's recent Recommendation 1214 (1993) on the Vienna Summit).

19.       At the recent European Council in Copenhagen (21-22 June 1993), heads of state and government of the twelve member states of the European Community adopted a separate declaration on racism and xenophobia, in which they decided to intensify the efforts to identify and to root out the causes. They also pledged that member states of the Community would do their utmost to protect migrants and refugees amongst others against expressions and manifestations of racism and intolerance.

iii.       The Council of Europe

20.       Since the early 1950s, the Council of Europe showed an interest in movements of people to and from European countries. In the mid-1980s, the organisation began to examine questions relating to relations between different communities in its member states. On 14 May 1981, the Committee of Ministers adopted a declaration in which it solemnly condemned all forms of intolerance and the acts of violence they engendered. In 1984, the conclusions of the Seminar entitled "Making multi-ethnic societies work" called upon the organisation to launch a long-term programme to support the growth of good community relations in member states. As a follow-up, the Committee of Ministers initiated a Community relations project, which was carried out between 1987 and 1991. On 4 February 1993, the Assembly adopted Recommendation 1206 on the integration of migrants and community relations, inspired by the final report of this project.

21.       The Assembly's Committee on Migration, Refugees and Demography, as well as the Committee on Culture and Education, have in recent years adopted a series of recommendations aimed at promoting tolerance and multi-cultural societies.

22.       In her statement to the Parliamentary Assembly on 4 February 1993, Mrs Gro Harlem Brundtland, Prime Minister of Norway, proposed a plan of action against racism, xenophobia, anti-semitism and intolerance. According to the Prime Minister "the purpose of such a plan of action would be threefold: first, to give new political impetus to restoring tolerance at national level, by governments and by individuals and non-governmental organisations; secondly, to inspire a more comprehensive, cross-sectoral approach, addressing not only the symptoms, but possible root causes such as poverty, socio-economic conditions and unemployment; and, thirdly, to promote closer co-operation in such endeavours between members of the Council of Europe". The plan would be particularly aimed at young people. An important element of the plan should be the creation of a distinct expert body within the Council of Europe which would be charged with monitoring member countries' compliance with their legal obligations and with collecting and exchanging information.

23.       At their meeting in Strasbourg on 14 May 1993, the Committee of Ministers agreed on the items to be included in the agenda for the forthcoming Summit of Council of Europe Heads of State and Government to be held in Vienna on 8 and 9 October 1993. Under the item "Action relating to the strengthening of democracy, respect for human rights and the rule of law", the Ministers noted that heads of state and government might consider the fight against intolerance, racism, anti-semitism and xenophobia and their complex roots, including a plan of action on these subjects.

24.       A draft plan of action, strongly supported by the Secretary General, and based on the Norwegian Prime Minister's proposals, is currently being prepared by the Committee of Ministers' Deputies.

25.       At the invitation of the German Federal Ministry of Labour and Social Affairs, a Council of Europe expert meeting entitled "Tackling racism and xenophobia: practical action at the local level" was held in Berlin from 15 to 19 June 1993. At the time of writing this report, its conclusions were not yet available.

26.       The Committee on Culture and Education organised on 2 and 3 July 1993 in Strasbourg the Fourth Round Table between representatives of parliament and youth organisations on "Strategies to combat xenophobia". In its closing statement, Sir Russell Johnston observed that the event had been hampered by too many people holding the same views. This would appear to apply to many of the Council of Europe's, and other organisations', activities as well. They often only reach those already actively opposed to racism and xenophobia, and fail to influence policy-makers and the general public. Unfortunately, extremist parties are often much better at effective communication than international organisations.

IV.       Conclusions

27.       In the past years, racism, xenophobia and intolerance have resurfaced in Europe. Violent manifestations thereof have already claimed the lives of many innocent victims, including children, and have created fear and anxiety amongst segments of the population in Council of Europe member states. Despite a growing public awareness, and outcry, the worrying trend appears to continue.

28.       As a basis for specific policy recommendations, a detailed multi-disciplinary comparative study of the root causes of xenophobia and racism should be carried out by the Council of Europe in all its member states. First preliminary studies, limited to a small number of countries, have already indicated the usefulness of this approach.

29.       These studies, which were also carried out by the European Community and the United Nations, demonstrated that, at least as recently as 1992, on the part of the authorities in many countries there was clear failure to recognise the resurgence of racism, xenophobia and its violence manifestations as a distinct problem and a corresponding lack of effective measures.

30.       In particular, there was a manifest reluctance in several countries to prosecute the perpetrators of racist violence. This and the leniency of those sentences that were passed, created an impression that justice was not being done. Consequently, before resorting to new legislation as proposed in the face of particular incidents, existing legal instruments should be better used.

31.       The proposals made by the Norwegian Prime Minister, Mrs Brundtland, before our Assembly on a European plan of action should be fully supported. In particular, the proposal to create an independent group of experts to monitor member states' commitments, to exchange information and to stimulate action at national, regional and local level, should be accepted by the forthcoming Vienna Summit.

32.       The outstanding success of the European Commission of Human Rights and European Court of Human Rights and, as well as of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, clearly demonstrate the effectiveness of independent bodies to promote our organisation's common principles.

33.       The Assembly should be given the opportunity to comment on the reports to be submitted by this independent body.

34.       Non-governmental organisations already play a major role at national level in combating racism and xenophobia. Therefore, they should also be given the possibility to address formal communications to the independent group of experts.

35.       Moreover, member states should fairly share the burden resulting from the application of the Geneva Convention of 1951 relating to the status of refugees. The Committee of Ministers should create, in close co-operation with the Office of the United Nations High Commissioner for Refugees, a European refugee forum or commission to promote policies aimed at improving solidarity between member states as regards the consequences of receiving refugees and asylum-seekers.

36.       The European Convention on Human Rights, which, it is recalled, applies to everyone within the jurisdiction of Council of Europe member states, already constitutes an important instrument in the defence against manifestations of racism and xenophobia. It could become an even more efficient instrument if its Article 14 were extended to prohibit all forms of discrimination as already proposed by the Assembly in Recommendation 1099 (1988) on improving community relations. The present Article 14 of the European Convention on Human Rights only prohibits discrimination with regard to the enjoyment of the rights and freedoms set forth in the Convention.

37.       The plan of action, as proposed by Mrs Brundtland, foresees a broad campaign to mobilise the public, especially young people, in favour of a tolerant society. Since in the past recommendations on activities by the Council of Europe, as well as by other organisations, did not, or only insufficiently, reach the public (and policy-makers), measures to ensure effective communication should be an integral part of the plan of action. To this end, clear commitments by the participants in the Vienna Summit would be an important first step.

      Reporting committee: Political Affairs Committee.

      Budgetary implictions for the Assembly: none.

      References to committee: Doc. 6686, Reference No. 1812, and Doc. 6687, Reference No. 1813 of 5 November 1992 and Doc. 6766, Reference No. 1847 of 5 February 1993.

      Draft recommendation unanimously adopted by the committee on 10 September 1993.

      Members of the committee: MM. Reddemann (Chairman), Sir Dudley Smith (Vice-Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson), MM. Agnelli, Alvarez-Cascos (Alternate: Fabra), Andreotti, Antretter, Baumel, Björn Bjarnason, Bokov, Bratinka, Cimoszewicz, Efraimoglou, Espersen, Lord Finsberg , MM. Fiorini, Flückiger, Galanos, (Alternate: Hadjidemetriou), Gricius, Mrs Haller, Mrs Halonen, MM. Hardy (Alternate: Banks), Hellström, Irmer, Kaspereit, Kelam, Kelchtermans, Kenneally, König (Alternate Schwimmer), Mrs Lentz-Cornette, MM. van der Linden (Alternate: Verbeek), Machete, Martins, Maruflu, Masseret, Mimaroglu, Moya (Alternate: de Puig), Oehry, Pahor, Pangalos, Panov, Psaila Savona, Schieder, Seeuws, Mrs Suchocka (Alternate: Koslowski), MM. Szent-Ivanyi, Tarschys, Thoresen, Trabacchini, N ... (Alternate: Mrs Janu).

      N.B. The names of those members who took part in the meeting are printed in italics.

      Secretaries to the committee: Mr Sorinas, Mr Kleijssen and Mrs Kleinsorge.