European Roma Rights Centre (ERRC)European Roma Rights Centre (ERRC) &&

GLOBEAGLOBEA   

Anti-discrimination seminars: Anti-discrimination seminars:  the EU Race Equality Directivethe EU Race Equality Directive

   

Prague, 1- 3 December 2004Prague, 1- 3 December 2004

Presenters: Paul O’Keeffe, Vladislava Iordanova, Stasha ZiakovaPresenters: Paul O’Keeffe, Vladislava Iordanova, Stasha Ziakova

IntroductionIntroduction

Draft proposal for the anti-discrimination Draft proposal for the anti-discrimination law going through the chamber of deputies law going through the chamber of deputies and senateand senate

Wednesday– Legal sectorWednesday– Legal sector Thursday --- NGOsThursday --- NGOs Friday --- Government Service Providers/ Friday --- Government Service Providers/

RepresentativesRepresentatives

Fighting Racial DiscriminationFighting Racial Discrimination - A workshop for civil society organisations in the Czech Republic - - A workshop for civil society organisations in the Czech Republic -

Thursday 2 December 2004 Thursday 2 December 2004

European Union anti-discrimination policyEuropean Union anti-discrimination policy--Anstead--Anstead The areas of discrimination covered under the EU The areas of discrimination covered under the EU

Race Equality Directive and what the terminology Race Equality Directive and what the terminology really means--Farcas really means--Farcas

The role of specialised bodies and their relationship The role of specialised bodies and their relationship with civil society organisations-- Rodgerswith civil society organisations-- Rodgers

What can civil society organisations do to combat What can civil society organisations do to combat discrimination? --Bedarddiscrimination? --Bedard

VPO---Its new role as the service providerVPO---Its new role as the service provider Open Discussion btw ERRC, CRE, Government Reps., Open Discussion btw ERRC, CRE, Government Reps.,

NGOs and the service providerNGOs and the service provider

European Union anti-discrimination policyEuropean 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

RaceRace Equality Equality DirectiveDirective and and TerminologyTerminology

Prohibits discrimination against people on the Prohibits discrimination against people on the grounds of ethnicity or race in a wide number of grounds of ethnicity or race in a wide number of areas, including employment, education, areas, including employment, education, training, social security benefits, health care, training, social security benefits, health care, and access to and supply of goods and services and access to and supply of goods and services that are available to the public, including that are available to the public, including housing. housing.

Member states are also required to designate (or Member states are also required to designate (or create) a body to provide support and guidance create) a body to provide support and guidance to victims of racial discrimination. to victims of racial discrimination.

Race Equality Directive 2Race Equality Directive 2 Most governments have taken a minimalist approach Most governments have taken a minimalist approach

when implementing the directive, which in many cases when implementing the directive, which in many cases has led to uncertainty, discrepancies between different has led to uncertainty, discrepancies between different laws, and vague definitions that leave room for laws, and vague definitions that leave room for interpretation and argument. Consequently, the laws, interpretation and argument. Consequently, the laws, which in principle should protect the victims of which in principle should protect the victims of discrimination, leave them to cope with legal discrimination, leave them to cope with legal uncertainties. uncertainties.

Doesn’tDoesn’t describe describe Racial Discrimination Racial Discrimination Indirect discriminationIndirect discrimination Direct discriminationDirect discrimination Harassment Harassment VictimizationVictimization

Burden of ProofBurden of Proof

The Burden of Proof is shifted to the The Burden of Proof is shifted to the respondent when it is established that respondent when it is established that discrimination occurreddiscrimination occurred

To establish can be difficult so it is up to To establish can be difficult so it is up to NGO activism to do this.NGO activism to do this.

Akcion PopularisAkcion Popularis

SanctionsSanctions

Article 15--- Sanctions must be effective, Article 15--- Sanctions must be effective, proportional and dissuasiveproportional and dissuasive

Criminal Sanctions for egregious actsCriminal Sanctions for egregious acts Civil Sanctions--- compensation, Civil Sanctions--- compensation,

exemplary damages, punitive damagesexemplary damages, punitive damages Labour representative-- any fine goes to Labour representative-- any fine goes to

the state so people aren’t motivatedthe state so people aren’t motivated

Role of specialised bodies and their relationship with Role of specialised bodies and their relationship with civil society organisationscivil society organisations

CRE in UK CRE in UK ► ► Good bench mark/exampleGood bench mark/example Characteristics of Specialised BodiesCharacteristics of Specialised Bodies ResponsibilitiesResponsibilities

Elimination of Racial Discrimination, Good race Elimination of Racial Discrimination, Good race relations, Promoting equality and operation etc…)relations, Promoting equality and operation etc…)

StatusStatus Independent, Up hold the principles of public life, Independent, Up hold the principles of public life,

Accountable, Open and honestAccountable, Open and honest GovernanceGovernance

Commissioners, Advisers, CommitteesCommissioners, Advisers, Committees

Role of specialised bodies and their Role of specialised bodies and their relationship with civil society organisationsrelationship with civil society organisations

AccountabilityAccountability Annual Report, Role of Chief Executive, Annual Report, Role of Chief Executive,

Budget allocationsBudget allocations Special situation in UK regarding financing (1/4 of Special situation in UK regarding financing (1/4 of

budget goes to NGOs directly)budget goes to NGOs directly)

StructureStructure Strong regional presenceStrong regional presence

Role of specialised bodies and their Role of specialised bodies and their relationship with civil society organisationsrelationship with civil society organisations

Priorities for CRE (2005-2008)Priorities for CRE (2005-2008)

Change in:Change in: Work Work

• occupational segregationoccupational segregation

Services Services • schools, police, prisonsschools, police, prisons

Communities Communities • safety, youth cohesion, conflict resolutionsafety, youth cohesion, conflict resolution

Role of specialised bodies and their Role of specialised bodies and their relationship with civil society organisationsrelationship with civil society organisations

FunctionsFunctions information, education and promotion with information, education and promotion with

respect to public awarenessrespect to public awareness advice an assistance to victimsadvice an assistance to victims investigation and enforcementinvestigation and enforcement research and codes of practiceresearch and codes of practice to promote good race relationsto promote good race relations

Role of specialised bodies and their Role of specialised bodies and their relationship with civil society organisationsrelationship with civil society organisations

Issues to considerIssues to consider IndependenceIndependence Enforcement and promotionEnforcement and promotion Assistance to victimsAssistance to victims ResourcesResources Regional and local diversityRegional and local diversity To maintain focusTo maintain focus

The Situation in the CRThe Situation in the CR

Government positionGovernment position

VPO – OmbudsmanVPO – Ombudsman

NGOsNGOs

Government PositionGovernment Position

Two Possible ModelsTwo Possible Models A. Equal treatment centre (Centrum Pro Rovne A. Equal treatment centre (Centrum Pro Rovne

Zachazeni) Zachazeni) B. Ombudsman (Verejno Pravni Ochrance)B. Ombudsman (Verejno Pravni Ochrance)

Initial plan for A – commission of equality was Initial plan for A – commission of equality was the model for this, but rejectedthe model for this, but rejected

Opted for B but with possibility for a special Opted for B but with possibility for a special department within the VPO department within the VPO

The agenda = gender and race directive + The agenda = gender and race directive + religion, sexual orientation, age and disability religion, sexual orientation, age and disability

VPOVPO Cernin Karel Cernin Karel Dealing with public sector issues whereas Dealing with public sector issues whereas

discrimination affects private entitiesdiscrimination affects private entities Real need for cooperation with NGOsReal need for cooperation with NGOs Unclear where the headquarters will be Unclear where the headquarters will be Credibility issues from now onCredibility issues from now on StructureStructure

40 lawyers (recent graduates)40 lawyers (recent graduates) FearsFears

no discrimination experience, independence, no discrimination experience, independence, minimalist or maximalist approachminimalist or maximalist approach

VPOVPO

Legal Issues Legal Issues used to establishing trends from collection of used to establishing trends from collection of

cases not with individual casescases not with individual cases communication with public officials not private communication with public officials not private work with given materialswork with given materials

Is a lawyer the best candidate for this job?Is a lawyer the best candidate for this job?

NGOsNGOs

Need for a greater roleNeed for a greater role Over looked, no funding, taken as an inferior Over looked, no funding, taken as an inferior

partner but called upon to save the day when partner but called upon to save the day when things get toughthings get tough

Architecture laid down but enforcement Architecture laid down but enforcement poor or non-existentpoor or non-existent

The EndThe End