Liberal Democrat Member of the European
Parliament for Yorkshire and the Humber
|
Diana Wallis Liberal Democrat Member of the European Parliament for Yorkshire and the Humber |
|
|
|
|
|
|
|
|
|
|
| Speech delivered by Diana Wallis MEP to the Ethnic Minority Liberal Democrats Annual Conference on 15th December 2002 04/04/2003 |
|
Thank you for inviting me here today to address the question:
"Can the political xenophobic agenda in Europe be contained by the Equalities and Human Rights legislative agenda of the European Parliament?" I think it is important to begin by pointing out that since the end of the Second World War, the nations of Europe have been working together to eradicate racism, anti-Semitism, and xenophobia in our continent and throughout the world. What I would like to address today, however, is how, as a result of the rise in power and influence of the European Union, the responsibility to combat the evil forces of racism, anti-Semitism and xenophobia is increasingly being addressed at the EU 'supranational' level. Specifically, today, I would like to talk about how the 'European Parliament' is taking initiatives to combat racism, anti-Semitism and xenophobia. In addition I would like to address the issue of what more the European Parliament can do, especially in view of the fact that the European Parliament is the only democratically elected voice of the EU, and so in that capacity as elected representatives of the citizens, it is our duty to ensure that the evils of racism, anti-Semitism and xenophobia is contained by our legislative agenda, and that this containment continues. In addition, I can assure that within the European Parliament the Liberal party works hard to ensure that the fight against racism and the need for equality is paramount. I would like to talk about the two important issues of concern that the European Parliament is seeking to address in its legislative agenda. One major concern is the spread of racist material over the Internet, and the other issue is addressing racism in the Enlargement countries, due to join the EU in 2004. Traditionally, when we think of racism, we have images of skinheads' acts of violence against minority groups in heavily Asian populated parts of Britain, or Jewish gravestones being smashed in Paris, or even the more sophisticated political agendas of incitement of racial hatred by extremist right wing political groups. A more up-to-date definition of racism, however, includes what I have just mentioned, but also widens the scope of what can be considered racism, to include more 'white collar' acts, such as non-violent acts, such as racist material found on the Internet and racist publications. This in many ways is a more dangerous form of racism, as it is often NOT covered by the mass media. To elucidate this point, I would like to share some recent statistics with you to indicate how it is this modern form of racism particularly needs to be addressed by EU legislation. Taking Germany, as an example, official statistics show that out of a total of 10,037 registered criminal offences with racist/xenophobic motives, 66% fell within the category of propaganda offences. And out of 10,982 racially aggravated circumstances in the UK, between April to September 1999, half of these were harassment related, but not explicitly violent in nature. Yes, harassment is a form of violence, but because it is not violent in the same sense as skinheads smashing gravestones, or beatings in alleyways, it does not get the same media coverage as explicitly violent acts, and so it draws less public attention. So, it is the more subtle, but just as abusive racism, that the EU is seeking to address in its legislative agenda. Concerning the legislative means to combat racism, the EU, under the Treaty of Amsterdam addresses the issue by way of Article 12, which prevents discrimination based upon nationality, and through Article 13 which prevents discrimination based on sex, race or ethnic origin, religion or belief, age or sexual orientation. By addressing these forms of discrimination at Treaty level, the EU has therefore put firmly in place, guiding principles of non-discrimination which must be incorporated impliedly and expressly into secondary EU legislation, such as directives. This means that, in practise, secondary legislation cannot contain any provisions that embody any forms of racism, and moreover, that legislative initiatives must actively be taken to combat racism. In addition to these Treaty provisions, the EU has set up a convention to prepare a Charter of Fundamental Rights for its citizens, something that the liberals support. This Charter was formally proclaimed by the European Parliament, the Council of the EU and the European Commission during a meeting of the European Council in Nice on 7th December, 2000. Unfortunately due to unwillingness of governments to give this the legislative weight it deserves, the Charter does not yet have any legally binding force. But, the European Parliament DOES support the inclusion of the Charter into the framework of the convention on the future of Europe, and so eventually, the Charter should have binding force. There are four important articles in the Charter that relate to our discussion today. Firstly, Article 10 protects 'Freedom of thought, conscience and religion', to quote, "This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance." Secondly, Article 20 proclaims that 'Everyone is equal before the law'. Thirdly, Article 21 prohibits any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Fourthly, Article 22 protects 'Cultural, religious and linguistic diversity'. So, as you can see, there is in place, by way of Treaty provisions, law to protect against discrimination, and a Charter of Fundamental Rights which should soon have legal force, and which the European Parliament, and the Liberal Party in Europe, both support giving legal force to, by way of supporting the inclusion of the Charter in a written constitution for the people of Europe. Concerning secondary legislation, there are a number of measures that have been passed by the EU, to combat racism. Directive 2000/43/EC of the 29th of June 2000, implements the principle of equal treatment between persons irrespective of racial or ethnic origin. Directive 2000/78/EC of the 27th of November 2000, establishes a general framework for equal treatment in employment and occupation. Council Decision of the 27th of November 2000, establishes a Community action programme to combat discrimination covering the years 2001 to 2006. Council Regulation No 1035/97 of the 2nd June 1997, establishes a European Monitoring Centre on Racism and Xenophobia. And with regard to the less explicitly violent forms of racism, particularly relating to on-line forms of racism, the European Commission, European Council, and the European Parliament have agreed unanimously passed Decision No 276/1999 of the 25th of January 1999 a strategy called The Safer Internet Action Plan. The focus of the Action Plan is child protection, and other illegal and harmful content such as racism. Further measures are now being debated in the European Parliament concerning cover extending the scope of the Action Plan to include mobile and broadband content, chat rooms and Internet messaging services, and on-line games. So, as you can see, the European Parliament, and other EU institutions, with the support of the European Liberals, are all trying as hard as possible to legislate to keep up with developments in technology. So that, we can ensure that the pace of technology does not outpace the legislation. This way we can guarantee that human rights and fundamental freedoms are protected, and not infringed by the terrific speed of technological developments in the modern world. In addition to keeping up with technological developments, the EU legislates to keep up with political developments, particularly relating to countering racism in the ten candidate countries of Eastern Europe. Starting as far back as 1993, the European Council, meeting in Copenhagen, set economic and political criteria to be fulfilled by the associated countries of Central and Eastern Europe seeking to become Members of the European Union. Among the criteria it laid down, were the achievement of institutional stability as a guarantee of democratic order and the rule of law and for ensuring respect for human rights, as well as respect for and the protection of minorities. In addition, Article 49 of the Amsterdam Treaty provides that the applicant countries must respect the principles set out in the Treaty. As an example, before being admitted as a members of the EU, one important criteria is that all candidate countries must have caught up with current member states in terms of countering racism. Towards this purpose, the European Monitoring Centre on Racism and Xenophobia was set up in 1997 by the European Union as an independent body to contribute to combat racism, xenophobia and anti-Semitism throughout Europe. It has the task of reviewing the extent and development of the racist, xenophobic and anti-Semitic phenomena in the European Union and promoting "best practice" among the Member States. It provides the EU and its Member States with objective, reliable and comparable data at European level on 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. More recently, the European Parliament, in a resolution on 'Agenda 2000', made a clear statement concerning the necessity for Enlargement countries to tackle racism in the Enlargement countries, by stating that, 'all the applicant countries which do at present meet the criterion of a stable democratic order, respect for human rights and the protection of minorities laid down at Copenhagen, have the right to open the reinforced accession and negotiating process at the same time' The European Parliament also made it particularly clear that Accession would need ratification and implementation of legal human rights standards, and there must be respect for the rights of minorities. And the Parliament also emphasised that 'an efficient and trustworthy public administration is a vital element 'to strengthen the rule of law' and stressed that 'the independence of the judiciary is one of the pillars upholding the rule of law and fundamental to the effective protection of fundamental rights and civil liberties'. Core liberal principles. To summarise therefore, the two main issues we are facing are the outpacing of technology over legislation, which has given rise to dangerous forms of racism over the Internet, and the guarantee that racism is tackled in the Enlargement countries. And the European Parliament's legislative agenda, as I hope I have shown, is actively seeking to address these two issues, and we will continue to contain racism to the best of our legislative ability. Thank you. |
| Back to Speeches Contents Page |