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EUROPEANPARLIAMENT

REPORT drawnup on behalfof the Committeeof Inquiry intoRacism and

on thefindings of the Committeeof Inquiry

Rapporteur:Mr Glyn FORD This publicationis availablein followinglanguages:

DA ISBN 92-823-0221-0 DE ISBN 92-823-0279-2 GR |SBN92-823-0283-0 ES ISBN92-823-0281-4 FR ISBN 92-823-0282-2 lT lsBN 92-823-0284-9 NL ISBN 92-823-0285-7 PT |SBN92-823-0286-5

Cataloguingdata can be foundat the end of this publication.

Luxembourg:Office for OfficialPublications of the EuropeanCommunities, 1991 tsBN 92-823-0280-6 Cataloguenumber: AX-59-90-81 S-EN-C O ECSC-EEC-EAEC, - ,1991

Reproductionis authorized,except for commercialpurposes, provided the sourceis acknowledged. The Englishversion is the original. Printed in Luxembourg Introductionby Mr EnriqueBARÖN CRESPO, Presidentof the EuropeanParliament

This brochuredeals with one of the majorsocial and politicalproblems of our time. In continuingour work for a peacefulanddemocratic united , we mustensure that our Europeis an opensociety based on the respectof fundamentalrights and the rejectionof all formsof discrimination, Racismand xenophobiaspring from the individual'sfear and insecurityabout the future andare nurturedby unemploymentand povefi. The removalof thesefactors should be a primepolicy aim for Europe'snational and localauthorities as well as for the European Community.But this is only part of the picture.The campaignagainst and xenophobiacan not simply be handedover to authoritiesand institutions;it is the responsibilityof eachand everyone of us. In orderto makethe citizensof Europeaware of this we haveto enhanceand regularly updatetheir knowledge of the facts,symptoms and structuresin whichthis evil manifests itself.This is oneof thetasks the EuropeanParliament has taken upon itself. This is why it decidedfor the second time in fiveyears to setup a committeeof inquiryinto the problems of racismand xenophobia.The reportof this committee,whose rapporteurwas our colleagueGlyn FORD,forms the basisof this brochure.lt is intendedto followup the previousreport published in 1986,with which the nameof the lateDimitrios EVREGENIS willalways be linked.lt is alsointended to ensurethat concrete progress follows from the jointdeclaration against racism and xenophobia signed on 11 June1986 by the ,the Commission,the Councilof Ministersand the representativesof all the MemberStates, Maythis brochurecontribute towards the realizationthat racism is ethicallyunacceptable and politicallydangerous, and a greaterawareness of our commonresponsibility to work for a democraticand pluralistEuropean society respecting the dignityof menand women whatevertheir race, sexual orientation, religion, nationality or ethnicorigin. Enrique BARöN CRESPO

Resolutionon the report by the Committeeof Inquiry into Racismand Xenophobia

TheEuropean Parliament, havingregard to the reportof its Committeeof Inquiryinto Racismand Xenophobia (43-195/90),

1. Resolves to give effect to the recommendationsto the European Parliament containedtherein; 2. Gallson the Commission,the Council,the ForeignMinisters meeting in European PoliticalCooperation and the governmentsof the MemberStates to study in detail the recommendationscontained in the reportof its Committeeof Inquiry; 3. Undertakesto publish and distributewidely the report in the Member States, includingat localand regionallevel, and callson the Commissionand Councilto do the same; 4. Instructsits Presidentto forwardthis resolutionand the reportof its Committeeof Inquirywith the recommendationscontained therein to the Council,the Commission,the ForeignMinisters meeting in EuropeanPolitical Cooperation and the governmentsof the MemberStates. Resolutionon the reportby the Committeeon Inquiryinto Racismand Xenophobia

The EuropeanParliament, having regard to Oral Questions with debate 83-1327 and 1329/90 on the recommendationsof the Committeeof Inquiryand the Commission'sresponse, having regard to the findings of the Committeeof Inquiry into Racism and Xenophobia, havingregard to the JointDeclaration against Racism and Xenophobiaof 11June 1986,

A. havingnoted the recommendationsset out in the Committeeof Inquiry'sreport, B. whereas particularvigilance is requiredto prevent any threat of racism and xenophobiabecoming more widespread in Europe,

1. Approvesthe appropriatemeasures which will enable the Community'sspecific role in this field to be strengthenedalongside national bodies and welfareand religious authorities; 2. Takesthe viewthat a solutionmust also be soughtin a wide-rangingprogramme encompassingemployment, housing, education and the developmentof harmonious coexistenceat grass-rootslevel; 3. Calls,accordingly, on theCommission, Counciland other Community institutions, as wellas on the governmentsand parliamentsof the MemberStates, to worktowards that goaland callsmore specifically on its Committeeon Budgetsto enterin the budgetat an earlydate the budgetheadings proposed in theCommittee of lnquiry'srecommendations; 4. Instructsits Presidentto fonruardthis resolutionto the Commission,the Counciland the otherCommunity institutions and to the governmentsand parliamentsof the Member States. CONTENTS Page 1. GENERALCONSIDERATIONS 11 2. ORGANIZEDRACISM AND RIGHT.WINGEXTREMISM 19 2.1, Belgium 19 2.2. Denmark 21 2.3. FederalRepublic of . . . . 22 2.4. Greece 27 2.5. 27 2.6. lreland 31 2.7. ltaly . 32 2.8. Luxembourg... 34 2.9. The 35 2.10. Portugal 36 2.11. 37 2.12. UnitedKingdom 38 2.13. 41 2.14. EasternEurope 42 2.15. Norway 44 2.16. Sweden 45 2.17. The internationalskinhead movement 46 Sources 49

3. COUNTRYBY COUNTRYANALYSIS 51 3.1. Foreword 51 The EuropeanCommunity: 3.2. Belgium 52 3.3. Denmark 55 3.4. FederalRepublic of Germany. . . . 57 3,5, Greece 58 3,6. Spain 59 3.7. France 61 3.8. lreland 65 3.9. . 65 3.10. Luxembourg... 67 3.11. The Netherlands 68 3.12. Portugal 70 3.13, UnitedKingdom 71 3.13,1.England 71 3.13.2. 73 3.13.3.Wales 74 Other EuropeanCountries: 3.14. Austria 74 3.15. Switzerland... 74 3"16. Norway 75 3.17. Sweden 76 3"18. Finland 76 3.19. Eastand CentralEurope (of the WarsawPact) 77 3.19.6. Democratic Republic 77 Footnotes 79

4. coMMUNtTYACTTON STNCE 1986 . 97 4.1. lntroduction.... 97 4.2. Recommendationsfully implementedat the Communitylevel . 98 The 1986Joint Declaration against Racism and Xenophobia 98 Eurobarometerstudy on racismand xenophobia in the EuropeanCommun- ity... 99 4.3. Recommendationson which some action was or has been taken at the Communitylevel . 99 4.3.1.Definitionof the Commission'scompetence on migrationpolicies in relation to non-membercountries 99 4.3.2. lnformationHandbook 101 4.3.3. A comparativelaw study 101 't02 4.3.4. Migrantwomen and employment 4.3.5.Youth againstracism 102 4.3.6. Fundsset asidefor conductinginformation compaigns 103 4.4. Recommendationswhose implementationis still in progress 103 4.4.1.The'lntercommunityForum' or'Migrants' Forum' 103 4.4.2. Commission'sproposal to combatracism and xenophobia 105 4.5. Measuresimplemented by the Council/MemberStates 108 4.5.1.Europeandimension in education 108 4.5.2.Youth exchangeprogrammes . . . 108 4,5.3. 1977directive on the educationof the childrenof migrantworkers 109 4.6. Measuresimplemented by the EuropeanParliament . . 109 4.6.2. WrittenDeclaration on the fight againstxenophobia and racism 109 4.6.3. Plenarydebate on the fight againstracism 110 4.6.4. Publicsymposium on racismin Europe 110 4.7. Recommendationsnot given sufficientattention by Communityinstitutions 111 4.7.2.Creationof a Europeanlegal area to combat internationalterrorism and extremism 111 4.7.3.Cooperationbetween the Councilof Europeand the EuropeanCommunity 112 4.7.4. EuropeanYear to promoteinter-community harmony 112 4.7.5. Guidelor ethnicminorities on Communi$funding . , . . 113 4.7.6.A comparative-lawstudy 113 4.7.7.Casestudies of certainCommunity urban centres experiencing high levels of racism 113 4.7.8. Massrnedia's role in eliminatingracial prejudice and promotingharmonious relationsamong communities resident in Europe 113 4.7.9. Dialoguewith socialforces 114 Footnotes 115

5. GENERAL TRENDS IN POLICIES AND INTERGOVERNMENTAL STRUCTURES. 119 5.1. The foreignpopulation in the Community 119 5.2. Recentdevelopments in Centraland EasternEurope 121 5.3. Labourmarket 123 5.4. Internationalinstruments . , 124 5.5. Intergovernmentalcoordination.... 127 5.6. Humanrights 129 Footnotes 131

6. RACISMAND ANTI.RACISMIN THE CULTURALFIELD 133 6.1" Foreword 133 6.2. Informationabout ethnic minorities 134 6.3. Informationto ethnicminorities in radioand television. . 145 10

6.4. lnformationby ethnicminorities 146 6.5. Conclusion 147 150

7. CONCLUSIONSAND RECOMMENDATIONS 153

Annexl: Writtenevidence and documentationreceived 169

Annex ll, consistingof submissionsby nationalofficials at the hearingof 2g-31 January 1990 and by expertsand representativesof associationsat the public hearingof 9-11April 1990, is beingpublished separately. lt is availableonly in two versions- Englishand the originallanguages of the contributors(i.e. 'Rainbow'). 11

Chapter1: Generalconsiderations

1.1. In its second legislativeperiod in particular,the directlyelected European Parliamentdevoted considerable attention to the increaseol racismin Europeand to the riseof extremeright-wing groups which are the politicalexpression,the resultand to some extentthe causeof this increase.One reasonwhy Parliamentbegan to take a greater interestwas, of course,the fact that in the years 1984-89it had to contendwith an increasedpresence of electedrepresentatives of such extremeright-wing groups in its own chamber.

1.2. The upshotwas that a committeeof inquirywas set up pursuantto whatwas then Rule95 of the Rulesol Procedure,its termsof referencebeing to studythe riseof andracism in Europeand to submita reportto Parliament.Mr Le Penbrought an actionon behalfof the Groupof the EuropeanRight before the Courtof Justiceof the European Communitiesin Luxembourgrequesting it to annulthe EuropeanParliament's decision to appointa committeeof inquiry,but the Courtdeclared the actioninadmissible.

1.3. The reportwas submitted in December1985 (the Evrigenis report, PE 97.547)and discussedin plenaryin January1986 using the procedureof oralquestion with debate. On re-readingthe reportone is struckby the factthat it is stillan extremelyvaluable analysis of the phenomenaof fascismand racism,their ideologicaland social roots and the objectivesof the groupswhich they have produced.

1.4. The creationof the Committeeof Inquiryand its reportwere contributory factors to theJoint Declaration against Racism and Xenophobia which was signedon 11June 1986 in the chamberof the EuropeanParliament in Strasbourgby the Presidentsof the EuropeanParliament and the Council,the representativesof the MemberStates meeting withinthe Counciland the Commission.

1.5. The declarationmakes it incumbenton the institutions,and also the individual MemberStates, to take appropriatemeasures to combatall formsof intolerance,hostility and use of forceagainst persons or groupsof personson the groundsof racial,religious, cultural,social or nationaldifferences. On the day the declarationwas signedParliament adopteda resolutionapproving the declaration.

1.6. Sincethen, almost every available opportunity has beenseized in the European Parliamentto denounceexpressions ol racismand fascismand to remindthe European institutionsand the governmentsof the MemberStates of their responsibilitiesin this respect,as solemnlystated in the JointDeclaration. Parliament has also been concerned with Communityand nationallegislation on the rightof asylum,identity checks and the socialrights of immigrants;these are fieldsin whichthe signatoriescan give concrete expressionof theirdesire to implementthe principlesof the Joint Declarationof 1986. 12 CHAPTER1

1.7. In additionto all the oraland writtenquestions and resolutionson thesesubjects, the rapporteurwould refer in particularin this connectionto the reportsby the Committee on LegalAffairs and 'Rights on the rightof asylum(the Vetter report) and on the Commissionproposal on the fight againstracism and xenophobia(the MedinaOrtega report)and the reportof the PoliticalAtfairs Committee on the Joint Declaration(Van d-er Lek report).

1.8. However,some three years after the signingof the JointDeclaration, Parliament felt there was a need for a more comprehensivereport, which would both take stock of howthe declaration had been implemented and present a kindof synthesisof a numberof aspectsdirectly concerned with this subjectand stressedin previousreports adopted by the EuropeanParliament. lt was also felt necessaryto updateand supplementthe factual informationcontained in the Evrigenisreport; updating was needed because since December1985 the situationhad undergonea radicalchange in someMember States, e.g. the Federal Republicof Germany and ltaly, and the report needed to be supplementedbecause at thetime it waswritten Spain and Portugalhad not yet joined the Community.

1.9. Norwas it possiblefor the 1985report to takeaccount of the signingof the Single 'operation EuropeanAct and the plans in 1992g3' to do away more quicklywith intra-Communityborders. By the late 1980sit had becomequite clear what impactthe compensatorymeasures which would have to be taken in this connectionmight have on immigrationpolicy in respectof personsfrom third, non-European countries and on their legalposition and freedom of movementwithin the Community.Although this is, to a large extent,a matterfor someof the permanentcommittees of the EuropeanParliament, there were sound reasonsfor establishinga separateframework for lookingat the measures and connparingthem with the principlesenshrined in the JointDeclaration ol 1986.

L10. Now,in 1990,the governments of allor someof the EC MemberStates are jointly planningmeasures which could have far-reaching consequences for the livesof millionsof personsliving in their countries,but the preparationof these measuresis beyondall parliamentarycontrol. National parliaments can only say yes or no to the international agreementsembodying the resultsof the internationalnegotiations; the European Farliamentmay possibly be ableto takesome action pursuant to its powersby virtueof the SingleEuropean Act, but on thewhole in matterssuch as thisit canonly exeicise a verbal control.This weaknesscan, however,be a strengthin someinstances. Monitoring and presentingwell documentedevidence of cross-borderincidents, the complexnature of whichis beyondthe controlmechanisms of the nationalparliaments can in itselfexercise a significantcorrective function.

1.11. The resultof the foregoingwas that in August1989 a rnotionfor a resolutionby Mr Glinne,Mr Cot,Mr Fordand Mr Romeos,and bearingthe signaturesof 147Members was tabled,and submittedto Parliament'senlarged Bureau. lt proposedsetting up a committeeof inquirypursuant to Rule 109(3)of the Rulesof Procedure'to assessthe situationin the MemberStates in the lightof the declarationof 1'l June 1986and to take 'measures stock of any violations'.lt found that which could be describedas racistand xenophobicare beingtaken in someMember States, especially by localauthorities' (PE 134.566/Bur.). CHAPTER1 13

1.12. At its meetingof 13 Septembertr9S9 the enlarged Bureau discussed the proposal Mr Mr CotIMr Fordand Mr Romeosin the piesenceof Mr Glinnewho spoketo Uy Glinne, 'noted nis proposat.fne enlargedBureau a statementby the.President declaring the unde-rRule 109(3) provided its wordingwas broughtinto linewith the r*qresi admissible 'asked provisionsof the Rules of Procedure''and the politicalgroups to confer on the membershipof this committeeof inquiry (numberof memb-ersand politicalgroup representation)'.The reservationexpresded by the enlarged Bureau related to the durationof the rnandateof the proposedcomnnittee of inquiry:the motionfor a resolution referredto oneyear, whereas Flule 109(3) of the Rulesof Procedurelimits the durationto 9 months(mlnutes of the enlargedBureau of 13.9,1989- PE 134.583/BUR.)'

1.13. The resultof the discussionsbetween the groupson the compositionof the Committeeof Inquirywas discussedin plenaryon 26 Öctober1989 as a Bureauproposal to parliamentpuisuänt to Rule1 10 of the Ruläsof Procedure.Seven members had been nominatedOy ine SocialistGroup, four by the Groupof the EuropeanPe_ople's Party, one by the Liberä|,Democratic and ReforrnistGroup, one qy the EuropeanDemocrat Group, By way ot ohe nVthe GreenGroup and one by the üroup'ofthe EüropeanUnitarian !.*ft' explaÄationthe Vice-Piesidentin the chairsaid lhe Bureauwas awareof the difficulties cairsedby thefact that not allthe groupswere represented in theseproposals'. The whole questionlrad been referred to theänlargedBureau with a viewto a possiblechange in the rules.On thefollowing day, Friday ZZ Oötober 1989, the Bureauproposal was approved in plenary.

MrVandemeulebroticke stated at thesittings of 26 and27 October1989 that, in theview of the RainbowGroup, Rule 110 had not beencorrectly applied"

1.14" On 23 November1989 the Committeeof Inquiryinto Racismand Xertophobia held its constituentrneeting, its compositionbeing as proposedby" the Bureau, i.e.Mr Elliott,Mr Ford,Mr Kri'äps,Mr Rothley,Mrs Van Herneldonck,and Mrsfiilebrak- Zaldion behalfof the SocialistörouB, Mr Cooney,Mrs Fontaineand Mr GarciaÄ"migo on behalfof the EPP Group,Mr Nordrnannon behalfof the LER Group,Lord Betheli on behalfof theED Group,Mis Tazdaiton behalfof the GreenGroup, Mrs Valent on hehatrfof the EULGroup, Mr Näniason behalfof the RDEGroup and MrsElmalan on behaif*f the CG Group.The groupsalso appointedthe followingsubstitute members: Mr Av,get'ii]ns' Mr Baget'Bozo,Irirs Belo, Mr ihristiansen,Mr Glinne,Mr"Ramirez Heredia, Mrs d't\ncona (ältSoäiatists), Mrs CassanmagnagoCerretti, Mrs Oomen-R_uijten,Mr Saridakis, für von and btauffenberg'(all'segarraFPP), Mr Wijsenbeek(LDR), Mr Prag (ED),Mrs.Roth {Green} Mrs DominEä tEUl-). Mrs d'Anconawho becarnea ministerin the Dutch gouernrenlin Noiember1989 was replacedby Mrsvan Putten(Soc.). Towards the end öt tne Committee'sappointed term Mrs Elmalan was replacedby Mr de Rossa{i-eft Unity Group).Taken as a wirolethe membersof the Committeeanri their substitutes represent all the nationalitiesof the EuropeanCommunlty.

1.1S. At its constituentrneeting the Gsmmitteeelected Mr Jean-Thomasl{ordrnann Chairman,Mrs Djida TazdaTttl6t Vice-ühairmanand Mrs Nicole Fontainesecond Vice-Chairman.t4l Ggn Ford"Chairman of the previousComnnittee of lnqui,ryinto the Rise of Fascismand Rmclsmin Europe,was appointedrapporteur' 14 CHAPTER1

1.16' TheCommittee of Inquiryheld thirteen meetings between 23 November198g and 17 July1990, including two hearings.The Committee b--ureau, together with the rapporteur and several members,held two working meetings,once in London and once in Lux.embourg.The Committeeas a whole met once öutsidethe normalplaces of work of Parliamentin Marseilles.The rapporteurpaid an exploratoryvisit ön behalf of the Committeeof Inquiryto Westand EastBerlin. From the outsetthe Committeedecided to meet in public.Exceptions were made to this on only two occasions:the hearingin late January1990, which.at the requestof the guestpartibipants was closedto the pöss and public,and in Marseilles,where only partöt tne'meetingwas closedto the prjUtic.

1'17- TheCommittee adopted virtually the sameapproach for gatheringinformation as its predecessorwhich had producedthe Evrigenisräfort: by holdingordinary meetings in Brussels,including exchanges of views with the representativesof other institutions; by holdingpublic or privatehearings; by askingfor writtensubmissions; by visitsof the wholecommittee or of the enlargedbureau to a numberof townsand conurbations.

],18. . The rapporteu.rwas also helped in hisfact-finding by two organizations:Migrants Newssheet(published by the Brussels-basedChurchäs'' Committee for Migraätsin Europe)and Searchlight,a London-basedinstitute which collects systematic infärmation on fascists and ojhgr extreme right-winggroups and organizationsin Europe. The rapporteuris particula.rlygrateful for their help. He wouid also like to expiess his appreciationto the Institutfür Migrations-und Rassismusforchung(lnstitute for i?esearch into Migrationand Racism)in ,which provided similar-a'ssistance, and to the Anne FrankFoundation in Amsterdam.

1.19. Centralto the Committee'sterms of referencewas the task of investigatingthe extentto whichthe signatoriesto the Joint Declarationin June 1g86had imfieme--nteO what had beenagreed. Setting aside the questionwhether the JointDeclaration can be deemedto be Communitylegislation and whethernon-implementation of the intentions andprinciples of thedeclaration can be regardedas an infriigementin the legalsense,the Committeebelieves there was everyreasön to carryout an iä-depthsurvey öf whetheithe Europeaninstitutions and the governmentsof ihe Member States näo tultittedthe obligationsthey had solemnlyentered into.

1.20. Thefirst stage inthe inquirywas to invitethe responsibleministers to cooperatein a hearingheld in Brusselswith nationalcivil servants responsible for combatingracism and legislationin that field. This hearingtook place on 2g-31 January t gbO.fne participantswere as follows: Belgium: Mr BrunoVINIKAS, acting Royal Commissioner for lmmigrationPolicy, Brussels. Denmark: Mr HansJENSEN, Head of Division,Ministry of Justice,copenhagen, CHAPTER1 15

Federal Republicof Germany: Mr Titu'sKOKAI and Mr jürgen HABERLAND,Chiefs ol Sectionat the Ministryof the Interior,Bonn. France: Mr LouisJOINET, Adviser in the PrimeMinister's Private Office, Paris. Greece: Mr KonstantinosECONOMIDIS, head of the legalservice of the Ministryof Foreign Affairs,Athens. Spain: Mr VictorMORENO CATENA,Secretary-General (technical) of the Ministryof the Interior,. lreland: Mr Cathal CROWLEY,Assistant Secretary of the Ministryof Justice and Mr P. MURRAY,Principal Assistant at the sameMinistry, Dublin. Italy: Mr AntonioCAVATERRA, head of the AliensSection of the EmigrationsDirectorate of the Ministryof ForeignAffairs, . Luxembourg: Mr MichelNEYENS, adviser at the Ministryof FamilyAffairs, Luxembourg. Netherlands: Mr HenkMOLLEMAN, Director, minorities policy, Ministry of the Interior,The Hague' Portugal: Iri'rAntonio GOMES LOURENQO MARTINS, deputy Attorney-General, and Mr VER- NELHOCURRAL, Director of ine Aiens and FrontierDepartment of the Ministryof ForeignAffairs, Lisbon. : Mr RichardFRIES, Assistant Under-Secretary of Stateat the HomeOffice, London. Theircontributions and the subsequentexchange of viewsare givenin Annexll' 1.21. TheCommittee organized a secondhearing, this time in public,in Brussels,from g-11April 1990, to lookinto the broad field of thefight against racism and xenophobia and the way in whichit is actuallyimplemented in termsof facilitiesfor refugees,immigrants and ethnicminorities. The participantswere as follows: Mrs NoraRATHZEL and Mrs AnnitaKALPAKA, Institut für Migrations-und Rassis- musforchung(lnstitute for Researchinto Migrationand Racism),Hamburg Mr Atf DUBS(The British Refugee Council), London Mr WalterJANSEN, Assistant Director of the NederlandsCentrum (Dutch Centre for Foreigners),Utrecht Mr AbdelatifIMAD, Mr AhmedBENYACHI and Mr MOUSSA,M6moire Fertile (Fertile Memory),Paris 16 CHAPTER1

Mr KlTlCKl, Mr GNOMIS F. GNAry and Mr T, SAFU, representativesof the OrganisationUnitaire des SyndicatsAfricains (Organization of AfricanTrade Unity), Paris ProfessorHakki KESKIN,representative of the BündnisTürkischer Einwanderer (Associationof Turkishlmmigrants), Hamburg Mr Bob COOLS,Mayor of Mrs Laura BALBO,President of ltalia Razzismo(an ltalianrace relationsorganiza- tion),Rome Mr PEBEZ,Deputy Secretary-General of Union Romani (Romany Union), Mr ArnePiel CHRISTENSEN, Secretary-Generalof Dansk Flygtningehjaelp (Danish RefugeeCouncil), Copenhagen Mrs YOUTOPOULOU-MARANGOPOULOU,President of the Marangopoulos HumanRights Foundation, Athens Mrs SabineMISSISTRANO, President of the francophonesection of the Belgian Leagueof HumanRights, Brussels Mr..f. LAPEYRE,Secretary-General of the Conf6dörationEurop6enne des Syndicats (EuropeanTrade Union Confederation), Brussels Mr FranciscoTOMAR, President of the AssociagäoCaboverdeana (Cape Verdean Association),Lisbon. See Annexll for theircontributions.

1.22. At its ordinarymeetings in Brusselsthe Committeereceived information from the responsibleMembers of the ,Mrs Vasso Papandreouand Mr.MartinBangemann. Prior to this therewas a moredetailed exchange of viewswith officialsrepresenting the Commissionon issuessuch as the EuropeanlüigrantsForum and the RhodesGroup, etc.

1.23. lt alsoreceived evidence in Brusselsfrom Mr PietStoffelen, Vice-President of the ParliamentaryAssembly and Chairmanof the LegalAffairs Committee of the Councilof Europe,Mr Houshmand,head of the Internationallnstruments section of the United NationsCentre for Human Rightsin Geneva,and ProfessorMichael Banton of the Universityof Bristol.

1.24. Duringits meetingin Marseillesfrom 17-19Aprit 1990 the Committeereceived detailedinformation on the situationof local immigrantsfrom the Mayor of Marseilles, Mr Robert Vigourouxand his staff, and from mayors and town councillorsfrom the Marseillesarea, the prefectof the Rhone-Alpes-Cöted'Azur region, Mr ClaudeBussiere andother police and judicial authorities etc. There was an invitationto the membersof the Commifieeto attend a receptionand working meetingat the RegionalCouncil by its Chairman,Mr Jean-ClaudeGaudin. Three ruembers participated, bu[the majority decided to boycottit becauseof claimsthat Mr GAUDIN'sAdministration was formed with support fromthe Frontnational.

1.25. There was also a lengthy(and at times emotional)exehange of views in Marseillesat a publichearing with the representativesof mainlylocal oiganizations for CHAPTER1 17

immigrantsand foreigners. The Committee also received information from Mr JeanKahn, Chairmanof the Conseil Repr6sentatifdes InstitutionsJuives en France (CRIF: RepresentativeCouncilof Jewish Councils in France),who had initially been invited to the publichearing on 9-11April but had been unableto attend.

1.26. Duringits meetingsin London(24 and 25 May 1990)and Luxembourg(28 June 'enlarged' 1990)the Committee's Bureauhad detaileddiscussions with ministers,local councillors,Members of Parliament,representatives of interestgroups for immigrantsand expertsetc. There was a meetingin the Houseof Commonsin Londonwith three black MPs: Mr Paul Boateng,Mr BernieGrant and Mr KeithVaz. There was an in-depth exchangeof viewsbetween the Bureauand Mr JohnPatten, Minister of Stateat the with responsibilityfor race relations. In Luxembourgthe Bureau and the accompanyingmembers received informationfrom Mr Jacques Poos, Deputy Prime Ministerand Ministerfor ForeignAffairs, Mr ,the Ministerof Justice, MrsWürth-Polfer, Mayor of Luxembourgcity, representativesof employers and employees'organizations and of immigrantworkers. In London,as in Marseilles,the Committeeestablished contact with the immigrantsin theirown communities.

1.27. lt wasnot until 17 July 1990, i,e. at itslast meeting, that the Committee was able to hold talks with the President-in-Officeof the Councilof Ministersof the European Communities.The Committeeconsidered talks with one of the signatoriesto the Declarationof 11 June 1986to be of majorimportance for its inquiryand had therefore sent an invitation,as early as the beginningof December1989, to the then French Presidencyof the Council, but, despite oral assurancesfrom officialsof the French PermanentRepresentation that the President-in-Officewould attend the committee's meetingof 20121December 1989, the lattercried off on the eve of the meeting.

1.28. The Committeeof lnquirythen immediatelyapproached the lrishPresidency but during its six-monthterm of officethe lattercompletely boycotted the inquiryof the committee,despite repeated requests and invitationsfrom its chairman,Mr Nordmann, and Parliament'sPresident, Mr BarönCrespo, to the lrish ForeignMinister, Mr Gerard Collins.The rapporteurand the Committeetherefore express their particular appreciation to the ltalianPresidency which, almost immediately upon taking up office,declared itself willingto appearbefore the Committee. The talks held on 17July with Mr ClaudioVitalone, ItalianUnder-Secretary of Statefor ForeignAffairs, were mostuseful and informativebut, owingto thecircumstances described above, came too lateto havea significantimpact on the contentof the report(1).

1.29. At its meetingof 16 and 17 July 1990the Committeeadopted the recommenda- tionsby 10votes in favour,one against and one abstention. A roll-callvotewas requested and agreed.The followingvoted in favour:Mrs Tazdalt, first vice-chairman;Mr Ford, rapporteur;Mrs Belo (deputizingfor Mr Krieps),Mr De Rossa,Mr Elliott,Mr Glinne (deputizingfor Mrs Mebrak-Zaidi),Mr Nianias,Mr Ftothley,Mrs Valentand Mrs Van

') T* same is true of the reply(dated 7 September1990) by the ltalianGovernment to a letter(dated 11 April 1990)from the Committee Chairman, Mr Nordmann,to the ltalianForeign Minister Mr de Michelis,in conneclion wilh commenlsby the ltalianVice-Premier, Mr Claudiolvlarteili, coneerning the deploymentof the ltalianarmy againstclandestine immigration in the country. 18 CHAPTER1

Hemeldonck.Mr Nordmann,chairman, voted against. Mrs Fontaine,second vice- chairman,abstained. Mr Cooneydeclined to take part in the vote. 1.30. The Committeeand its rapporteurbelieve, however, that even withoutthe cooperationof the Presidencyof the Council(which managed to adopta resolutionon the fight againstracism and xenophobiawithout informing or consultingin any way the EuropeanParliament's Committee of Inquiry)it hasbeen able to buildup a fairlycomplete pictureof the implementation(or non-implementation)of the Joint Declarationof 1986. Readersof the followingdocuments will decide for themselveswhether the Committeeis justifiedin this belief. 19

Chapter2: Organizedracism and right-wingextremism

2.1. Belgium 2.1.1. The currentsituation of right-wingextremism in Belgiumagain representsa pictureof limitedprogress whose focal point is very much the (VB), which has doubledits supportin partsof Flandersin the last two years. 2.1.2. Antwerpis theVB's strongest centre, a factreflected tn a21% votefor the party in theJune 1989 Euro-elections and its gain of oneseat, occupied by VB deputyleader ,in the EuropeanParliament. This success was founded and consolidated on earlier electionwins in theAntwerp region since 1986, when with 10% there the VB gottwo seats in the Belgiannational parliament, and in 1988 when with a 17,7"/"vote it captured 10 seatsin the Antwerpcity parliament. 2.1.3. Howeverits forwardmarch is by no meanslimited to Antwerpbecause in other Flemish-speakingcentres it registeredincreased support in June.For example, in Ghentit got5,2% and in Mechelen8,6% after running racist campaigns with Moroccan immigrants as the targetfor its anti-immigrationpolicies. 2.1.4. lts centralpolicies are thoseof racismand its mainslogan is 'eigenvolk eerst' ('ourown people first'). The Flemishpeople, the VB believes,are part of thewider German familyand one of its leaders,Member of the BelgianParliament Filip de Winter,has 'Our proclaimedon behalfof the VB: dream is of a greaterNetherlands with around 20 millionpeople'.

2.1.5. Otherareas of activitywith which the VB concernsitself are law and order, abortionand drugs. lt also calls for a Europeanunity free of Russianand American influence. 2.1.6. The VB's rootscan be tracedback to the pre-warfascist movement in Belgium, whichcollaborated politically with the country'snazi occupiersduring the SecondWorld War. 2.1.7. While the VB is a legally-constitutedpolitical paü with three membersof parliamentand one Euro-MP,it does have linkswith the violentVoorpost (Vanguard) organizationand its membershave been involved in attackson politicalopponents.Some membersof both the VB and Voorpostare formermembers of one of Belgium'smost notoriouspost-war fascist organizations, the VlaamseMilitanten Orde (VMO), which was foundedby ex-collaboratorsin 1949and existedright up to the early1980s when it was outlawedfor its violentactions. 2.1.8. Beforebeing made illegal, the VMOwas connectedwith fascist terror organiza- tions across the entire continentincluding the Turkish Grey Wolves, the French 20 CHAPTER2 organizationFANE, the ltalianOrdine Nuovo and loyalistparamilitary groups in Nodhern lreland. 2.1.9. The VMO's terror links came to light accidentallyin a trial in Britain of 14 membersof the ProtestantUlster Volunteer Force (UVF) some yearsago. In court evidencerevealed that the VMO had tried to do a secretdeal with the UVF in which, in exchangefor €50 000-worthof firearms,the VMO asked the UVF to launcha bombing campaignagainst Jewish targets in Britain.The UVF refused. 2.1.10. Afterthe stateban on the VMO manyof its membersjoined the VlaamsBlok whileothers chose to remainindependent and to try to reconstitutethe VMO or establish new groups.This has led to the formationof a myriadof extreme-rightgroups, parties and movementsin the Flemishspeaking regions of Belgium.The two mostnotable of these arethe VMO-OdalGroup (Odal being an ancientrunic symbol that is oneof the originsof the )and the NationaalFront Vlaanderen (NFV). 2.1.11. The VM0-Odd Group is led by the veteranneo-nazi .lt was foundedin 1986but later split over the issueof whetherit shouldsupport the Vlaams Blok. The groupthat split off becamethe NFV and is led by Wernervan Steen,who has a convictionfor racialviolence. 2.1.12. BothEroups have wide international contacts and haveorganized international gatheringsin Belgiumtogether. The most importantof thesewere at Antwerpin 1987, Öourtraiin 1988and Alveringhem in 1989.Present at thesemeetings were extremists and neo-nazisfrom Britain,France, the FederalRepublic of Germanyand the Netherlands. These gatheringstook place despiteefforts by the authoritiesto preventthem. 2.1.13. Both groupsatso have a seriousrecord of violencedirected against both migrantsand politicalopponents but are mainlyorganizations of militantswith fewer than 600 membersbetween them and with no electoralpresence. 2.1.14. In the French-speakingparts of Belgiumthe extremeright finds itself divided and lackingin any seriouselectoral expression, having a total of only three elected representatives.Two of thethree sit on thecouncil in Brusselsand the other in Molenbeek. All are membersof the FrontNational, which was established in 1984from a unificationof severalsmaller groups and modelsitself on the FrontNational of Francewith which it has links. 2.1.15. The FN numbersat most1 000rnembers, of whomonly about 250 are active. lt hashowever eclipsed the other main right-exlremist group, the PartidesForces Nouvelles (PFN),which was formedin 1982and largelyconcentrates its effortson tryingto recruit skinheadsand soccer hooligans.Some of its membershave been involvedin street assaultson immigrants. 2.1.16. ldeologicallythe PFN ls influencedvery heavilyby RobertStuekers of the Belgiannew rightwho directspublication of the reviewsVouloir and Orientationsand who in February1990 was a prominentguest at the Londonconlerence of the racistScorpion magazinepublished by the -basedBritish neo-nazi Michael Walker. 2.1.17. A worryingdeveloprnent in Belgiumsince 1988 has been the activityof the I'Assaut(Assault) group, which is composedof formerVMO and PFN membersin the CHAPTER2 21

Brusselsarea, L'Assautalready has a recordof violenceagainst immigrants and triesto fostergood relationswith racist-influencedskinheads. lt also has closeconnections with the Parti NationalistFrangais et Europ6en(PNFE) in France,with skinheadsgrouped aroundthe fanzineLe RebelleBlanc and with the Frenchchapter of the .

2.1.18. Accordingto theworking document of MarijkeVan Hemeldonck,MEP,'only a few studiesof racismhave been carried out' but'theyall showthat racismin Belgiumis very pronounced'.lt has beenargued that the failureof the extremeright to capitalizeon this situationis partlyattributable to the linguisticdivide between the Flemishand French speakingcommunities. Nevertheless the potentialdangers have been highlighted by the surgeof supportfor the VlaamsBlok.

2.2. Denmark

2.2.1. In Denmarkthe main neo-nazigroup is the DanskNasjonal Socjalistisk Bund {DNSB),led by the 3O-year-oldschoolteaeher Poul Riis-Knudsen, who doubles as headof the World Union of NationalSocialists (WUNS) with a broad range of international contacts.

2.2.2. In 1988Riis-Knudsen, who claims that more than 1 000members in eightDanish citiesbelong to his organization,pronnised that his partywould field candidates in local electionsin Oopenhagenand Aalborg.These would have been the first openlyfascist candidatesto contestelections in Denmarksince before the SecondWorld War. This did not materializeand may havebeen a tacticdesigned to win publicity. 't989 2.2.3. Certainlythe DNSBwas successfulin thisquest in April whenit won wide media attentionfor its repeateddeclarations that it would commemoratethe 100th anniversaryof l-iltler'sbirth and for its statementsthat amongthose invitedto the event wouldbe the Gerrnanneo-nazi leader, F*{ichael Kühnen.

2.2.4. The EN$B not only has contactwith Kühnen but is also connectedwith ex-AuschwitzSS man Thies Christophersen,the author of the infamousbook, The AuschwitzLr'e, who fled to Denmarkto eseapepossible arrest by the GerrnanFederal authorities.Chrlstophersen, though elderly, has exercisedan importantinfluence on the DNSB and has been instrumentalin ensuringthat it does not deviatefrom the nazi ideology.Thus the DNSB'sprogramme is openlynaziand promotes a Denmarkpurged of immigrants,the deathpenalty for anyonepassing on AIDS, labourcamps for political opponentsand compulsorysterilization for non-whiteadopted children.

2.2.5. WhenRiis-Knudsen proclaimed these points in a televisedcir:cumentary film, he causedwidespread shock in Nonruayand Swedenwhere the programrnewas screened (itwas banned in Denrnark).Some Danish politicians,like former Communications MinisterArne Melchior,have since urged that Danishlaw be fullyapplied to the DNSB.

2.2.6" The DNSBhas now beenrestructured into a cadreorEanization with tfiree tiers of membership,according to thedegree of commitmentshown by individualmembers and suppofters. 22 CHAPTER2

2.2.7. Despiteits publicity-seeking activities, the DNSBexercises little real influence on the politicalscene. The same can be said of the groupsof Greenjackets(a youth group whichtakes its namefrom the Americanairforce style jackets its memberswear)who have carriedout seriousstreet assaults, including attempted murder, against immigrants. 2.2.8. Of far moreconcern to thosewho workclosely with immigrants and refugeesis the Fremskridtspartiet(Progress Party) led by MogensGlistrup. In his workingdocument 'Generally Ejner Christiansendescribed the Fremskridtspartietin the followingterms: speaking,this partyhas madehatred of aliensas importanta partof its partymanifesto as the hatredof the tax systemwhich originally swept the partyinto the DanishParliament in 1973 with nearlytwice as many votes as the party now obtains'.The current level of popularsupport for the partystands at around10o/o, d figurethat correspondsclosely with the percentageof Danish people who have decidedly negative attitudes towards foreignersresident in the country. 2.2.9. Sincethe lasttwo majorintakes of refugeesin 1985and 1986,racist attitudes appearto have hardened(46% believingthat Denmarkaccepts too many refugees)and this has been accompaniedby a rising incidenceof racist assaultsand abuse and a mushroomingof racist groups,including the Citizens'List, Stop lmmigration,which obtained5 868 votes in Copenhagen,Odense, Aalborg and Frederiksbergin the 1989 localelections. The Citizens'List claimsto take the GermanRepublikaner Partei as its modeland stylesitself a Danishnationalist party. 2.2.10. Some of the organization'sleaders have connectionswith the Fremskridts- partiet,the culturalDanish Association and the DNSB.More recently, in March1990 an attemptwas made to bringtogether the various anti-immigration groups under an umbrella organizationcalled the People'sMovement against lmmigration. However this foundered whenthe town council in Fredericiamade it clearthat it didnot want such a gatheringin the town and the hotelwhich was to hostthe foundingmeeting cancelled the booking. 2.2.11. The generalview of observersin Denmarkis that in the lastfew yearsracism has becomea more seriousand pressingproblem and conditionsare becomingmore favourablefor a growthof the extremeright.

2.3. Federal Republic of Germany 2.3.1. Between1985 when the EvrigenisReport was publishedand the end of 1988 extreme-rightorganizations in West Germanymade little visible progress, but at the start of 1989 the situationchanged rapidlywith electionbreakthroughs in West , Frankfurt,Cologne, Stuttgart and Düsseldorfand othermajor cities at municipallevel and also in the 18 June 1989elections to the EuropeanParliament. 2.3.2. The processbegan at the end of Januarywhen the Republikaner(REP), led by Franz Schönhuber,from a base of fewer than 300 membersin the city, polled 90 000 votesin West Berlinand won 11 seatsin the city parliament.Only two monthslater this processwas furtheredin Frankfurtwhen the REP's neo-fascistrival, the Nationaldemo- kratischePartei Deutschlands (NPD), gained seven seats in the city parliamentand re-establisheda presencethere for the firsttime sincethe late 1960s. CHAPTER2 23

2.3.3. By June 1989 the mountingelectoral support for extreme-rightparties was demonstratedto be a new social and politicaltendency in the EuropeanParliament electionsin whichthe REP got over two millionvotes and six seatsin Strasbourg.The combinedvote for the wholeWest German extreme right in thatelection added up to more than2 655 000 and indicatedthe extentof the rightwardsshift in West Germanpolitics, 2.3.4. Finally in later electionsin the West German provincesof North Westphaliaand Baden-Württembergthe REP piled up impressivevotes and saw its candidateselected in a wholeseries of majorcities: Cologne, Düsseldorf, Gelsenkirchen, Stuttgart,Mannheim and Karlsruhe. 2.3.5. These successesof the REP have providedit with immenseresources with which to pursueits racistand anti-foreignercampaigns. From FederalGerman funds aloneit receivedalmost DM 16 millionand its membershipof the Groupof the European Right in the EuropeanParliament gives it accessto additionalfunds. 2.3.6. Thismoney will be putto effectiveuse by the REP,whose grasp of propaganda techniqueshas so far beenrevealed as veryskilful. During its election campaign in Berlin and for the EuropeanParliament the REP'sability to popularizeits ideaswas put to striking effect with highly professionaltelevision spots. The ideas transmitted- for a strong Germany,for reunificationwithin Germany's pre-Second World War frontiers,for nationat self-determinationand spiritualand moralrenewal and aboveall for tightercontrols over foreigners- toucheddeep chordswithin the West Germanpopulation. 2.3.7. In his workingdocument Willi Rothley advanced an explanationfor the extreme ''selection successes: trendtowards individualization inherent in the processof modernizingsociety (loosening of tiesto the family,vocation, work and company, church, partiesand tradeunions) has producedincreasing uncertainty and lackof direction.There is growingsusceptibility to politicalplatforms apparently offering security by stressingthe nationalaspect or providingscapegoats (aliens).' 2.3.8. Germanpolitical analysts have rejectedthe view that the re-emergenceof the extremeright is only a protestat the failureof the mainstreampolitical parties, by pointing to a firm baseof supportamong young working class men attracted by the machoimages of strengthand power projectedby the REP. 2.3.9. Detailedstudies of extreme-rightvoting patterns indicate that while the REP drawsthe bulkof its supportfrom disenchanted Christian Democrat (CDU) suppoders, it also finds backingfrom peoplewho previouslyvoted for the Social Democrats(SPD). Other surveys,for exampleone by the SPD-alignedpolice trade union,suggest that supportfor the REPamong policemen is especiallystrong. In Bavaria,for example,more than 50% of policemendeclared support for the REP while in more than 600/"of officersexpressed similar Ioyalties. In additionthe REP now has seriousbacking in the Federal Republic's armed forces with more than 1 000 serving soldiers in party membership.The demandsfor a strongGermany are obviouslypaying dividends. 2.3.10. The tacticsemployed by the REP'sleader, Franz Schönhuber, are robustand win publicity.For example,when he was accusedof anti-semitism,Mr Schönhuber declaredthat althoughhe'liked certainJewish writers and composers,that did not mean he hadto likeMr Galinski'(theleader of WestGermany's tiny Jewish community). Later, in 24 CHAPTER2

'five autumn1989, he statedthat there were occupyingpowers in Germany:the USA,the USSR,France, and ....the CentralGouncil of GermanJews'. 2.3.11. Mr Schönhuberdoes not conceal his wartime record of serviceas a volunteerin theWatfen-SS, an organizationbranded as criminalin the Nurembergtrials of top naziwar criminalsafter the war. ln 1982he publishedhis memoirs of thatperiod in hislife under the title 'lch war dabei'(l was withthem), an actionwhich reportedly resulted in him losinghis positionas a televisionjournalist. 2.3.12. The REP'sideas bear an uncomfortablyclose resemblance to the policiesof Hitler'snazis and proposeamong other things: subordinationof trade unionsto the state; compulsorytraining of girlsfor the rolesof wife and mother; censorship; withholdingsocial security and politicalrights from foreigners. 2.3.13. Theseideas are advocatedpublicly from party publications and platforms,but REP membershave also argued that HIVvirus carriers should have their genitals tattooed and that the now-abandonednuclear power plant at Wackersdorfshould be transformed into a labourcamp for politicalopponents. 2.3.14. In herworking document Claudia Roth stated that'on no otherpoliticaltheme is theresuch consensus among West Germans as on the issueof xenophobiaand racism'. She citeda surveypublished in Der SpiegelinSeptember 1989 which revealed that no fewer than 79% of Germanstook the view that too many foreignerslive in the Federal Republic.The impacton theseattitudes of the momentousevents in East Germanyand the rapidmoves towards German re-unification remains to be seen,but thereis evidence thatthere is alsoprejudice against ethnic German immigrants from Poland, Romania and the USSR.However, paradoxically, the REP alongwith otherextreme-right groups has seizedon the collapseof the GermanDemocratic Republic to spreadpropaganda and establish(iltegal) organizations there. 2.3.15. The REP'smain impact generally though seems to havebeen to pushthe axis of politicaldiscussion in West Germanyto the right,a fact exemplifiedby the presenceof three Federal Republicgovernment ministers on the platformat the Hanoverrally of Germannationalist Silesian exiles in August1989. This causedsome public concern as did the claim by official governmentspokesman that the Waffen-SSwas 'a group of fightingsoldiers who defendedthe fatherland'.Such positionstaken by Germanpoliticians have not diminishedsupport for the REP but ratherhave served to legitimizemany of its ideasin the publicmind. 2.3.16. One notableconsequence of the REP'semergence has beena weakeningof other sectionsof the neo-naziright, not leastthe DeutscheVolksunion (DVU) led by GerhardFrey. Tfre DVU commandslarge resourcesincluding a medium-sizedpress empirewhich enabled it to mailover 24 millionhomes with printed propaganda in theJune 1989European elections. The Europeanelections provided a testingground for the DVU andthe REPand the latteremerged as the clearwinner, leaving it in a strongposition to contestthe 1990Federal elections. CHAPTER2 25

2.3.17. To il|ustratethe dramaticcharacter of the riseof the REPit is wsrthnoting the observationof the EuropeanParliament's report of its Committeeof Inquiryinto the Riseof Racismand Fascismin Europe.The report,issued in December1985, said: 'ln the middle termorganized German right-wing extremism has no chancesin electoralpolitics'. 2.3.18. Although,because of its crashingelectoral breakthroughs, much mediaand publicattention focusses on the REP,this organization is in factonly the tip of a verylarge extreme-righticeberg in . 2.3.19. The DVU in alliancewith the NIPDfielded candidatesin the June 1989 Europeanelections under the title 'Liste D' ...the 'D'standingfor Deutschland(Germany). Althougheclipsed by the heavyREP poll, Liste D stillmanaged to get455 000votes. This exercisecost the DVU morethan DM 18 millionand it will be ableto reclaimmore than DM2,4 millionfrom statefunds. 2.3"20. Liste D's programmediffered little from that of the REP in proposingthe expulsionof foreignersas the answerto West Germany'sjobs and housingcrises" lts appealis directedat thosewho want to give voiceto growinganxiety about the futureby looking outside the establisheddemocratic political framework. Thus its slogans, 'Germany forthe Gere'nans', 'Gernnany first, then Europe' and 'Proud to be German',find a readyhearing among younger people as wellas the oldergeneration who grew up under the influenceof nazi indoctrinationin the ThirdReich. 2.3.21. The mainhandicap of the DVU/NPDalliance is its moreovert neo-nazi image. fts leader,Dr GerhardFrey, is not, unlikethe REP leaderFranz Schönhuber, a former Waffen-SSman, but he controlsa pressempire which publishes an endlessstream of materialseeking to reviseGermany's wartime history and expungenazi war guilt.The flagshipof this empire is the NationaleZeitung, a weekly paper with sales of 120000 copies. 2.3.22. Frey'spapers also concentrate on antisemiticthemes and maintain a relentless hostilitytowards the country'ssmall Jewish popnrlation.ln fact the DVU and NPD sympathizewith denials that ever took place and the DVUon rnorethan one occasionhas prominentlyfeatured the revisionistBritish historian David lrvinE to give weightto such denials, 'objective' 2.3.23. lrving'sbooks, which almost all centreon providingan historyof the nazi regime, are bestsellersin West Germany and even more extreme historical revisionisttexts get a big sale. For example,the book 'The AuschwitzLie' by former AuschwitzSS-man Thies Christophersen (now residentin Denmark)sold over 80 000 copiesdespite being illegal. 2.3.24. The DVU/NPDalliance has a combinedmembership of about27 000 and is particularlystrong in southernGermany and in the poorernorth where in 1987it captured two seatsin the city parliamentin Bremerhaven,a city badlyhit by shipyardclosures. 2.3.25. The DVUand its NPDpartners, who won seatsin the Frankfurtci$ parliament and got 9,3%of the vote in the Baden-Württembergtown of Tuttlingenin October1989, haveboth lost many members who havedefected to the now largerREP (approximately 30 000 members)and form its basic activistcadre. 26 CHAPTER2

2.3.26. Thoughthe DVU/NPDalliance and the REP disclaimlinks with the more terroristically-inclinedgroups like the 1 S0O-strongFreiheitliche Deutsche Arbeiter Partei (FAP)and the SO0-strongNationalistische Front (NF), members of theseorganizations are frequentlyfound stewardingmeetings of both movements. 2.3.27. Insidethe NPDthere are sharpdivisions over how to respondto its REPrivals and there is also a 'neither nor communismbut national revolution'- a factionwhich has liaison with the PoliticalSoldiers of the NationalFront in Britainand acts as an outletfor the writingsof ColonelGadaffi of Libya. 2.3.28. The wholeof ListeD is virulentlyantisemitic, but the NPD is moreforthright in this regard.Already one of its electedrepresentatives in Frankfurt,Erich Gutjahr, has been disqualifiedfrom taking his city parliamentseat aftera publicoutburst in whichhe said: 'The Jewsare robbingus again'andwent on to claim:'The have bought up halfof Frankfurt'.

2.3.29. An additionalside-effect of the generalelectoral progress of the REPis thatto date there is not the slightestchance of unity betweenListe D and the REP becauseof mutualdislike between their leaders. The REP'srise lookslike beingListe D's fall. 2.3.30. The militant,street active, neo-nazi groups like the FAP, the NF and the DeutscheAlternative, which is largelyinspired by several-times-convictedex-Bundeswehr officerMichael Kühnen, have like their French counterparts been overshadowed by the electoralsuccesses of more respectableracists. These groups,noted for their abilityto gatherhuge caches of arms,organize and footballhooligans for assaultson foreignersand Jewishproperty and plant bombsand murderpeople, as in the 1980 MunichBeer Festival attack when they killed 12 people,have been pushed firmly onto the sidelinesby the REP and haveeven urgedtheir members to supportSchönhuber. 2.3.31. Equallymarginalized are the heavily-armedand well organizedso-called militarysports groups like the now-defunctWehrsportgruppe Hoffman, which in the early 1980sgot militarytraining in the Lebanonfrom both the PLO and its enemiesin the ChristianPhalange. The HoffmanGroup's leader, Karl-Heinz Hoffman, who also admires Schönhuber,was recentlyreleased from prisonafter servinga sentencefor serious crimesincluding possession of weapons. 2.3.32. Otherterror groups, which earlier in the decadebombed over 100US military installationsin a bidto causedestabilization, stillexist but have largely gone underground. Somemembers in thesegroups who are wanted by the police, like Walter Kexeland Ulrich Tillman,fled to Englandto be safe-housedby the Britishfascists of the Leagueof St George.

2.3.33. Anotherof Germany'smost wantedneo-nazi terrorists, Odfried Hepp, was arrestedby French police in the Paris apartmentof the French representativeof the PalestineLiberation Fronl, the organizationthat later hi-jackedthe cruiseship Achille Lauro.

2.3.34. Thoughneo-nazi terror is no longereither fashionable or politicallyuseful in the FederalRepublic, this does not meanthat the mostviolent wing of Germanright-wing CHAPTER2 27

extremismhas renouncedits activities.As recentlyas April1989, police raids discovered largequantities of illegally-heldarms in the handsof neo-nazisin Frankfurtand Munden. 2.3.35, Violencetoo continuesand in 'The her workingdocument Claudia Roth remarks: risein the REP'spolitical significance has been paralleled by a risein the numberof violentattacks on foreignersin the FRG'.ln particularviolence has beencarried out and provokedespecially in Hanoverand Göttingen by neo-naziatfiliated groups who havesingled out Turksfor assaults. 2.3.36. Actionby theauthorities can contain this problem. Electoralsuccess embracing millionscannot however be so easilyhandled by policeaction and West Germanynow facesa veryserious problem of right-wingextremist advances, even if electionresults in Saarland,Bavaria and Schleswig-Holsteinin early 1990 point to a downturnin electoral supportfor the REP. 2.3.37. Alreadythe state's constitutionalwatchdog, the Bundesverfassungsschutz securityservice, which monitors both the leftand the right,has charted an increasein the numberof hard-corefascist activists lrom22 000 in 1988to morethan 30000 in 1989. This figurehowever does not includemembers of the REP,which is regardedby the Bundesverfassungsschutzas right radical rather than rightextremist. 2.3.38. The Bundesverfassungsschutzin Bavaria has characterizedthe REP 'unfriendly as to the constitution'and in Hamburghas declared its intentionto placethe REP underobservation, but it remainsa measureof the state'spriorities that its mostrecent report(for 1988)devoted 142 pages to leftextremism and only42 pagesto the extreme right.

2.4. Greece 2.4.1. In recentyears there has beena numberol lar rightgroups which, apart from their activitiesagainst Jews, gypsiesand Moslems,have also participatedin acts of economicsabotage in an attemptto destabilizethe former socialistgovernment. In particularthe Fourth of August Movementhas burned down forests.The Ceniaio EthnikistikoKinema (ENEK) had linkswith the Leagueof St Georgein Britain. 2.4.2. Sincethe mid-1980sthe extreme-right political party, the GreekNational Political Society(EPEN) has seenits fortunesrecede to the pointwhere it has lostits one seatin the EuropeanParliament and in the 1990elections polled less than 1% ol the vote.

2.5. France 2.5.1. The resurgenceof the extremeright in Francecan be effectivelycharted from 1984when, against expectations, the FrontNational (FN) gained 10 seatsin electionsto the EuropeanParliament. Although the 10,97ovote for the anti-immigrationFN was viewedas a protestphenomenon, its progresswas laterconfirmed in March1986 when it won more lhan 2,7 millionvotes in the electionsto the FrenchNational Assembly and secured35 seats. 28 CHAPTER2

2.5.2. The first roundof the FrenchPresidential elections in April 1988saw the FN's supportfurther consolidatedwhen, runningagainst SocialistPresident Mitterrand, the FN's candidateand leaderJean-Marie Le Pen gained 14,4o/oof the vote and caused profoundshock throughout France. The percentagemay have maskedthe real scale of supportfor the FN. Analyzingthe votes cast, the measureof the FN's successcan be estimated.Le Pen's total vote of 4 367 926 indicatedthat his party'sconcentration on anti-immigrantthemes had gainedground among French people. 2.5.3. The Le Pen vote went right acrossthe entire Frenchsocial and geographical spectrumand suggestedthat largesections of the Frenchpublic were willingto identify with the FN policyof demandingthe removalof France'slarge immigrantpopulation. 2.5.4. Briefexamination ol the extreme-rightvote in the April 1988election highlights thisclearly. An articlein Le Mondeol27 April1988 shows that Le Pensecured the votes of: 31oloof smallbusiness owners; 21o/oof professionalpeople (doctors, lawyers, etc.); 21o/oof shop workers; 19%of unemployedpeople; 18% of farmers/agriculturalworkers; 16% of factoryworkers. 2.5.5. With this broad social cross sectionof supportthe FN establisheditself as a fixture in Frenchpolitics. Despite so!"ne setbacks stemming from adversepublicity, the lossof someelectoral support and the deathof its depu$ leader,Jean-Pierre Stirbois, the signs are that the FN has recoveredand consolidateda hard-coreelectoral base. This was reflectedin the June 1989 electionsto the EuropeanParliament when, despitea recordlevelof abstentions, the FN won 10 seats,polled more than two millionvotes and pushedup its percentageshare to 11,3%. 2.5.6. Laterin November1989 the FN's candidateswon votes of 61% and 47o/"in Dreuxand Marseillesrespectively in parliamentaryby-elections, securing the electionof Mr Stirbois'swidow, Marie-FranceStirbois, to the FrenchNational Assembly, only the secondFN memberis be eiectedsince the votingsystem was changedin 1988. 2.5.7. In partmuch of this recoverycan be attributedtothe FN'spowerfulorganizational machine and massive resourceswhich enable it to run heavy-weightand relentless propagandacampaigns againsi immigration, foreigners and what Le Pen calls Maxism and the lslamicizationof France. 2.5.8. The resourcesof the FN include: 100000 members; 200 000 sympathizers; a sympatheticdaily paper, Prdsent,with a circulationol 100000; its own weekly, NationalHebdo, with 20G000 readers; influencein the police,the judiciaryand the armedforces; CHAPTER2 29

842 electedrepresentatives at local level; a growingfollowing in the universitiesand academiccircles fostered by intellectuals likeAlain de Benoistand the far-rightthink-tank, GRECE (Groupement de Recherche et d'Etudespour la CivilisationEurop6enne). 2.5.9. The size and scale of the FN's organizationand activitiesgive the party considerablestrength, especially in the southof Francewhere in Perpignan,for example, it takes almost30% of the vote and in Marseilleswhere it alwayspolls heavily. 2.5.10. But it is notjust in the souththat the FN is strong.In the depressedsteel and coal regionsof northernand easternFrance, regions suffering all the pain broughtabout by slowde-industrialization, it challenges the decliningPartiCommuniste Frangais (PCF) for the workingclass vote. This challengeeven extendsinto the historicheartland of Frenchcommunism, Seine-St Denis in the red belt aroundParis. There the FN has twice won more votes than the PCF from workingpeople who are disillusionedwith the left. 2.5.11. By presentingitself as the voiceof the workingman against big capitalon the one hand and red manipulationon the other, the FN has had a potent effect. The desperatecrisis of the badly-dividedFrench trade unionmovement, to whichonly 20% of workers now belong, has helped the fascists to penetrate deeply into the most disadvantagedsocial layers, 2.5.'12. At the sametime a legacyof what were racistand nationalistpolicies, such as the bulldozingof an immigrantworkers' hostel in Vitry, pursuedby the PCF in the late 1970sand early1980s, has foundan outletnow in the FN. Racismhas seducedmany people in Franceand is there in abundance,notwithstanding the effortsof numerous anti-racistmovements such as SOS-Racismeand FrancePlus. ln realityit seems that such movementshave not significantlydented support for the FN whosepolitics centre on existingracism against North Africans, black peopleand from time to time Jews. 2.5.13. Apartfrom outbursts of ,Le Pen andthe FN constantlyclaim that Franceis in acute dangerof becomingan lslamicnation and that the real immigration figuresare concealed.They advocate that foreigners, particularly Muslim ones, should be encouragedto leave. 2.5.14. The orthodoxconservative reaction to the consolidationof the FN has been mixed.Many politicianslike SimoneVeil, herselfa naziconcentratioa'l camp victim,have condemnedthe FN, but at local level, especiallyin the south of France,the traditionai conseruativeparties, the RPRand the UDF,have often made infornnalelectoral pacts with the FN to guaranteethe electionof conseryativecandidates. Such deals, plus its abilityto getits members elected and even win controlof localadministrations -the partycurrently controls30 town councils- have enabledthe FN to becomethe vehiclefor the French extremeright's biggest post-war successes and have led to its legitimization. 2.5.15. This processof acceptanceof the FN as part of the politicalframework in Francehas marginalizedthe more hard-lineneo-nazi groups like the Parti Nationaliste Frangaiset Europöen(PNFE), which vegetateon the edge of leqality.These groups commandlittle influence.However police action againstthe PtrlFEat the end of 1989 indicatedits propensityfor violencewhen 18 of its memberswere arrestedin connection 30 CHAPTER2 withan attackon an immigrants'hostel in Nicein whichone personwas killedand twelve peopleseverely injured. Among those held was SergeLecanu, the generalsecretary of the extreme-rightpolice trade union, FPIP, to which7o/o of Frenchpolice officers belong. 2.5.16. The PNFEis closelyconnected with groups elsewhere in Europe,especially in Belgium,West Germany and Great Britain. lt participatedat gatheringsin 1988in Belgium attendedby membersof the BritishNational Party, supporters of the bannedBelgian VlaamseMilitanten Orde (VMO)and West Germanneo-nazis.

2.5.17. lts journal, TribuneNationaliste, openly promotesthe organization'sideas: 'a strongand hierarchicalNew Order,based on the nationalistideal, social justice and racialawareness'. 2.5.18. Severalorganizations carry out propagandafor similarideas and compete, for example,for the supportof the growingskinhead sub-culture. One such group is the FaisceauxNationalistes Europdennes (FNE), the successororganization to the F6d6ra- tion d'ActionNationale et Europ6enne(FANE), whose leader;Marc Frederiksen,was involvedin terroristactivities, The FNE continuesits monthlypublication, Notre Europe Combattanfe,and in April 1989 organizeda meetingin Metz to commemoratethe centenaryof the birthof AdolfHitler. 2.5.19. Othergroups that still have a publicprofile include Troisiöme Voie with its journaf Jeune Solidariste,which is racist and antisemiticin content,and a youth movement,the JeunesseNationaliste Revolutionnaire, which is activeamong skinheads who have been responsiblefor violentonslaughts in Lille, Brest and Rouenagainst homosexualsand . lt haslinks with other groups in WestGermany, particularlythe NationalistischeFront. 2.5.20. Thesegroups and others,like the now semi-defunctGroupe Union D6fense, have small numbersof followersin comparisonwith the FN and feud bitterlyamong themselves.lnterestingly, while some like the Parti NationalisteFrangais advise their followersto vote for the FN, othersoppose such a stance. 2.5.21. All havea provencapacity for violence.This extends as far as the FN itselfand can be cataloguedfrom the numerousracist crimes committed against North Africans, blackpeople and Jews that have come before French courts. There is alsorandom racist violencewhich in March1990led to a wholeseries of incidentsin whichimmigrants were attackedand in threecases killed. 2.5.22. ldeologicallythe wholeof the extremeright spectrum in Francecontinues to drawsustenance from the newright, especially from GRECE, which publishes the journal Elömentsand emphasizesa racistview of history.This outlookfinds an echo in the activitiesof the historicalrevisionists whose driving forces are PaulRassinier, Professor RobertFaurisson and HenryRoques, who haveall writtenextensively in pursuitof the claimthat the naziHolocaust never took place. ln November1989 Faurisson took part in an internationalassembly of revisionistsin Haguenautogether with the West German neo-naziUlo Welendy and the Britishhistorian David lrving. lt shouldbe noted,however, that in 1986the UniversitiesMinister, Mr Devaquet,blocked the awardof a degreefor Mr Roques'sthesis. More recentlya prominentFrench revisionist, Alain Guionnet, was CHAPTER2 31 arrestedafter being caught by policewhile pasting up wallstickers denying the existence of the nazigas chambers.

2.5.23. The extreme right in France presentsa diffusepicture but certainclear characteristicsare visible:antisemitism (Le Pen currentlyfaces prosecutionfor his remarkscontaining a slur on the name of the Jewishformer government minister Mr Durafour);racism and a beliefthat France'sproblems can be solvedby expellingthe country'sfour millionimmigrants; and hostilityto homosexualsand abortionrights. 2.5.24. lt is also highlyflexible, as is shown by its increasingpreoccupation with economicand greenissues and, in the caseof the FN, in its abilityto usethe media,for example over the issue of the rights of lslamic girl studentsto wear traditional head-scarvesin Frenchschools. 2.5.25. For its ideasand programmeit retainsthe supportof 31% of peoplewho, accordingto a surveyby the respectedSOFRES polling organization, say they agree with statementsby Le Pen on immigration.This same trend has been confirmedby the lnformationand DocumentationService of the FrenchPrime Minister, Michel Rocard, whichfound in itsown survey that 76% of Frenchpeople think there are too manyArabs in France,46% too many blacks and24/o too manyJews. 2.5.26. Althoughthere are obvious paradoxes in thatother surveys indicate that 51% of peoplebelieve that immigrantsare victimsof scandalousracism on the part of many Frenchpeople, the situationand the way in which the extremeright uses it to profit politicallycontinues to giverise to seriousconcern, exemplified in the establishmentof a NationalConsultative Committee on HumanRights.

2.6. lreland

2.6.1. Althoughthe persistenceof certainforms of racialprejudice, intolerance and xenophobiain a significantminorig of the lrish populationhas been documentedin a recentstudy by the anti-racistgroup Harmony, the countryhas a very smallnumber of immigrantsand refugees,and racistsentiments tend to be directedagainst the native Gypsy or travellercommunity. In any event such attitudesare very rarelyexpressed in publicdiscourse and almost never within the politicalmainstream. The principalexception concernsthe veryfew neo-nazigroupings in the country,none of whichhas morethan a couple of dozen adherents,These groups have undergonea bewilderingseries of changesin name and leadershipin recentyears and there would appearto be no immediateprospect of themcoalescing or otherwisedeveloping into a significantpolitical movement.

2.6.2. The NationalSocialist lrish Workers' Party (NSIWP), a stronglyantisemitic white supremacistorganization, was activemainly in Dublinfrom the early1970s until the late 1980s.The NSIWPsplit in the mid-1970s,with one faction,allied with a Britishracist group,calling itself the NSIWPNSPUK. Both sections made contact with foreignracist groupsand dealt extensively in racistliterature, taking advantage of theabsence in lreland at thattime of legislation(since enacted) against incitement to racialhatred. Both factions producedmagazines and stickers abusing Jews, black people and travellers. The NSIWP 32 CHAPTER2 appearsto have ceased to exist in its originalform, although its propagandais still oböasionallyseen around the capitaland severalof its membersremain actlve in racistor extremeright wing .A numberof its leadingactivists have served in the lrisharmed forces. 2.6.3. John Kane,the last knownleader of the NSIWP,which in line with lts strongly nationalistphilosophy sought to organizeon an all-lrelandbasis, lives in Northernlreland. Followingthe failuiein tg8Z-egof his attemptto establisha racistNationalWorkers' Party he was ässociatedin 1989 with a factionol the BritishNational Front. 2.6.4. Late in 1986a more sophisticatedwhite supremacist organization, the Social Actionlnitiative (SAl), arose underthe leadership of a seamanin the lrishNavy from Cork. The SAt produceda journalespousing pan-Celtic ideas and madecontact with a number of UK andother racist groupings, but it probablyhad fewer than 10 memberswhen it was disbandedin 1988after an investigationby the NavalService. 2.6.5. The NationalSocialist Party (NSP) arose around 1987 as a semi-autonomous sectionof the NSIWPand was basedin the cityof Kilkenny.When the NSIWPbecame leaderlessaround 1988 the NSP was for a time the only organizedracist party in the Republic,but its propaganda.activitywas minimaland rathercrude. 2.6.6. A groupof perhaps20 racistyouths from the Cork area and nearbyKinsale, some of whöm had been associatedwith the SAI or with a short-livedNational Socialist Paü of lreland,later came together under the leadershipof an Englishimmigrant-to form racistgroup, usuältycalled the World SS. This body becamein effect the a uniformed 'Führer' paramilitarywing oflhe'NSP, whose leader it recognizedas of the lrishnational socialistmovement. 2.6.7. The'Führer' of the NSPand World SS hada crisisof consciencein late1989 and rejectedthe movement.lt has sought to regroup under the Cork SS leader as the InternationalSS Movementbut has had littleor no success. 2.6.8. Amongother very smallpolitical formations arc a few that have right-wingor ultra-nationalistorientations including elements of racismor xenophobia.There are occasionalreports of racistviolence and slogandaubing by streetgangs in Dublinand a numberof known instancesof intimidation,harassment, violence and discrimination againsttravellers by elementsin the settledcommunities.

2.7. ltaly 2.7.1. ltalyis oneof thefew European countries in whichright-wing extremism was able to maintaina continuousparliamentary presence in the post-warperiod. This was achievedby the MovimentoSociale ltaliano (MSl), which now appears to be a diminishing force. 2.7.2. In the 1989Euro-elections the MSIsaw its nationwidevote go downfrom 6,5% to 5,5"/o.As a result it lost one of its five seats in the EuropeanParliament and faces difficulties. CHAPTER2 33

2.7.3. Manyof the MSI'sproblems stem from the death in 1988of itslong-time leader and former Mussoliniminister, .Almirante's demise provokeda leadershipstruggle within the MSIwhich, despite its claims to parliamentaryrespectability, has alwayshad a ceilainconnection with violence.For example,the recentlyreleased MassimoAbbatangelo, who was accusedof involvementin the 1985 bombingof an expresstrain near Florence in which17 peoplewere killed and more than 200 injured, has just becomean MSI memberof the ltalianParliament.

2.7.4. LikeAbbatangelo, most of ltaly'snotorious right-wing terrorists started in the MSI beforemoving on to such groupsas OrdineNuovo and the NucleiArmati Rivoluzionari (NAR),which bombed Bologna railway station in August1980 killing 86 people.

2.7.5. The MSI todayis in crisis.lts paper,ll Secolod'ltalia, sells only 30 000 copies and does not appear regularly,whereas formerly it was a daily. Also the MSI's membershiphas fallenfrom more than one millionin the 1960sto around350 000. Becauseits new leader,Giancarlo Fini, lacked Almirante's charisma and was unableto unitethe partybehind him, he has been replacedby PinoRauti.

2.7.6. Rautithinks the party must find a 'thirdway' by re-orientatingitself to green politicsand focussingon socialissues and conditions.He has beenespecially critical of the MSI'sconnection with the FrenchFront National because of its racism.

2.7.7. ltalianfascism's main pre-occupationhas alwaysbeen anti-communismand Rautiwants to finda roadto thosewho feel that the Communistsand Christian Democrats havedisappointed them. Nevertheless the lastfive years have seen the adoptionby the MSI of a more racist,xenophobic style with demandsfor ltalianjobs for ltalianworkers.

2.7.8. How far this processwill advanceis not yet clearbut ltaly,a countryhitherto regardedas not havinga racistproblem, has sincethe beginningof 1990seen racism erupt with a spate of racistattacks and graffitiin Florencein particular.The violence precipitateda majorcrisis in thecity, resulting in the resignationof the mayorafter at histoughening of measuresagainst immigrant street traders. lt alsosparked off a wave of racistattacks, including arson, in otherltalian cities with incidents reported in Caserta, Catania,Livorno, Matera, , Rome, Varese and Turin.The main objectsof these assaultswere Africans from Senegaland the lvoryCoast and Moroccans.

2.7.9. Racistliterature has also begun to spreadon a largescale for the firsttime. For examplein Trentothe Partitoautonomista (Autonomous Party) published a pamphlet againstmigrants from the ThirdWorld, accusing them of carryingAIDS and drugsand beinga sourceof insecurityand criminality.

2.7.10. ln Milanleaflets with and signed'AryanOrder'appeared in March 1990threatening Africans and Jews, while the Archbishop of Ravennaissued a statement warningthat Europe is beinglslamicized and suggesting that it is impossiblefor peopleof differentculture, religion and raceto live together,

2.7.11. Opinionpolls have also tended to highlightthe growing racist trend, with 51% in one poll sayingthat the influxof foreignersshould not be encouraged. 34 CHAPTER2

2.8. Luxembourg

2.8.1. Luxembourg,the smallestcountry in the EuropeanCommunity, is notone noted for racialtensions or extremeright organizations. However this does not meanthat these are absent.Quite the contrary,because in a countrywith a populationof only 377000 thereare at leastsix discerniblyextreme-right organizations.

2.8.2. Two of these,Nouvel Acropole and the CercleLuxembourgeois des Amisde la Revue El6ments,are pseudo-academicassociations and maintaina very low public profile.Nouvel Acropole was described by MichelNeyens (Policy Adviser to the Ministryof the Familyand SocialSolidarity of the GrandDuchy of Luxembourg)as an extremely hierarchicaland paramilitaryorganization whose members are in favourof an aristocratic totalitarianregime. The Cercle Luxembourgeois des Amis de la RevueElÖments is closely alliedto the Frenchneo-fascist group GRECE.

2.8.3, The otherorganizations are moreactive. They are: Greng National Bewegung, EisleckerFreiheetsbewegung, Lötzeburg de Lötzeburgerand the LötzeburgerPartei.

2.8.4. In the electionsto the EuropeanParliament on 18 June 1989,Lätzeburg de Lötzeburger,whose members number only a few hundred,obtained only 2,19'/"lor its list of candidates.The other partiesstood in electionsto the LuxembourgChamber of Deputieson the samedate but failedto securethe electionof any of theircandidates.

2.8.5. üf all the partiesand groups the mostrecently formed is the LötzeburgerPartei, which has links with the NationalFront in Britain.Founded in November1989, its self-declaredaims includeworking together with nationalistforces throughout Europe, reducingthe numberof foreignersliving in Luxembourg,establishing the deathpenalty and buildinga'Europe of nations'.

2.8.6. As to activities,these groups have all campaignedagainst the presenceof foreignersand haveopposed any stepstowards granting foreigners the rightto vote.The havealso widely circulated stickers bearing the slogan'lam proudto be a Luxemburger'.

2.8.7. Althoughthere have been sporadic incidents of racistaction like the daubingof roadsignswith racist slogansand the scrawlingof antisemiticinsults in the Jewish cemetery(both in 1988),there is no evidenceat the momentto linkthese acts directly with the assortmentof nationalistgroups.

2.8,8. One positivefeature of the situationis that when nationalistand extreme-right tendenciesbegan to appearin the late1980s, the traditional political parties signed a joint declarationto establishan anti-racistand anti-xenophobiaconsensus, CHAPTER2 35

2.9. The Netherlands

2.9.1. Thefar rightin the Netherlandshas enjoyed a partialrevival slnce the autumn of 1989when, after an intervalof threeyears, it won a seatin the DutchParliament with the electionof HansJanmaat, leader of the Centrumdemokraten(CD), a partywhose leaders havebeen convicted on severaloccasions for racism.

2.9.2. In comparisonwith similar organizations in Franceand West Germany, the CD is smallwith a totalmembership of just over 1 000,of whomonly 100 are active.However despiteits smallsize the CD hasseats in 11town councils, following municipalelections in March 1990 in whichextreme-right parties made their biggestbreakthrough since the SecondWorld War.

2.9.3. The CD has rivalson the far rightincluding Centrum Partij 86, whichis all that remainsof the CentrumPartij formerly led by Janmaat,Centrum 86 proclaimsitself nationaldemocratic and it is racistand antisemitic.lt too is representedat municipal councillevel with four membersin variouslocalities. Centrum 86 worksclosely with the GermanNPD, but is smalland estimatedto haveonly about75 members.

2.9.4. Thereare threemore open neo-nazi groups in Holland:the JongerenFront, the ActiefrontNationaal-Socialisten and the Consortiumde Levensboom.

2.9.5. TheJongeren Front is a smallbut highlyactive neo-nazi group about S0-strong. Itsleader, Stewart Mordaunt, is alsoa memberof CentrumPartie 86 andis a citycouncillor in The Hague.Members of thisgroup have been regularly convicted for racismand illegal possessionof armsand they promotetheir racist policies among skinheads and soccer hooligans.In additionthe organization is closelylinked to the internationalneo-nazi group, Euro-Ring(see below).

2.9.6. The ActiefrontNationaal Socialisten (ANS) is the Dutch wing of the banned Germanorganization ANS and is small but violent.One of its leaders,Eite Homann, functionsas an occasionalbodyguard for German neo-naziMichael Kühnen, while another,Et Wolsink,is closelylinked to the violentneo-nazi . Both men werearrested in November1989 in a raidon the homeof an ANSmember in Purmerendin whichdrugs, firearms and naziliterature were seized. One of the six peoplearrested has sincebeen elected to the town councilin Purmerend.

2.9.7. Theother neo-nazi group, the Consortium de Levensboom,is morea sectthan a politicalparty. Consisting largely of elderlypeople, its leaderis FlorieRost van Tonningen, the widowof one of the leadingDutch collaborators with the nazisduring the war,who is internationallyrespected in neo-nazicircles.Mrs van Tonningen has been prosecuted and convictedseveral times for publishingantisemitic books and leaflets.In 1985 the organizationhad 450 membersbut sincethen it has diminished.

2.9.8. In the Netherlandsethnic minorities form only 5o/o ol the populationand thereis evidenceof discriminationinjobs and housing. Popular racism is reportedto be increasing and the successof racistparties in localelections tends to confirmthis. 36 CHAPTER2

2.10. Portugal

2.10.1. Despite,or possiblybecause of , itslong history of quasi-fascistgovernment and colonialism,racist and xenophobicmovements have had little influenceor electoral sigrrificancein Portugalsince the democraticcoup of 1974.There are, however,many Portugueseresidents of Africanor Chineseorigin or descentand they have been the targetof racistpropaganda and abuse from a numberof fringepolitical groupings and from unorganizedhooligan elements, notably skinheads professing .

zi}"2. A youth-orientedwhite supremacist group, the ClrculoEuropeu de Amigosde Europa(CEDADE-Portugal, European Circle of Friendsof Europe),was formedaround 1980as an affiliateof the Spanishnazi group CEDADE. lt haspublication exchanges and othercontacts with that group and other racist formations in Spain,France and elsewhere. Strongestaround Oporto, it espousestraditional Hitlerite beliefs and has a paramilitary structurebut a smallmembership, probably in the low hundreds.

2.10.3. The MovimentoAcqäo Nacional (National Action Movement), an authoritarian groupingwith ultra-nationalistand xenophobictendencies, draws much of its inspiration fromnostalgia for the Salazarera. lt hasaligned itself with racist and ultra-rightgroupings in other EC countries,including the UK NationalFront, Parti des ForcesNouvelles in Belgium,the Spanish Falange and Bases Autönomas, and the French grouping Troisiöme Voie.

2.10.4. Otherantisemitic, white supremacist and fascistic organizations active in recent years,often in closecooperation with CEDADE-Portugal,have includedthe Mocidade Patriötica(Patriotic Youth, based in Amadora),the CirculosNacionalistas (Nationalist Circles),Ordem Nova (New Order,Lisbon) and the UniäoNacional (, Lisbon and Oporto).The compositionof the racist fringe in Portuguesepolitics is somewhatfluid and othersmall groups (such as the MovimentoNacionalista, Nationalist Movernent,and AcAäoNacional Popular, an attemptedrevival of the pre-1974ruling PopularNational Action movement) appear to havebecome defunct.

2.10.5. Noneof thesemovements has achieved a significantmembership or electoral following;indeed of allthe Portugueseparties of the radicalright, it is onlythe leastovertly racistof them,the monarchistmovement, which has managedto retainan electoral supportabove 2%, Severalracist groups have, however, developed international links throughpublication exchanges and attendanceat internationalrallies.

2.10.6. The variouspolitical organizations are supportedby a numberof magazines and publishinghouses advancing racist or xenophobicviews, often within the contextof extremeright-wing ideology. CHAPTER2 37

2.11. Spain 2.11.1. In Spain,as in lreland,the largestethnic group to sufferracial discrimination and harassmentis the nativegypsy population, numbering about 300 000. Occasional violentattacks on gypsycamps have, however, tended to ariselocally and withoutthe involvementof politicalmovements. Other communities suffering racism and xenophobia includePortuguese and Moroccanworkers in seasonalor permanentlow-paid, low-status employment,and the Jewishcornmunity. 2.11.2. Racismis nota majorfeature of Spanishpolitical life. The extreme right - that endof the politicalspectrum where racism and xenophobiaare mostoften found - is no fongera massmovement, with barely1% of the electorate,Parties within it (suchas the FrenteNacional and SolidaridadEspafrola) tend to focus on nostalgiafor the Franco dictatorshipand opposition to liberalization,democracy and abortion rather than on racial concerns.That is notto say,of course,that individuals within such par.ties do nol have,or do not express,racist and antisemiticattitudes; and someparties (such as the Falange 'Manifesto Espafrola,a signatoryof the of the EuropeanNation', and the FrenteNacional, linkedwith Le Pen)have active contacts with foreign groupings of an overtlyracist nature. Sirnilarly,although supporters of the variousmovements in favourof, or against,regional autonomyor independencemay hold or expressviews in respectof theirco-nationals whichcan be equatedto racialprejudice, they fall outside the scopeof the presentstudy. 2.11.3. Nationalsocialist organizations in Spain espousingwhite supremacistand anti-Jewishideas include the CfrculoEspaflol de Amigosde Europa(CEDADE, Spanish Circleof Friendsof Europe).Based in Barcelona,CEDADE is oneof theoldest (formed in 1965),largest (possibly 1 500members) and most active neo-nazi groupings in theEC. lt is of particularinterest because of its policy of forging extensivelinks with racist organizationsin othercountries - thereare in factseveral groupings in Portugal,France andelsewhere which are explicitly modelled on CEDADEand bear similar names - and alsobecause it wasone of thefirst racist organizations to adoptthe rhetoricand concerns of the ecologistmovement in orderto finda newvehicle for racistand xenophobic theory. In the Europeancontext this is expressedin termsof a'Europeof the peoples',that is a confederationof ethnic or linguisticstatelets rather than the present nationalities, CEDADE,which produces explicitly Hitlerite propaganda, has uniformedparamilitary sectionsin manySpanish cities and numerousassociated or frontgroups, including a youth wing calledthe JuventudesNacional-Revolucionarias (National-Revolutionary Youth). 2.11.4. Otherracist and xenophobicgroups on the nazi fringeinclude the Centro UnitarioNacional Socialista (National Socialist Unity Centre), formed in Barcelonain 1984 as an offshootof CEDADEwith a particularbrief to promoteinternational liaison among whitesupremacists. The Centreappears to be a serviceunit ratherthan a membership organization.There are alsoa numberof independentjournals and publishinghouses advocatingor providinga platformfor racist ideas, such as antisemiticconspiracy theories,in the contextof Francoist,neo-nazi or Catholicfundamentalist beliefs. 2.11.5. The Spanishenclaves of Ceutaand Melillain NorthAfrica have witnessed someracist agitation by localgroupings opposed to thegranting of Spanishcitizenship to the Arabresidents. 38 CHAPTER2

2.12. UnitedKingdom 2.12.1. Britainstill has an intolerablyhigh level of racialharassment and violence.For the most part it is directedat Asianmembers of the communityand to a lesserextent at Afro-Caribbeans.In the lasttwelve months, however, there is strongevidence, not only in Britainbut alsointernationally, of a risingtide of antisemitism.Monitoring bodies such as the Anti-DefamationLeague in the USA havereported in early1990 on verysignificant increasesin such activity. 2.12.2. In the summerof 1989the Commissionerof the MetropolitanPolice in London, Sir Peterlmbert, stated that racial crime in the capitalhad risen by 60%in thefirst quarter of theyear (see also 3.13.1,3.). 2.12.3. Certainlysome police forces in Britainare now gatheringmuch more accurate figuresfor such crimesand positivesteps have beentaken, such as the productionof multi-lingualpamphlets sent out to all householdsencouraging people to reportthese crimes.Within the police,training in this area of crime is being addressedin a more consideredway, although racism in the lowerechelons of the policeis stilla realproblem. 2.12.4. A very welcomedevelopment was the announcementby Home Secretary DavidWaddington in lateApril 1990 that all43 districtpolice forces in Englandand Wales must make racialattacks a top priorityand methodsof reportingand monitoringsuch incidentsmust be steppedup. He wenton to expresshis verystrong abhorrence of such crimes. 2.12.5. Complaintsfrom members of the blackcommunities and a numberof Members ol Parliamenthave also highlighted a veryserious problem in thecountry's armed services with regardto raclaldiscrimination. Some elite remain totally white. 2.12.6. SinceDecember 1985 changes have taken place in organizedracism in Britain.The seriesof splitsin the NationalFront (NF) continued and after1986 two major groupsbearing the NF nameappeared. One becameknown as the FlagGroup and the otheras the PoliticalSoldiers, The firsttook on the appearanceof the traditionalNational Front,contesting elections, organizing marches and, underthe leadershipof two young men,Martin Wingfield and then lan Anderson, building an imagenot dissimilar to the Front Nationalof Francebut withoutthe mass following,With re-recruitmentof former NF membersthey haveraised the membershipto around3 500. 2.12.7. They publishthree journals:The Flag,a monthlynewspaper, Vanguard, a monthlymagazine, and Lionheart,aquarterly magazine. The circulationof thesejournals doesnot go muchbeyond their own members. However their various racist leaflets have a far widerrange and hundredsof thousandsare distributedeach year. 2.12.8. Theirelection results have been insignificant.In March1990 they stoodin a Parliamentaryby-election in the Midlands,an areawhere they haveone of theirlargest branches,and gainedonly 311 votes. 2J23. Theirformer partners, the PoliticalSoldiers, became more and more extreme in both theirthinking and their connections.Praise for lran and Libyaand theirfailure to condemnthe terroristson bothsides of the Northernlreland conflict led to the lossof the CHAPTER2 39 bulkof the alreadydiminishing membership of the organization.They declared they had no interestin Parliamentarydemocracy. A numberof key membersgained convictions for violence,sometimes against the police. 2.12.10. They claimedthat they wantedto developfriendly contacts with blackand Jewishnationalist extremists. But when seriouslychallenged over these relationships, they saidthey stillbelieved in racialseparate development. 2.12.11. Theirconnection with ltalian far rightterrorist exile Roberto Fiore only did them harmwhen it was revealedthat he had beenan agentof BritishIntelligence Section Ml6 sincethe early1980s, 2.12.12. They have tried unsuccessfullyto set up front organizationsin areas of growinginterest in Britainsuch as greenpolitics and animalrights. 2.12.13. In October1988 a programmecalled Disciples of Chaoswas transmittedby Channel4 televisionin its Despatchesseries. This gave a detailedhistory of develop- mentsin the two NationalFronts. lt wasfollowed by the Searchlightbooklet From Ballotsto Bombs,published in January1989, which revealed the PoliticalSoldiers operation from the insidewith the use ol internaldocuments. 2.12.14. ln January1990 the PoliticalSoldiers split again. One groupled by Derek Hollandand NickGriffin left for Francewhere they haveset up a far rightcommune and PatrickHarrington took the fiftyor so remainingmembers into a groupcalling itself the ThirdWay. 2.12.15. The BritishNational ParW (BNP) has around1 500 membersof whichmore than 10o/o?tE activists. lt hasdeveloped rapidly since the mid-1980sled by JohnTyndall, an activenazi since the age of 19and leader of the NationalFront in itsheyday in theearly to mid 1970s.Tyndall brokeawayfrom the NF in 1979and re-formedthe BNPin 1981. 2.12.16. lt is an openlynazi party.There is no electedleadership or committees; Tyndallis in solecommand. 2.12.17. LikeTyndall himself the key men in theleadership (there are no women) have seriouscriminal convictions. Their crimesrange from bomb-making,organizing illegal paramilitarygroups, possession of firearmsand a seriesof convictionsunder the Race Relationsand PublicOrder Acts. 2.12.18. The BNP has targetedschools for its racistmaterial. Apart from probablya quarterof a millionracist and antisemitic stickers, it producesvideos and sound tapes and runsa bookclub that helps it circumventthe lawsagainst the distribution of racistmaterial. lt also produces Spearhead,a monthly magazine and British Nationalist,a monthly newspaper.Both publications are uninhibitedin theirracist style and reportunashamedly on theirmembers stabbing black people. 2.12.19. The SalmanRushdie affair has been a catalystfor all the racistgroups in Britainbut nonemore so thanthe BNP.lt hasused the upheavalin Britain'slarge Muslim communityto provokeserious confrontation and over the lastyear has organized marches in areaswith a largeMuslim population. On severaloccasions this has led to serious disorder. 40 CHAPTER2

2.12.20. ln additionthe BNPis responsiblefor the distributionof antisemitictracts and paperssuch as HolocaustNews, which denies that the nazideath camps ever existed. Theseare sent unsolicitedto schools,Members of Parliament,various institutions and membersof the Jewishcommunity.

2.12.21. At one time Tyndallwas not interestedin any overseasconnections except withnazis in the USAand SouthAfrica. Today the BNP is partof the OdalRing, which is basedin Belgiumand run by WernerVan Steen,a Belgianwho has a convictionfor his racistactivities.

2.12.22. Apartfrom the formal racist parties a wholerange of smallerbut sometimes no less vocalgroups exist, such as LadyJane Birdwood'sSelf Help and BritishSolidarity organizationsand herpaper, Choice, which, along with about ten different antisemitic and raöistleaflets, is circutatedfree of chargeall overthe countryin hugenumbers.

21229. DonMartin's British League of Rightsis tiedto similarracist and anti-Jewish groupsin Australia, and South Africa.In each of these countriesthey have publishinghouses and hold internationalgatherings.

2.12.24. The Britishfar right'slinks with the new rightin Europeare by meansof a glossymagazine called Scorpion run by MichaelWalker, a closeassociate of Alainde Benoistin Franceand RobertStuekers in Belgium.Walker is a formerNational Front officer who now lives in West Germany.Scorpion holds at least two international gatheringseach year and is at presentvery keen to developlinks with ultra-nationalist and antisemiticgroups in Russiaand EasternEurope.

2.12.25. ln 1986Colin Jordan, the formerleaderof Britain's nazis, wrote in National Review,the influentialjournal of the Leagueof St George,about his ideas for the movementin the lastyears of thiscentury. He calledfor the buildingof a partyof menand womenprepared to take up an undergroundstruggle as soldiersof the cause.

2.12.26. The resultof thiscall has been the re-emergenceof Jordan'sold organization, the BritishMovement, and within it a cell-structuredsecret group called the BritishNational SocialistMovement, which has very stronglinks abroad.Contacts are strongestwith MichaelKühnen's group in West Germanyand Et Wolsink'sorganization in Holland. A connectionalso existswith the AmericanKu KluxKlan,

2.12.27. The choiceof NationalReview for this rallyingcall was important,because althoughthe Leagueis an elitistgroup with only about 50 members,they are in the main verywealthy and it is the mostrespected of the purenational socialist groups in Western Europe. CHAPTER2 41

2.13. Austria

2.13.1. Themost dramatic development in Austriasince the publication of the Evrigenis Reportin 1985has been the meteoricrise of the FreiheitlichePartei Osterreichs (FPO] led by the man who has been dubbedthe yuppiefascist, Jorg Haider.Despite the FPO's aifiliationto the LiberalInternational, the partystands on the extremeright of the Austrian politicalspectrum and pursuesracist policiesagainst foreigners generally and, in its strongholdof Carinthia,against the Sloveneminori$ in particular.

2.19.2. In this provincethe FPÖ has establisheditself firmly in the politicalframework and in electionsin 1989it won 29o/ool the votethere as against10% nationally. Haider is now chief ministerin Carinthia,which beforethe SecondWorld War was a centreof nazism,and has used the regionas a powerbase from whichto projecthimself as a nationallyknown and even popularpolitical figure.

2.19.3. Only40 yearsold, Haider was earlierinvolved in severalfar-right groups beJorg joiningthe .As a journalisthe editedan antisemiticpaper, Carinthian News, which defenäedwar-time collaboration with Hitle/snazis. He is reportedto be proudol the fact that both his parentswere nazisand some of his considerablepersonal wealth stems directlyfrom ownershipof forestland expropriated from its Jewishowners in 1940.

2.19.4. Haiderhas never concealed his naziassociations. He hasbeen a regularvisitor to annualreunions of ex-SSveterans and has lenthis supportto campaignsfor amnesty lor naziwar criminals.With this backgroundit is not surprisingthat since taking over the leadershipof the FPÖhe hasset it on an extreme-rightcourse and has madeantisemitic statements.

2.13.5. The characterof the FPÖ is morethan anythingrevealed by the companyit keeps.ln 1989its leaderheld at leastone meetingwith Jean-Marie Le Penof the French FrontNational and FranzSchönhuber, the Republikaners'leader.

2.13.6. Therehas beena traditionof antisemitismand fascistorganization in Austria sincethe 1930s,when the AustrianNazi Party was over 500 000 strong, and this tradition continuestoday. While through its electedrepresentatives at nationaland localparlia- mentarylevel and the fact that it holds state officein Carinthiathe FPO is the most prominentorganization on the far right,it is by no meansthe only one.

2.19.7. lndeedthe far-rightgroups proliferate and, accordingto evidencegiven by policein the 1985trial of nine neo-nazisfor a seriesof bombattacks on Jewish-owned property,the numberof extreme-rightactivists is estimatedat about20 000.These belong to a vaiietyof organizations,some of themcultural, of whichthe biggestis probablythe NationalDemocrätic Party (NPD), which averages about 3% when it contestselections.

2,13.8, The former leaderof the NPD, Dr NorbertBurger, was once convictedfor terrorismin thedisputed South Tyrol region. More recently he hasfigured as thedirector of theCommission for Truth in History,which is a historicalrevisionist association that denies the nazigenocide of the Jews and entertainslinks with like-mindedpeople elsewhere in Europe,including the Britishhistorian, David lrving. 42 CHAPTER2

2.13.9. ln 1986former United Nations Secretary General Kurt Waldheim was elected nationalPresident with 53% of the vote, despitemassive publicity about his nazi and allegedlywar-criminal past. Waldheim's election and the continuingevidence of racism and antisemitismshown in numerousopinion surveys indicate that in Austriathere remainsfertile soil for the growthof nazismonce more.

2.14. EasternEurope 2.14.1. The politicalchanges that have swept Eastern Europe since the midsummerof 1989could not havebeen anticipated even by the mostinformed experts. Nevertheless it is nowbecoming clear that the removalof dictatorshipin EastGermany, Hungary, Poland and Roumaniahas broughtextreme-right, nationalist and antisemitictendencies to the surface. 2.14.2. In East Germanyextreme-right organizations have publiclyproclaimed their existenc_edespite being in violationof the law.For example the Republikaner claim groups in East Berlin,Leipzig, Dresden, Karl-Manx-Stadt, Gorlitz and other cities.Other groups, like the DeutscheAlternative led by neo-nazi Michael Kühnen, havL aiso establishedlocal organizationsand functionopenly. Material evidence of this presence has been gatheredat the regularweekly demonstrations in Leipzigand Dresdenwhich precededthe electionsof 16 March1990. 2.14.3. The fascistskinhead scene has grownquickly with groupsreported in East Berlin, Bostock,Weimar, Leipzig and Dresden.These groups draw.their political inspirationfrom the extremeright and operateas activistsfor the Republikaner.In April 1990 there were clashes betweenpolice and groups of over 300 skinheadswho had gatheredin East Berlinto commemorateHitler's birth. In theseincidents homosexuals were attackedand passers-bygreeted with nazi salutes. 2.14.4. Socialscientists and Churchorganizations have expressedanxiety about the growthof right-extremisttendencies and have noteda rise in the numberof assaultson black studentsand Vietnameseguest workers,as well as a wave of politically-inspired vandalismagainst Jewish cemeteries and sovietwar memorials. 2.14.5. Similartendencies have surfaced in Roumaniawith pogromsin whichseveral membersof the Hungarianminority were killedin March1990 and the re-emergenceof antisemitismon sucha scalethat the RoumanianChief Rabbi, Moses Rosen, has warned of the seriousdangers facing Roumania's20 OOO-strongJewish population. Attacks on Jewishproperty have been reportedfrom the town of Oradeain northernRoumania. 2,14.6. Visiblesigns of extreme-rightorganization have included the appearance of the notoriousantisemitic forgery, The Protocolsaf the Etdersol Zion, on public sale in Bucharestand the formationof the organizationVatra Romanesca,which is a successor organizationto the pre-warand wartimelron Guard movement. 2.14.7. VatraRomanesca is openlyracist and proclaimsits intentionof waginga violent struggleagainst the Hungarian,German and gypsyminorities, which it regardsäs racially lPure. The organizationclaims to have received support from as yet unidentifieä Canadianand Frenchorganizations. CHAPTER2 43

2.14.8. In Hungarytoo the collapseof the communistregime has openedthe political arenato right-extremisttrends. Skinhead groups have appeared and leafletsbearing the imprintof the traditionalHungarian Arrow Cross movementhave been circulated.

2.14.9. Moreworrying is thefact that the leadingpolitical pafi in Hungary,Democratic Forum,contains within its leadershipindividuals who havemade public their antisemitism. For instance,lstvan Czurka has blamedJews for the problemsthat Hungaryhas suffered sincethe SecondWorld War and suchstatements have created a climatein whichJewish propefi has beenvandalized in ,Debrecen and Tab and groupsof skinheads, who are in contact with their East German,Austrian and British counterparts,have becomeactive.

2.14.10. ln Polandthe hatredof the formercommunist rulers has expresseditself with both anti-Russiannationalism and antisemitism,despite the now minisculesize of the country'sJewish population. Nevertheless prominent Jewish members of Solidarnosc havebeen singled out as targetsfor anonymouspropaganda leaflets and graffiti.There is also evidencelhat fascistmäterial from the US Third Way neo-nazigroup led by Gary Gallo has been circulatedat Radom Universityby SociologyProfessor Mieczyslaw Trzeciak and that initiativeshave been taken to establishgroups of the US fascist LaRoucheorganization in Poland.

2.14.11. The fragilityof the overallatmosphere was broughthome in the summerof 1989in the controversyover the Carmelitenunnery at the site of the formernazi death campat Auschwitz.The headof the RomanCatholic Church in Poland,Cardinal Glemp, issuedstatements accusing Jews of 'orchestratingan internationalcampaign' against the nunnery,which sparked off a wave of antisemiticvandalism.

2.14.12. ln the USSRthe Russiannationalist and antisemiticPamyat organization has continuedto develop.lt hasparticular centres of strengthin Moscowand Leningradwhere it has around30 000 and 40 000 membersrespectively and where it has whippedup an atmosphereof terroramong Jews and othernational minorities.

2.14.13. Pamyatfaces prosecution for incitingnational and racial hatred after calling, in an electionmanifesto, for the 'de-Zionization'of Russiaand for a legal ban on Jews holdinggovernment posts.

2.14.14. Pamyathas begunto cooperateclosely with other groups like the Fatherland organizationand the hardlinenationalist United Workers' Front movementin a bid to broadenits popularbase. In April1990 it was announcedthat five suchgroups including Pamyathad formedan alliance,called the People'sRussian Orthodox Movement, to campaignfor the restorationof the tsar. lt attributedRussia's problems to the Jews.

2.14.15. Violentantisemitic attacks including murder have taken place in Moscowand Leningradsince autumn 1989. Despitepromises that the authoritieswill take action against racist violence,the recent appointmentof two known antisemites,Valentin Räsputinand VeniaminYarin, to PresidentGorbachev's 1S-strong Presidential Council has reinforcedanxiety as has 'slarge-scale penetration of the USSR'sbiggest greengroup, Volga. 44 CHAPTER2

2.14.16. Pamyathas recentlybeen registeredas a legal organizationin Leningrad underthe name,Republican People's Party of Russia. 2.14.17. lt has been confirmedthat Pamyathas formed links with extreme-right individualsin London.

2.15. Norway 2.15.1. In Norwaysince the EvrigenisReport there has beena definiteexpansion of raclstprejudice and activity.In particularthis hasbeen exploited by the Fremskrittspartiet of Carl I Hagen,which in the 1989 generalelection took 13,7o/oof the vote. With its 22 seatsin Parliamentit holdsthe balanceof power. 2.15.2. The Fremskrittspartiethas madeno secretof its desireto see tightercurbs on immigrationand acceptance of refugeesand its popularsupport was held tö haveworried the previousLabour government enough to havepressured it intopassing the Aliens Law to enacttougher controls. These measuresdid littleto silencethe racistclamour and espe_ciallygave new encouragementto the People'sMovement Against lmmigration (FMl),a far-rightpressure group that has managedto gathersuppbn from the more extremefringes of the Fremskrittspadietat the same time as winningover many members of the overtlyfascist Nasjonalt Folkeparti (NF). 2.15.3. Recentlythe FMIhas seen its support dwindle after its leader, Arne Myrdal, was sentencedto one year'simprisonment for his partin a conspiracyto bomban immigrant centre.The NF too was similarlyaffected after 11 of its memberswere charged with the bombingof an Oslomosque and found to be in possessionof armsand explosives.Clear associationwith violencehas tendedto be a weakeningfactor for the exlremeright in Nonruaybut the extremiststhemselves are not deterredand constantlyattempt to renew theirorganization and activities. 2.15.4. In its latestguises the extremeright has organizeditself into two new groups that performdifferent functions: the NationalDemocrats and Zorn 88. 2.15.5. The NationalDemocrats are a split-offfrom the Stoplmmigration Party, which put up candidatesin the 1989general election and failedto win any seatsin Parliament. As so oftenis the casewith such groups,failure led to factionalwarfare and splits.The breakawayelement felt disillusionedat Stop lmmigration'sattempts to win respectability by attemptingto use the democraticprocess, even if for clearlyracist and undemocratic objectives. 2.15.6. Thiswas clearlydemonstrated when members of the newly-formedparty took part in February1990 in a peak time televisionprogramme about asylum seekers and declaredthemselves national and socialist.In any case the party bearsthe stampof its two main leaders, Hoge Bortland,notorious for his aggressiveracism, and Erik Gjems-Onstad,a lawyerwho is well knownas a defenderof SouthAfrican apadheid, 2.15.7. Zorn88, a violentnazi group, was alsoscheduled to receivetelevision airtime, butthese plans were frustrated by conceftedpublic . The organization claims over 200 membersand its main themesare the promotionof antisemitismand Holocaust CHAPTER2 45 revisionism,which resulted in March1990 in the daubingof Jewish-ownedproperty with naziinsignia. The groupis led by Erik-RuneHansen who hasa longrecord of anti-Jewish activity. Z.1S.B. Duringthe 1970sErik Blucher was Norway'smost notorious neo-nazi but in recentyears ninas kept a low profile.However he is believedstill to be an influential figurein the background, 2.15.g. Despitethe efforts of thehard-line racists and neo-nazis, it seemsthat the racist tide will continueto run with the ProgressParty lor sometime to come.

2.16. Sweden 2.16.1, The extremeright in Swedenhas beenundergoing a processof regro^upment afterthe dismalfailure of its previousendeavour to constructa unitedpafty, the Sweden paü, foundedin 1986from a fusionof threedifferent racist and neo-nazigroups. 2.16.2. The main reasonfor the SwedenParty's rapid demise was the unrelenting campaignconducted by anti-racistgroups who wereable to bring!o puph.gattention the orgahi=ätion'sconnectibns with violönce and its closeties withthe BritishNational Front' 2.16.3. The outcomeof the latestseries of splitsand fusions has been the formationof the SwedenDemocrats led by the erstwhileleader of the SwedenParty, Leif Zeilon. Their membership,which is claimeäto numbermore than 2 000,is comprisedlargely of former membersoi the racistand violent Bevara Sverige Svenskt and the remnantsof theopenly fascistNordiska Rikspartiet. 2.16.4. The new organizationhas contestedelections but has signallyfailed to make anyvisible impact orto-profit from the outburstof populistracism that broke out in 1988in the southernagricultural town of Sjöbo,where a clearmajority of citizensvoted in a town referendumto refuseto acceptany - refugeesunder the Swedishgovernment's quota regulations.Equally, in a btd to present themselvesas a legal and democratic orlanization,the SwedenDemocrais have alienatedmany of their former skinhead sipporterswho remainunder the influenceof racistand fascistideas but are no longer willingto act as 'arrestfodde/ for any group, 2.16.5. Otherfascist groups like the SverigesNationella Forbund do existbut havean elderlyand inactivemeirOeiship. Of intereslhowever is the continuedexistence of the Sveaborgorganization of Swedishformer Waffen SS volunteers.This highlysecretive organizaiionTs widely believed to havea handin providingtle financefor the activityol yoirngextreme rightiäts and alsoto haveprovided the fundsfor the printingof Holocaust ievisionistliterature on the priniingpresses of DietliebFelderer in Taby. 2.16.6, Feldererhas an internationalreputation as a publisherof suchmaterial and has longhad tieswith the Spanish'neo-naiigroup CEDADE and otherneo-nazi groups in Europe.He prin-tslarge amounts of and antisemitictracts and in additionpromotes his own irregularlyproduced journal under the title RevisionistHistory. 2.16.7. The far right however does not just rely on the printed word to make propagandabut alsouses the communityradio, Open Forum, to broadcastits racistand 46 CHAPTER2

antisemiticmessage. On severaloccasionsthis radio station has run foul of the lawbut so far its licencehas not been revoked.

2.16.8. GenerallySweden has been able to avoidthe kindof racistproblems that have afflictedother countrieslargely because of its relativewealth, strong öocial net and high livingstandards - but ominoussigns like the Sjobovote have begui to appear.lt wasln responseto racistundercurrents that the Swedishgovernment tobk actionin December 1989 to tightendrastically its asylumpolicy, a moüe that drew fierce protestsfrom the Churchand anti-racistsalike.

2.17. The international skinhead movement

2'17.1. Byfar the mostworrying development since the lastCommittee of Inquiryreport t| the non-parliamentaryfield has been the rapid growth of the skinheadäovement. Britainhas an appallingrecord for exportsin recentyears but in one field she has done remarkablywell, namely in spreadingthe racistand violentsub-culture of the skinheads. Skinheadsfirst appeared in Britainin the late1960s and were involved in whatwas known ?:_lak! bashing'-This includednot only assaultsbut also some murders.In the early 1970sthey went into decline but founda naturalhome in the BritishMovement from thä late1970s until about 1982 when the BritishMovement itself went into temporary decline.

217 '2' Over the-.next, five years the racistskinheads built up their organizationby meansof a seriesof bands playingracist music. These developed ä totlowing-whowore an unofficialuniform of tee-shirtsand badges jackets 'Doc sporting racist slogans,blacl and sleel-capped Martin'. The biggestinternational distributor of theiriecords is a West Germancompany, Rockarama Reöords.

2.17.3. The key groupformed around the band''andits leaderlan Stuart Donaldson.His familyowns factory 'working a in the northwest of Englandand he is not the classanti-hero' he wouldhave his youngfoltowers believe he is.

2'17.4. Likemost of the key figuresin the skinheadleadership Stuart has convictions for violenceagainst black people. Some of his comradeshave convictions for attackson the police.

2'17.5. In 1988Stuart broke away from the PoliticalSoldier wing of the NationalFront. Howeverhe did notset up hisown organization as mostskins tend to be verynihilistic and wouldnot join anythingorganized. Instead he produceda magazinewhich hä calledBlood and Honour.The British Movement,which was then re-forming,and the BNP started covertlyto supporthis activities.

2_.1.7..6.Dtlling the 1980sthe skinheadcult spreadfrom Britainto West Germany, Belgiumand Hollandand then to Scandinavia.The cult also gainedpopularity among Ioung unemployedracists in France,and it eventuallyreached Hungary, Poland änd Eas-i Germany, where skinheadswere involved in brdtal attacks on- glest workers and overseasstudents. They appearedto awakensome of the pre-warantisemitism in these countries. CHAPTER2 47

2.17.7. The very rapid developmentof the skinheadmovement has been followed closelyby TheMonnoi,the publication of the Centerfor DemocraticRenewal in the USA and in an Anti-Defarnation[eague pamphlet,Shaved for Battle.InBritain the skinheads' activitieshave been watched clöse[ Uyihe nationalpress and by Searchlighfon a regular basis. 217.8. Whathas beenone of the moststartling developments has been their success in the USA.About three years ago, when they first appeared on the US racistscene, they had around400 followers.Within a year this had grownto about4 500 and they have increasedrapidly in numberssince then. As in the restof the worldthey have engaged in racialattacks including murder. 2.17.9 ln the USA, Canadaand Swedenthey have dealt with their own dissident memberswith realbrutalig. ln one instancea youngman was crucifiedin a car parkin Californiawhen he wantedto breakaway from them. 2.17.10. Theestablished racist groups see them as a potentialrecruitment ground and as cannon fodder lor street actions,which can cross internationalborders, such as attendanceat internationalfootball matches. They are also viewed as a huge financial benefitfor the racistmovement. ln Britainthey are capableof generatingincome to the tuneof aroundone millionpounds a yearfrom sales of concerttickets, videos, tee-shirts, boots,records and tapes. ihey alsoiell protectionfor otherpeople's concerts and public events.Most, if not all, of this incomeis not declaredto the lnlandRevenue and is thereforenot taxed, 2.17.11. In Britainand the USA they haveformed a recruitmentpool for the Ku Klux Klan,in particularthe Klangroup of JaniesW Farrands,who hasvisited Europe on at least two occasionsin the last 12 months. 2.17.12. Underthe socialsecurity systems in WesternEurope they are ableto draw benefitsin allthe EC countries.ln gritai;lgroups of Germans,French, Belgians and Dutch visit regularlyfor periodslong enoughto carry on politicalactivities. 2.17.1g. Twoyears ago it wasdiscovered that there was an organizedlink with Sweden w1hfull-time politicalwolkers from Britainstationed there. Letters spelling out theirplans and tacticsfor future disruptionof footballinternationals exposed some of these links' 2.12.14. Certainlythe majorfigures behind British football violence have far rightand racistlinks. Martin WingfielO, tne former leader of the NationalFront , admitted in an interviewwith thö Londonmagazin e Time Ouf that the group had encouragedits membersto be active at footballstadia and had reaped the benefitsfrom this, both financiallyand in termsof recruitingnew members. 2.17.15. The Searchlightbooklet Terrar on the Terracespublished days after the Heysel stadium tragedy produced firm evidence, later incorporatedin the Leuven Universityreport, of fäsc'rst'involvementin the majorityof seriousdisorders at international footballmatches in recentyears. In Britainthis kind of activityhas spreadto cricketand boxingmatches and indeedto almostall sportingevents' 2.17.16. lt was alsodiscovered that young people from Scandinaviawere being taken via Britainto Northernlreland for paramilitarytraining. Since then it is believedthat such 48 CHAPTER2 traininghas taken place on a smaller scale in Britain.The Swedishmedia gave widespreadcoverage to theseillicit international activities. 2'17.17. ln the USAgroups like , which is run by formerWest CoastKu KluxKlan leader and his son John, who is in chargeöf itsskinhead section,have built up internationalsolidarity by leaps and bounds.These are violent operations.At]9st year's gathering of the Klanat StoneMountain, Georgia, 300 Klansmen took part. Half wore white sheetsand the other half were young men and women skinheadsin combatclothes. In almostevery speech reference was tö madeto lan Stuart and Britain'sskinheads. This area of racialpolitics is practicallythe only one in which womenare treated as equalsand certainly in the US skinheadgroups they fight alongside the men.

2.17.18. ColinJordan, Britain's most infamous postwar nazi leader, saw theseyoung peopleas the movement'snew recruitsfor the nextcentury. CHAPTER2 49

SOURCES

The Other Faceof Terror, Channel4 television,UK 1983.

Disciples of Chaos, Channel4 televisionprogramme in the Dispatchesseries, UK, October1988.

From Ballots to Bombs, SearchlightPublication, January 1989.

The Other Faceof Terror, Ray Hilland AndrewBell, Grafton Books, UK, 1988.

The Monitor,publication of the Centerfor DemocraticRenewal, USA, issues appearing between1987 and 1990.

Shavedfor Battle,Anti-Defamation League publication, New York,USA.

Time Out magazine,London, various issues 1986 to 1990.

The British Far Right's Third Position Stance, Gerry Gable, to be publishedby Longman1990.

Searchlightmagazine, London, UK, issuesfrom 1986to 1990.

Annual Reportsof the Commissionerof the MetropolitanPolice, 1987, 1988, 1989.

Home Office Directiveto Police Forces in Englandand Wales,April 1990.

The RadicalRight; A World Directory.Ciarän O Maoläin,Longman 1987.

RacialDiscrimination in lreland:Realities & Remedies.Harmony, Dublin, March 1990.

The Dark Side of Europe: The Extreme Right Today. GeoffreyHarris, Edinburgh UniversityPress, June 1990.

In additioninformation has been providedby Searchlight'sinfiltrators operating inside variousfascist groups and fascistinformants in someof thesegroups.

Searchlight'snetwork of correspondentshave also contributed. They remain unnamed for securityreasons. 50 CHAPTER2

Otherinformation has comefrom the followingorganizations and individuals: MRAP(France) VVN/BdA(Federal Republic of Germany) Celsius(Belgium) Anti-RacistCentre (Norway) Anne FrankCentre (Holland) NationalConsultative Committee on HumanRights (France)

From the working documentsof: ErnestGlinne, MEP (Belgium), PE 139.226and PE 140.250 Marijkevan Hemeldonck,MEP (Belgium), PE 139.154 EjnerChristiansen, MEP (Denmark), PE 139.296 Juande Dios RamirezHeredia, MEP (Spain),PE 140.275 ClaudiaRoth, MEP (FederalRepublic of Germany),PE 139.279 WilliRothley, MEP (Federal Republic of Germany),PE 139.153

From the contributionsof: Mr Jean Kahn,President, Conseil Repr6sentatif des InstitutionsJuives de France Liguedes Droitsde I'Homme LICRA FrancePlus SOS Racisme(Marseilles) 51

Chapter3: Countryby countryanalysis

3.1. Foreword 3.1.1. Thischapter will providea succinctpicture of the growinglevels of intolerance, xenophobiaor racismand discrimination,and their more extremeforms of expression, overthatred and physicalviolence against ethnic minorities, leading in numerouscases to senselessmurders. Sadly enough,almost four years after the adoptionof the Joint Declarationagainst Racism and Xenophobia in June1986 there is stillan enormousmass of evidencepointing to the growingstrength of racismand xenophobia and the aim of this chapteris to'highlight'themore serious incidents and examine the incidenceduring the last four years in view of the recommendationsto be formulated. 3.1.2. This reportwill deal only brieflywith the numerousforms of legallypermitted discrimination,referring to a few of the most blatantcases in which MemberState governmentsmay be violatingtheir internationalobligations. Such brevity should not imply that suchforms of discriminationare not important:they contributeto the inferiorstatus of legallyresiding foreigners and imply government approval of theexistence of a categoryof second-classresidents, thus appearingin the mindsof ordinarycitizens as a licenceto practicesome degree of discriminationagainst foreigners. 3.1.3. Moreover,the reportwill not give specific examples of racismand discrimination againstCommunity nationals although these are certainlynot exempt from being victims. Onthe contrary,there is stillreluctance - whichvaries from one Member State to another dependingon the compositionand importanceof foreignpopulation of Communityorigin - on the partof MemberStates to grantnationals of otherMember States the samerights of residence,employment, education, etc. as thoseenjoyed by theirown nationals.This has ledto a numberof condemnationsby the EuropeanCourt of Justiceagainst Member Stateswhich continuedto violatethe principleof free movementwith discriminatory measures(1). lt must,moreover, be pointedout that with the developmentof European case law, Communitymigrant workers are graduallyreceiving more and more legal protectionagainst discrimination. Besides, with the post-1992European Single Market, therewill no longerbe any moreCommunity migrant workers, but'European Community citizens'. 3.1.4. Thisdoes not meanthat the obligationsof the Europeaninstitutions are in any way diminished,For example, the explanationoffered by Mr Sutherland,on behalfof the Commissionat the June 1987plenary session of the EuropeanParliament when faced with the questionof appointinga EuropeanOmbudsman to defendthe rightsof EC nationalsin casesof discrimination,was that'the differencesbetween the nationallegal systemsand the Communitylegal system made it impossibleto have a European ombudsman'(2).lt can,however, be arguedthat since most Member States are partyto the variousinternational or Europeanhuman rights conventions (a firststep would be to 52 CHAPTER3 ensure that those Member States which have not yet signed and ratifiedcertain conventionsdo so as a priority),in particularthe UN Conventionon the Eliminationof All Formsof RacialDiscrimination (except lreland), the Community could set up a structureto monitor how Member States have (or have not) compliedwith their international obligationsin the field of human rights(3). Such a structurecould also serve as a surveillanceand informationagency, closely following events in MemberStates and remindingthe latterof this report'srecommendations.

3.1.5. Ohe essentialpart of this chapterwill focuson difficultiesin applyingthe few anti-racismlaws in forcein someMember States. Sometimes, indeed, these have been perverselyapplied. This can be largelyexplained by the factthat racistremarks, abuse, 'like insults,etc. have 'evolved'a greatdeal germsadapt to antibiotics'(a). They have found new meansof expressionwithin more legal contexts,frequently abusing, il not makinga mockeryof, freedomof speech(5). They also hide behindpseudo-scientific argumentsof the so-calledschool of socio-biology(6).

TheEuropean Community

3.2. Belgium

3.2.1. Accordingto the Eurobarometeropinion survey carried out between17 October and 21 November,1988 (7), the Belgiansand Germanshave the most difficultiesin 'other', acceptingto live alongsidethe differencesof the However,racial violence and abusein Belgiumare nowherenear the levelsin France,the UnitedKingdom or evenin Italy. This paradoxcan, in part, be explainedby the fact that Belgianswho dislike foreignersmore readily express such a view,even those who may get along quite wellwith a foreignneighbour. This of coursedoes not meanthat racismand/or xenophobia is not widespreadin Belgiansociety, as ErnestGlinne (8) and MarijkeVan Hemeldonck(s) show in theirrespective working documents.

3.2.2. The 30 July 1981 anti-racismlaw has in only very rare cases resultedin convictions.In 1985and 1986,343 complaintsunder the 1981anti-racism law were submittedin Brusselsof which 317 were rejectedas havinginsufficient grounds for prosecution(to). ln 1987,the numberof casessubmitted fell to 93 of which 82 were rejectedand three resultedin convictions(11). The followingyear, 83 complaintswere submittedof which70 wererejected and onlyone resultedin a conviction(12). One of the 'successfulcases' in 1987concerned a NorthAfrican youth who was convictedfor having calleda politiciana racist(13). 'Forces 3.2.3. In anothercase, seven members of the Far Right Nouvelles'received lightsuspended sentences and only one other was sentenced to an immediatefour-month prison term for having exerted intensiveand continuedphysical violence against immigrants.The compensation received by one immigrantfamily was noteven enough to pay partof the transportcosts for movingto anotherarea (14). CHAPTER3 53

3.2.4. On the otherhand, no politicalparties in Belgiumhave ever been convicted for makinginsulting statements against immigrants, despite complaints lodged. The Partides ForcesNouvelles (PFN) thus freely distributed leaflets during the 1987national elections, 'Halt saying the Barbarians'with cartoondrawings of Arabs. 3.2.5. Referringto immigrants,in particularNorth Africans, Yugoslavs and Turksas 'barbarians' 'acceptable' has become ever since the lnteriorMinister in the caretaker governmentin 1987himself called such immigrants'barbarians'. First he denieddoing so 'barbarian' and then said that the word as he used it had to be understoodin its etymologicalGreek sense, meaning foreigners (15). 3.2,6. As statedin MarijkeVan Hemeldonck'sworking document (16) the Turks and NorthAfricans (they number more or less300 O0O)arethe mostdisliked and discriminated againstforeigners in Belgium,although with the increasingnumber of black African asylumseekers there are moreand moreserious incidents of violenceand/or harassment againstthe Africans(mainly Zaire residents and students and Ghanaian asylum seekers) in theform of systematicand abusive lD checks(17) and beatingsof blackasylum seekers in the detentioncentre of BrusselsZaventem Airport (18). 3.2.7. There have also been two deathsof Africanasylum seekers: one murderin September1987 (the racistmotive has never been established)and another,on 14 January1987, concerning aZairean asylum seeker who was forced to boarda planeback to Zalre underthe escortof two policeofficers, There has never been any plausible evidenceto supportthe authorities'claimthat he committedsuicide (1e) and humanrights associationsalleged that he was beaten and then subjectedto an overdoseof tranquilizers.

3.2.8. Ever sincethe anti-Americandemonstration on 20 April 1986against the US bombingof Tripoliin whicha minoritygroup of lslamicfundamentalists participated, there 'lslamophobia' has beengrowing in Belgiumwith the frequentexaggerated and abusive labellingof the Muslimpopulation and their religious practices as radicalfundamentalism" This has been reinforcedby the lslamicheadscarf affair which was, however,far less controversialthan in France.In October1989, 20 Muslimgirls of a technicalschool started to weara headscarfwithin school premises and many others in thesame school followed. A Brusselstribunal ruled on 1 December1989 that femaleMuslims could wear their headscarvesin the presenceof a maleteacher, but thatthey had to removethem during physicaleducation, sporting activities, along the school corridorsand in the play- ground(20).

3.2.9. Althoughthe teachingof lslamin Belgiumwas officially introduced in 1978,two Brusselsboroughs, one run by an ex-memberof the PartiR6formateur Libdral (PRL) (,1) knownfor his hostilitytowards immigrants, Mr R. Nolsof Schaarbeek,and anotherby a Socialist,Mr C. Picque(22), refused to allow Muslimcourses in localschools until they were orderedto do so by a courtruling in December1989 (23), 3.2.10, Inter-communityrelations in the Brusselsborough of Schaarbeekare perhaps the worstin the wholecountry and the formermayor, Mr Nols,contributed a greatdeal to fuellingthe racialhatred and tensions. During the periodof the Muslimevent of Ramadan in 1986he imposeda one-monthban on gatheringsof morethan five persons after 10 pm, 54 CHAPTER3 just when Muslimsgather before their evening meal (to). At aboutthe sametime, some 150000 copies of his borough's informationbrochure were distributedto schools, depictingNorth Africans as terroristsand religiousfundamentalists, associated with drug dealingand addiction(2s). At a boroughcouncil meeting on 27 April 1988,he openly 'the accusedimmigrants of beingthe cause of insecurityand describedMoroccans as barbariansof today'('?0).The next month,tensions between the North Africansand the policehad reachedsuch a pitchthat a violentconfrontation was narrowlyavoided (z?). His anti-immigrantmeasures even became the objectof ridiculeamong Belgians living there. whenhe orderedthe removalof certainbenches near a park- SOS-Racismein Belgium claimedthat it was a form of apartheidto preventimmigrants from usingthe benches("). However,his 'popularity'in Schaarbeekwas such that prior to the mid-1988local elections,both the Frenchand Flemishlocal Socialist parties tried to reachan agreement with him underthe pretextof getting'insde to changeMr Nols'(2s). 3.2.11. A RoyalDecree of 7 May1985 allowed six Brusselsboroughs to refuseto enter certainforeigners in the specialaliensregister, thereby preventing them from living there. The ban was for a five-yearperiod and expiredon 14 May 1990(30). Politicians from all parties,except the Ecologists(Ecolo/Agalev), have been in favourof the ban,including the presentdeputy Prime Minister and formerMinister of Justice,Mr PhilippeMoureaux (31), who in 1981got the anti-racistBill tabled as longbefore as 1966by Mr Glinneadopted. Althoughit apparentlycontravenes the 1950 EuropeanHuman Rights Convention, severalmore Brussels boroughs have been in favourof implementinga similarban, and alsothe cig ol Liöge(.,). lt shouldbe notedthat the immigrantsconsultative councils have helpedintegration at local level. 3.2.12. On 9 May,the Governmentdecided to allowfive of thesix Brusselsboroughs to prolongthe banfor anothertwo years.The cityof Liögehas beenauthorized to implement this ban for one year to enablethe local authoritiesto regularizethe situationof some 2234 asylumseekers there. The sixth boroughhas to reintroduceits applicationin the appropriateform. The requestby the Brusselsborough of Koekelbergto implementthe banwas turneddown. One positivefactor in the Government'sdecision is thatthe bancan no longerbe appliedto non-EECstudents. This decisionangered the opponentsof the ban, as well as its advocatesbecause of its limitedscope and duration(t3). 3.2.13. Relationsbetween the policeand the immigrantpopulation are particularly bad, in particularwith regard to youths of North African origin who are consideredto be responsiblefor the high crime rate. Some police vans actually bear stickers of extreme-rightgroups. 3.2.14. At the endof September1987, the localpolice of a boroughstood passively by as a band of skinheadsgot close to attackinga group of youthsof NorthAfrican origin, threateningto disfigurethem with swastikasigns. The skinheadswere stoppedby the local people,but attemptsto call in the gendarmeswere unsuccessful(s). 3.2.15. In August1988, all local TV and radio stationsbroadcast information on a Moroccanyouth, hospitalized with a concussionand otherinjuries following his arrestby the police.Other than resisting arrest, the policebrought no other charges against him and dismissedthe affairas 'rare'.The new InteriorMinister reacted with speed by demandinga reportfrom the policethe morningafter the incident,but came under criticismfrom the CHAPTER3 55 policewho arguedthat such a mattershould have been dealtwith first by the judicial authoritiesand/or the Ministryof Justice(3s). 3.2.16. Onlywhen the extreme-right party, the Vlaams Blok, tripled its 1982 score at the October1988 local elections did the Governmentat lastbegin to takeup the problemsof immigrantsseriously (tu). lt quicklydecided to nominateas soonas possiblea commis- sionerto draft a reporton the problemsof co-existenceamong ethnic minorities and encouragethe peaceful co-existenceamong peoples of different cultures in large cities(3?). After much delay,the first voluminousrepoft was finally presentedon 23 November1989(38), outlining the situationand proposingmeasures on preventionand repressionof racism.One of them calls for the settingup of a nationalcentre against discriminationand for the integrationof ethnicminorities, comparable to the Commission on RacialEquality in the UK andthe LandelijkBuro Racismebestrijding (LBR - National Bureaufor CombatingRacism) in the Netherlands(.t).

3.3. Denmark

3.3.1. Eventsin the lastfour yearsconcerning inter-community relations in Denmark have given rise to growingconcern as to the extent of racial prejudice.An Australian lawyerrequested by the DanishCentre for HumanRights to do a three-monthstudy on labourmarket discrimination concludes that foreignersare deniedequal opportunities in violationof manyinternational conventions signed and ratifiedby Denmark(oo). In some state-runjob centresemployers are actuallyasked if theywant an immigrantto takeup a certainjob and they are apparentlyfree to refusea foreigner. 3.3.2. Other than the UN Conventionon the Eliminationof All Forms of Racial Discriminationwhich enteredinto force in Denmarkon 9 January 1972,there is no separateanti-racism legislation. As Mr E. Christiansenpoints out in his Working Document,calls for suchlegislation during a parliamentarydebate on 3 March1988 were dismissedby the Ministerof Justicewho argued that foreigners already enjoyed sufficient protectionunder existing laws protecting individuals, in particularparagraph 266b of the Danish Penal Code(ot). ln the Minister'sview, further bans to combat associations professingintolerance towards foreigners might constitute interference in the freedomof expressionand of association.

3.3.3. Thenumber of foreignersin Denmarkof non-Europeanorigin is around90 000of whom some 60 000 are immigrantsfrom the 1960s(mainly from Turkey,Pakistan and Yugoslavia)and about 30 000 are peoplegranted asylum within the last decade.The problemsof racismin Danishsociety began to assumealarming proportions with threats andattacks against immigrants and refugees as of 1985/1986when an increasingnumber of asylumseekers were arriving. 3.3.4. A TV journalistwho triedto raiseawareness of this probleminterviewed some 'skinheads' on 21 July 1985,and raciststatements were made. The journalist, as wellas the programmecontroller responsible were fined for enablingthese skinheadsto contravenethe afore-mentionedparagraph 266b (4'?).As for the skinheadsthemselves, they were convictedon a long seriesof other chargeswhich had the paradoxicalresult that no separatepenalty was handeddown to them for their racistremarks. All meansof 56 CHAPTER3 appealshaving been exhausted, the caseof the journalistand programmecontroller has beentaken to the EuropeanCourt of HumanRights. 'rockers' 3.3.5. Duringthe nightof 12113July 1986some 2 000 launcheda concerted attackagainst a hostelwhich was accommodating247 asylumseekers from lran, Sri Lankaand Lebanonto protestagainst the influxof refugees(ot). 3.3.6. On 7 March1988 a groupof youngpeople were convicted for violatingthe said paragraph266b after they confessedto havingburnt a woodencross near a church accommodatingTamils to frightenthem (s). 3.3.7. However,when, over a local radio station,a member of the ultra right Fremskridtspartiet(Progress Paü) (see below),referring to refugeesprior to the 1987 electionsspoke of 'thevast hoards of terroristspouring in overus fromthe MiddleEast and 'breed Sri Lanka' who like rats', the Public Prosecutorand the Ministryof Justice consideredthat the remarksdid not constitute sufficient grounds for a convictionunder the said paragraph266b in view of the contextand the form in whichthey were made(as). Mostof the anti-foreigner:votes go to the Fremskridtwhose electoral promises 3.3.8. 'false'), includeexpelling all Muslimsand relugees(who, in itsview, are all andtax cuts.lt managedto doubleits score at the 10 May1988 elections capturing g% of thevotes {4,8o/o previously)and now has 16 (*) outof a totalol'179 parliamentary seats (9 before)(+?). The numberof localcouncil seats which was 150during the 1981-85mandate period, fell to 35 duringthe 1985-89period and madea spectacularrise to 235 at the 1989elections. 3.3.9. At a meetingof extreme-rightmovements in Copenhagenduring the weekend of 12113May 1990in whichMr Le Pen of the FrenchFront National and Mr Schönhuberof the GermänRepublikaner participated, members of the Fremdskridtsurprisingly refused to take part(ot).

3.3.10. Accordingto an opinionsurvey carried out in March1988 Qy the KasperVilstrup lnstitute,30-35% of Danishadults had a positiveview on immigrantsand refugees,10olo were quite negativeand the remaindereither had intermediateviews or no opinionat all (4e).The 107ocorresponds more or lessto the audienceof the Fremskridtand the new Stop lndvandringen(Stop lmmigration)party which appearedfor the first time at the municipalelections in the autumnof 1989(uo).An attempt to forma nationwide'People's Movementagainst lmmigration'failed when the organizerswere preventedfrom holding theirfounding meeting on q March1990 (51). 'Christian 3.3.11. A newform of xenophobiawith respectfor the cultures of others:(who shouldremain where they are),advocated by a Lutheranparish priest, Rev. Af, Ssren Krarup,is gainingsome ground (s2). particularly move againstimmigrants was taken in March 3.3.12. One controversial 'even 1988 in the boroughof lshaj when the localcouncil voted against having more peopleof foreignorigin take residence in lshoj'(s3).Another Copenhagen suburb, Farum, decidedin March1988 to holda referendumon whetherthe municipalityshould make 25 homesavailable to refugees(*). Fortunately,this matterwas not raisedagain and the referendumwas not held. CHAPTER3 57

3.4. Federal Republic of Germany 3.4.1. There is still no specificanti-racism legislation in the FRG as the Federal Governmentconsiders that the protectionagainst racial discrimination provided for in Articles1(1) and 3(3) of the Constitutionis adequateto combat racism(55)and, as 'Federal confirmedby the representativeof the FRGat the hearing(s6), the Government considersthat the legal instrumentsin force are sufficientto counter undesirable developmentseffectively. lt did not thereforetake any speciallegislative measures in connectionwith the adoption of thedeclaration against racism and xenophobia'. However, it seemsthat the GermanGovernment considers that the constitutionalprovisions apply onlyto its nationals. 3.4.2. However,as statedin ClaudiaRoth's Working Document (s7), there has beena rise in the numberof violentattacks against foreigners in the last four yearsand there continuesto be reluctanceon the partof the policeand the PublicProsecutor's offices to prosecuteracially motivated violence or admitthat racismwas a motive(s8), 3.4.3. Forexample, the two men responsible for the killing of an lranianasylum seeker in 1988were given an 18-monthsuspended sentence. The courtin Tübingen(Baden- Württemberg)accepted the argumentfrom the defencethat the two men,employees of a supermarket,had mistakentheir victim for a shoplifterand consideredthat the victim's behaviourcontributed to the 'tragicaccident'(5e). 3.4.4. Hatredof foreignershas led to actionssuch as the arsonattack on 17 May1987 in ,resulting in the deathof a Greekcouple and their son and seriousburns to 18 otherforeigners. A similarincident took place in Schwandorfon 17 December1988 whena Turkishcouple and their son were killed in a fire,as wasthe father of a German familywho happenedto be theirneighbours. The 19-yearold Germanyouth responsible for the arsonattack in Schwandorfwas supposedlylinked with extreme right-wing groups and the only 'motive'he gave was his hatredof foreigners(uo). In anotherincident in Hamburg,in October1988, a groupof youthsattacked and beat up a Turkishwoman beforepushing her in frontof an oncomingcar (61). 3.4,5. TheTurkish population numbering about 1,5 million probably bears most of the bruntof racialharassment, violence and discrimination.This has been well described, documentedand exposed by thejournalist, Mr GüntherWallraff in hisnow renowned book and film(62), Most of them,in fact,form a classof sub-proletariat,with insecurerights of 'guest residenceand are quitedefenceless against legislation that still treatsthem as workers'(63). 3.4.6. Anothergroup which continues to suffermuch discrimination are the Sintiand Roma Community(the gypsies),who numbersome 60 000 in the FRG (the Nazis exterminatedmore than half a million)(64). According to MrJ. RamirezHeredia, MEP (65), the BonnGovernment has systematically refused to agreeto any projectof the European SocialFund in supportof gypsiesin the FRG. 3.4.7. Thereare also the specific problems of the40-50 000 black or Afro-Germansin theFRG, many the offspring of liaisonsbetween black Gls andGerman women, of whom very littleis said.They consider themselves as membersof Germansociety, but are not recognizedas such(66). 58 CHAPTER3

3.4.8, As in Sweden (see below), the British extreme-rightgroups have been introducingand propagatingracial hatred in the FFIG through the distributionand commercializationof racistvideo games. This was denouncedin March1989 by Mr E. Glinne,Belgian MEP (67), but accordingto a reportin March1990, pupils in Hessewere stillplaying with suchgames (68). 3.4.9. Antisemitismis farfrom being eradicated and two studiesconclude that as much as 20o/oof the populationstill harbouÄ anti-Jewish sentiments and antisemitismis latent amonganother 30% (6e). In fact,those who denythe existenceof the Nazigas chambers are speakingout moreopenly than everand are now partof an expandinginternational networkwith branchesmainly in the USA,the UK, the FRGand France(70). 3.4.10. The massivearrivals in 1989of Germansfrom the GDR (343854)and East Europeansof Germandescent (720 909) (7'), together with a recordnumber of 121318 applicantsfor asylum(an increaseof 18% over 1988)(72), have further aggravated the housingshortages and existingnegative sentiments towards foreigners and this in turn has led to the spectacularsuccesses of the Republikaner,as pointedout by Willi Rothley(73), with gainsin the Berlinmunicipal assembly and otherState Parliaments, as well as six seats in the EuropeanParliament. This party has been broughtunder surveillancesince the beginningof 1990by theOffice for the Protectionof theConstitution in Hamburg(Verfassungsschutz) (?4). The questionof whetherto takesuch a decisionat Federallevel is pending.According to a confidential(provisional) report of the Federal Office lor the Protectionof the Constitutionin Cologne (Kölner Bundesamtesfür Verfassungsschutz),this partyis a threatto the Constitution(tt). 3.4.11. Accordingto an opinionsurvey issued in September1989,75% of West Germansquestioned felt that there were too manyforeigners in the FRG,69% agreed that asylumseekers were unfairly exploiting the socialwelfare system, 93% favoured reducing the numberof so-called'economicrefugees'. Racial hatred against Africans or Asianswas sharedby about20% of respondents,the majorityof whomsupported the Republikaner. Migrantworkers ('guest workers') are rejectedto a lesserdegree than asylumseekers. The surveynevertheless confirmed strong negative feelings against the Turks whose situationis now all the more precariousdue to the influxof East Germansand ethnic Germansfrom Eastern Europe. The lattercategory, especially those from Poland and the USSRwere, according to the poll,accused of unfairlyexploiting the socialwelfaresystem (54o/o),aggravating the unemploymentsituation (61%) and the housingshortages (69%) (?6).

3.5. Greece 3.5.1. Accordingto ParaskevasAvgerinos (tt) and the statementof the Greek governmentdelegate, Mr Ekonomidis(78), 'Greeks were and are as a rule xenophiles ratherthan xenophobes'.There are severallaws to combatdiscrimination, including Article5(2) of the 1975Constitution ('n). 3.5.2, In fact,other than EC nationalswho numbermore than 16000,the foreign (non-EC)population is only doublethat number,mostly from the Philippines,Poland, Egyptand lran (in orderof importance)(80). CHAPTER3 59

3.5.3. However,in Januarythis year, there were violentriots in Komotini,Western Thrace,with fights betweenOrthodox Christians and Muslims.The first independent MuslimMP, electedin June 1989,was sentencedto 18 months'imprisonmenton 26 January1990 for disturbingthe peaceand incitingdiscord. His imprisonmentand that of anotherMuslim leader sparked off the clasheswhich resultedin the death of one OrthodoxChristian, 19 personsinjured, and the breakingof windowsof dozensof shops belongingto Muslims(tt). A diplomaticrow brokeout betweenGreece and Turkeyover the (ethnic)status of the 120000 strongMuslim minority in WesternThrace (82). That incidenthas been consideredas a purelypolitical one, betweenGreece and Turkey. Underthe 1923Treaty of Lausanne,the ritesof worshipof GreekMuslims in Thracewere givenspecial protection.

3.5.4, On the other hand, (Greek)Muslims complain of harassmentby the Greek authorities.They speak of bureaucraticobstacles to obtainingpermits for buildinghouses and repairingtheir existing homes where sanitary and heatingfacilities are oftenlacking. They also complainof beingrefused loans from state-controlledbanks, denied driving licencesand rarelygiven permission to drivetractors (83). 3.5.5. Theseproblems and conflicts must also be seenwithin the context of centuriesof bitter,if not hostile,relations between Turkey and Greece,which was colonizedfor about four centuriesby the former.The Greek authoritiesare, in general,apprehensive of possibleTurkish territorialexpansion into Western Thrace and this may help to explainthe causeof someof the grievancesof GreekMuslims. 3.5.6. The committeereceived no new specificexamples of any problemsbeing encounteredby theJewish and Armenian communities, although the EvrigenisReport did refer to some incidents.As for the gypsies,attempts to assimilatethem have not succeededand the majoritystill live apartfrom Greeksociety. 3.5.7. As the Greekdelegate to the hearingquite rightly pointed out, no countrycould 'entirely 'to consideritself immune'tothe dangersof racismand recognizedthe need be on the alertand exercisevigilance in facingup to such dangerousphenomena as they mightalso emergeto a greateror lesserextent in Greecein the future'(8a).

3.6. Spain

3.6.1. Amongthe legalforms of protectionagainst discrimination from which foreigners canbenefit in Spainare Articles 1 and 14of the SpanishConstitution and the Organic Law of June 25 1983.Moreover, there is an Ombudsman(Defensor del Pueblo)who is appointedby the Cortesto defendindividuals' rights (8s).

3.6.2. Nevedheless,a well-compileddossier issued by DocumentaciönSocial of CäritasEspahola in 1987shows a disturbingdegree of racismin Spain(tu). On the other hand,a nationalopinion survey carried out at the end of 1987(87)concluded that the Spanishpeople believed themselves to be moreracist than they were in reality,lt pointed outthat apaft from gypsies and NorthAfricans, other foreigners (such as LatinAmericans and Filipinos)hardly ever complained of racistpractices. 60 CHAPTER3

3.6.3. The samesurvey claimed that blacks(Africans) complained more of racismin the workplacethan elsewherein society.Hardly four monthslater, the samereview that publishedthe surveyran an articlesaying that drug traffickingand the high crimerate amongforeigners had led to increasingdiscrimination against blacks (88). Blacks with valid residencepermits are often persecuted by the policewhile some had even been deported to theircountry of origin.The articlereported on allegationsthat police sometimes picked on innocentforeigners and tore up their residencepermits, This has recentlybeen confirmedin the Ombudsman's1989 Annual Report (8s). 3.6.4. The North Africansare probablythe worst treated in Spain and gypsies constitutethe second most discriminated against group (e0). The latter number about half a millionin Spainand, like the blacksin the US,the gypsiesare verymuch appreciated for theirdance and music.Their problems begin when they leavethe theatresand try to be partof Spanishsociety. 3.6.5. Growinghostility towards foreigners and their families (e1) led to theorganization on 5 November1989 of the 'lmmigrantsDay' duringwhich humanrights associations issueda documentcriticizing the painfulsituation under which immigrantsin Spain live(s2). There have been severalscandalous cases of discriminatorytreatment in the formof ostracismof blackand NorthAfrican workers. 3,6.6. In the town of Lerida,as nobodywanted to rent accommodationto the black workersthere, most of thernhad to livein woodenhuts without gas, electricity or running water.Three of themeven sought shelter in a lormerpigsty. Complaints of racismto the policeproduced no action.Another article denounced a similarsituation confronting the 600-strongMoroccan community in an industrialarea in Barcelona.As mostof themhad no work permits,they did not dare to complain(nt). The localpeople often accuse the foreignersof bad behaviour(sa). 3.6,7. Althoughsince October 1985 a far-reaching'National Plan for GypsyDevelop- ment'has been implemented(nu), violent incidents, including arson attacks, have been perpetratedagainst whole gypsy communities. In oneincident in July1986, more than 30 gypsyfamilies in Andalusiahad to fleeto a nearbyvillage after their homes were burnt down,only to be refusedreception. When they arrived at thenext town, riots broke out and they finallyended up sleepingin tents providedby the SpanishRed Crossunder the protectionof the civilguards. Shortly after the incident,two-thirds of callersduring a radio programmeadmitted that they were racists (tu). Three months later, in thetown of Ciudad Real,another group of gypsieshad to flee afteran arsonattack (s7). 3.6.8. ln Barcelonaand Madrid,there have been casesof gypsychildren being preventedfrom attendingschools and on 13 February1988, the SupremeCourt dismissedan appealby the Madridmunicipality against a sentenceissued on 15 May 1987condemning the municipality of continuedracist practices against gypsies there (e8). 3.6.9. As pointedout in theworking document of JuanRamirez Heredia (ee), there are 17 autonomousregions in Spainand the centralgovernment has virtually no powersin mattersof social and culturalservices. The treatmentof gypsiesvaries from one municipalityto another and the 'main source of confrontationand discrimination experiencedby gypsiesin Spainis to be foundin the municipalities'1too). CHAPTER3 61

3.7. France

3.7.1. Inthe last four years, as pointedout by MireilleElmalan (101), about 20 foreigners havebeen assassinated and all butone (a Romanian)(tot), were North Africans or French citizensof NorthAfrican origin. The racistmotive has not been proven in allcases,but in at leasthalf of thesekillings, there was no reasonwhatsoever other than the desireto kill foreigners.In one casewhen six youthssimply kicked to deatha Tunisianfather of five 'What children,the arrestingpolice officer said shocksme the mostis thatthey havethe feelingof not havingcommitted anything reprehensible'1toa;" In a similarcase, three youthsshot and killed a Harki(10a) youth 10 amuse themselves' (tos;. In another,in whicha Moroccanyouth was simplyat the wrongplace at the wrongtime, his assassinadmitted that he had madea 'rnistake'because he thoughthe 'hadfired at a Chinese'(106). Even 'motives', whenthere are they includereasons such as the victimrefused to pay for his breador hisdrink, the victimwas responsiblefor breakinga window,of rnakingnoise, etc. 76/" ol thosequestioned in an opinionsurvey after the killingof threeyouths of North Africanorigin in March1990 agreed that 'the behaviour of someof themcan justify racist reactionsagainst them' ltoz;. 3.7.2. Apartfrom murders,there have been numerousother violent incidents which resultedin amputations,physical and mentalhandicap and permanentand complete paralysis.A numberof theseincidents have been attributed to excessiveand unjustifiable violenceby the police.Almost all go unrecorded,except in casesof deathltoe) or whenthe victimsare publicfigures, like a blackdoctor who sufferedsubstantial injuries inflicted by the policewhen he triedto respondto an emergencycall (10e).

3.7.3. In manycases, the sentencespassed or actiontaken have been so lenientthat the resultingoutcry and rageamong immigrants have been translated into the feeling that thereis no justicefor them.The Harkifather of the youthwho diedfrom three shots in the backat closeranEe, who receiveda seriesof decorationsfor his servicesin the French Army,went on a longhunger strike to protestagainst the releaseof the policemanby the examiningmagistrate, acting againstthe adviceof the PublicProsecutor's Office in Marseilles1rto1. In anothercase a policemanresponsible for the deathof a NorthAfrican youth receiveda ten months'prison sentence, four monthsof which were suspended althoughhis own defencelawyer requested two yearswithout probation (111).

3.7.4. As the Frenchrepresentative at the hearinghimself said (112), 'the enactment of new legislationwas not considereda priority',although human rights groups and some prominentpoliticians from both the Left and Righthave pointedto the need for more legislationto plugthe significant number of loopholesin the anti-racist law of 1.7.1972(113).

3.7.5. In France,as insome other Member States, measures against racism have been enactednot with preemptiveforesight, but when violenceand murdershave reached intolerableand embarrassingproportions with protestsvoiced by the governmentsof NorthAfrican countries. Only after the bombingof an immigranthostel in in December1988(114), did the PrimeMinister decide to set up an interministerialunit to co-ordinatethe campaignagainst racist violence. Similariy, the decisionto enactnew anti-racismlegislations and measures(11s) was madeafter the deathsof threeFrench youthsof NorthAfrican origin and whenopinion surueys revealed extensive racism in 62 CHAPTER3

Frenchsociety and strongaversion against North Africans, gypsies, blacks, Asians and SouthernEuropeans (in orderof dislike)(116). 3.7.6. Probablybecause of a lackof co-ordinationamong the variouspolitical parties, the anti-racismbill was presentedas an initiativeof the Particommuniste frangais (PCF) and politicalconsiderations unfortunately entered the pictureand dominatedthe debate. Althoughthere was consensusamong the leadersof the variouspolitical parties, except the Frontnational (FN) on the proposedmeasures, including the additionalsanction of denyingcertain civil rights to thoseconvicted of racism,only the PartiSocialiste (PS) and the PCF voted in favourof at its first readingon 3 May 1990- aftercomplex internaldebates, the Rassemblementpour la R6publque(RPR), the Union pour la D6mocratieFrangaise (UDF) as wellas theCentre des DdmocratesSociaux (CDS)voted against. 3.7.7. Underthe anti-racismbill, personsconvicted of racismwould be barredfrom publicposts and would not be ableto presentthemselves as electioncandidates. The bill alsointroduces the offenceof revisionism.However, it hardlyprovides any solution to the difficultiesoften encountered by victimsof racismand discriminationof provingtheir case in court(117). 3.7.8. Humanrights associations have pointed out that the 1972anti-racism law has reallyonly beenapplied in mattersconcerning the press(118) and, in goingthrough the caselaw in thismatter, the impressionis thatthis law has served no purposeother than to exacerbatesentiments against immigrants.Judges have given a more and more restrictiveinterpretation of this law(t1e). For example,this law was aimedat protecting 'groups 'groupsof people'against discrimination (120). Judges now demand that the term of people'be clearlydetermined and thus immigrantsdo not form a group. 3.7.9. So far,mayors of threemunicipalities (Beaucaire, Casseneuil, Montfermeil) have openlydefied the Ministryof Educationin refusingto registernon-E0 childrenin local schoolsto 'shock'the authoritiesinto curbingimmigration (tzt1. One Communistmayor expressed'understanding' for this kindof actionand himselfmade such a strongattack againstblacks and Arabsthat disciplinaryparty action was takenagainst him (122). 3.7.10. The nationwidecontroversy that lastedabout two monthswhen three Muslim girlsin a schoolin Creil,Northern France, refused to removetheir headscarves (123) had seriousdetrimental consequences for the Muslimpopulation. There has beenpersistent over-exaggerationof lslamic fundamentalism bringing about equally exaggerated fears of an lslamictakeover. 3.7.11. The FrontNational, which has beenlosing some ground(124) since capturing 14,38/"of the votesin the firstround of the presidentialelections on 24 April1988 (12s), bouncedback with such popularity that many French politicians nowadays, consciously or unconsciously,define their stand on immigrationin relationto that of the FrontNational. PresidentMitterrand himself caused quite considerable concern when he said that the 'thresholdof tolerance'(of immigration)had been reached in the seventies(126). Whatever reasonshe couldhave had for makingsuch a statement,the fact remainsthat a term whichwas onceconsidered to havebeen the exclusiveappendage of the extremeright was utteredby the Presidenthimself, CHAPTER3 63

'Soon, 3.7.12. Withdeclarations such as: it willbe ourchildren who will be integratedby the NorthAfricans', the FrontNationalcandidate in Dreux captured 61,3% of thevotes and onceagain the FrontNational gained representation at the NationalAssembly ('nt).

3.7.13. lts Chairman,Mr Le Pen,who claimsto be neitherracist nor antisemitic,but who nonethelessmakes remarks against immigrants and Jewsthat couldbe considered denigratingand insultingand, at times,an incitementto racialhatred, has nevertheless beenconvicted under the 1972anli-racistlaw on at leastthree occasions ltze). In addition, fourrequests by the Ministryof Justicehave been made to the EuropeanParliament to lift his parliamentaryimmunity in orderthat legalaction be takenagainst him for racistand otherdenigratory remarks - two havemet with a favourableresponse and two othersare pending(12e).

3.7.14. Althoughbanned from speaking in Genevain November1987 for being a threat to publicorder (1s) and preventedthe followingmonth by a hugemass of demonstrators fromlanding in Martiniqueas wellas in Guadeloupe,where the localpeople threatened to ransackthe airportif he daredto leavethe plane(t.t), Mr Le Pen has beenallowed to make anti-immigrantspeeches in France,and commandshuge audiences.Opinion surveysshow that between 73 to 81%of Frenchpeople consider the FrontNational to be a racistparty, 76% considered that it is incapableof governingand 72o/oconsidered it to be a risk for democracy.However, 31o/o of respondentsagreed with what he said on immigrationand 18%would favour Mr Le Penas the new'lmmigrationMiniste/ (132). 'Le 3.7.15. The so-called Penphenomenon' has brought about some 'respectability' in racistbehaviour under the coverof defendingChristianity against lslam, national pride, 'natural familyvalues and the principle'of priorityto Frenchpeople. The congressof his pafi at the end of March1990 received such support and attentionthat the opposition Right(UDF, RPR, CDS, CNI), who held their Congress at thesame time, proposed certain policymeasures on immigrationwhich were the same as thosecalled for by the Front National,such as a referendumon the nationalitylaw, less social security rights for foreign residents,stricter conditions for familyreunion, etc. (133).

3.7.16. Therehas been widespread opposition to the buildingol mosquesin France.ln Lille the constructionof a mosquehas been preventedsince 1985(134), in Charvieu- Chavagneux(S.E. France), the Muslim place of worshipwas destroyed by a bulldozer'by mistake'inAugust 1989(135), and in Lyonsthe outspokenGaullist Mayor, Mr M. Noir (RPR)has come under very strong criticism from a largesection of the peoplein Lyonsfor havingsigned on 28.8.89the constructionpermit for the LyonsMosque (136).

3.7.17. Otherthan the racistviolence practised by extreme-rightwing terrorists, like the 'Commandos 'SOS de France'(137), France'(which 'dissolved itself' when four ol its leaders were blown up with their own bomb which they planned to use against immigrants)(ttt), and somemembers of the FrontNational, there are attackscarried out by skinheads('tn) and by membersof the policeinvolved with the extreme-rightParti NationalisteFrangais et Europ6en(PNFE). Four of these policemen,charged with involvementwith the bombingin Nicein December1988 (see above) and anotherattack 'Globe'(too), againstthe magazine werealso members of the extreme-rightpolice union, FPIP(F6d6ration Professionnelle Ind6pendante de la Police),which has the supportof 64 CHAPTER3 about6,9% of the policeforce (1a1). The fourhave been expelled from the force, but FPIP stillexists (142).

3.7.18. Lastbut not leastis the growingfrequency of antisemiticstatements made in publicas well as the anti-Jewishattacks and denigratinggraffiti on walls and Jewish cemeteries.The most abject in a series of desecrationof Jewish cemeterieswas perpetratedin the nightof 9/10May 1990in the townof Carpentras(near Avignon), the foundingplace of judaismin France.34 tombstoneswere damaged and the corpseof an old manwho was buried two weeks earlier was removed from the coffin and mutilated (143). The incidentcaused great nationaland internationalindignation and the leadersof all politicalparties (1aa), excluding the FrontNational, took part in a massivedemonstration in Parison 14 May 1990.For the first time since the end of the SecondWorld War, a presidentof the Republicjoined the silentprocession in Pariscomposed of some200 000 participants.In aboutten otherprovincial cities, including Marseilles, Quimper, Rennes, , Dijon and Rouen, similar demonstrationswere each attendedby several thousandpeople. That same evening, another (or the same)group of vandalsdesecrated anotherJewish cemetery, damaging 32 tombstones(145).

3.7.19. Althoughthe SecietaryGeneral of the Front National,Mr C. Lang, also expressedhis indignation over the desecrationin Carpentrasand the FN Chairman,Mr Le Pen,reiterated that he was not antisemitic,publications related to the FN, especiallythe party'spublication, the NationalHebdo (1a6), and remarksmade by its politicalleaders includingMr Le Pen,cannot be dissociatedfrom the riseof antisemitismin France.Mr Le 'a Pen has already accusedthe 'Jewish International'and freemasonryof playing non-negligiblerole in the creationof the anti-nationalspirit (in France)'(147). After saying that Field-MarshalP6tain has beenunjustly criticized ('injustement accabl6'), he recently 'Jews affirmedon televisionthat havea lot of powerin the press'(148).

3.7.20. A formerFront National MEP, Mr C. AutantLara, even expressed regret that the Nazis failed to exterminateMrs S, Veil, a former Presidentof the EuropeanParlia- ment(1as). Others close to the FrontNational, like the GaullistMayor of Nice,Mr J. M6decin(RPR), have issuedstatement considered by manyto be antisemitic(tso). The recentreport of the Committeeon HumanRights (1s1) points out that the anti-North-African racismhas 'reanimated'an'explicit and virulentantisemitism'.

3.7.21. The desecrationof the Carpentrascemetery at leasthad the positiveeffect of unitingthe oppositionparties (except the FrontNational) with the Governmentto combat racism,antisemitism and xenophobia.The earlierdecision of the oppositionparties to boycott the Government'ssecond round table meeting on immigrationhas been 'exchange', reversed(1s2). In the Governmentagreed to postponethe round table meeting,scheduled to be heldon 16 Mayto 29 May 1990,after the parliamentarydebate on the same subjecton 22 May(tu.). The Carpentrasincident probably had some influenceon the unanimousdecision made by theadministrative council of the University of Lyonlll (Jean-Moulin)to dismisstwo extreme-rightprofessors, one of whomis Mr B. Notin,a lectureron Economicswho oncewrote a revisionistand antisemiticarticle (154). CHAPTER3 65

3.8. lreland 3.8,1. lrelandhas a non-ECpopulation of onlyabout 18 000 and,according to Patrick 'has Cooney(1s5), the country been remarkablyfree' of such problemsas thereis not a largepresence of foreigners. 3,8.2. The numberof known cases of racialharassment or violenceis very small comparedto other countries.However, precisely because of the insignificantforeign population,the few caseswhich this repodwill mention are indicativeof someracism and xenophobiawhich could reach more dangerous levels if therewere moreforeigners, in particularnon-Europeans. 3.8.3. The casesmentioned in a recentreport compiled by an anti-racismgroup (156) are: repeatedattacks on Jewishshops in Dublin'ssouth inner city in 1986;a groupof travellingpeople were barred from participating in an anti-racismmeeting in a Dublinhotel in September1987; in November1987, a Moroccan,his lrishwife and theirdaughter startedsuffering from physical and verbalabuse and, in the absenceof protection,finally lefttheir council flat; in Decemberthe sameyear, a blackman, his lrishwife and three childrenbegan experiencing a similar, but more violent ordeal- theycould not even drink in a localpub becausethe barmancould not 'guaranteetheir safety'. 3.8.4. Thesingle most discriminated against ethnic group is the 'travelling people'who, accordingto the lastofficial count in November1988, number 15888, Likegypsies in othercountries, they are consideredundesirable and are usuallyforced to moveout of residentialareas. More than 70% now havefixed accommodation. 3.8.5. Althoughlreland has not yet signedthe UN Conventionon the Eliminationof all Formsof RacialDiscrimination, a positive step forward was madewith the enactmentof 'Prohibition the of Incitementto HatredAct' on November29, 1989which, i.a., prohibits the preparationor possessionof materialor recordingsof a racistor similarlyoffensive nature(1s7). Police had, on a few occasions,discovered that lreland was usedfor printing such materialfor distributionabroad, but did not havethe necessarypowers to act.

3.9. ltaly 3.9.1. The EvrigenisReport noted that 'ltalyis certainlyone of the countriesof Europe withthe lowestnumber of racialistincidents'1tse). At the hearing,Dr. A. Cavaterramade similarremarks claiming that ltaly'is not a xenophobiccountry' and explainedthat the cases of racial intolerancedescribed by the media were in fact 'instancesof petty criminality'(lse).The examplesgiven in Dacia Valent'sWorking Document (160) offer anotherpicture that is very muchto the contrary. 3.9.2. The fact remainsthat at the end of February1990 at carnivalnight in Florence, some200 maskedpeople armed with baseball bats and ironbars organized a beatingof blacksand gypsiesin the town centre,severely wounding a numberof them(161). The violencepersisted in March and spread to Rome, Varese,Turin, Caserta,Catania, Livorno,Matera, Milan, etc. with incidents of Molotovcocktailattacks against an immigrant receptioncentre, the burningof four cars belongingto immigrants,skinhead attacks, evictionsfrom rentedaccommodation and refusalto allowimmigrants to rentplaces. In 66 CHAPTER3

March1990, thousands of immigrantswho wererefused accommodation in Romehad to sleepunder bridges and about 1 500were reported to havebeen taking turns of fourhours to sleepin a partof the catacombs(162). 3.9,3. Racistleaflets issued by new racistgroups made their appearance, such as the 'vigilance 'Ludwig','Falange', 'Brigata Goebbels'. The last urges againstthe blacksand gypsypigs and the drugtraffickers and the filthyBolsheviks who protectthem'(163). 3.9.4. While some sectorsof the Roman CatholicChurch pleadedfor tolerance, includingthe Popehimself, others fuelled the tensions,like the Archbishopof Ravenna who statedthat Europewas being'islamicized' over the lastten yearsand that ltalynow riskedbeing 'lebanized' owing to the inabilityof peopleof differentcultures, religion and racesto livetogether (164). 3.9.5, The incidentshave been mainlyinterpreted as a suddenrevolt against the increasingnumber of immigrantsentering, sponsored mainly by shopkeepersand street vendorswho felt threatenedby the increasingcompetition of immigrantstreet vendors. The emergencylaw aimed,i.a., at regularizingthe severalhundred thousand irregular immigrants,which came into force on 30 December1989 (165), was criticizedby some sectorsof beinga 'pullfactor' in encouragingmore irregular migrants to enter.Indeed, the numberof irregularswhich was oncethought to be between800 000 and one millionis now believedto be in the regionof one and a half millionor even more. 3.9.6. Opinionpolls show a growingnumber of ltaliansin favour of stopping immigration,and in Florenceone survey indicated that 37% of the localpeople agreed that all immigrantsshould be repatriated.A poll conductedin 1989 showedthat 20% of respondentsshared this view(166). 3.9.7. Apart from the UN Conventionon the Eliminationof all Forms of Racial Discriminationwhich came into force in ltaly on 2 February1976, the only other legal protectionagainst discrimination is in the ltalianConstitution. No lawsor regulationshave beenimplemented in the lastfour years to combatracism and xenophobia. 3.9.8. The Government'sview is that the presentproblems are due to the ever- 'must increasingnumber of non-EOforeigners entering the countryand be tackledby preventingand eliminatingthe causes,rather than suppressingthe potentialeffects of uncontrolledmigratiofl'(toz1. In April this year,the DeputyPrime Minister and deputy leaderof the PartitoSocialista ltaliano, Mr C. Martelli,caused quite a scandalwhen he suggestedon ltaliantelevision that the policewere not capablealone of controllingthe thousandsof kilometresof ltaly'scoastal borders and that the army shouldbe called in ltoe;. 3.9.9. Therewere violent racist incidents prior to thosein Florence.In January1987, the SalvationArmy hostelin the San Lorenzoquafier of Romewas raidedby about20 hoodedpersons who beatup threeforeigners and then threw a petrolbomb. The hostel's 'directordescribed it as an act of hooliganism.The hostelwas againattacked in February 'San (andseveralothertimes since then), this time with gunfire, but nobody was wounded. Lorenzo77' claimedresponsibility and the racistgraffiti against blacks this time clearly indicatedracist motives (16e). CHAPTER3 67

3.9.10. In May 1988in Rome,a blackltalian woman of Eritreanorigin was toldby a malepassenger to give up her seatto a white.Nearly all the passengersdefended this man,except two studentsand an lndianwho sidedwith her untilthey realizedthat they weregreatly outnumbered and withdrew. The incident provoked a nationalscandal as this womanhappened to be the cleaninglady of someoneworking in the newsmedia. The Mayorof Romemade a publicapology on television(tto). 3.9.11 . In whatappeared to be a robberyin the nightof 24125August 1989, 30 African workerswere robbedand one was murdered.As the totalamount stolen was so small (180000 -270 000 lire),no one in ltalyseriously believed that it wasa mererobbery and consideredthat it was ratheraimed at frighteningblacks away (171). 3.9.12. These incidentsand other attacks against foreignersled to the biggest anti-racistdemonstration ever held in ltaly in October1989 which broughtmore than 100000 peopleon to the streetsof Rome(172). 3.9.13. Thereis alsointolerance and outright hatred among some ltalians in the Nodh againstthose in the South. In June 1989, a Southernltalian immigrant was beaten to death by a groupof Northerners.An opinionpoll carriedout shortlyaftenruards indicated that two-thirdsof thosein the Northdisliked the Southerners(173).

3.10. Luxembourg 3.10.1. AlthoughLuxembourg has the highestpercentage of foreigners(almost 30%), about90% of themare EC nationals, mainly Portuguese (29o/o),ltalians (20/") and French (12,6%)(174), and there is a largedegree of culturalhomogeneity in the sensethat almost all foreignersare Europeans.The mostimportant groups of non-Europeans,as pointed out in the WorkingDocument of RobertKrieps, are the Capeverdiansof Afro-Portuguese backgroundfiust over 1 000) and the lranians(fewer than 500)(1?s). 3.10.2. lt can safelybe said that racistor xenophobicincidents like thosein other MemberStates are virtuallyunknown in Luxembourg. 3.10.3. Oneof the maingrievances of theforeign population voiced in thelast few years is that they are deniedthe rightto vote.Owing to the high percentageof foreignersin Luxembourgthe authoritieshave been unwillingto grant this. In some boroughs,the percentageis wellover 30%. 3.10.4. Theonly two examplesof any relevanceoccurred in 1988when there were two casesof roadsigns defaced by racistslogans and one occasionwhen antisemitic graffiti were scrawledover the Jewishcemetery (176). 3.10.5. Preparingfor the national and European elections which took place at thesame time on 18 June 1989,the partylist'Lötzeburg de Lötzerburger,National Bewegung' (Luxembourgfor the Luxembourgers,National Movement) tried to stir up xenophobiaby 'syndrome attackingforeigners over havingthe right to vote with referenceto the of Larochette'(a smallborough of 800 inhabitants,80% of whomare Portuguese(177). This list,however, gained only 2,91% in the Europeanelections and no representation. 68 CHAPTER3

3.10.6. Owingto the particularthree-language system of education(German, Luxem- bourgishand French),foreign pupils, who representabout 40o/" of the schoolpopulation, quiteoften have serious ditficulties. But the authoritieshave paid attention to this matter overthe yearsand classeshave been reduced to 15-16pupils, and teachershave been providedwith specializedtraining courses. 3.10.7" Thereis no anti-racismlaw and two articlesin the Constitutionare considered to provideadequate protection against racism and discrimination.Nevertheless, in May 1989these articles were declared open to reviewby the Chamberof Deputiesin viewof extendingthe guaranteeof fundamentalrights to foreignerson equal terms with Luxembourgnationals (ttt).

3.11. The Netherlands 3"11.1. Theethnic minority population in The Netherlandsaccounts for about 5% of the total populationand consistsof mainly Dutch nationalsof Surinameseorigin (about 200000), of West Indianorigin (about 60 000),of Moluccanorigin (about 60 000),Turks (170000)and Moroccans(130000) (17e). There are about300000 Dutchnationals of lndonesianor 'semi-lndonesian'origin (of mixed descent)who are not, in general, canfrontedwith the sameproblems as ethnicminorities and are thereforenot considered as such. 3.11.2. Comparedto countrieslike the FRG, Franceand the UK, racismand discriminationtake on a less aggressive,though no less harmful,form and ethnic rninoritiesare victimsof institutionalizedand subtleforms of racismmore than anything else. 3.11.3. As pointedout in the workingdocument by Maartjevan Putten(180), the 'disastrous' unemploymentsituation for ethnicminorities is as the averagerate among themis threetimes higher than among Dutch nationals. This has beenconfirmed by the DutchGovernment representative at the hearingof the Committeeof lnquiry(181) who pointedout that 4Q"/ool themare unemployedand this percentage reaches approximately 44%where Turks and Moroccansare concerned(182). Both reports claim that even those whoare welleducated have the sameproblem, which refutes claims by employersthat the highunemployment rate among ethnic minorities is causedby pooreducation and lackof qualifications. 3.11.4. Effortshave been directed to get all nationaland localauthorities to implement a positiveaction programme, i.e. to ensurethat public bodies engage a certainnumber of people whosequalifications satisfy the set criteria.The nextstep is fromethnic minorities 'contract to get privatefirms to take similarmeasures. lt is also envisagedto institute compliance'whereby private firms dealing with the nationalor localgovernment bodies willbe obligedto adopta non-discriminatorystaffing policy or elselose out on government contracts. 3.11.5. Pressurehas also been exerted on localauthorities and housingassociations to ensurethat ethnic minorities are notdiscriminated against in housingallocations - they are requiredto submitannual or six-monthlyreports (ttt). CHAPTER3 69

3.11.6. The secondhalf of the 1980salso witnessed a growthof anti-racistorganiza- tions whetherdirected at victims(discrimination reporting centres) or at institutional discrimination.One of the morepositive actions was the settingup in 1985of the Landelijk BuroRacismebestrijding (LBR - NationalBureau for CombatingRacism) (similar to the Commissionfor RacialEquality in the UK)('*).The followingyear, the SecondChamber of the DutchParliament approved by a largemajority a bill makingorganizations whose aimsand activitiesare contraryto publicorder liable to prosecutionand dissolution. Only the PublicProsecutor was given the powerto initiatesuch an orderto outlawand disband racistassociations and political parties and he would be ableto do so onlyif oneor several of theirleading members had previously been convicted of violatingthe PenalCode (185). The wordingof the bill, however,gave causefor concernthat it couldlead to abusive interpretationand, as a result,it wasconsidered necessary to clearlydefine its application, i.e,,against what kindof associationsor parties.Therefore, the bill becamelaw only in 1989when it was also approvedby the FirstChamber.

3.11.7. Stepsare now beingtaken to see howthis new law can be usedto prosecute anddissolve the extreme-rightCentrum Partij '86 (seebelow), several of whosemembers had beenconvicted for offencesrelated to racism.

3.11.8. However,it has been very difficultfor the policeand publicprosecutor to providelegally conclusive evidence of racialdiscrimination and the numberof successful convictionsis very small(ttu). lt is interestingto note that the first verdictby the UN Commissionon the Eliminationof RacialDiscrimination in Genevaon a citizen'scomplaint concerneda Turkishwoman in the Netherlands(ttt).

3.11.9. A reportprepared by the Dutch ResearchCentre on SocialConflicts and handedto the Ministerof Justiceon February10, 1988concludes that ethnicminorities tendto cometo termswith discrimination instead of usinglegal means to combatit. The authorspoint out that ethnic minorities suffering from discrimination at workand in dailylife seemto takethis as a normalsocial phenomenon of the'cold,crude, hard and reserved' behaviourof the Dutchpeople (188).

3.11 .10. Althoughnot as badas in someother Member States, there are problemsin relationsbetween the police and ethnic minorities.The latter are largely under- representedin the policeforce, not leastbecause of racialharassment (t.n).

3.11.11. Extremelyviolent incidents have been absent for sometime. The last one, a bombwhich destroyed the fagadeof a caf6in Schiedamfrequented by immigrants,goes backto 10 August1986 (1e0). On the otherhand, the far righthas gainedground in the electionprocess: the extreme-rightCentrum Democraten gained a seat in the Second Chamberin September1989. ln the municipalelections on21 March1990, this pafi, '86, togetherwith anotherextreme-right and openly racist party,the CentrumPartij increasedtheir local representationfrom two to 15 councilseats, mainly in Rotterdam (7,1"/oof the votes),Amsterdam (6,8%) and The Hague(6,4Yo1. On the otherhand, there was a low turn-outamong foreigners who, for the secondtime, had the rightto go to the polls.The number of electedforeigners fell from 48 (inthe 1986 municipal elections) to 33, one reasonbeing the poorresults of the Partijvan de Arbeid(PvdA - LabourParty) who put up the highestnumber of ethnicminority candidates (1s1). 70 CHAPTER3

3.12. Portugal

3.12.1. Despitethe fact that the Portuguesepeople are renownedfor their mixed culturaland ethnicheritage, having been very open to mixedmarriages wherever they establishedoverseas settlements and colonies in the pastcenturies, and the Portuguese Constitutionand laws providefor substantialprotection against racism and discrimina- tion(1s2), it wouldbe quitewrong to assumethat the countryenjoys racial harmony (1s3).

3.12.2. lt wouldnot be exaggeratingto say that childrenof mixedparents are more easilyaccepted in Porluguesesociety than in othercountries and the sameholds true in 'degree sayingthat racialdiscrimination or rejectionis quiteoften in functionof the of blackness',i.e. someoneborn of one black parentwould be more acceptablethan someonewhose parentswere both black.

3.12.3. At present,the populationof Africanorigin is not very large,numbering about 50 000, includingthe irregularimmigrants. The majorityof them(about 30 000)are from CapeVerde and the restare from Angola,Mozambique, Guinea-Bissau and Sao Tom6 and Principe(tno).

3.12.4. They mostlybelong to the poorerclasses in societyand live in the two main cities,Lisbon and Oporto. Other than experiencing certain forms of rejectionin Portuguese society,they very often experience quite some difficulties in rentingdecent accommoda- tionas manyproprietors refuse to letapartments to Africans,or evenPortuguese nationals who are 'pureAfricans'.

3.12.5. In addition,there have been incidents of policebrutality and there are two cases of murderof Africans:one was allegedlybeaten to deathby the policeand the otherwas shotfor'violent behaviour'. lt is believedthat the mostracist police officers are those who foughtin the colonialwars, as MariaBelo points out in her WorkingDocument.

3.12.6. MariaBelo has also informed the Committeeof Inquirythat in Portugalthereis no legal statute coveringimmigrants, which makes the administrativeprocess for legalization(work and residencepermits) difficult and lengthy.There is also a lack of informationabout the necessaryprocedures. These factors,added to the fear of deportation,often deter immigrants from applyingat all.

3.12.7. Thisleaves many immigrants in an irregularsituation, which has serious social consequences- lack of socialsecurity, housing, trade unionrights, schooling. Such peoplemay be pushedinto illegal and marginal activities like smuggling, drug-dealing and prostitution.The districtsin which they live becomeincreasingly run-down, with the inhabitantsfacing increasing instability, illiteracy and a lackof any socialintegration.

3.12.8. In the lastcouple of years,the skinheadshave added to theirproblems. This movement,which started sometime in 1985,has beenimplicated in a growingnumber of racial attacks,mainly against blacks and Indians.On 28 October 1989, they were responsiblefor theviolent attack against the partyheadquarters of a smallleft-wing party, the PartidoSocialista Revolucionärio (PSR) which resultedin the death of a PSR leader(1ss). CHAPTER3 71

3.12.9. Skinheadviolence is such a problemfor the blackcommunity that two of its representativesmet with the InteriorMinister on 16 January1990 and agreedon the settingup of a committeeto monitorand study the situationexperiencäO Uy ethnic minoritiesin Portugal.lt will be composedof officialsfrom the lnteriorMiniötry, the Judiciaryand the borderpolice, as wellas representativesfrom associations represänting Capeverdiansand Guineans(1e6),

3.12.10. The foreignpopulation in Portugalis stillrather small (about 100000, EC nationalsincluded). This is probablywhy no majoropinion survey has everbeen carried out on the people'sattitude to foreigners.

3.12.11. However,the dangerdoes lie aheadas therehas beenfor some time a growingtendency for Portuguesecitizens (and/or their descendants) in othercountries, 'return'. namelyin Africa,Brazil, Venezuela and Argentina,to Thereare, moreover,the 100000 or so citizensof Macauwho hold portuguesepassports.

3.13. United Kingdom 3.13.1. England

3.13.1.1. Withinthe four-yearperiod under review, there have been year after year reports of systematicand increasinglywidespread racial violence which point to increasingethnic tension (1s7). Frequent arson attacks did not sparethe JointCouncil for the Welfareof lmmigrants(JCWI)whose offices were almost burned down on2zOctober 19g6(1s8).

3.13,1.2. In publicizingits annualreport on 8 July 1987 which markedthe 10th anniversaryof the 1976Race Relations Act, the Commissionfor RacialEquality (CRE) denouncedthe prevalentattacks against whole familiesas well as individualsand discriminationin employment and teachers training colleges. lt criticizedas wellthepress preferencefor sensationalismrather than accuracy in reportingrace issues (tss1. Related to this are articlesin someless serious newspapers which give exaggerated,and often false,accounts of immigrants/asylumseekers who supposedlyabuse the socialsecurity sYStem (2ooand 201).

3.13.1.3. ln 1989,police reported an averageof six racistincidents in Londonperday and an estimated7 000 knowncases of racisma year, but a PolicyStudies Institute surveyin 1984had suggestedthat racialattacks could be underreportedby a factorof 10 lzoz;as manyvictims do notreport their cases, one reasonbeing the lackoi confidence in the police(203).

3.13.1.4. Racistattacks have takenthe form of hooliganismand terrorizingethnic minoritygroups: their childrenhave to put up with all sorts of racialharassm-ent and violenceand at homethey receivethreatening phone calls, excreta and racistliterature are pushedthrough their letter boxes, as wellas petrolwhich is thenignited (20a). 3.13.1.5. Therewas a caseof an Asianmother who used to seeher two children spat on andstoned as they left home. Excrement was smeared on herdoor repeatedly. She did 72 CHAPTER3 not seek helpuntil her childrenhad knivesthrown at them,mainly because she thought that this was normalbehaviour and expectednothing different (205). 3.13.1.6. The increasein racialincidents may be partiallyattributable to the Salman 'satanic Rushdieaffair (206) whose book verses'was condemnedas blasphemousby a sizeablenumber of Muslimsand was publiclyburnt on 13January 1989. In the sameway as the lslamicheadscarf affair in Franceand to a much lesserextent in Belgium,the Rushdieaffair has createdor reinforcedexisting prejudices among wide sectionsof the populationwho tend to treatlslam with a verynegative, if nothostile, attitude and only see it as expansionistand domineering,politically-orientated religious fundamentalism. 3.13.1.7" On the otherhand, when in December1989 two Muslimgirls insisted on wearingtheir headscarues in a grammarschool in Manchester,the full schoolgovernors' meetingdecided on 23 January1990 to allowthem to do so on conditionthat they be the samecolour as theirschool uniform (207). 3.13.1.8. lnstitutionalizedracism is prevalentin Britishsociety and ethnicminorities continueto be discriminatedagainst mainly in thejustice system ('ot), in job opportunities and in recruitmentinto the police(20e) and army(210). 3.13.1.9. Actiontaken to combatdiscrimination, such as anti-racistlegislation, has sometimesbeen manipulatedto hinderrather than help blacksin their effortsto get jobs (211).In a reportby the RunnymedeTrust (212), the authorpoints out that without positiveaction, permitted under the RaceRelations Act 1976,members of minorityethnic groupsmay forever fail to join mainstreameconomic life and the consequenceswould be disastrousin terms of wasted talent,social injusticeand alienation.Positive action consistsof activeencouragement of peoplefrom ethnicminorities to applyfor jobs in sectorswhere they are significantly underrepresented. Furthermore, the HomeOffice has issuedguidance to ChiefOfficers of policeon dealingwith racial incidents, the Department of the Environmenthas publishedgood practiceguidance for localhousing authorities, andthe HomeAffairs Committee of the Houseof Commonsproduced reports in 1986and 1989on tacklingracial incidents. 3.13.1.10. One very disturbingconsequence was pointedout at a conferencein Londonon 24 January1990 when participants were told that discrimination was a major factorof mentalillness among blacks which had reached levels that are sometimes higher than thosediagnosed among immigrant parents (213). 3.13.1.1 1 . Confrontedwith widespread discrimination, ethnic minorities are callingfor 'economic to gettheir fair share of powerin society.Not unrelated to thisis empowerment' 'black the demandwithin the Labour Pafi for them to have their own sections',a controversythat stillcontinues. 3.13.1,12. In the GeneralElection of June1987, there were 27 blackcandidates: 14 Labour,6 Conservatives,6 Centrists (SPD)and one Liberal.Four Labour candidates won seats. 3.13.1.13. Somelocalcouncils have introduced tough measures to dealwith racism. In January1988, the councilleader of Liverpoolannounced that councilemployees who persistedin racist behaviourwould be dismissed(21a). ln the London boroughof CHAPTER3 73

Southwark,anyone found terrorizingor bullyingethnic minorityfamilies on housing estateswould be bannedfrom using'council-services and those havinga marketstall wouldlose their trading licence (215).

3.13.1.14. Measuresto preventthe spreadof racistideas have also been suggesled. ln education,books transmitting stereogfe ideas of the inferiorrole of ethnic minoritiesin societyshould be banned(216), and yöüngpeople should be moreinformed on politicsto preventthe spreadof sirnpleextreme-right ideas (217).

3.13.1.15. lmmigrationpolicies designed to stop as manyp99pl9 as possiblefrom enteringthe UK tnroughmeasuräs such as housingqualifications, the so-called 'primar! ltit;, purpose'rul'e'lttt;, proof of familyties, etc. have had a negativeeffect on race relations.Fämi[ ties can now be provenwith DNA bloodtesting, but applicantsare expectedto pay the high costs involved.Moreover, people wrongly refused in the past cannotenter'with the hälpof DNA bloodtesting if they are now over 18 yearsold (220).

3.1g.1.16. There is hardlyany evidenceto suggestthat antisemitismis a serious problem.However, this musi not be takento implythat the problemdoes not existand ihere are certain sectionsof the populationwho still harbouranti-Jewish feelings. Followingthe desecrationof the CarientrasCemetery in France(see above), the Jewish cemeteri in the London Borough of Edmontonwas also desecratedwith important materialdamage (2r).

3.13.1.17, lt must also be said that racismand discriminationis not simplywhites againstblacks. As pointedout by MichaelElliott (222), Asians are sometimesvictims of härassmentby blacksand therehäve even been isolated cases of whitesbeing victimized by blacksor Asians.

3.13.2. Scotland

3.13.2.1. Scotsused to considerracism as an'Englishproblem', as, true enough, Scotlandwas ratherfree from such problems. Unlike in Englandand Wales,there are no policestatistics on racialattacks which are still treatedas ordinaryassaults (223)'

g.1g.2.2. The extreme-rightBritish National Party opened an officein Glasgowin 1984 and racialviolence has escälatedsince then. A recentstudy at StirlingUniversity showed that more than half of those from Strathclyde'sethnic minorities had been physically attackedand even more had experiencedattacks on their homes.Ethnic minorities are now faced with the same kinds of raciallymotivated violence as in other parts of the UK lzzc;'

3.1g.2.3. The mediafinally decided to give the problemextensive coverage after the youths..Altlorg.hone had proven killingof a Somalistudent on 16 Januaryt-gee Oy three 'assault'. links with the NationalFront, he was sentencödto 18 monthsin prisonfor Chargeswere dropped against the secondand the thirdwas neverbrought to trial(225). 74 CHAPTER3

3.13.3. Wales

Recently,concern has been expressed about the involvementof membersof the National Frontand otherextreme-right groups with the extremeWelsh nationalist group, Meibion Glyndwr.

In July 1990there was a paradethrough Abergele to commemoratethe deathsof two terrorist'martyrs'whoblew themselves up attemptingto bombthe train carrying the prince of Wales to his Investiture.The marcherswere in paramilitaryuniform with a banner showingtwo Welsh dragonswielding Kalashnikov rifles against the '10 backgroundof a burningcottage wifh t!9 slogan mlyneddo losgi.Daw ein dydd'(10 yearJ of burning. Our day will come)(226).

OtherEuropean countries

3.14. Austria

3.14.1. There is potentialdanger of racism in Austria,especially in the form of antisemitism,as was demonstratedduring the controversysurroundingihe election of Dr KurtWaldheim as the new presidentin 1987(22?). 3'14.2. Accordingto a surveycarried out amongstudents in Viennain 1988,2Oo/o ol themconsidered the numberof AustrianJews to be severalhundred thousands whereas 12,8'bput thefigure at'more than a million'.In reality,the numberis no higherthan 8 000, i.e.,0,1o/o ol the populationlzza;. 3.14.3. What is alsoworrying, as mentionedin a previouschapter, is the progressof 'Freedom the FreiheitsPartei Osterreich (FPOe - ')with extreäe-right leaningswhich captured 10/" ol the votesin the electionof the prwincialgovernmeniof LowerAustria in October1988, gaining five seats,and madespectacular-gains in three regionalelections in March1989: Carinthia, Salzburg and Tyrol(28). This partytakes a hardline againstmigrant workers, particurarry yugoslavs, in-slovenia.

3.15. Switzerland

3.15.1. ln the lasttwo years,there has beena seriousescalation of violenceagainst foreignersand refugees/asylumseekers in theform of arson,armed machinegun raids on centresfor.foreigners or asylumseekers, etc. Officials carrying out an enquiry-intoa fire in 919olen.buildingwhich resulted in the deathsof fourtamits madeknown ön 16August 1989that it wasprobably a criminalattack. According to a journalist,Mr Frischknecht,ilho 'Never, specializesin theSwiss Extple Right, sincethelast war, has there been so many Neo-Nazisin Switzerläfld'(zso;.

3.15.2. The authoritieshave not alwaysbeen quick to act. In November198g, the policepresent at a transitcentre for asylumseekers in Steinhausen,in the cantonof Zug, did not interveneas 30 membersof a right-winggroup ransacked the centreand attacke? 'punishable itsco-ordinator. The police present did notconöider the incidentas a offence', CHAPTER3 75 butthe Swisspress denounced the scandaland recalledthat a similarevent happened at the endof September1989 in the samearea (23'). Such incidents have revealed that the countrylacks legislationto combat racism,antisemitism and certainfalsifications of history. 3.15.3. The lasttime the FederalCouncil was requestedto introducepenal sanctions '1985 againstracist acts was in and the replywas that suchmeasures would be presented böforethe end of 1987.... Reacting to incieasingpressure from MPsfrom boththe Left and Rightto institutepenal sanctions against the authorsof racistacts and to ratifythe anti-radismUN Convention,the Federa[Council promised on 13 December1989 that a full reporton all groupsadvocating violence would soon be issued(232). 3.15.4. An instituteexamining opinion surveys on Swissattitudes towards foreigners in the last ten years recentlyconöluded that xenophobiais on the increase:only 41% of Swisspeople have a positiveattitude towards foreigners, compared with 61%ten years ago. Xenophobiais strongestamong older and youngerpeople and workers,and more wldespreaäin the German-speakingcantons than the French or ltalian-speaking ones(233). 3.15.5. The worseningproblem is consideredto be relatedto the ever increasing numberof asylumseekeis. The numberof asylumapplications reached a peakof 24 425 in 1989(r*),an increaseof 46%over the 1988figure of 16726 (10913in 1987)('z35), whichwas itselfconsidered to be the highestnumber since the 1956Hungarian uprising.

3.16. Norway 3.16.1. Violentattacks on foreignershave increased four times in the pasttwo years and mostdramatically in 1989.There have been several murders and shopsand houses belongingto foreignershave been attacked with bombs,torches and firearms(t*)' 3.16.2. In May 1989,a bombwent off at the RedCross refugee centre at Eidsvoll,and narrowlymissed killing 49 asylumseekers (237). These violentincidents followed the announcementmade bn 14 October1988 by Mr A, Myrdal,ex-leader of the Folke- bevegelsemot lnnvandring (Popular Action Against lmmigration), of plansto armsome of 'civil its membersin preparationfor a war'(2s). 3.10.3. The numberof non-Europeansin Norwayis comparativelysmall. Pakistanis formthe largestgroup (11 O0O), followed by theVietnamese (6 000)and account must be takenof thosenoHing Norwegian citizenship. However, in the 1987local elections, the extreme-rightFremskiitspartle[(Progress Party) became the thirdmost important political formationhaving gained 12,2/" of the votes(23s). 3.16.4. This partytries to projecta more respectableimage than the Fremskridtin Denmarkwith whomthere are sömeties and,at leastin appearance,is not as violently opposedto the presenceof foreignersas the more extremeStoppinnvandring (Stop lmmigration)Pafi. 3.16.5. With only two seats in the Stortingfrom the 1985 nationalelections, the Fremskritspartietgained 22 seatsin the 1989national elections with 13%of the votes. 76 CHAPTER3

Opinionpolls had predicted20/o. As for Stoppinnvandring,it received about 8 gO0votes, about0,3o/o.

3.17. Sweden 3.17.1. Amongthe positivesteps taken to combatracism and discriminationare the approvalby the SwedishParliament of a billto appointan independentombudsman as of 1 July 1986and the tightening up of the RacialAgitation Act as of 1 January1989. A racist statementis now punishableeven if it has not been madepublicly or distributedto the generalpublic. lt is sufficientfor the statementto be distributed,for example,within a privateassociation (240). 317.2. Theborough of Sjöboin SouthernSweden became the object of a greatdeal of attentionwhen its localcouncil voted on 29 October1987 by 25 votesagainst24 to holda local referendumin September1988 on the receptionof refugeesl2al).Despite the nationwidecondemnations by all traditionalpolitical pafiies, both Leftand Right,against holdingthe referendum,it was heldas plannedand the 15000 or so inhabitantsvoteO Oy 67,5/"to 32,5%to end receivingany morerefugees (242). The incidentwas playeddown by an expefton Swedishattitude towards immigrants and immigration,Mr C. Wöstin,who claimedthat Sjöbo was an exceptionand that the Swedishpositive attitude towards foreignershas remainedunchanged (ro.). 3.17.3. However,last summerthere was a seriesof violentracist incidents between refugeesand Swedishyouths in smalltowns such as Eskilstuna,Lesjöfors, Överum and Jönköping,to name just a few. Some examplesare: A refugeewas nearlykilled in Jämtlandafter a bomb placedunder his car exploded.An Eritreanfamily-in Aneby (Smaland)was attacked in themiddle of thenight when a Ku KluxKlan style gahg of youn! Swedishyouths, dressed in Klanoutfits, burnäd a crosson theirfront läwn. HunOräOs o-t Swedishand immigrantyouths have foughtout gang wars in Eskilstunaand Lesjöfors (Värmland)in bloodybattles that made back-pagenews in severalSwedish newspapers. Polic.e.andimmigration officials have tendedto describethese incidentsas 'youthful pranks'(2aa).

3.17.4. As in severalother countries, the cemetery for the victims of Naziconcentration camps(mostly Soviet, Yugoslav and Hungariandeportees) in Lundwas alsodesecrated in May 1990.Tombstones were damaged and crosseswere smashed(2as).

3.17.5. In addition,the BritishNational Party is knownto be activelycollaborating -Xeepwith the extreme-rightSwedish racist association,Bevara Sverige Svenskt (BSS - SwedenSwedish).

3.18. Finland

3.18.1. Thisis the onlycountry where its extreme-rightparty, the SuomenMaaseudun Puolue(SMP - CountryPaü of-Finland),is declining,lvnän ifcapturedg,To/o otthe votes 1ntll_e 1.983 legislative elections with promises such as solvingthe unemploymentproblem in 15 days, the SocialDemocrats gave it the portfolioof tvtinistryof Employment.Since then,its popularityhas fallen(246). 77 CHAPTER3

3.1g.2. Besides,there is an insignificantnumber of foreignersthere, and refugees accountlor only 1 500. Another500 will be acceptedduring 1990. 3.1g.3. As a newmember of theCouncil of Europe,it is bringingforward new legislation to grantforeigners more rights.

3.19. Eastand CentralEurope (of the WarsawPact) and 3.1g.1. lt is difficultto measurethe extentof xenophobiain the countriesof East not only CentralEurope which are now undergoingchanges towards democracy. This is and becauseof thesmall number of toreigäeriinsuct countries,but also because racism antisemitismhave always been conäidered as exclusiveproblems of capitalism. which 3.1g.2. As the economiesof allthese countries undergo necessary restructuring ü aireaOyresulting in a largenumber of job lay-offsand highunemployment, foreigners, both migiantworkärs and itudents,are comingunder increasing insecurity. during 3.1g,3. Therewere recentlybloody riots in differenttowns in Czechoslovakia whichVietnamese students were attaäked, resulting in deadand wounded on bothsides' The There were also severemuggings of CzechgypSes by extreme-rightskinheads' in Pilsen situationhas been described as'increasingty ten3b' and 2b Vietnamesestudents wrote to presidentHävel to plead for thär security1241. As a result,Czechoslovakia *91[ej: announcedthe progreisiverepatriation of the 37 0Oöor so Vietnamesemigrant 24 000 and a similarannouncement appeared in a Bulgariannewspaper concerning the Vietnameseworking there (248). these 3.1g.4. Antisemitism,which has largelybeen played down by the authoritiesof As a countries,includin! the' lzis;,'is maniiesiing itself in a veryalarming way' resultof the Hotocäustand emigrationthere are nowscarcely 20 009!9y: in Roumania' 70 000in Hungary,S OOOin Czeihoslovakia,under 4 000in Poland,2 500in theGDR and about2 000 in Bulgaria(2so). were 3.19,5. Duringthe electioncampaign 'thräateningin Hurtgary last March,stars of David painted on posters and leaflets Jealn to the Jews were distributed' Antisemitismis stiiiu",y Jtrongin Hungarywhoie capitalcity had a pop.ulationof 203000 (Zg%of the totalpopula-tion) at ine'neginningof this century,Antisemitic Austrians Jews 'Judapest'. usedto callthis capital

3.19.6. German Democratic Republic the 3.19.6.1. As it is onlya questionof timeas to whenthe GDRwill be unifiedwith FRG, the disturbingsigns of xenophobiaand racial hatred in the GDR, including (251)' antisemitismand tnä gröwingskinheäd movement, give causefor muchconcern of 3.19.6.2. Of the 200000 foreigners in the GDR,only 50 000 havea permanent_right residence.The others- mostly-Vietnamese(60 000). Mozambicans (16 000)' Cubans (9 OO0)and Poles(i OOO)do sfecificwork unäerinter-governmental_u919:ttnts which will not be renewedwhän they expire,mostly in the next few years(2s2). Moreover, 78 CHAPTER3

expectingto implementstaff cuts in future,some firms in EastBerlin have already started unilaterallyto end employmentcontracts with thesemigrant workers. 3.19'6.3. The violentattacks, mainly against black workers and students,have been takenseriously by theauthorities and thosä arrested often receive severe sentences (zs3). Thereis alsostrong xenophobia against poles (25a). 3.19.6.4. According.!9-a {udy by a researchinstitute in Leipzigshorily before the changesin October1989, 5o/oof ihe innabitantsof this town näO an extreme-right tendency,double the nationalaverage. Foreign workers, such as Vietnameseand poläs, and BlackAfrican students have alwaysbeen separatedfrom the nativepopulation (zss). Anotherbtudy, carried out by the Centiallnstitute for YouthResearch, con'clrded that one of everyfour studentsand apprenticeshate foreigners (2s6), 3-19.6.5-.-.. Despite the rathersmall number of Jews in the GDR (seeabove), of whom about200live in EastBerlin, antisemitism is so strongthat in a letterioRabbi Hiär, Dean of the Simon WiesenthalStudy Centreon the Holoöaust,,interim prime 'fear Ministerbefore the March1990 elections in the GDR,wrote that the of resurgenceof ,racism and antisemitismin the GDR is absolutelyjustified'ft). Aniisemitic graffiti are-nowquite common in EastBerlin and the Jewishcohmunity there receives an averageof threeto five threateningletters per week.Jewish cemeteriös have quite often beendesecrated and the mostreCent tombstones to be coveredwith antisemiticinsults werethose of BertoltBrecht and his wife,H. Weigel(2s). Since the removalof the Berlin Wall,.twoopenly antisemitic political parties navä appdared:the DeutscheAlternativen and the FreiheitlicheDeutsche Arbeitspartei. 79

NOTES

Foreword (') Some of the most blatantcases of discriminationinclude the rulingin the GravierCase on foreignstudents, including EC-nationals, to 1g.2.gSwhen Belgium was condemned for requiring 'minerval'. pay a suppleme-ntaryregistration fee for tertiaryeducation, the Followingits was condemnedagain on 3.2.88in three ietüctanceio comptyi"itn ine Court'sruling, Belgium 'minerval' new rulingsof the'Court of Justiceaga'inst tie paymentof the (see Migration Newssheä,May 1g87 and March 1988). ln mattersof fämi[ allowances,France was ordered by the Courton 15.1.86(the Pinna Case, No 44184)to put an endto the discriminatorysystem of payingCommunity migrant workers a lowerfamily allowance il the childrenreside in thecountry bt ärifrn.In the faöe of-France's persistent refusaito comply, the matterdragged on until13.6'89 'social at a äeeting of the Affairs'Council when a compromisewas reachedbetween France andthe 11 otherMember States (see Migration Newssheet, July 1989). On 16.-6.87,itwas ltaly's jobs turnto be condemnedfor discriminatingägainstEC nationalsin so-calledpublic service by grantingEC citizenslimited two-year contiacts at the NationalResearch Council whereas their Italiancoleagues received permanent ones (see Migration Newssheet, July 1989)' The situation is worsein äelgiumwherä simple, ordinai postJin the publicsector are also reservedfor Belgiannationais (see Le Soir,6.4.90). Until'the Court's ruling on 18.5.89,the FederalHepublic of dermanywas abusing the applicationof a 1968EEC directive stipulating that EEC nationals must have decentlodgings tö obtaina residencepermit. The authoritiesthere sometimes inspectedthe lodgingsagain when the permitwas up for renewal. (') continuinghis reply to the questionraised by MrThomas Maher (LDR, IRE), Mr Sutherlandsaid (see that ,it wöuld be preferablethat complainisbe made throughthe petitionprocedure' MigrationNewsshäet, July 1987). At thö hearingof the Committeeof Inquiryon 3 May1990, the Commissionerfor Socialhffairs'andEmploymönt, Ms V. Papandreou,acknowledged that very few EC nationalswere awareof the petitionprocedure. 'to f) Inthe SingleEuropean Act, the 12 MemberStates voice their determination worktogether to promotedimocracy on the basisof fundamentalrights recognized in the constitutionsand laws of the MemberStates, in the Conventionfor the Piotectionof HumanRights and Fundamental justice'' Freedomsand the EuropeanSocial Charter, notably freedom, equality and social 'Law on (') euoted from a lawyerparticipating in a colloquyentitled and Discrimination',heid 19-20.6.87in Paris,organize'd by-human righis'associations such as MRAPand LICRAto evaluatethe 15years oith" appliiationof the-1.7.1972law against racism (, 26.6'87)' 'New - Reporton the conferenceon Expressionsof Racism GrowingAreas of Conflictin f) of Europe',held in the AmsterdamCity Hali on 1g-21.10.87.lssued by the NetherlandsInstitute Humänhignts (SlM), Utrecht, Special lssue No 7, 115pp. Equallyinformative are the following publications: 'Vous A. Spire(ed.): avezdit Fascismes?',Ed. Montalba,Paris, 285 pp' 'New pp. p. Gordoh& Fr. Klug: RightNew Racism',Searchlight Publication, London, 70 'Thö Variousauthors: NewRigh-t, lmage and Reality', Runnymede Trust Publication, London 56 pp. 'Racisme'scientifique"- Ed' (u) ChapourHaghighat (1988): Offensivecontre l'Ögalitd sociale', L'Harmattan,Paris, 264 'Psychology,PP. MichaelBillig (1979): Racism& Publications,, 40 PP. 80 CHAPTER3

Belgium 'Racism 0 Eurobarometer,Public Opinion in the EuropeanCommunity, Special issue on and Xenophobia',Commission of the E.C.,November lggg. (') WorkingDocument by Mr E. Gtinne(pE 199.226). (t) WorkingDocument by Mrs M, van Hemetdonck(pE 199.1S4). ('o) S. Lucki(1990): Le racismeet sa röpressiondans la loi belge'in MRAXInformation, No 5g, March1990. (") op. cit.,note g. (") Solidaire(18.4.90), Brussels. 'victim', (") Mr Pepermans,an MP (Agalev)expressed surprise at the speedat whichthe Mr H. Simonet,an MP of the PartiRdformateur Lib6rai (PRL) obtain'ed satisfaction (Le Soir, +.jz.an. ('o) Le Soir,10.3.88. 'We ('u) The recordedstatementof Mr Michel(PartiSocial-Chrdtien - PSC)was: riskbeing like the - Romans invadedby baöarians.The barbariansare the Morocbans,Turks, yugoslavs, the lslamicpeople ... You cannot callthem anything else. They are people who come fäm veryfar away and who have nothingin commonwith our civilization'(Migraiion Newssheet, December 1987). One of the many unsuccessfulcases concerns a complaintfiled by an anti-racistassociation againstthe extremeright association, DELTA, whose posters and text speakof non-Europeans who'invadeand attackBelgians who will sooncease 'discourleous' to exist'.The BrusselsCourt of Äppeal simplyjudged DELTAto be (MigrationNewssheet, October 1gg7). (") op. cit.,note g. (rt) La LibreBelgique, 30.1.90; Le Soir,1.2.90. (") Le Soir,2.2.90. (rt) Migrationfrlewssheel, February and March 19g7. (ro) For details,see: La LibreBelgique, z,zs,1T.1'l.gg; Le soir, g,g,1g/1g,2g.11.g9;De standaard, 14,1 8,1 7.1 1.89 & 2-3.12.89. (t') Afterleaving the PRL,he formedhis own listwith the acronym,NOLS - NouvelleOrganisation de Libdrationde Schaarbeek. 'The (rr) This Socialislmayor, Mr C. Picque,is also againstbanning the notice ownerreserves the rightof entry'on the frontdoor or windowof Ätaurants, bais, etc.which is quiteoften used as a pretextto refuse entry1o foreigners.He considersit indispensablefor ownersto keep out drunkards(Le Soir,7.4.8e]l. He was also one of the two authorsof a policydocument submitted to the BrusselsFederation of the SocialistParty (adoptedon 16.6.87whn t59 in favour,two againstand 30 abstentions)calling for, i.a., a haltto all formsof immigration,tougher measures to expelirregulars and delinquents(of foreign origin), spreading out of-theimmigränt populations and strictcontrol of lslamicreligious lessons to-combat fundämentalism, as well a'sno voting rightsfor foreignresidents. ln addition,the authorsaccuse the right-wingparties of havingbeei too sott in dealingwith expulsions(see MigrationNewssheet, J-uly tsa'/1. r1 MigrationNewssheet, December 1989 and February19g0. The Ministryof Educationhad not onlyrefrained from taking action, but alsoprovided other boroughs with a pretextto takea similar measure.According to this Ministry,a royal decree of 3.5.7-8provided for the setting up of committeesto supervisetemporal matters of recognizedlslamic communities, As this decree 'not has neverbeen implemented, local authorities can claim to be concernedby the agreemenl' betweenthe NationalMinistry of Educationand the lslamicand CulturalCentä in Brusselson lslamicreh:'gious courses in localschools (See also: Le Soir,4.4.89 and MigrationNewssheet, May 1989). CHAPTER3 81

(to) MigrationNewssheet, July 1986, ('1 MigrationNewssheet, October 1986. (*) Le Soir,28.4.1988. (rr) La LibreBelgique, 2.5.1988. (*) Le Soir.16.12.88. rr) Le Soir,10 & 18/19.6.1988.Mr Nols'departurebrought no realchanges: this borough's council voted a new rule in June 1989 makingit illegalas from 23,6.89for publicplaces, cafds, restaurants,shops, etc. to put up signs in a non-EOlanguage under the pretextof favouring integration.The Councilclaimed that non-EClanguage signs 'cannot be understoodby the Belgianpopulation and will notfail to createan atmosphereof aggressionand insecurityand that is excessivelyharmful to publictranquillity and to the upkeepof goodorder in publicplaces'. This rulehad to be withdrawnas it violatedArticle 23 of the BelgianConstitution, Articles 10 and 14 of the EuropeanConvention on HumanRights and Article 23 of the UN Conventionon Politicaland CivilRights (see Migration Newssheet, July 1989). (*) In reality,the overwhelmingmajority of foreignersis not affectedby this law. lt gave rise quite oftento unduefears and has hadthe perverseeffect of discouragingimmigrants from moving, as they wereafraid of beingrefused registration elsewhere, thereby aggravating the concentration of immigrants,which the law aimedto avoid!Derogations were made in manycases and the victimshave mainly been poor foreigners and asylumseekers (La LibreBelgique, 26.4.90; Le Soir,18,26,27.4.90). (rt) Le Soir,21122.4.90. (*) La LibreBelgique, 18.4.90. (*) Le Soir,10.5.90; La LibreBelgique, 10, 11.5.90. (*) Le Soir,29i30.9.87. (tu) Le Soir,5.8.88. (*) VlaamsBlok receiveda totalof 23 councilseats in .lt received17,77o of the votes in Antwerp,giving it ten seats on the city's council. The Nieuwe Partij (the'New Party'which existed officiallyonly for the election),even more extreme,gained 17oof the votes (about2 600) in Antwerp. Unlike other nationalfront movements,Vlaams Blok is not antisemitic,at least accordingto the otficialparty line (see MigrationNewssheet, November 1988). (rt) The RoyalCommissioner for lmmigrationand her Deputywere appointed by RoyalDecree on 7 March1990. 'L'int6gration, (rr) The reportis entitled, une politiquede longuehaleine' 700 pp. (") Statementby Mr BrunoVinikas, the Belgianrepresentative to the Committeeof Inquiryat the meetingheld in Brusselson 30 January1990 (PE 139.432).

Denmark (oo) MeredithWilkie (1990): 'Racial Discrimination in Denmark',Danish Centre for HumanRights, Copenhagen,88 pp. (o') Workingdocument by Mr E,H,Christiansen (PE 139.296). 'Anyone Paragraph266b states: who publiclyor with the intentionof disseminationto a wider audienceexpresses an opinionor makesany other statement threatening, insulting or degrading a groupof personson the groundsof their race,colour, national or ethnicorigin, religion or sexualorientation shall be punishablewith a fine,detention or imprisonmentfor upto twoyears'. f1 MigrationNewssheet, June 1989.'The Danish Supreme Court did notfind that the interestsof freedomof expressionon topicsand events of generalconcern were such as lo warrantacquittal 82 CHAPTER3

whenconfronted with the interestsof protectionfrom racial discrimination' (See also contribution by Mr HansJENSEN - PE 140.241). (o') MigrationNewssheet, August 1986. (oo) op. cit,, note 41. lmmigrantshave also been victimsof systematicharassment, including threateningletters and phonecalls. In 1987in the @sterbroquarter of Copenhagen,the police wereunable to keepsuch racist gangs under control and the immigrantshad to resettlein other partsof the city (seeMigration Newssheet, June 1987). (ou)op. cit., note 41. (ot) Thereare at present15 as the positionof the 16thmember depends on the outcomeof criminal chargesthat are pending. (ot) MigrationNewssheet, June 1988. (*) MigrationNewssheet, June 1990. f') Politiken,17.4.1988. (to) MigrationNewssheet, August 1989. (ut) op. cit.,note 41. (ut) Vinduet,5.4.90, Copenhagen. (ut) MigrationNewssheet, October 1987, April 1988 and Februaryand August1989. (*) MigrationNewssheet, April 1988.

Federal Republic of Germany (tt) Art 1(1)states: 'The dignity of manshall be inviolable.To respectand protect it shallbe theduty 'No of all Stateauthority' and, according to Art3(3): onemay be prejudicedor favouredbecause of his sex, his parentage,his race,his language,his homelandand origin,his faith,or his religiousor politicalopinions.' (tt) Statementby Mr Haberland(PE 139.276). (') Workingdocument by Mrs C. Roth(PE 139.279) (*) Forexample, on 1 July 1986,a Hamburgcourt sentenced a bandof skinheadsto prisonterms rangingfrom three and a halfto tenyears for the murderof a Turkishworker in December1985. Althoughthe band had provenlinks with extremeright-wing groups in Hamburg,the judge refusedto acceptthe viewthat the killingwas raciallymotivated and ruledthat, in his view, revengewas the main motive.(Frankfurter Allgemeine Zeitung & SüddeutscheZeitung, 1, 2.7.1986). fn) Tageszeitung,26.8.88; Stuttgarter Zeitung, 30.6.88 & 1.7.88;Stuttgarter Nachrichten, 28.6.88, (uo) FrankfurterRundschau & SüddeutscheZeitung, 16.1.89. (t') op. cit.,note 57. f') Hisbook, 'Ganz Unten' ('The Lowest of the Low'),and film with the sametitle, was the resultof two yearsof 'undercoverwork' during which he disguisedhimself as a Turkishworker (called 'Ali'),accepting all kindsof 'dirtyjobs', as wellas dangerousassignments. He not only had a 'Ali', numberof lawsuitsfiled againsthim by firms who had employed but also received numerousdeath threats, not to mentionthe buggingand the wiretappingof his telephone.He was eventuallyobliged to leavethe FRG to take up residencein the Netherlands,near the Dutch-Germanborder. (ur) One exampleamong many is that of a Turkishresident in the FRG for 16 years who was sentencedto two and a half years' imprisonment.After 20 months,he was releasedfor good behaviour,only to be deported,leaving behind his wife and children (see Migration Newssheet, CHAPTER3 83

February1987). Many non-EC families, mainly Turkish, have also been atfected by the Federal Government'sdecision of 2.12.81,recommending certain criteria to the FederalStates with the aim of restrictingthe immigrationof spousesof foreignersin the FRG.The partnerin the FRG wouldhave to havelived there for eightyears and the marriageto havebeen of at leastone year's duration.The States of Bavariaand Baden-Württemberg,however, increased the marriageperiod requirement to threeyears. In November1987, the FederalConstitutional Court decidedthat a three-yearperiod was too longa timefor a spouseto waitto unitewith his/her marriedpartner and that such a requirementwas against the Constitution.The Governmentof Bavaria,however, refused to informforeigners of the Couil'sdecision, claiming that the persons concernedcould learnfrom socialworkers and their own news service(see Süddeutsche Zeilung,11.12.87 & MigrationNewssheet, January 1988). (to) Articleon the 4th WorldRomany Congress, held in Warsawin The Economist21.4.1990. fu) MigrationNewssheet, December 1986. (*) Blackswere victims of Nazipersecution in the sameway as gypsiesand Jews.Now they are 'social sufferingfrom death'bybeing ignored by society.See: Frankfurter Rundschau, 9.12.86. They havetheir own publicationcalled Afrekete (Friesenstr. 12, D-2800Bremen). (ut) Thesevideo games have commentaries like 'Play in Treblinka','Clean society of all parasites', 'When thegas has accomplished its work, you will have won'. The player gains points by'killing' Jews,Turks, homosexuals and ecologists with the soundof 'Deutschlandüber alles' (Germany beforeeverything else) (La LibreBelgique,26127.3.89). 'dangerous (tt) Thesegames portray Turks as non-Aryans'who destroysociety, One of the waysto destroythem is the concentrationcamp (FrankfurterRundschau, 19.3.90). (ut) These figureswere put forwardin 1987 by a SociologyProfessor in Cologneafter a studyof severalyears. He claimed that the figures were higher in ruralareas (Die Welt, 22.5.87). This has beenconfirmed by studiescarried out by theAllensbach-based opinion poll organization 'lnstitut für Demoskopie',mentioned in MrsRoth's working document (op. cit.). The lnstituteclaims that thepotentially antisemitic proportion of WestGermans has remained relatively constant, at 15to 20%,since the 1950's. 'The ('o) GillSeidel (1986): HolocaustDenial - Antisemitism,Racism & the NewRight', Beyond the Pale Collective,Leeds, 202 pp. (") InternationalHerald Tribune, 6/7.1.90. ("1 FrankfurterAllgemeine Zeitung & SüddeutscheZeitung, 5.1.90; Neue Zürcher Zeitung, 6.1.90. (") WorkingDocument by Mr WilliRothley (PE 139,153). ('o) StuttgarterZeitung, 25.1.90; Frankfurter Rundschau, 1,12.2.90; Süddeutsche Zeitung, 6.2.90. (^) DieWelt,25.1.90. (tt) Der Spiegel,September 1989, quoted in doc.PE 139.279,op. cit.,note No 57.

Greece (") Workingdocument by Mr P. Avgerinos(PE 139.278). (") Statementby Mr Ekonomidis(PE 139.277). (tn) Law92711979 prescribes penalties for acts or measuresaimed at racialdiscrimination.Article 25 of LawNo 1419/1984adds religious discrimination to discriminationon the groundsof raceand ethnicorigin which is coveredby Law No 92711979.Article 4 of the GreekCivil Code provides thatforeign nationals shall enjoy absolutely equal rights with Greek nationals and, according to Article5 (2)of the 1975Constitution, 'all persons living within the Greekterritory shall enjoy full protectionof theirlife, honour and freedom irrespective of theirnationality, race or languageand of religiousor politicalbeliefs (...).' 84 CHAPTER3

'The (to) COMMISSIONREPORT: SocialIntegration of Third-CountryMigrants Residing on a Permanentand Lawfulbasis in the MemberStates' (SEC (89) 924 final),22.6.1989. (t') GreekNews, 5-12.2.90. (tt) GreekWeekly, 5.2"90. Greecerecognizes only the religiousidentity of the minorityand referencesto ethnicityhave beenbanned since 1987, Athens News, 9.2.90. (*) ,2,4.90. (*) op. cit.,note 77.

Spain (tu) Contributionof Mr MorenaCatena (PE 139.214)at the hearingof the Committeeof Inquiryin January1990. (*) 'Los lmmigrantesen Espafra',issued by DocumentaciönSocial of CäritasEspafrola, 1987, 376 pp. The dossierclaims that after the amnestyperiod for irregularmigrants (July 1985 to March 1986),there were stillabout 320000'irregulars', prior to the introductionof the new law on foreignerson 1.7.85.The amnestywas a failure.Only 12,5%had theirsituation regularized, representinga rnere 167"ol all cases presentedsince the prerequisiteswere too stringent. (tt) Cambio16, 7.12.1987. (*) Cambio16, 21.3.1988. (tt) Summaryof reportin El Pafs,18.4.90. (*) op. cit.,note 85, (r') ln May 1988,the parents'association of the La SalleCollege of SantaColoma de Ferners (Gerona)voiced, in a letter,its oppositionto the entryof 11 blackchildren of Africanagricultural workers,mostly Gambians. The CollegeDirector affirmed his totaldisapproval of the contentsof this letter(see El Pais,22.5.88). (tt) El Pafs,6.1 1.1989. The organizers also praised the petition presented to theConstitutional Court by theOmbudsman (Defensor del Pueblo) against the Organic Law of 1,7.1985 on therights and freedomsof foreigners.The petition,which criticized this law for denyingcertain fundamental humanrights, such as the rightof association,resulted in a positiveruling by the Constitutional Courtabout two yearsearlier. However, public authorities, especially the police,misapply certain principlesof the July 1985law and humanrights abuses continue. See summary of the Annual Reportby the Defensordel Puebloin El Pais,18.4.90. (*) El Pais,8.11.87; Migration Newssheet, December 1987. (to) El Pais, 22.12.1987. (tu) op. cit.,note 85. (*) The Guardian,19.7.86; Migration Newssheet, August 1986. (tt) El Pafs,9.10.86. ft) 45 gypsychildren aged betweenfour and 12 of the communityof Ripolletin Barcelonawere deniedentry into the localschools in 1988for the secondconsecutive year on the groundthat theyhad not been 'sponsored' (El Pafs,5.4.88; see also:El Pafs,19.4.88). Later in September, beforethe start of the academicyear, the responsiblealderman announced a new measure obligingthe 45 childrento providemedical proof of goodhealth, considering this measure logical as thesechildren may transmitany kindof disease(see El Pais,14.9.88). (*) WorkingDocument by Mr Juande DiosRamirez Heredia (PE 140.275). ('m) Quotedfrom Mr Juan RamlrezHeredia, op. cit., note 99. CHAPTER3 85

France (101)Working Document by Mrs Elmalan(PE 139.260). ltoz)He was killedin the bombingof the immigranthostel in Nicein December1988. 11 otherswere injured.Le Monde& Libdration,20121.12.1988. (1ß) MigrationNewssheet, September 1987. 'Harki' (t*) A is a Frenchnational of Algerianorigin who fought on the Frenchside during the Algerian Warof Independence.They are in the unenviablesituation of beingdisliked by North,Africans in France,in particular,Algerians, who treatthem as traitors,and discriminatedagainst by the French,who look down on them as Arabs.Their children, also Frenchcitizens, are confronted with very high unemploymentand many take to alcoholand drugs, with some requiring psychiatrichospitalization (see Libdration, 8.9.88). ltos;That same day, a Tunisianwas stabbed to deathafter a quarrelwithan ltalian,and a Moroccan died of knifewounds after a disputein a bar in which he refusedto pay his bill (see Migration Newssheet,August 1 989). (t*) Le Monde,1.9.87. The articlepoints out that negativefeelings against foreigners are now acceptableand openlyvoiced and that it is moredifficult to convictsomeone for makinga racist remark.Nowadays, people who do'not likeArabs'say so openly;speaking of 'foreigninvasion' 'polemical' 'admissible' is a expressionof an degree;racists, instead of denyingbeing such, admitopenly their feelings in thename of 'honesty'.Complaints against people for racistremarks aredismissed for reasonssuch as lnotexceeding the limitsof simplepolemics'or'expressing a politicalopinion'. Whileit is ditficult,if notvirtually impossible, to convicta policemanfor makinga racistremark, foreignerscalling policemen racists face quick conviction for racismif theydare call a policeman 'sale a Frangais!'(Dirty Frenchman) - see Le Monde,24.12.87 and Lib6ration,8.9.89. ltoz)Le Monde,29,3.90. (t*) On 5.12.86,an Algeriannational was killedby a drunkenpoliceman as he triedpeacefully to break up a fight. The next day, a Frenchstudent of Algerianorigin was beatento death by policemen,Between these two deaths,racists emptied a jerrycanof petrolon an Algerianwho becamea humantorch (see Migration Newssheet, January 1987). Recently this year a French youthof Algerianorigin was shot three times in the backat closerange by a policemanwho felt threatened.He was accompaniedby anotherpoliceman and the youth was handcutfed. (1@)Another victim was the managingdirector of a computerfirm who was alsoa friendof the MP who chairsthe Committeeon Social,Family and CulturalAffairs of the NationalAssembly. Le Monde,13.4.89. (110)Migration Newssheet, April 1990. The appealof the PublicProsecutor's Office in Marseillesagainst the decisionto releasethe policeofficer responsible was turneddown. On 15 May 1990,a court in Aix-en-Provence confirmedthe officer'srelease (Lib6ration, 16.5.90). (t") Le Monde,27128.9.87. (112)Contribution by Mr Joinet(PE 140.240). ("t) On 29.4.87,Mr P. Seguin (RPR),the then Ministerof Social Affairs,spoke before the Commissionfor HumanRights and claimed that the legalmeasures aimed at combatingracism and the specialpolicies of favouringthe integrationof foreignersinto Frenchsociety were far from reachingtheir target.At his initiative,the NationalAssembly unanimously adopted on 11.6.87amendments to the 1972 anti-racistlaw aimed at extendingto associationsthe possibilityof institutingcourt action in casesinvolving individuals who claimto be victimsof discrimination(Migration Newssheet, July 1987). He alsoproposed the setting up of a structure of mediationand communicationwith immigrantswhich would be underthe responsibilityof a 86 CHAPTER3

well-knownperson whose tasks would includeintervening in situationsof conflictregarding accommodationor injusticeinvolving youths of foreignorigin (Lib6ration, 30.4.87). Almost three years later,Mr M. Rocardput forwardthe same proposal.Earlier that same month,the State Secretaryin chargeof HumanRights, Mr C. Malhuret(UDF), implicitly referring to the Front National,declared on televisionon 13.4.87that the problemsof coexistenceamong ethnic communitiescould not be solvedby 'shoutingdown in publicthe headsof associationswho work in favourof immigrants'or'by organizingdemonstrations tarnished by confrontation'(Le Monde, 11,17118.4.87;see alsoLe Monde,2.7.87\. However, when the GaullistMP, Mr M. Hannoun (RPR)issued his majorreport in November1987 entitled'L'homme et l'esp6rancede I'homme- rapportsur le racismeet la discriminationen France'(218 pp.), his proposals came under attack from his own colleagues(see Migration Newssheet, December 1987 and January1988). (114)This incidentwas precededby fourother similar ones in the region: 12.2.1988:the premisesand a minibusof an lslamicCultural Association near Nice were intentionallydamaged by fire; 9.5.88:a gas bombexploded in anotherimmigrant hostel, injuring two persons; 8.6.88:an explosivedevice which was foundunder the car of the directorof SONACOTRA (whichmanages immigrant hostels) in Nicewas defusedin time; 4.10.88:a jerry-canof ignitedpetrol was thrown into the AlgerianConsulate in Nice,causing a fire(Le Monde & Liböration,20121.12.88). ltts; The proposedmeasures were: (1) put an end to the practiceof peoplemaking statements incitingracial hatred under the pretextof freedomof expression;(2) extendthe applicationof the 1972anti-racist law to some'privateplaces', instead of exclusively'publicplaces'; (3) people convictedfor racismmay losetheir civil rights;(4) establishan arbitrationprocedure in case of discriminationto ensurethat tensions in placesof conflictbe eased.However, the billthat was passedon its firstreading on 3 May 1990was morelimited in its scopeand application(see below). 1trelThe opinionsurvey, requested by the Informationand DocumentationService of the Prime Minister'sotfice, indicates that 90% of thosequestioned considered racism to be very or fairly widespreadand 83% recognizedthat North Africanswere the first victims of racism.76% consideredthat there were too manyArabs (too many blacks - 46/"; too manyAsians - 40"/"i too many Jews - 24o/o\.Aversion is probablystrongest against Arabs (39%),followed by gypsies(36%), blacks (21o/"1, Asians (20%) and Europeansfrom the South(12%). Even North African youths of French nationality(beurs) are unpopular:only 22o/"o't those questioned 'Arabs'. consideredthe 'beurs'as French,whereas 45% classifiedthem as Moreover,the surveyconfirms strong xenophobia: 15% of thosequestioned felt that immigrant 'rather workerswere very well treated and 49o/"considered that they were well treated'.In addition,59% considered that they were a burdenfor lhe Frencheconomy and only 25% felt that they were 'an asset'.Besides, 47o/o (compared to 43% who sharedthe oppositeview) favoured sendingthem backto theircountries of originif they losttheir jobs (Le Monde& LibÖration, 28.3.90). (117)Under the new bill, those convicted for'the most serious violations' of racism/antisemitismwould be deprivedof the rightto be an electioncandidate for a maximumperiod of five yearsduring whichthe personwould be alsobarred from public posts. He/she would, however, retain the right to vote.Contrary to the initialdraft text, these sanctions would not be appliedto journalistsand directorsof publicationswho reporton racistremarks. This was considerednecessary to avoid situationssimilar to whathappened in Denmark(see above), ln fact,when carrying out opinion surveyson racism,statements that are clearly racist have to be formulatedto find out the opinionsof respondents(see Liböration,18.5.90). As for the newly introduced'offenceof revisionism',aimed at takingaction against those who deny the Holocaustand the existenceof gaschambers, it wouldonly concern crimes against humanity committed under the Naziregime and recognizedas such by the NuremburgTribunal. Moreover, the proposalto hold an CHAPTER3 87

anti-racismday of information,requested by the PartiCommuniste Frangais (PCF) has been replacedby an annualreport by the government. (r18)Lib6ration, 7,8.89, and the articleon the colloquyin June1987 entitled 'Law and Discrimination' in Le Monde,26.6.87. See also the bookissued 'Le by twoanti-racist associations: MRAP & LICRA (1989) Racisme'of390 courtrulings in casesof racismand discriminationin the last 40 years.Between 1.1.1986 and 11.10.89,there were 120 court rulings. (11e)The difficulty in provingracism is shownin the case of threeNorth Africans who tried to provethe existenceof racialcriteria of entryinto two nightclubs in Moulins(Central France). A journalist whooffered to helpthem entered the twoclubs, dressed with a tie and in bluejeans. The three Arab youths who followed him, neatly dressed and with a tie, were refused entry. The representativeof the PublicProsecutor denounced their action, saying: 'lt is notan enquirythat you havecarried out - it is a provocationand, in France,provocations are thrownout of the courtroom' (Libdration, 8.1.88). (120)Liböration, 7.8.89. ("') Le Monde,1.2.88; Liböration, 16.9.88: Migration Newssheet, March & October1988, November 1989,January & February1990, (122)Lib6ration & Le Monde,4.11,89. After his re-election,confronted with the FrontNational, which gained30% of thevotes, this (ex-) Mayor of Seine-Saint-Denis,Mr AndröDechamps, described 'pack 'Rather blacksand Arabs as a of hyenas'. thanaggress our poor,innocent women, they 'lf oughtto move(to work)',he said. they havenothing to do, let them go backto theirown country'(Libdration, 28.3.90). (123)Migration Newssheet, November & December1g89. 1tz4)An opinionsurvey of Sofres,published in Le Monde(6.1.89), the thirdof its kindin threeyears, confirmedthat as the Frenchpeople became better informed about Mr Le Pen,they tended to considerhim and the FrontNational as representinga danger for democracy.In three years, the percentageof peoplewho declarethat they wouldnot, under any circumstances,vote for the FrontNational, rose from 60 lo 77o/o. ltzs;Le Monde,11.6.88 and Liböration,10.6.88. ltze)Le Monde,24.11.89. ('27)According to the UDFcandidate, Mr Mattei,in a constituencyin Marseilleswho only managed a narrowvictory over his FrontNational rival, he met'forthe first time people who proclaimed their pridein votingfor the FrontNational'. An opinionsurvey carried out at the pollingstations in Dreuxreveals that 41% of FrontNational voters were very much influenced in theirchoice of vote by the debateover the lslamicheadscarf affair and another22o/o said that the debateplayed a somewhatimportant role. Equally disturbing is the indicationthat 35% of thosewho voted for the FrontNational (FN) candidate in Dreuxin thefirst round had never before voted for the FN.This percentageclimbed lo 41o/"in the secondround. (Lib6ration, 4.12.89; Le Monde,5.12.89). 1tza1On 16.11.87,Mr Le Pen was convictedfor provocationof racialhatred, discrimination and violence'in twoseparate judgments, one for a leaflethe publishedin March1983 and the other for his statementsin a TV programmein February1984. With regards to the leaflet,the judge ruledthat'ln wantingto persuadethe electors... that there are too manyimmigrants in France, thatthey are expensiveto society,that it is necessaryto reducethe numberof themor else risk losingthe identityof the Frenchpeople, Jean-Marie Le Pen is invitingthe readersto (take) discriminatorymeasures against them (immigrants).On his televisedstatements, the judge ruledthat'ln attributingto foreignersa negativeand evil behaviour, soon to menacethe French peoplein theirliberty and future, he (Mr Le Pen)is onlyinciting the latterto considerthem (the immigrants)as undesirables.He is provokingthe listenersto discrimination,hatred and even violenceagainst them' (see Le Monde,19.11.87). 88 CHAPTER3

Furthermore,on 28.1.88,the 14th Chamberof the Courtof Appealof Versaillesconfirmed the rulingrendered on 23.9.87by the DepartmentalCourt of Nanterrewhich condemned Mr Le Pen to päy a symbolicone franc indemnityto each of nine associationsand three survivorsof the deportatioÄswho filed complaintsagainst him (see MigrationNewssheet, October 1987), ln 'detail' describingthe gas chambersas a of WorldWar ll, the VersaillesCourt ruled i.a., that it was'consentingto the honible(event)' (see Le Monde,30.1.88). 1es1Libfration, 6.4,90. An increasingnumber of Mr Le Pen'sopponents fear that the lattermay be benefitingfrom allthe publicitysurrounding the requeststo lifthis parliamentaryimmunity. Such actionscän serveto reinforcetheimage he triesto projectof beinga'poor victim'anda'martyr' for expressingopenly views on immigrantswhich millionsof Frenchpeople supposedly share, but do not dare to say so. (tso)The Guardian,22.10.87. (131)Libdration, 8.12.87; Migration Newssheet, January 1988. ltoz)Le Monde,29.3.90; Lib6ration, 19.3.90. ('o) Le Monde,3.4.90; Lib6ration, ?/3.4.90. (134)Lib6ration, 1.3.88. lt hasbeen alleged that the Socialists,in controlof thiscity, are apprehensive of the negativefeelings of the local Frenchpopulation towards the mosque. 1rss1The Front Nationalobtained 25"/o of the votes in this boroughin the first round of the 1988 presidentialelection. The mayor,Mr A. Dezempte(RPR), who promised not to allowthe Muslim communityto builda mosqueand warned the local population that'the value of realestatewould fall by 30 io 60% if a mosquewere built,assumed office with 66,7o/oof the votesin March1989 (theieveralthousand strong Muslim community only had a roomin an old buildingfor worship and this was destroyedby a bulldozer).The Socialist-Communistalliance who favouredthe buildingof a mosquesaw their popularitydrop to 267oof the votes (see MigrationNewssheet, September1989). The Mayor'sdeputy was laterconvicted (in February1990) for incitingracial (Le Monde,9.2.90; ,8.2.90). A few discriminationduring the electoralcampaign 'hindering monthslater, on 14 May,Mr Dezemptewas himselfcharged by a courtin Lyonsfor the freedomof worshipand demolishing goods belonging to others(with reference to the lslamic prayerroom)' (Le Monde,16.5,90). 1tss1Le Monde,24.6.89; Lib6ration, 31.8.89. ltez)Le Monde,14.6.86. (,*) MN, September1986. The dead includedthe chairmanol SOS Franceand a formerFront Nationaicandidateat a municipalby-election in 1984.SOS France was supposedly the political wing of the 'Commandosde France'. lras;Le Monde,31.5.88, 1.6.88, 15.11.88; Lib6ration, 2.11.88 and the InternationalHerald Tribune, 14.6.88.In one of the mostserious incidents, 13 skinheadswere convicted in June 1988for unprovokedphysical violence against a French youth and three other French persons of non-Europeanorigin. The sentencespassed were light and the iudgeruled out racism(see Le Monde,6.7.88). (140)Le Monde,26.1.90. ffr) Le Figaro& Le Monde,18.1.90; Lib6ration, 10.10.89. 1ua)Le Monde,112.4.90. (143)Lib6ration & Le Figaro,11.5.90; Le Monde,12.5.90. Two other smallerJewish cemeterieswere desecrateda lew days earlier.On 4 May 1990, 22 tombstonesin the Jewishcemetery in Wissembourg(Northern Alsace) were found to have been overturnedand damaged.In anotherJewish cemetery in Yvelines,44 tombstoneswere discoveredin a similarstate on May 10, 1990(Libdration, 12l13.5.90)' CHAPTER3 89

(1+4)The formerpresident, Mr V. Giscardd'Estaing, could not be presentbecause of the opening sessionof the May plenaryof the EuropeanParliament in Strasbourg(Le Monde,16.5.90). At the EuropeanParliament on 17 May 1990,a resolutionreferring to the desecrationof the Carpentrascemetery was adoptedwith 167 votes in favour,12 against(members of the EuropeanRight) and one abstention(Lib6ration, 18.5.90).

1tnslLe Monde,17.5.90. That same day, a femaleteacher who had mentioned the desecrationof the Jewishcemetery to herpupils in relationto the 1949Universal Declaration of HumanRights was severelybeaten up by two attackerswho brokeinto her home. (t*) In 1989,the Directorof NationalHebdo and member of thepolitical bureau of theFront National, Mr R. Gaucher,wrote in the Novemberissue of his publication(with a circulationof about 100000): 'We are at the start of a tremendouspower struggle,a great planetarystruggle betweenthe internationalJewishmovement and the internationalChristian, first ol all Catholic, one. Dependingon the outcomeof this combat,which will be the greatreligious and political confrontalionof the year2 000,or of thisbattle, either Christianity will succeed in preservingits positionin the face of the fantasticforce of the Jewishworld, or else we, believersand non-believers,will come undera new religiouslaw, that of the shoah'(LeMonde, 15.5.90). Accordingto an opinionsurvey of CSApublished in Le Parisien(17.5.90), 55o/" of respondents consideredthe FrontNational to be an antisemiticparty comparedto 22/" whoheld an opposite view.Another survey carried out at the sametime, viz. on 14 and 15 May 1990,by Sofresand publishedin Le NouvelObservateur, shows that 66% of respondentsbelieve the FrontNational to be responsiblefor what happenedat Carpentras,The CSA surveyalso showsthat 96% of respondentswere shocked by the desecrations,but 35% (comparedto 56% holdingan opposite view)consideredit'normal'to make'remarks hostile to Jews'(Le Monde & Libdration,18.5.90). (147)Migration Newssheet, September 1989. ('4) Duringthe Nazioccupationof France,the same Field-Marshal P6tain, without being asked to do so by the Nazis,decreed a newlaw on the statusof Jewswhich; i.a., prohibited them from taking up postsof director,manager, editor of newspapers,reviews, bulletins, with the exceptionof publicationsof a strictlyscientific character, (14e)Migration Newssheet, October 1989. ('*) Le Monde,5,7,10.4.90. (1sl)Lib6ration, 28.3.90. (1s2)Migration Newssheet, May 1990,and Le Monde,1715190. (1s) Lib6ration,16.5.90. (1s) The administrativecouncil also decidedto requestthe Ministerof NationalEducation, Mr L. Jospin,to adopt lhe necessarymeasures so as to preventMr Notin from exercisinghis professionas of the nextacademic year (Le Monde,17.5.90).

lreland (lss)Working Document by Mr P. Cooney(PE 139.156). m1'Racial f Discriminationin lreland- Realitiesand Remedies',a HARMONYreport, March 1990, 17pp. (1s7)This Act was passed to complywith Article 20 of the UnitedNations 1966 Covenant on Civiland PoliticalRights, signed and ratifiedby lreland. 90 CHAPTER3

Italy (158)Evrigenis Report, December 1985, para. 11g. (15e)Written Statement made by Dr A. Cavaterra(PE 139.491). (1@)Working Document by Ms D. Valent(PE 140.464). (161)Corriere della Sera, 1.3.90; Migration Newssheet, March 1gg0. (162)Migration Newssheet, April 1990. (163)Migration Newssheet, April 1990; The Guardian,13.4.90. (1n) MigrationNewssheet, April 1990. 'Emergency (16s)The law,No 416, is entitled: regulationsgoverning asylum, the rightof entryand residenceof non-Communitycitizens and the regularizationof the statusof non-Community citizensand stateless persons already residing within the territoryof the ltalianState'. Article 1 dealswith the statusof refugeesand revokesthe geographicalreservation made by ltalywhen it signedthe 1967Protocol of New York. (lffi) MigrationNewssheet, April 1990. ('ut)op. cit.,note 159. (168)Lib6ration, 5,4.90; La Repubblica,4.4.90. (16e)Migration Newssheet, March & April 1987. (1i0)Migration Newssheet, June 1988. (1?1)Migration Newssheet, September 1989. ltzz;La Repubblica,7/9.10.89. 'Bergamo (173)The survey was carried out by a dailyin the North Oggi':62% of the respondentssaid that they wouldnever marry an ltalianfrom the South;66% were convincedthat the rise of delinquencyin the Northcoincided with the arrivalof Southernltalians and7C /o believed that incompetencewithin the public administrationwas caused by the predominanceof staff membersoriginating from the South.Only 32%of thosequestioned 'immigrants'as consideredthese ltalian an importantcontribution to the regionaleconomy. Libdration, 17.7.89.

Luxembourg ('7a)Written Statement by Mr MichelNeyens (PE 139.212). (175)Note 80. Seealso: Working Document by Mr R. Krieps(pE 139.155). (''u)op.cit., note 174. ('tt) Le Monde,14.4.90. ("t) op.cit., note 174.

The Netherlands (17e)Working Document by Ms M. van Putten(pE 139.239). ('80)ditto. (181)Document submitted by Mr H.A.A.Molleman to the hearingof the Committeeof Inquiryon 31January 1990 (PE 139.213). ("') In a statementissued in July1989, the Mayorof Amsterdamexpressed his shock at thefact that halfof all youngforeigners were without a job.He denouncedthis as discriminationand blamed the privatesector. NRC Handelsbtad, 4.7,89. CHAPTER3 91

('*) In her report,Maartje van Puttennotes that 'lt is interestingthat the majorityof localauthorities andhousing associations refuse to reportvoluntarily and onlyact underpressure from ptiblicity and the ethnicorganizations.', op. cit.,note No 178. Seealso article on the problemsof housingdiscrimrnation in the municipalityof Haarlem,NRC Handelsblad,23.9.89, 29.1 2.89. (144)The LBRis subsidizedby the Ministryof Justiceand is responsiblefor combatingdiscrimination by meansof investigationand legalaction. (185)This governmentinitiative was the resultof criticismvoiced by the UN Committeeon the Eliminationof RacialDiscrimination (CERD) which supervisesthe UN Conventionon the Eliminationof All Formsof RacialDiscrimination. Before the bill,no effectivemeans to prohibit racistorganizations existed in The Netherlands. See: AFdruk, No 28, October 1986, Amsterdam. ('tu)op. cit.,nole No 178. (te7)This right of individualcomplaint became etfective only in 1988.The Commission ruled in favour of a Turkishwoman who was dismissedby her Dutchemployer on racistgrounds when she becamepregnant. As the localjudge had approvedthe dismissaland an appealhad been renderedimpossible, the UN Commissionconsidered that the DutchGovernment had to pay compensationto the woman(see: Communication No 1/1984,Yilmaz-Dogan v. The Nether- landsin the Reportof the Committeeon the Eliminationof RacialDiscrimination, General Assembly,Official Records: 43rd Session, Supplement No 18 (A/43/18),NewYork, 1988). (1s) Accordingto the report,complaints of Moroccanand Turkishimmigrants are mostlyrelated to discriminationin the employmentfield, while persons of Caribbeandescent complain about racismin the personalsphere. Most complaints come from employees. Long{erm unemployed migrantsor independentmigrants can avoidcontacts with the Dutchpopulation and therefore havefewer negative experiences (see NRC Handelsblad,10.2.88). lres)In an interviewwith the NRC Handelsblad(11.5.88), the ChiefConstable of the Amsterdam Policeadmitted that discrimination occurs in theforce. Only 4/. (insteadof thetargeted 10%) of lhe forcebelongs to a minoritygroup. Ethnic minorities often leave the forcebecause of racial harassment.Besides, ethnic minorities often hesitate to join the policeforce. (1s) MigrationNewssheet, September 1986. (1s1)Migration Newssheet, April 1990.

Portugal (1s2)Written Contribution by Mr LourengoMartins to the hearingon 29/31 January1990 (PE 139.210). (1e3)Working Document by Ms M. Belo(PE 139.257). ('*) O Emigrante,9.3.90. (1e5)Diärio Popular & Diäriode Notfcias,29.10.89. (1s) Diäriode Notfcias,'17.1.90.

UnitedKingdom ('s7)Report by the RunnymedeTrust (1986), entitled'Different Worlds', which states that racial discriminationis 'tenacious,rampant and still on the increase'.lt reportson widespread discriminationin employmentand low-costhousing and intimidationby the police(see MN, October1986). (1s8), 23.10.86. 92 CHAPTER3

(1ee)The reportalso denounces the failureto employor to offerservices to ethnicminority citizens on equalterms with others and underlines that the numberof youngblack teachers is decliningas well as blackstudents in teacher{raininginstitutions, resulting in an ageingminority teacher workforce.The CRE warnedthat unlessthe trendwas reversed,there mighteventually be no moreblack teachers. The Times,9.7.87. (m) Forexample the articlein the DailyStar (17.5.89) calling Kurdish asylum seekers from Turkey "refugee' scroungers'. lzot)The Commissionfor RacialEquality was establishedby the RaceRelations Act 1976with the followingduties: (a) to worktowards the eliminationof discrimination; (b) to promoteequality of opportunityand good relationsbetween persons of ditferentracial groupsgenerally; and (c) to keepunder review the workingof the Act,and, when required by the Secretaryof Stateor when it otherwisethinks it necessary,lo draw up and submitto the Secretaryof State proposalsfor amendingit. (2oz)Two reportsissued by the CRE:one in 1987entitled'Living in Terror'andthe otherin 1988, 'Learning in Terror'.The laüer, publishedafter a two-yearinvestigation into racial abuse in educationalinstitutions in the UK,points out that racial harassment and violence in schoolsand collegesis widespreadand persistentand thatthe teachers,lecturers and parentsare as much to blameas pupilsand students. The Government responded by recommendingthat all schools keeprecords of all racialincidents involving pupils. See Migration Newssheet, April 1988 & June 1989. (zo3)The Independenl,24.4.88.Inanother article, The lndependent(9.12.88) reported on a pregnanl Bengaliwoman who lost her baby atter youthsset a dog on her. (zo4)The lndependenl,20/26.4.89and 'Blackand White Britain: the thirdPSI Survey'(Colin Brown, 1984). (205)Several campaigns have been launched to recruitmore ethnic minorities into the policeforce withoutmuch success. About 1% of policeofficers in Englandand Wales are from ethnic minority communities,although they make up 3,9%of the UK population(The lndependent, 21.12.89). Recently,Asian youths in East Londondecided to defendthemselves. Breaking from their traditionallypassive attitude towards racial attacks, they have formed a group of about 350 memberstrained in martialarts for defensivereasons (, 12.3.90). (206)For moreinformation on thisaffair, see MigrationNewssheet, February 1989 and subsequent rssues. (zo7)The Independent,15 & 17.1.90;The Guardian,19.1.90; The DailyTelegraph,25.1.90. (208)According to the Chairmanof the Commissionfor RacialEquality, most black people under 30 will have been sent to prisonor youth custodyby the year 2 000. Figuresshow that the proportionof blackpeople in custodywas twice that of theirproportion in the population.Black peoplehad fewer previous convictions than white prisoners sentenced for similar offences, were morelikely to be remandedin custody(The Times & The Guardian,15,9.88). His viewswere confirmedby the researchcarried out by the Instituteof CriminologicalResearch at Oxfordwhich revealsthat blackprisoners are discriminatedagainst in jailsand are givenworse jobs than whites.According to The DailyTelegraph (22.9.88), these findings were presented to the Home Officein December1986, but werenever published. lzos)An Asianpolice officer won the first ever case against the Nottinghamshirepolice force, alleging racialdiscrimination and harassment.The plaintiff'slawyer submitted to the industrialtribunal writtenexamples from reportsby Nottinghamshireofficers, in which colouredpeople were referredto as'coons,spooks, darkie, and nigger'. The Guardian,12.9.89; The DailyTelegraph, 12.9.89& 20.3..90;The lndependent,5.10,89 & 20.3.90. CHAPTER3 93

(210)ln March1990, a blackex-Grenadier Guardsman, the secondblack person ever to servewith theGuards, withdrew his racial discrimination case against the army, although he was supported by the Commissionfor RacialEquality and hadwon the rightto havehis caseheard before an industrialtribunal. His withdrawalfollowed advice by lawyersthat he was unlikelyto succeed (TheGuardian, 21.3.90). (211)Results of the researchcarried out by N. Jewsonand D. Masonof the Universityof Leicesterin SOCIOLOGY,vol, 20, 1989,No 1, p. 43.The authors suggest that management can manipulate the formalrules to theirown advantageand keepmanagement white and male. (212)Elisabeth Burney (1988): 'Steps to RacialEquality: Positive Action in a NegativeClimate', RunnymedeTrust, London. Ms Burneypoints out thatin spiteof legislationand campaignsto improvethe situation,non-whites have not made a breakthroughinto the mainstreamof economiclife. Job prospectsfor them remainas bad as when the Race RelationsAct was passedin 1968.ln itsreaction, the Commission for RacialEquality said that the report underlined its own findings:that it was twiceas hardfor blackpeople to get jobs as it was for whites(The Times& TheGuardian, 15.3.88). (2r3)One psychiatristat the conferencepointed out that the rateof diagnosedschizophrenia was 16 times higherfor British-bornblacks aged 16-19 years than for Britishborn whites (The 'Psychological Independent,25.1 .90). A studypublished in October1988 in thereview Medicine' alreadywarned that children of immigrantsfrom the Caribbeanliving in the UK wereup to ten times more likely than white childrento developschizophrenia in adulthood.The study concludesthat the discrepancyrnay be due in partto reactionsinduced by racialdiscrimination, but stronglywarns against oversimplification. lt notes that higherrates of mentalillness have beenfound in some otherfirst generation immigrants, compared with thosein theiradopted country.But in thesecases, rates of mentalillness have dropped to aroundthose of the adopted countryin the secondgeneration. Among Caribbeans,the trend is just the opposite(The Guardian,31,10.88). See also:Roland Littlewood & MorrisLipsedge (1989): 'Aliens and Alienists',Unwin Hyman, London. (214)The Times, 4.1.88. (zts)The DailyTelegraph, 2.1.90. lzto;An examinationol readingmaterial used in 196primary schools in a Northernindustrial city in 1986showed that ethnicminorities are massivelyunderportrayed by comparisonwith white 'enlighlened' peopleand are often characterized in termsof racialstereotypes. One of the more seriesof booksshowed that blacks and other minorities were presented in rolesincluding that of cannibalchief, house painter, construction worker and magician(The Independent,22.7.87) (217)According to the findingsof a researchprogramme published on2.12.87, the overwhelming majorityof youngpeople were politically illiterate with no conceptionof howParliament, political partiesor the economyoperated. The only party whose policieswere well-knownwas the 'Feeling NationalFront and its commitmentto the enforcedexpulsion of non-whites. that somethingmust be donein theface of economicdecline, they were drawn to theconclusion that the repatriationof non-whiteimmigrants was the only possiblepolicy', says the report.The researchersfound that manyyoung people conceded that with greater knowledge they would havereached different conclusions and expressedregret that they had not beentaught more aboutpolitics in school(The Guardian, 3.12.1987). (218)Written statement by Mr M. Elliott(PE 139.280). 'primary (21e)Under this rule, a foreignspouse of a UK residentis requiredto provethat the purpose' of theirmarriage was not to gainentry into the UK. 1zeolAs of March1988, it becameknown that the Government was refusing to incorporateDNA blood testinginto immigration procedures. To havesuch tests done privately, applicants have to pay 94 CHAPTER3

severalhundred pounds (see MigrationNewssheet, April 1988, June & July 1989; The Independen t, 27 .7 .88\. (21)Mail on Sunday,20.5.90. ("') op. cit.,note No 217.

Scotland (223)Migration Newssheet, September 1986. (224)According to a surveycarried out in 1988by the ScottishCouncil for RacialEquality, more than 80% of Pakistanisand lndiansexperienced racist abuse, with 58% of Indiansregistering a physicalattack. Asian women out shopping have been bombed with polythene bags full of urine. Dogshave been set on them.They have had excrement, burning mats and firecrackers thrust throughmail boxes. (The Guardian, 13.4.88). (2) The Scotsman,5/8.6.89; 16 & 17.1.90;Evening News (Edinburgh),5-18.5.89; 6/8/10.6.89.

Wales (226)Western Mail, 9.7.90.

Austria (za) TheDeputy Mayor of Linzprovoked a scandalin July1987 when he wrote to the Presidentof the WorldJewish Congress, criticizing the latter'sactions against Dr Waldheim,saying that he was '(Le behavinglike his fellow Jews who'condemned Christ to death2 000years ago ... Monde, 11.7.87'). (228)Libdration, 9.1 1.88. (22e)lts mostimportant gain was in Carinthiawhere it increasedits score by 13 percentagepoints to 29%,receiving 11 seats of a totalof 36.lt gainedsix seats in Salzburg(+2) and 5 (+3)in Tyrol (Le Monde,11/14.3,89).

Switzerland lzso;Le Monde,18.8.89. (231)Neue Zürcher Zeitung,9, 11, 14, 27.11.89. (232)Tribune de Genöve,13.12.89. lzee)La LibreBelgique, 17.4.90. (2e) NeueZürcher Zeitung, 14120.1.90. (235)Neue Zürcher Zeitung, 15/16.1.89.

Nonray 1zso1The Independent,21.8.89. (23?)Migration Newssheet, June 1989. (2s) Lib6ration,15/16.10.88. (23e)The Independent,21.8.89. CHAPTER3 95

Sweden (2a0)News & Views,Stockholm; 19.1.89. (24r)The initiator,Mr S.O.Olsson of the localCentre Party, is believedto havea pro-Nazipast and is very muchagainst the presenceof foreigners.His actionwas condemnedby his own party's nationalleader, Mr Johansson(see Le Monde,29& 31.10.1987). (242)Like the decisionone year earlier to holdthe referendum,the outcomecaused great indignation 'visible'foreigners throughoutthe nation.The only in thisfarming borough ate a Chileancouple. The others,mostly Poles, have been residing there for a longtime and havemarried Swedes. One memberof its localcouncil who voted against holding the referendum,Baroness Ramel of the ConservativeParty and Presidentof the localCommittee on SocialAffairs, offered parts of herfamily's property to accommodaterefugees in responseto theCouncil's claim that there was a housingshortage (see Le Monde,20.9.88; News & Views,22.9.88; El Pais,17.9.88). (243)News & Views,17.12.87. (24)Sydsvenskan, 13.8,89. 1z+s)Le Monde,16.5.90.

Finland (246)Le Monde,22.8.87; Die Welt,14.9.87.

East and CentralEurope (of the WarsawPact) (247)Frankfurter Rundschau, 30.4.90. (248)Frankfurter Rundschau, 4, 19.4.90;Frankfurter Allgemeine Zeitung, 17.4.90; Süddeutsche Zeitung,19.4.90; La LibreBelgique, 14.4.90. 'Seeds (2ae)Article by VitalyVitalyyev, of a RacistDisaster', in The Guardian,20.2.90. (2s) AmericanJewish Year Book,1989. See also collectionof articleson antisemitismin East and CentralEurope entitled 'L'anti- s6mitismedans les pays de I'Est'in Le NouvelObseruateur, 20 March-4April 1990.

GermanDemocratic Republic (251)Already in 1987,The Guardian(16"11.87) reported that therewas a growingproblem with neo-Naziyouths who'patrol'the streets clad with black paramilitary dress, with parachute boots and closelyshaven heads. Armed with chains and knuckledusters,they raidyouth clubs and beat up punks,pacifists and environmentalistsand even Stateyouth groups. They tell jokes aboutJews which older people thought they would never hear again - andsimilarly racist ones 'gas aboutTurks. Slogans such as themall' and 'blacksout' haveappeared on wails. (tu') op. cit.,note No 57. Seealso: INFORMATION from Aigali Dshunussqw, National Executive member responsible for foreigners,SPD in der DDR,East Berlin, 6 February1990. (253)Frankfurter Allgemeine Zeitung, 1.8.88; Lib6ration, 20.1 0.88. ('zs)Stuttgarter Zeitung, 4.1.90; Frankfurter Rundschau, 19.1.90. ('?ss)Stuttgarter Zeitung, 4.1.90; Frankfurter Rundschau, 19.1.90. ('?$)Süddeutsche Zeitung, 4.4.90. (2s7)Catherine David,'RDA: le retourdu refoul6'inNouvel Obseruateur,29 March-4 April 1990. (2s) Lib6ration,7.5.90. 96 CHAPTER3 97

Chapter4: Communityaction since 1986

4.1. Introduction 4.1.1. Of the 40 recommendationscontained in the Evrigenisreport, only a few have been fully implementedso far and none has led to significantchanges in anti-racism legislation,nor to actionat the Communitylevel to confrontand tackle the rootcauses of racismand xenophobia, 4.1.2. On theother hand, a numberof activitiescarried out by theCommittee of Experts on CommunityRelations of the EuropeanCommittee on Migration(CDMG) of the Council of Europeunder its five-year programme on inter-communityrelations fallwithin the scope of someof theserecommendations. Such activities involve representatives of eachof its (now 23) MemberStates, as well as a few internationalorganizations as observers, includingthe Commissionof the EuropeanCommunities. 4.1.3. lt can,of course,be arguedthat even when fully implemented, such activities do not entailany bindingobligations on the partof its MemberStates and the reportsand attachedrecommendations merely serue to informand remindits MemberStates of what theyshould do to ensureand promote harmonious co'existence among the various ethnic communitiesand minoritiesin Europe. 4.1.4. However,a numberof the recommendationsof the Evrigenisreport are designed to be preventiveor 'pre-emptive'measures and shouldhave been carriedout at the initiativeof the Communityinstitutions or evenin collaborationwith the Councilof Europe to enhancethe importancethese institutions attach to combatingracism and xenophobia. 4.1.5. As we shall see, the lack of concrete measuresto combat racism and xenophobiacannot be seenas simplya lackof initiativeon the partof the Commissionas the matteris far morecomplex, and it wouldbe unfairto denythat the Commissionhas, in fact, been putting forward proposalsand taking initiativesto combat racism and xenophobia. 4.1.6. lt must be pointedout that the EuropeanParliament as such couldalso have takenconstructive initiatives to promote,for exampleby symposiums,a widerrecognition and understandingof the problemsidentified in the previousCommittee of Inquiry. 4.1.7. Explainingthe Commission's position, Mr M. Marin,the former Commissioner for 'lt SocialAffairs and Employment,said: is easyfor the Commissionto submitdocuments or initiativesto the Councilof Ministers,but ourwork does not endthere'(t).As there is strong reluctanceon the part of the Councilof Ministersto approvemeasures by a qualifiedmajority, in the senseof Article1 18 A of the 1986European Single Act for the implementationof socialpolicy, initiatives are either subject to longdelays in theCouncil of Ministersor theyare watereddown, if not completelyabandoned, by the Commissionon 98 CHAPTER4 the groundsof politicalnecessities, believing lhat unanimousapproval will not be obtained(2), 4.1,8. lt is necessaryto underlinethat the Community institutions were not expected to deal with a number of recommendationsof the Evrigenisrepoil which are clearly addressedto the MemberStates. As we have seen in the precedingchapter, these recommendationshave virtuallyfallen on deaf ears in most MemberStates with the resultingvirulent upsurge of racismand xenophobiain severalof them.

4.2. Recommendations fully implemented at the Community level 4.2.1. We shallmention here two recommendationsofthe Evrigenisreport which have been fully implementedso far at the Communitylevel. These are the 1986 Joint Declarationagainst Racism and Xenophobia (3) and the Eurobarometersurvey on racism and xenophobiain the EuropeanCommunity f), A part of the recommendationon providinginformation on legalrecourse has alsobeen realized within the frameworkof a People'sEurope (5). The Commissionhas also undertakeninitiatives in view of imple- mentingothers, some of whichare stillin progresswhereas others have been abandoned or rnodifiedto avoidrejection by the Councilof Ministers.

The 1986Joint Declarationagainst Racismand Xenophobia 'declaration 4.2.2. The againstracism, racial discrimination and xenophobiaand in favourof harmoniousrelations among all the communitiesexisting in Europe'(para. 379) wassigned jointly on 11June 1986 by the Presidentsof theParliament, the Commission andthe Council, and the representativesof theMember States meeting within the Council. ThisJoirit Declaration was significantin thatit was onlythe secondtime since the signing of the Treatyof Romein 1957that a solemndeclaration was madewhich would enable organizationsor individualsin any MemberState to urgetheir government to abideby the spiritof theJoint Declaration and implement measures to combatracism and xenophobia. 4.2.3. However,its impactwas not as significantas it mighthave been. Described at thetime by theGerman MEP, Mr F.L.von Stauffenberg(PPE), currently chairman of the EuropeanParliament Committee on LegalAffairsand Citizens' Rights, as a'simpleinsipid document'(6),thereply given by Mrs Adam-Schwaetzerto a questionconcerning the Council'sfollow-up action to this Declarationdisappointed many. In her capacityas President-in-Officeof the Council, she said on 14June 1988 that it was'not a questionof recommendationsthat have been put to thevarious Member States: it is a declaration'(7). 4.2.4. Thisanswer given by MrsAdam-Schwaetzer was in contrastto an earlier,more positivereply by the Councilto a writtenquestion submitted by membersof all political groupsin the European Parliament (except the European Right), requesting the Councilto statewhat actionsit envisagedto give etfectto the recommendationsof the Evrigenis report.Stressing that'racisrnand xenophobia as suchäre a matterof publicpolicy inäach individualMember State', the Councilneveftheless considered that racismand xenopho- bia'may(...) be an obstacle to the actualexercise offreedom of movementof persons,and in particularof workerswithin the Community'(8). CHAPTER4 99

4.2.5. However,as the Councilconsiders that the JointDeclaration is a'declarationof 'any principle'and is only a 'basison which we work', not wantingto take stock of informationon whatthe individualMember States, acting on theirown responsibility,have doneto enforcethis declaration'(e),and thereis so far no effectivestructure of migrants associationsoperating at the Communitylevel that has the meansto take coordinated actionin influencingMember States to implementthe recommendationsof the Evrigenis report,the JointDeclaration has remained,'sheets of paper',with no meansof checking whetheror notthese recommendations are put intopractice'(to).

Eurobarometerstudy on racism and xenophobiain the EuropeanCommunity 4.2.6. The Eurobarometerstudy on racismand xenophobia in the EuropeanCommun- ity, as recommendedin paragraph386 of the Evrigenisreport, was finallyconducted in Octoberand November1988, and the resultsofficially presented to the European Parliamenton 21 November1989 (11). 4.2.7. The surveyconfirms the seriousnessof racismand/or xenophobia in Europeas one Europeanin threebelieves that thereare too manypeople of anothernationality or racein hisor hercountry and 'a considerableminority of thosequestioned' considered the presenceof immigrantsin theircountry as a rathernegative factor for the future, 4.2.8. On theother hand, 'three out of fourEC citizensare in favourof improving,or at leastmaintaining, the rightsof immigrantsand they count on the Europeaninstitutions to do this' and 'one Europeanin threewould like to see the adoptionof Community-wide 'only legislationin relationto non-nationalsresiding in a MemberState'. Besides, one Europeanin fiveis in favourof unilateraldecisions taken by individualMember States with respectto foreignersfrom third states'(12). 4.2.9. The surveyconcludes: 'lt is now up to the Europeanlnstitutions to take the appropriatemeasures in the field of integrationand toleranceof peoplewith different nationality,race, religion and culture,taking the directionindicated by the opinionof the majorityof EC citizens'(13).

4.3. Recommendations on which some action has been taken at the Community level 4.3.1. Definitionof the Commission'scompetence on migration policies in relationto non-membercountries 'inferior 4.3.1.1. As shownin theRunnymede Trust study (see below), migrants' status' in societyis maintainedand reinforcedby'institutionalized racism' permitted by national legislationwhich clearly discriminates against them, 4.3.1.2. Alongthe linesof the recommendationreferring to a Communitypolicy on migration(para. 376), an importantstep was takenby the Commissionwhen it adopted, 'a priorto the Evrigenisrepofi, a decisionon I July1985 to setup priorcommunication and consultationprocedure on migrationpolicies in relationto non-membercountries'(to).As explainedby theCommission (tu), 'this was the best way to developits prerogatives and its 100 CHAPTER4 jurisdictionas far as imrnigratlonproblerns were concernedand to iry, above all, to introducesome consistency into nationalimmigration policies'. 4,3.1.3. Usingas its legalbasis Anicle 118 of the Treatyof Rome,this Decision imposedthe obligationon eachMember State to giveprior notice to boththe Commission and the olher Member States of draft nationalor internationalagreements to be implementedwith regard to thirdcountry migrants and membersof theirfamilies in areas of entry,residence and employment, including illegalentry, residence and employment, as wellas in the realizationof equalityof treatmentin livingand workingconditions, wages and economicrights, the promotionof integrationinto, the workforce,society and cultural life,and the voluntaryreturn of such personsto theircountries of origin. 4.3.1.4. Actingupon such information, either the Commission or a MemberState would be able to set up a consultationprocedure between the Commissionand the Member Statesfor the mutualexchange of informationin viewof identifyingcommon problems and then proceedto seek a joint responsefrom the MemberStates through Community measuresand guidelinesfor nationallegislation, particularly as regardsinternational instrumentsrelating to migration. 4.3.1.5. Five MemberStaies, Denmark, France, the FRG,the Nletherlandsand the UK (tu),failing to Eetthe Councilto annulthe Commission's Decision, filed complaints with the EuropeanCourt of Justice,arguing that the Commission'sDecision was notwithin its cornpetence,that the legalbasis used, viz. Article118, did not empowerthe Gomrnission to adopt a bindingdecision, and that migrationpolicies vis-ä-vis third countrieswere outsidethe scopeof socialaffairs as definedby the said Article. 4.3.1.6. The complaintsby Denmark,the Netherlandsand the UK were declared inadmissibleas they had passedthe deadline,Allowing the complaintsof the FHG and France,ihe furopeanCourt's ruling on 9 July 1987annulled a partof the Commissic'n's Decisicnon the groundsthat the latter was not competentto includethe sultural integrationof thirdcountry migrants and theirfamilies among the aimsof the consultation procedure.ln addition,this proceduremay not havethe aim of ensurlngthat measures adoptedby MemberStates in the above-nrentionedareas (of entry, residenceand employmentof thirdcountry migrants, including illegal entry residence and ernployment, etc) conformwith Communigpolicies and actions(tt). 4.3.1.7. As for the claimby Franceand the FRGthat the Cornmission'sDecision had violatedan impoftantrule of procedurein that it had not consultedthe Economicand Socialüommittee (ESC), as requiredunder the saidArticle 1 18, the Courtruled that the Commissionhad to consultthe ESC onlywhen it was proposingconcrete measures. 4.3"1.8. The very positiveaspect of the Court'sruling is that it rejectedthe argument that migrationpolicies vis-ä-vis non-mernber countries are outsidethe scopeof the said Article118 and it underlinesthat the employmentsituation, and more generallythe improvementof livingand workingconditions in the Community,is affectedby Mernber States'policies towards third country nationals. 4.3,1.9. Takinginto accountthe Court'sruling, the Commission'sdecision was amendedon 8 June1988 (18), and it was statedthat cooperation between Member Staies in the socialfield was alsoto be appliedto migrationpolicies in relationto non-nrernber CHAPTER4 101

countries'in that the power to arrangeconsultation granted to the Commission(...) authorizesit to adoptrules of a bindingnature'. 4.3.1.10. Sincethe publicationof this decision,some MemberStates have adopted certaincontroversial migration policies vis-ä-vis third countries. The Commissionhas, on at leasttwo occasions,requested more information from the MemberStates concerned, but no consultationprocedure has yet takenplace. 4.3.1.1 1 . Requestedby the EuropeanCoüncil of Hanoverin June1988, the Commis- sion'sreporl on the 'Sociallntegration of ThirdCountry Migrants residing on a Permanent and LavyfulBasis in the MemberStates'{1e) was presentedto the EuropeanCouncil of Strasbourgon 4-5 December1989. A proposal,elaborated at the startof thestudy, aimed at grantingnon-EC immigrants the same rights as EC nationalsafter a periodof residence of five yearsfor refugees,and 10 yearsfor others,was not includedin the final report.

4.3.2. InformationHandbook r 4.3.2.1. ln responseto criticismsof the absenceof an adequateinformation policy on migrants'rights, and havingregard to the recommendationon informationof the Evrigenis report(para. 385), the Commissionissued information sheets contained in a ring flle, providingsystematic information on the rightof migrantworkers with respect to freedomof movement(20). 4.3.2.2. Althoughthis Handbookconstitutes a mostvaluable collection of information on migrants'rights, equal treatmentfor men and women,social securityfor migrant workers,etc., it fallsquite short of whatwas intendedin the recommendationconcerned. There is no list of names,addresses and telephonenurnbers of counsellinEand legal adviceservice for migrants,immigrants, refugees and persons seeking a receptioncentre. Moreover,it deals essentiallywith the rightsof Communitynationals and nothingis mentionedon thirdcountry nationals. 4.3.2.3. This recommendationof the Evrigenisreport proposed that copiesof sucha directorybe madeavailable at all pointsof entryinto the Community. lts implementationis all the more necessaryin view of more stringentcontrols at the externalCommuni$ frontiersto compensatefor the liftingof internalCommunity frontiers.

4.3.3" A comparativelaw study 4.3.3.1. Soonafter the adoptionof the Evrigenisreport, the Commissionrequested a UK foundation,the RunnymedeTrust, to carry out a comparativelaw study on the 10 MemberStates (Fortugal and Spainwere not yet rnembers). 4.3.3,2. The report,entitled 'Altei'native Approaches to the Problemof Protection againstRacism and Xenophobiain MernberStates of the EuropeanCommunities'(21), pointedin particularto 'institutionalizeddiscrimination brought about by existinEdiscrim- inatorynational legislation and procedures,iegally depriving non-natlonal residents of equalrights wiih nationals.This in turn erihancedracism and discriminatorybehaviour eventowards naturalized ethnic minorities. 102 CHAPTER4

'racism 4.3.3.3. The report notes that and xenophobiain MemberStates can be overcomeonly if a clearlead in practicalaction is takenby theCommunity institutions and by the stateauthorities'. lt recommendsnot onlynew legislation,but also'a detailedand determinedwork-out of enforcementand administrativeprocedures appropriate to each state'sadministrative system'and the'alternative approaches' it recommends'willinvolve rejectingsome aspects of contemporarynationalism and redefiningthe characterof the communitywithin a state'sjurisdiction' (22).

4.3.3.4. As almostall of theserecommendations appeared to be withinthe exclusive competenceof the MemberStates and the Commission was unwilling to enterinto conflict withthe MemberStates, no follow-upwas givento the report.Instead, the Commission's attentionhas beenfocused on moremodest initiatives.

4.3.4. Migrantwomen and employment

4.3.4.1. TheCommission organized a seminaron 'migrantwomen and employment'on 17-18September 1987 during which the numerousand variousforms of discrimination experiencedby migrantwomen were revealed (23). Included in the recommendationswas the requestthat the Commissionshould encourage positive actions in all MemberStates to combatdiscrimination.

4.3.4.2. Withinthe Commission,the problemsraised were seen by some as those which shouldbe tackledwith the programmeof equalopportunities and by othersas mattersrelated to racismand xenophobia. The second line of reasoningwas swept under thecarpet and in relationto thefirst, the Commission adopted in 1988a Communicationto the Councilonthe socialsituationand employment of migrantwomen aimed at promoting a bettersocialand professional insertion of migrantwomen (,0). In addition,the final repoil of theseminar (2s) resulted in therealization of a few minorstudies with some small grants fromthe Commission,

4.3.5. Youth against racism

4.3.5.1. The Commissionfunded and tookpart in the conferenceon'Youth against Racism',organized by the YouthForum of the EuropeanCommunity on 18-20April 1986.

4.3.5.2. Denouncingthe empty verbal promises of measuresagainst racism, the Youth 'it Forumsaid that is timefor action'and issued a Newsletterin August1986 'to serve as a permanentlink between young people who areconcerned by the problemsof racismand xenophobia'.This publicationnever went beyondissue No 1.

4.3.5.3, In thatsame year, on g-10January 1986, a colloquywith the sametheme, 'Youth against Racism'was organizedby the Federationof the Green-Alternative EuropeanLink (GRAEL)of the EuropeanParliament. ln its noteof address,the Youth Forum gave noticeof other projects,namely a series of informationbrochures and dossiersaimed a promotinga newline of thinkingbased on theprinciple of respectfor the particulari$of eachmember of society.This material would be intendedfor schoolsand youthorganizations ("). Likewise,none of themever saw the lightof day. CHAPTER4 103

4.3.6. Funds set aside for conducting informationcampaigns 4.3.6.1. As of 1987,the budgetline for activitiesof non-governmentalorganizations pursuinghumanitarian aims and promoting human rights (Arlicle 303) included an amount set asidefor conductinginformation campaigns on the dangersof racismand fascismin accordancewith the 1986Joint Declaration. This budget line has to covera widerange of projectsin the humanrights field, including support for rehabilitationcentres for torture victimsand joint research programmes. For this reason, only a smallpart (ECU 50 000)is allocatedfor such informationcampaigns.

4.4. Recommendations whose implementation is still in progress 'lntercommunity 4.4.1. The Forum'or 'Migrants'Forum' 4.4.1.1. The one recommendationon whichassociations of ethnicminorities and of those workingin favour of ethnic minoritieshave been placinggreat hopes is the 'lntercommunity Forum',the ideaand the desiredcomposition of whichhave changed or evolvedin the lastfour years. This recommendation (para. 39) proposedthat'lnstitutions and associationsopposed to racism,and immigrants'organizations, trade unions, professionalorganizations and other bodiesconcerned' be called upon to set up an 'under IntercommunityForum the aegisof the EuropeanCommunities on the modelof the YouthForum. This body's main tasks should be to providean exchangeof informationand improvethe coordination and allocation of dutiesin actionand research. The Forum would be financedby the Communities'budget'. 4.4.1.2. Theproposal was not new. In the Commission's communication to the Council on'Guidelinesfor a CommunityPolicy on Migration'on1 March1985, among the initiativeswhich the Commission proposed was to'promote the regrouping, at Community level,of migrantassociations, in orderto facilitatethe dialoguebetween migrant circles andthe Communityinstitutions' (2t). 4.4.1.3. Thiswas reaffirmedby the Councilin its resolutionof 16 July 1985when it 'the recognized desirabilityof a dialogueat the Communitylevel with associationsof migrantworkers'(28). 4.4.1.4. At a debateon immigrationpolicy in the EuropeanParliament's plenary sessionon 8 October1986, the thenCommissioner for SocialAffairs and Employment, Mr M. Marin,underlined the problemsol bringingtogether migrant workers' associations on a jointproject, which he calleda 'federalforum'. Nevertheless, he toldParliament that 'will theCommission succeedin settingup a federalmodel (.,.)for this type of association whichshould be ableto beginits workin the comingyear'(2e), 4.4.1.5. Earlierthat year in 1986,the Commission requested a Europeanagency (to) to carryout a studydrawing up a listingof all associationsof migrantsiethnicminorities in the 12 MemberStates. The addressesof about1 800 were obtainedby this agencyand a questionnairewas sentto them,asking, i.a., about their interest in gettinginvolved in a Communityforum. Of the 210 repliesreceived, 141 considered the coordinationof their actionsat the Communitylevel as desirable.The Commissionwas not satisfiedwith the results. 104 CHAPTER4

4.4.1.6. The agencycontinued its research,improving its data on migrants'associa- tions.As forthe Commission, nothing more was said or done.Exactly one year later during a debateon discriminationagainst immigrant women ('t), Mr Marinmade absolutely no mentionof it. Althoughthe matterwas notforgotten, no fudherinitiatives were taken. The dossierwas consideredto be too complicatedand complexas it involveda very large numberof immigrantassociations of variousnationalities, political tendencies and aims. 4.4.1.7. At a EuropeanParliament plenary debate on racism,the successorto 'sheer Mr Marin,Ms Papandreou,referred to the forum,saying that, i.a., the numberof organizationsof thistype which exist and the varying degrees of representativenesswhich they have'could bring about 'real difficulties'(32). 4.4.1.8. The delaysbred frustrationsamong immigrants' associations and withinthe EuropeanParliament. Informed of the strongdesire of someassociations of migrantsor workingin favourof migrantsto havea forumset up as soonas possible,but lackingthe meansto do so, namelythe'Migreurope initiative', the EuropeanParliament decided to give some momentumto the issue and, to mark the secondanniversary of the Joint Declaration,voted for the allocationof a sumof ECU500 000 to be set asidein the 1989 Communitybudget for the settingup of a 'EuropeanForum for Migrants'(*). 4.4.1.9. In a resolutionadopted by the EuropeanParliament in February1989, the latter 'welcomesthe establishmentof the Migreuropeorganization which will providea direct interfacefor immigrantswith the Communityinstitutions' (il), Althoughit couldnot claim to representall migrantassociations in the 12 MemberStates at its constituentassembly, it was set up as a structure,but has not beenable to go furtherbecause of lackof funding. 4.4.1.10. At the meetingof the Committeeof Inquiryon20-21 December 1989, the Commissionstated that all of the allocatedsum had beenspent, but therewas still no 'MigrantsForum'. 4.4.1.11. One monthearlier, the SpanishMEP, Ms T. DomingoSegarra raised a questionas to whenthe torumof migrantworkers' associations would be set up since fundshad beenset asidefor this purposein the 1989Community budget (35), 4.4.1.12. She was informedthat the Commissionhad requesteda studyon existing associationsof migrantsin orderto make a selectionbased on their quantitativeand qualitativerepresentativeness and the resultswould be madeknown before the end of 1989.... Basedon these results,the Commissionwould organize a largeconsultative meetingwith these selectedorganizations in order to determinethe beneficialand practicalconditions of settingup the Forum.This studywas financedby the fundsset asidein the 1989budget for the settingup of the Forum(36). 4.4.1.13. Althoughthe Commission was aware of thefact that the agency which carried out the firststudy had updatedand improvedits informationon migrants'associations,it preferredto contactanother agency to carryout the study, the resultsof whichagain failed to meetthe Commission'sapproval. The 'largeconsultative meeting', scheduled lor the beginningof 1990did not thereforetake place. 4.4.1.14. The kindof forumenvisaged by the Commissionis muchmore limited than what is recommendedin the Evrigenisrepod. Not onlywould it excludeinstitutions and CHAPTER4 105

'other associationsopposed to racism,trade unions,professional organizations and bodiesconcerned', but also its compositionwould mainly consist of migrantsfrom third countries,although Community migrants would not be excluded. 4.4.1.15. The Commissionrequested yet anotherstudy and the resultsare believedto be moreacceptable this time. The ideaof the Commissionnow is to havea muchsmaller meeting,bringing together a maximumnumber of fivedelegates per MemberState from representativeassociations of third countrymigrants whose task will be to agree on the settingup of the forumwhich will receivean initialbudget of ECU300 000 for its operation and activities. 4.4.1.16. The Commission'sinterpretation of the kind of forumto be set up clearly deviatesfrom what is recommendedin the Evrigenisreport. In the light of the major institutionalruling of the EuropeanCourt of Justicehanded down on 22 May 1990-(37), Parliamentmay öhoose to submitthis matterto the EuropeanCourt for annulmentof the Commission'sact.

4.4.2. Commission'sproposal to combat racism and xenophobia 4.4.2.1. On 22 June1988, the Commissionapproved a draft Councilresolution on combatingracism and xenophobia which was submitted to the latteron 29 June1988 (38). 4.4.2.2. Precedingthe textof the draftCouncil resolution is a communicationfrom the Commissionto the Councilon the fight againstracism and xenophobia,containing a seriesof proposalsin threeareas: legal or institutional,information, and educationand professionaltraining. 4.4.2.3. ln the firstarea, the Commissionproposes the encouragementand ameliora- tionof existingnational legislation on equalrights for all andfundamental rights as wellas facilitatingthe possibilityöf groups/anti-racistassociations to act as plaintiffsin casesof discriminätion.ln addition,it proposesa more restrictivedefinition of the conceptof 'legitimategrounds' which often serves as a pretext to refuse to provide goods and servicesand employment, and proposes the setting up of mediationstructures to dealwith problemsof employmentand housing. 4.4,2.4. Measuresin the fieldol information,education and traininginclude initiatives on research,opinion surveys, inter-community and inter-culturalrelations, sensibilization of nationalcitizens, special training for teachers and those in statebodies who work with or are in regularcontact with migrants,and the developmentof teachingof mothertongues and cultures. Noneof these proposalsis new. They are all part of the recommendations 4.4.2.5. 'merely containedin the Evrigenisreport. Moreover, they constitute a programme- almostjust a prospectusoutlining what the Councilcould do on thisquestion (of combating racismand xenophobia)'(se).The reasonfor this, as explainedby Mrs V. Papandreou beforethe Parliamentaryplenary on 13 February1989 (40), was'serious and well-founded doubts(...) regarding the Commission's competence to institutebinding action in thisfield'. 4.4.2.6. Thisis a clearreference to the EuropeanCourt's ruling of 9 July1987 which, as earlierstated, confirmedthe Commission's competence to adoptrules of a bindingnature 106 CHAPTER4

by virtueof the secondparagraph of Article1 18, with the exceptionof measuresto promotecultural integration (see above).

4.4.2.7. By letterof 12July 1988,the Presidentof the Councilconsulted the President of the EuropeanParliament on the proposedCouncil resolutionwhich was then fonryarded,on 12 October1988, to the Committeeon LegatAffairsand Citizens' Rights as the committeeresponsible, and to the Committeeon Youth, Culture, Education, Informationand Sport,as wellas to the Committeeon SocialAffairs and Employmentfor theiropinion,

4.4.2.8. On 21 September1988, the Committeeon LegalAffairs and Citizens'Rights appointedthe SpanishMEP, Mr M. MedinaOrtega (S) ai the rapporteurand his report was unanimouslyadopted at the committee'smeeting on 21-22November 1988. 4.4.2.9. Althoughthe Council'sconsultation of Parliamenton this draft resolution createda precedentand was a positivestep, the rapporteurdescribed the moveas 'more surprisingas to theform than to the substance'(ar). Referring to the substanceof thedraft 'does Councilresolution, he said that it not introduceäny significantnew element comparedwith the recommendationsin the reportof the Parliament'sCommittee of Inquiryand limitsitself to repeatingmost of these.Since Parliament has not changedits opinionon thissubject since it adoptedthe reportin question,it seemsrather pointiess to ask it againfor an opinionwhich it has alreadystated'.

4.4.2.10. When this report was presentedto the plenaryin February1989, the ovenruhelmingmajority of the 265 MEPs presentvoted in favour of the draft resolution containedin the reply.Only some members of the EuropeanDemocratic Alliance (RDE) and all but one memberof the EuropeanRight.(DR) voted against.

4.4.2.11. lt mustbe notedthat in the opinionof the Committeeon LegalAffairs and Citizens'Rights, a legislativetext was missingfrom the draftCouncil resolütion. The only legal base mentionedis the EuropeanSingle Act and Mr Medina Ortega adviseö specifyingother legal provisions, namely Article 220 of the Treatyof Romeon Cooperation betweenMember States on the protectionof rightsof personsand Article235 of the same whichprovides for the extensionof the Communityjurisdiction and includesan obligation to consultthe EuropeanParliament.

4.4.2.12. By letterof 11 July 1988,the Councilconsulted the Economicand Social Committeeas well. The latterfonruarded the draft Councilresolution to the Sectionfor Social,Family, Education and CulturalAffairs which appointedLady Flatheras the rapporteurto draftan opinion.

4.4.2.13. Thissection adopted the opinionon 10 November1988 and at its meetingon 23 November1988, the Economicand SocialCommittee adopted the opinionOy tOS votes in favourand three abstentions(02). 'deep 4.4.2.14. The opinionexpresses disappointmentthat only a proposalfor a Councilresolution is presentedrather than an effectivepolicy displäying-a ieal political 'insists commitmentto combatracism'and thatall EC nationals,including those who are fromethnic minorities, are assureda shareof and a futurein a 'PeoplebEurope'. CHAPTER4 107

4.4.2.15. Moreover,the opinioncalls for effectivemonitoring of racialdiscrimination, harassmentand disadvantagethroughout the Community,to be followedup by effective countermeasures supervised by a 'Commissioneragainst Racism'.

4.4.2.16. Almost four years after the Commissionsubmitted this proposalfor a resolution,the SocialAffairs Council finally adopted it at its meetingon 29 May 1990. Despitethe factthat this resolutiondoes not havea bindingcharacter, and therefore falls quiteshort of what Parliamentwould have preferred, the finaltext that was adoptedhas beenso muchwatered down that it no longerresembles the one whichthe Commission submittedon 29 June1988. The Council had earlier insisted that the resolutionbe adopted by boththe Commissionand itself.The Commissionrefused to associateitself with it and withdrew.

4.4.2.17. In orderto overcomethe oppositionof the UK delegation,the 11 other MemberStates agreed to deletefrom the text reference to non-ECnationals (43). Even the phrasecalling for the 'urgentintroduction of a preventativeeducation and information policyto promoteintercultural understanding and a clearand objective appreciation of the situationof migrantworkers' was suppressed.

4.4.2.18. Deletingthe referenceto thirdcountry nationals was, in fact,the laststraw as the Commissionhad earliergiven in to severalother compromiseswhich had greatly weakenedthe text. The mentioningof racismand xenophobiaas constitutingan obstacle to the free movementof personswithin the Communitywas deleted,as so was the Commission'sundertaking 1o promotethe organizationof migrants'associations at Communitylevel so as to facilitatethe dialoguebetween the migrantcommunity and the Communityinstitutions'.

'invited' 4.4.2.19. Member States are no longer to be to collaboratewith the Commissionto 'producea reportevery three years assessing the positionas regardsthe integrationof migrantcommunities', and the'Commission's intention to submita repodon theapplication of thisresolution within a periodof threeyears from the date of itsadoption, havingassembled the necessaryinlormation from the MemberStates'(4) also had to be abandoned.

4.4.2.20. Moreover,a declarationis annexedto the resolutionwhich specifies that the implementationof the lattermay not lead to an enlargementof the competencesof the Europeaninstitutions as definedby the Treaties.

4.4.2.21. The Councildescribed the finaltext adoptedas an importantstep forward aimed at eliminatingracism and xenophobiaamong citizensof the variousMember States.The EuropeanParliament's view is, that in apparentlyrefusing to includenon-EC residentswithin the scope of the resolution,the resolutionadopted signifies a step backwardsince it clearlygoes against not only the spiritbut also the contentsof the June 1986Joint Declarationagainst Racism and Xenophobia. 108 CHAPTER4

4.5. Measures implemented by the Gouncil/l/lember States 4.5.1. Europeandimension in education

4.5,1.1. On 24May1988, the Council and the Ministers of Educationof the12 Member Statesmeeting within the Counciladopted a resolutionon the Europeandimension on education(45). During the period1988 to 1992,the 12 MemberStates would launch a seriesof concertedmeasures to, i.a.,'strengthen in youngpeople a senseof European identi$and makeclear to themthe valueof Europeancivilization and of the foundations on which the Europeanpeoples intend to base their developmenttoday, that is in particularthe safeguardingof the principlesof democracy,socialjustice and respectfor humanrights'. 'to 4.5.1.2. The resolutionundertakes encouragecontacts and meetingsacross bordersbetween pupils and teachers from different Member States at all levelsin orderto give them directexperience of Europeanintegration and the realitiesof life in other Europeancountries'. 'European 4.5.1.3. A civiceducation textbook' as recommendedin paragraph392 of the Evrigenisreport has not been prepared.Similarly, nothing has come out of the 'preparation recommendationin paragraph395 concerningthe of a Europeantextbook of contemporaryhistory on the basisof work alreadydone by the Councilof Europeand by UNESCO'.This is particularlydesirable owing to the pressingneed to insertinto the school curriculum lessons on the crimes committed by the European fascist and totalitarianregimes, particularly their acts of genocide.Otherwise, the horrorsof World War ll willsoon be forgottenwith the disappearance of thegenerations who witnessed and experiencedthese crimes.

4.5.1.4. Moreover,in the promotionof suchcultural exchanges for pupilsand teachers, as well as for youthsas in the Youthfor Europe(YES) action programme (see below), certainMember States make no exceptionsto the ruleson entryvisa requirementsand this resultsin exclusionand discriminationagainst pupils and youthsof third country nationality(46).

4.5.2. Youth exchange programmes

4.5.2.1. On 16June 1988, the Council issued a decisionoutlining an actionprogramme 'Youth on for Europe'(YES) (ot) in orderto promoteinternational youth exchanges in the Community,as recommendedin paragraph396 of the Evrigenisreport, from 1 July 1988 to 31 December1991 .

4.5.2.2. Althoughthe programmeis designed'inparticular, to encouragethe participa- tion of youngpeople who experiencethe mostdifficulties in beingincluded in existing programmesof exchangesbetween the Member States', and aims at extending 'in participation, particular,to youngpeople from all kindsof social,economic and cultural backgrounds',youths who are Communityresidents, but not Communitynationals, are often excluded.Besides, as most of such youths requireentry visas to travel from the MemberState in whichthey are residingto anotherone, 'thevarious financial, legal and CHAPTEF,l 109 administrativeobstacles which rnay inhibii participation in, or the organizationof, youth exchanges',as rnentionedin the Counciidecision, will remainfor them'

4.8.9. 1g77directive on the educationof the children of rnigrantworkers 4.S.g,1. On 2 August1977,the President of theCouncil addressed the dlrective on the educationof the cliildrenof migrantworkers (77l466lEEC of 25.V.77\to the Member States(€). Accorcting to Article+-ot tnis directive, Mernber States were given until 2 August 1gB1 to comply wltfr it. The directiveitself coveredonly childrenfrom Community countries,but'a declaration was addedto the minutesof the Councilmeeting when liwas adoptedstating that the provisionsrnade under the directiveshould also cover children from thirdcountries. 4.5.3.2. Accordingto the reporlpresented on 3 January1989 on the implementationof this directiveby the MemberStates (as the referenceyear for this secondCommission reportis 1g84-äS,it doesnot cover Spain and Portugal)(otl, the resultsare on the whole quite unsatisfactoryas only the Federal Republicof Germanyand especiallythe Netherlandshave made adequateprovisions for the teachingof the languagesand culturesof originof the childrenof migrantworkers, In otherMernber States, this directive waseither ignöred or givenvery little ättention, though it is certainlythe ga|e,for example, that in the ÜnitedKin$dom mahy local authorities are implementingpolicies encouraging mothertongue teaching. 4.5.0.3. The Commission'sreport cites lhe situationof lreland,which has passedno legislativeor administrativemeasures at all, and Greecewhere, despite a presidential languqgefor immigrants, deiree providingfor receptionclasses and tuitionin the Greek 'it no impl'ementin-gmeasuie has been reportedto the Commission'(uo).In addition, appearsthat ceitain MemberStates have taken no formal measuresto providefor the iniiiatanO further training of teacherswho are to be responsiblefor receptioneducation. Thesestates are lreland,ltaly and Greec€'(sr;.

4.6. Measuresimplernented by the EuropeanParliament 4.6.1. A numberof the measurestaken by the EuropeanParliament have already been mentioned.On variousoccasions, its membersrepresenting all politicalgroups (except the EuropeanRight) have expressed their concern over the absenceof initiativesby the Commuriityto cürb'theupsurge of racismand xenophoblain the MemberStates wlth questionsio theCommission, ihe Councilandthe Europeanpoliticalcooperation group of ForeignMinisters. ln mostcases, the replieswere unsatisfactoryand/or evasive'

4.6.2. Written Declarationon the fight against xenophobiaand racism 4.6.2.1. On 15 June1988, about 270 MEPsrepresenting the variouspolitical groups (exceptthe EuropeanRight) submitted a writtendeclaration to remindthe Community institutionsand the tvtem[eiStates of the 1986Joint Declarationagainst Racism and Xenophobia(ut). The declarationcalled on its Presidentto organizea publicsymposium on raöismin Europeand to writeto thegovernments of all MemberStates, asking them.to give details of steps taken to implehent the 1986 Joint Declaration,and on the 110 CHAPTER4

Commissionto earmarkan appropriateamount in the 1989budget to enablethe setting up of a'EuropeanMigrants' Forum'. Moreover, it gavenotice of a futuredebate on the flght againstracism in plenarysession.

4.6.3. Plenarydebate on the fight against racism 4.6.3.1. Thisdebate was called for in theJune 1988 Written Declaration (see above), in linewith a recommendationof the Evrigenis (para. 'review report 404)that aftertwo yearsthere be a of developmentsin the mattersconsidered by the inquiry',and oi the extentto whichthe recommendationshad beencarried out. 4.6.3.2. Scheduledto be held at the end of 1988,the debatefinally took place in February1989 on the occasionof the jointdebate on Mr M. MedinaOrtega's report (see above)and on the reportof Mr B. vander Lek(ARC - NL)on behalfof the potiticalAffairs Committee,on the Joint Declarationagainst racism and xenophobiaand an aclion programmeby the Councilof Ministers(s3). 4.6.3.3, The PoliticalAffairs Committee decided to drawup this reporton 29 October 1986,but it was not until4 November1987 that Mr van der Lek was appointedas its llPPorteur.The reportwas adoptedat thiscommittee's meeting on 2 November1988 by 23 votesin favour,one againstand 11 abstentions. 4.6.3,4. Theresolution contained in the reportby Mrvan der Lek was approved, but not overwhelmingly(150 in favour,90 againstand 8 abstentions)because a majorityfelt that votingrights for bothEC and non-ECmigrants could not be excludedfrom measures to combatracism and xenophobia,and passedsuch an amendmentaccordingly. 4.6.3,5. In fact,no mentionis madeof grantingnon-nationals the rightto vote among the recommendationsof the Evrigenisreport. Nevertheless,on 22June 1988, thö Commissionadopted a draftdirective granting EC nationalsresiding in a MemberState otherthan their own the rightto voteand to be electedin localeleclions (s4). The green lightwas, in fact,given 14 years earlier in December1974 at the ParisSummiiof Heäds of MemberStates or Governments.However, under the permanentpretext that'this is really notthe rightmoment'to put it on the agenda,the draftdirective has beenshelved at thä Councilsince 1988.

4'6.3.6. The resolutioncontained in Mr van der Lek's reportreintroduced the main recommendationscontained in the Evrigenis repofi and called for both preventive measures- th.rougheducation, information and promotionof inter-culturalunderstanding - and repressiveones through legislation. Once again Parliament called for a 'Forumfoi all ethniccommunities', as definedin paragraph3ös of the Evrigenisreport.

4.6.4. Public symposium on racism in Europe 4.6'4.1. Respondingto the June 1988 WrittenDeclaration, Lord Plumb,the then Presidentof the EuropeanParliament, invited all Headsof Stateand of Governmentsof the 12 membercountries, as wellas the presidentsof all politicalgroups 'Europe of the European Parliamentto a symposiumon againstRacism', held in Slrasbourgon 13 March 1989(s5). CHAPTER4 111

4.6.4.2. Althoughthe governmentsof Belgium,Greece and the Netherlandswere not represented,the ötatementsmade by representativesof the othergovernments and of Parliament'spolitical groups showed öonsensus on the needfor actionto be takenin the factof the upsurgeofJacism and discrimination, including their new forms of expression. 4.6.4.3. Mr O. Due, in his capacityas Presidentof the EuropeanCourt of Justice, confirmedthat Communitylegisiation protected also third countrynationals and their families. 4.6.4.4. Mr Solbes,representing the Spanishpresidency of the Council,affirmed the latter'stotal supportto the Commission'sproposals to intensifyefforts in education, informationand sensitizationagainst the negativeand intolerantattitudes of racismand xenophobia.Moreover, he guäranteedthe total supportof the Spanishpresidency in combatingracism and xenophobiausing all meansand with all its force. 4,6.4.5. By September1989, Parliament was stillnot satisfiedwith the actiontaken by the Commis-sion,the Counciland the MemberStates to implementthe 1986 Joint Declaration,and there were signs that racism, xenophobia and antisemitism were not only growingin some MemberStates, but also appearingand reachingdangerous levels in ötners,tnis ledto the settingup of a new EuropeanParliament Committee of Inquiryinto Racismand Xenophobiawhose composition was approvedon 27 October1989.

4.7 Recommendationsnot given sufficientattention by Community institutions 4.7.1 . Despitethe EuropeanCourt's ruling on 9 July 1987(see above under paragraph 4.3.1.8)and the positivesiatement made by Mr O. Duein hiscapacity as Presidentof the EuropeanCourt of Justiceat the publicsymposium on racismin Europein March1989 (seeabove under paragraph 4.6.4.3.), theie is stillmuch controversy over the definitionof ihe Community'spowers and on how far the institutionsare allowedto go to implement policiesagainst racism and xenophobia.Moreover, in reply to a writtenquestion by (DR - F) (uu),Mr J. Delors,President of the EuropeanCommission, Mr O. d'Ormesson 'in confirmedthat initiativesand projectsagainst racism were linewith the traditionsand principlesof humanrights'and the grantlngof a subsidyto an anti-racismassociation like SOSnacisme'was also in linewithlhe undertakingsby theCommunity institutions' in the 1986Joint Declaration against Racism and Xenophobia.Bearing in mindwhat has been said,we onlymention here the recommendationsof the Evrigenisreport which could have beengiven Some or moreattention by the Communityinstitutions.

4.7.2. Creation of a European legal area to combat international and extremism 4.7.2.1. As this repoft has alreadyshown, extremeright-wing groups advocating notonly expanding, but are linking up physicalviolence and murder of ethnicminorities are 'skinhead änä settingup brancheselsewhere. ln the lastfour years, for example, grouPs' 'music' with their publicationsand their own which is repetitivewith lyricsthat incite violenceand murderhave establishedthemselves firmly in countriesor regionswhich 112 CHAPTER4

were previouslyfree from such dangers- Portugal,Denmark, Sweden, Switzerland, Scotland,and they now constitutea majormenace in France. 4.7.2.2. The TREVIGroup composed of the Ministersof Justiceand/or the Interiorof the 12 MemberStates (ut) is supposedlydealing with measuresto combatinternational terrorismand extremism.As theiractivities and meetingsare closelyguarded secrets, excludingeven the participationof the EuropeanCommission, it is not knownwhether the TREVIgroup is also dealingwith internationalterrorism and extremismagainst ethnic minorities.

'Cooperation 4.7.9. betweenthe Council of Europe and the EuropeanCommunity 4.7.3.1. A numberof activitiesrelated to the recommendationsof the Evrigenisreport have been dealt with by the Committeeof Expertson CommunityRelations of the EuropeanCommittee on Migration(CDMG) of the Councilof Europe.The Gommissionof the EC has the statusof observerwith this committeeof experts. 4.7.3.2. The CommunityRelations Project of the Councilof Europewas launchedby the Committeeof Ministersin 1986for the period1987 to 1991at the proposalof the Committeeof Expertson CommunityRelations. This committee was set up in 1g8Sas a 'Making follow-upto a seminarheld in 1984on Multi-EthnicSociety work'. 4.7.3.3. Thiscommittee has alreadyorganized meetings on: the culturaland religious practicesof migrantsand ethnicgroups, the roleof nationallegislation and international instrumentsin combatingdiscrimination on nationality,ethnic or racial grounds,the responseof the healthand socialservices to the needsof an ethnicallyand culturally diversepopulation, the impactof housingand town planningpolicies on community relations,migrants, ethnic groups and the police,etc. (ss). lt has also had exchangeof viewswith experts from the USA,Canada and Australia on communityrelation prob6ms. 3.!. lt organizedconferences on the 'Media !7 'Human and CulturalDiversity' in 1988 (see below),on Rightswithout Frontiers' in 1989 and a StandingConference of RegionalandLocal Authorities of Europeon localand regionalauthoritiei and community relationsis planned. 4.7.3.5. This committeewill soon issuereports on the contributionof migrants/ethnic groupsto the economicviability of urban areas throughthe settingup of small and medium-sizedbusinesses, on legislationagainst discrimination and onlacialviolence and harassment.

4.7.4. EuropeanYear to promote inter-communityharmony 4.7.4.1. The EuropeanCommunity has not implementedthis recommendationas describedin paragraph379 of the Evrigenisreport. On the otherhand, certain countries alreadyhold specialevents for ethnicminorities. In the FederalRepublic of Germany, Luxembourgand the Netherlands,there is an annualevent of severaldays organized speciallyfor ethnicminorities.

4.7.4.2. ln the FRG,the Wocheder ausländisehenMitbürgen {Week of the Foreign Fellow-Citizen)(5e) first started in 1975as an initiativeof thechurches lasting only one day. CHAPTER4 113

In the beginningof the 1980s,it graduallyexpanded to a one-weekevent with the participationof the tradeunions and governmentministries. Each day of this one-week eventis dedicatedto a particularquestion or themerelated to immigration.For example, on the firstday, Monday,racism is the maintopic, and since1986, Friday is the day of refugeesduring this event. 4.7.4.3. In Luxembourg,the Festivald'lmmigration is organizedby migrants'associa- tionswith statefunding. lt is a trade unioninitiative in the Netherlands,and in France, organizedat irregularintervals by the two main concertsand other campaignsare 'lmmigrants' movements:SOS Racismeand FrancePlus, ln Spain,for the firsttime, an Day'was held in November1989, organized by churchand humanrights groups. 'European 4.7.4.4. The of Europeorganized on 25-27November 1987 three Council 'Enjoying Days' to promoteinter-community harmony. The event was entitled our Diversity'.

4.7.5. Guide for ethnic minoritieson Communityfunding 4.7.5.1. Sucha guide,as mentionedin paragraph382 ol the Evrigenisreport, does not existand, at present,the Commission has not made known any intention of issuingsuch a publication.

4.7.6. A comparative-lawstudy 4.7.6.1. This was takenup by the Commissionin 1986,but stoppedshort when the study'srecommendations were considered to be beyondthe Commission'scompetence. A moreextensive study on discriminationon nationalig,ethnic or racialgrounds in thefield of employmentwas carriedout by the Councilof Europein 1987and 1988.

4.7.7. Casestudies of certainCommunity urban centresexperiencing high levels of racism 4.7.7.1. Eitherthe EuropeanParliament or theCommission could have taken initiatives in this direction(see para.387 of the Evrigenisreport) by way of seminaror a studyvisit involvingall politicalgroups. The examplehas once againbeen set by the Councilof Europe'sCommittee of Expertswhich already carried out such study visits in Birmingham (1986),Berlin (1988), (1988) and Barcelona(1989).

4.7.8. Mass media's role in eliminating racial prejudice and promoting har' monious relationsamong communitiesresident in Europe 4.7.8.1. The role of the mass media, the questionof professionalethics in the informationindustry and the representativenessof ethnic minorities within this industry are paragraphs 389 of the Evrigenisreport (see also chapter 6 of this mentionedin 388 and 'Migrants, presentreport). They were dealt with in a Councilof Europecolloquy on Medial and CulturalDiversity', held on 29 November- 1 December1988 (60). 4.7.8.2. A large numberof journalistsrepresenting ethnic minorities and journalists specializingin informationon ethnicminorities were present during the two anda halfday 114 CHAPTER4 event,as wellas otherpeople working with the mediaand with migrants and government officialsfrom manyMember States of the Councilof Europe. 4.7.8.3. Despiteits importanceand its unprecedentedcharacter, none of the European Communityinstitutions was represented.

4.7.9. Dialoguewith social forces 4.7.9.1. In the lastfour years, neither the Commissionnor the Parliamenthas paid sufficientattention to the needfor Europeandialogue with socialforces as outlinedin paragraphs400, 401 and 402ol the recommendations. 4.7.9.2. This is particularlyimportant as evidenceindicates that, as mentionedin the Evrigenisreport, there is considerabledistrust, dislike and antipathybetween the police and ethnicminorities. 4.7.9.3. The importanceof lslam in Europe and the exaggeratedreactions of intoleranceand misunderstandingthat we have witnessedin some MemberStates, particularlyin the Rushdieaffair and the lslamicheadscarf aftair, point to the urgentneed for a betterand fuller understanding by Europeangovernments, public authorities and the nativepopulation in generalof lslam. 4.7.9.4. Opendialogues, via discussionsand debates,with these two socialforces in pafticular,the policeand the lslamiccommunity, are therefore still important measures to implementin the fightagainst racism and xenophobia. 4.7.9.5. Once again, the Europeaninstitutions have been shown the way by the CouncilofEurope which has already looked into the relationshipbetween migrants, ethnic groupsand the police(61) and the culturaland religiouspractices of migrantsand ethnic groups(62). CHAPTER4 115

NOTES (') Debatesof the EuropeanParliament, No 2-343/109,8.10.86. (') The cautiousand hesitantattitude of the Commissionin such matterswas confirmedby Mr Marin,European Commissioner, when he pointedout thatinitiating legislation in the fieldof migrationwas 'a very delicateissue' and 'that it wouldbe preferableto arriveal an agreement withthe variousMember States so thatwe putforward a documentwhich will enable progress 'the ratherthan one whichis rejectedfrom the outset'.'l thereforeprefer', he added, pragmatic approach'.Debates of the EuropeanParliament, No 2-4341109,9.10.86. (') OJ No C 176,14.7.86. (') Eurobarometer,Special lssue, 'Racism and Xenophobia', November 1989, Direclorate-General Information,Communicalion, Culture, Surveys, Research, Analyses. (') 'A People'sEurope', Information Handbook, issued in 1987 by the Directorate-General lnformation,Communication and Cultureof the Commissionof the EC. (') Speakingon behalfof the EuropeanPeople's Party, Mr F.L. von Stauffenberg(PPE - D) criticizedthe wordingof the Joint Declaration:'We would like to have seen such a Joint Declarationfrom the institutionsof the Communitycouched in more inspiring,colourful and forcefullanguage than the simpleinsipid document in frontof us'. Debatesof the European Parliament,No 2-340/108,11 .6.86. (') MrsAdam-Schwaetzer was replying to a questionraised by theSocialist MEP, Ms R. Dury(S - B) requestingthe Councilthatas oneway to commemoratethe secondanniversary of the Joint Declaration,it could'send a noteto the MemberStates to find out exactlywhat they havedone towardsthis (anti-racism/xenophobia)campaign'. According to Mrs Adam-Schwaetzer,the aim of the JointDeclaration 'cannot (,..) be (..,)to setindividual actions by the Councilin thisrespect in trainbut to bringabout a changeof attitudeso that peoplein our MemberStates really accept this declarationof principle.'Debates of the EuropeanParliament, No 2-366/66,14.6.88. (') WrittenQuestion No 2381/86,of 10.3.87,(87lC 117/89). Reply given on 23.3.87. (') Debatesof the EuropeanParliament, No 2-366/66,14.6.88" ('o) lnterventionof Mr J. RamirezHeredia (S - E) in Debatesof the EuropeanParliament, idem. ('') ln replyto a writtenquestion (No 599/87ot 22.6.87- 88/C 23fiB) by Mr D. Baudis(PPE - F), Mr Ripadi Meana,on behalfof the Commission,said on 19.8.87that the necessaryfunds to carryout the Eurobarometersurvey on racismand xenophobiawere not availablein the 1987 budgetand the operationhad to be postponed.The amount of ECU200 000was allocated to the 1988'information' budget to enablethe surveyto be carriedout. (*) Eurobarometer,Special lssue, op. cit.,see note5. (") ldem.

('o) CommissionDecision of 8.7.85setting up a priorcommunication and consultation procedure on migrationpolicies in relationto non-membercountries (OJ No L127,19.8.85),Bulletin of the EuropeanCommunities, Supplement 9/85, pp. 19-20. ('u) Speech by CommissionerM. Marin, Debatesof the EuropeanParliament, No 2-356/72, 13.10.87. ('u) FRG (Case281/85); France (Case 283/85); the Netherlands(Case 28485); Denmark(Case 285/85);the UnitedKingdom (Case 287185). 116 CHAPTER4

(tt) The followingphrase was thus deletedfrom the CommissionDecision: 'To ensurethat the agreementsand measuresreferred to in Article1, includingthose relating to developmentaid, are in conformitywith, and do not compromisethe resultsof, Communitypolicies and actionsin thesefields, in particularas regardsCommunity labour market policy'. (tt) CommissionDecision ol8.6.88 setting up a priorcommunication and consultation procedure on migrationpolicies in relationto non-membercountries (88/384/EEC) (OJ No L 183/35,14.7.88). 'The ('t) CommissionReport: socialintegration of third-countrymigrants residing on a permanent and lawfulbasis in the MemberStates', SEC (89)924 final,22.6.89. 'A (to) People'sEurope', op. cit., see note 6. (t') New Approaches:A Summaryof AlternativeApproaches to the Problemof Protectionagainst Racismin MemberStates of the EuropeanCommunities', prepared by the RunnymedeTrust, 1986,Vi387187 = EN, ("'l ldem,p.20. 'Migrant f1 Womenand Ernployment',V1928187 = FR. ('o) COM(88)743 final. 'Migrant (tt) Womenand Employment',Community Seminar, Brussels, 17-18 September 1987, Final Report,V/902/88 = FR. 'Youth ('u) againstFlacism', ARC/GRAEL-87-, p.30. 'Guidelines g't tor a CommunityPolicy on Migration',Bulletin of the Commissionof the European Gommunities,Supplement 9/85, p.1 5. (tt) ldem,p.19. fl Debatesof the EuropeanParliament, No 2-343/110,8.10.86. fo) EuropeanCentre for Work and Societywhose main otficeis in Maastricht,the Netherlands. 'Discrimination (tt) Debateon againstimmigrant women'. Subject of debate:Report (Doc 1-133/87) by Mrs Heinrich,drawn up on behalfof the Committeeon Women'sRights, on discrimination againstimmigrant women in Communitylegislation and regulations. (tt) Debatesof the EuropeanParliament, No 2-374120,13.2.89. Chapter30 of the Cornmunitybudget on 'subsidiesfor BalancingBudgets', Article for ft) 'Subsidies 303 for certainactivities of non-governmentalorganizations pursuing humanitarian aims 'Remarks', and promotinghuman rights'. Under it is stated:'Part of the additionalappropriations requestedwould be used to set up the EuropeanForum for Migrants(numbering some 13 million),as recommendedat point3 in the JointDeclaration of 11 June 1986'. (*) Resolutionon the JointDeclaration against racism and xenophobia and an actionprogramme by the Councilof Ministers(PE 126.109/fin.)(150 in favour,90against and I abstentions). (tt) Oralquestionno 82 by MrsDomingo Segarra (S - E) (H-378/89)withreply by the Commission publishedin the'Verbatimreport of proceedings','Question Time', 22.11.89. (*) WorkingDocument of the Commissionof the EC, submittedto the Committeeof Inquiry(PE 139.485). (tt) The rulingof the EuropeanCourt of Justiceon 22.5.90constitutes a major recognitionof the powersof the EuropeanParliarnent which, according to Article173 of the Treatyof Romeand Article 146 of the EuratonnTreaty, is not included among the institutionsthat can take proceedingsto annulacts of otherinstitutions. The two aforementionedarticles explicitly grant this poweronly to a MemberState, the Councilor the Commission.However, in the case submittedby the EuropeanParliament requesting the annulmentof a Councilregulation of 22.12.87,which determines,atter the Chernobylnuclear accident, the admissiblelevels of radioactivecontamination in foodstuffsafter a nuclearaccident, the EuropeanCourt ruled that it CHAPTER4 117

had to guaranteerespect for the 'institutionalequilibrium' prescribed by the EC Treaties.The Parliament,ruled the Court,'like the otherinstitutions, (..,) cannot have its prerogativesignored withoutbeing able to take legalrecourse (.,.) that can be exercisedsurely and etfectively.'From nowon, the EuropeanParliarnent will havethe powerto submita requestto the EuropeanCourt for annulmentof a Councilor Commissionact 'on the conditionthat these proceedingsonly involvesafeguarding its prerogatives.' (*) Proposalfor a Councilresolution on the fightagainst racism and xenophobia(COM(88) 318 final)in OJ 88/C214112 of 16.8.88. (*) Reactionby Mr M. MedinaOrtega in the debatesof the EuropeanParliament, No 2-374/18of 13.2.89. fo) Debatesof the EuropeanParliament, No 2-374/20,13.2.89. (o') Explanatorystatement of the report (Doc A2-265188)drawn up by Mr M. MedinaOrtega on behalfof the Committeeon LegalAffairs and Citizens' Rights on the proposalby the Commission to theCouncilfor a Councilresolution on thefight against racism and xenophobia (COM(88)318 - c2-1048q. (or) Opinionof the Economicand SocialCommittee on the proposalfor a Councilresolution on the fightagainst racism and xenophobia(COM(88) 318 final),SOC/164 Racism and Xenophobia, CES 1232188AH/co/hm,23 November 1988. 'Whereas (or) The suppressedphrase was: any measuretaken in this connectionmust protectall personson Communityterritory, whether they are nationalsof MemberStates or of non-member countries,foreigners in a Member State or nationalswho are perceivedor who perceive themselvesas belongingto a foreignminority.' (*) OJ No C 214136,16.8.88. (or) OJ No C 177,6.7.88,p.5. (ou) One relatedincident which managedto get a lot of mediaattention, probably because of the reactionof the Mayorof Orl6ansin France,concerned a group of seven childrenwho were refusedpermission to transitthrough Belgium to the Netherlandsin May 1988.Five were Moroccanswith a 'grouppassport' issued by the Moroccanconsulate and the two others,a Tairianand a Laotian,whose parentshad refugeestatus in France,were in possessionof a safe-conductpass. They were part of a groupof 55 childrenfrom a schoolin Orl6ans,travelling by coach to the Netherlandson a two-weekcultural trip after one and a half months of preparations.Another child, of Caribbeanorigin, was allowedto enterBelgium only after etforts were made by the accompanyingteachers to explain that citizensfrom French overseas territorieshad the same rights as French nationals.The seven children,shocked by the discriminatorytreatment and separationfrom their classmates, had to returnto Orldansby train, When he learntof the incident,the Mayoror Orl6ansaddressed a stronglyworded telegram of protestto the BelgianAmbassador in Paris(see Liberation and Le Monde,23.5.88). (ot) OJ No L 158,25.6.88, p.42. (nr) OJ No L 199/32.6.8.77. c') Reporton the implementationin the MemberStates of Directive77l486lEEQ on the educationof the childrenof migrantworkers, Brussels, 3 January1989, COM(88) 787 final. (*) ldem,p.125. (") ldem,p.126. ('1 OJ No C 1871117,18.7.88. (ur) COM(88)318 final (OJ 881C214112). (*) OJ No C 246,20,9.88(COM(BB) 371 final. 118 CHAPTER4

'Europe (uu) against Racism',European Parliament, Strasbourg, 14.3.89. Verbatim report of Symposium. (tt) Writtenquestion No 323/87by Mr O. d'Ormesson(DR - F)to the Commissionof the European 'Subsidies Communitieson for SOS Racism'dated 6 May 1987,Reply given by Mr Delorson behalfof the Commissionon I October1987. (ON No C 42/17of 15.2.88). (ur) AntönioCruz (1990):'An Insight into Schengen, Trevi and otherEuropean Intergovernmental Bodies' BriefingPapers No 1 of the Churches'Committee for Migrantsin Europe(CCME), Brussels.Available also in Frenchand German. f') Communityrelations and solidarityin Europeansociety, Interim report on the community relationsproject prepared by the Committeeof Expertson CommunityRelations (MG-CR), Strasbourg1989, Doc MG-CR(89) 3 rev. (un) Detailsfrom: Ökumenischer Vorbereitungsausschuss zur Woche der ausländischenMitbürger, Neue Schlesingergasse22-24, D-6000 Frankfurt am Main1. Tel: 49 (69) 29 31 60. (*) Documentsof the Colloquyon Migrants,Media and CulturalDiversity (MG-CR/coll 1 (8S) 3,4,5,9,10,11,12 and MG-CR/coll1 (89)1), Council of Europe. f') Conclusionsof the meetingof expertson migrants,ethnic groups and the police,Strasbourg, 15 December1988, Addendum to MG-CR(88) 25, Councilof Europe. (u1 Conclusionsof the meetingof expertsof culturaland religiouspractices of migrantsand ethnic groups,Strasbourg, 26-28 June 1989,Addendum to MG-CR(89) 4, Councilof Europe. 119

Chapter5: Generaltrends in policiesand intergovernmentalstructures

5.1. The foreign population in the Gommunity

5.1.1. Thereare about13 millionmigrants residing in the 12 MemberStates of the EuropeanCommunity out of a totalpopulation of 320million. Of thosemigrants about eight miffion(2,5o/") are nationalsof non-MemberStates (so-called third-country nationals), Among them are almost two million who come from developedand industrialized countries.There are aboutfive millionmigrants from MemberStates (1,5%) living in the Community.

5.1.2. The large majorityof third-countrynationals (86,9%) resides in the Federal Republicof Germany(more than threemillion), France (more than two million)and the UnitedKingdom (almost two million).

5.1.3, Of the traditionalreceiving countries only Belgiumand Luxembourghave fewer third-countrymigrants than migrants from other Member States. In the traditionalsending countries,Greece, ltaly, Portugal and Spain, there is alsoa significantnumber of migrants lrom third-countries(1). Table1: Total and foreign populationin the MemberStates

(in thousandsand o/ool total population) 1987 Total EC-migrants Non-ECrnigrants

Belgium I864,8 532,7 (5,4o/o',) 315,2 (3,2o/ol Denmark 5102,0 27,0 (0,5'/") 102,0 (2,0o/o\ FRG 61 170,5 1377,4 (2,3o/"') 3195,5(5,2Y") Greece I739,6 55,3 (0,6%) 31,3 (0,3%) France(1982) 54 273,2 1 577,9 (2,9%\ 2102,6 (3,9%) lreland 3 543,0 61,7 (1,7o/") 17,8 (0,5%) Italy(1981) 56 556,9 91,1 (0,2V.) 112,1 (0,2o/"') Luxembourg(1989) 384,2 101,6(26,4 %) 1Q,3(2,7 o/o\ Netherlands(1988) 14714,2 159,9(1,1 %) 434,9 (2,9o/o\ Portugal 10270,0 23,9 (0,2%) 65,6 (0,6%) Spain 38 832,3 193,3 (0,5%) 141,6 (0,4a/") UnitedKingdom 56 075,0 810,0 (1,6 o/o) 1 651,0 (2,9Yo) TOTAL 320 525,7 5 014,2 (1,6%) 8 179,0 (2,6%)

(Source:European Commission) 120 CHAPTER5

5.1.4. Not includedin the categoryof migrantsare thosewho havethe nationalityof host countries(for example,those comingfrom some formercolonies of France,the Netherlandsand the UnitedKingdom), or haveacquired the nationalityof a hostcountry, the numberof whom has increasedsubstantially over the years.These people may have no problemswith respectto theirlegal status. They do, however,suffer just as muchfrom xenophobiaand racismas other migrants.On the other hand, migrantsfrom other industrializedcountries (such as the United States, Canada and Australia)are most certainlygiven more friendlytreatment.

5.1.5. Overthe lastfive yearsthe foreignethnic minority population has risendespite the restrictivepolicies of the 12 MemberStates. This is largelydue to naturalpopulation increaseand familyreunification.

5.1.6. The relativelyhigher natural growth rate for foreignethnic minority population than for nationalscontributes to the growthof the foreignpopulation. However, foreign women'sfertility is graduallycoming into linewith that of nativewomen, including those foreignerswhose fertility rate was much higherthan that of nativeson their arrivalin the country(2).

5.1.7. Familyreunification is andwill be an importantchannel for migratorymovements. An aspectof it is that youngpeople of foreignorigin sometimes choose their spouse in the countryof originof their parents.The over-representationof malesamongst the migrants in thesouthern Member States willprobably lead to morefamily reunification in thecoming years.

5.1.8. Since1983 about 800 000 personshave applied for asylumin Europeof which one thirdcome from the MiddleEast, 15% from the Indiansubcontinent and 10%from Africa.The FederalRepublic of Germanyand Francerank high in the countriesof reception,besides Sweden and Switzerland(3).

5.1.9. A set of interlinkedfactors will force peopleto move.There is the persisting imbalancebetween developed and underdevelopedcountries. Because of crop-failures, abuseof naturalresources and ecologicalchanges, an estimated600 millionpeople will sufferfrom malnutritionand to survivemany of themwill haveto find a betterplace to live. Demographicfactors play a roleas well.At least60 millionyoung people enter the labour marketsof the least developedcountries in the world each year.

5.1.10. Furthermore,the ongoing armed conflicts in theworld and the manyoppressive regimesforce people as wellto leavetheir country to find a livingelsewhere.

5.1.11. Notwithstandingthe factthat the numberof refugeesand asylum-seekers who come to Western Europe is on the increase,the large majority of them stay in a neighbouringcountry (4). CHAPTER5 121

Table 2 Asylum applicantsand total number of refugees

Total refugee 1987 1988 PoPulation (asper 31,12.1988)

Belgium 5 955 4784 24 000 Denmark 2700 4 668 27 876 FRG (.) 57 400 103 076 800 000 Greece (.)6 950 7 992 I 400 France 27 352 34352 184 453 lreland na 45 300 Italy (.) 11050 na 10960 Luxembourg na na na Netherlands 13460 7 486 25 500 Portugal (-)450 287 767 Spain (.)2500 4 504 I 691 UnitedKingdom (.) 4 500 3 300 100000 na: not available. (') Accordingto OECD. (Sources:UNHCR (5) and OECDf))

5.2. Recent developments in Central and Eastern Europe 5.2.1. Despitethe improvementsin the sphereof humanrights, changes in the political systemin Centraland EasternEurope combined with the economiccrisis in theseparts, led to new movementsof peopletowards mainly West Europe.The abolitionof travel restrictionsin mostCentral and Eastern European countries made it possiblefor peopleto cometo WesternEurope. The countriesaffected most by it are the FederalRepublic of Germany,Austria, and ltaly;Hungary and the GDR are also receiving a significantnumber of peoplefrom other Eastern European countries. 5.2.2. ln the lastfew yearsthe numberof peoplefrom EastGermany and to a lesser extentfrom other Central and EastEuropean countries coming to the FederalRepublic of Germanyhas increased enormously. There was an estimatednumber of 230000 in 1988 and370 000 in 1989of so-called'transferees' (Uebersiedler, Germans from the GDR) and 'resettlers'(Aussiedler, ethnic Germans living in EastEuropean countries). They cannot be consideredas refugeesfalling under the 1951Geneva Convention. 5.2.3. Citizensof the GermanDemocratic Republic can easilyobtain the citizenshipof the GermanFederal Republic, by virtueof whichthey are entitled to movefreely within the Community.Mainly for that reason the signing of the SchengenSupplementary Agreement,due in December1989, was postponeduntil more clarity could be givenon the unificationof the two Germanrepublics. (lt was renegotiatedand signedon 19 June 1e90). 5.2.4. In the GDRthere are between180 000 and 200000 foreignresidents out of a populationof 16 million.Between 40 000 and 50 000 of them have permanentrights of residence.The othershave come to workfor four or fiveyears and it has beendecided 122 CHAPTER5 thattheir contracts will not be renewedwhen they expireas mostwill do in the nextfew years(?).

5.2.5. In Austriathere has been a stronginflux of Romanianrefugees of Hungarian origin.GDR Nationalswent to Austriaas well, but movedon to the FederalRepublic. Thereis alsoan increaseof asylum-seekersfrom Bulgaria and of Sovietcitizens of Jewish originwho only passthrough Austria.

5.2.6. ln Hungarythe majorityof the refugeescomes from Romania.Since many of themare ethnicHungarians, it is uncertainwhether they will returnto Romanianow that the dictatorshiphas beenoveilhrown.

5.2.7. ltaly saw an increasein the numberof asylum-seekersfrom Polandand to a lesserextent from the SovietUnion and other East Europeancountries. Many of them intendto leavethis countryas soonas they can and to go to the UnitedStates (8).

5.2.8. lt is claimed,particularly by the FrenchGovernment, that countriesother than thosementioned are also affectedby the movementsof peoplein Centraland Eastern Europe,although in a more indirectmanner. lt has beenpointed out that,for example, manyPoles are takingover positions held by Turksin the FederalRepublic and thatthe latterin turnalso move further West (many Turks have been reported to havegone to the Alsaceregion).

5.2.9. Polestry to findwork in WestEuropean countries, a practicewhich dates back to longbefore the majorpolitical changes in Poland.They worked on a temporarybasis with a tourist-visain manyWest Europeancountries.

5.2"10. lt is, however,debatable whetherthe influx of peoplefrom Central and East Europewill leadto the increasingmovement of third-countrymigrants who are already quitesettled in CommunityMember States.

5,2.11. On the otherhand, there is a fair chancethat the differentgroups seeking admissioninto the Communitymay be playedoff againsteach other to the detrimentof peoplefrom the ThirdWorld. This would be a newform of Eurocentrismwhich could also leadto discriminationand racistbehaviour towards non-Europeans already residing in the Community.

5.2.12. Socio-economicdevelopments will determine very much whether more people will migrateto MemberStates of the Community.Therefore, economic aid and other economicmeasures by the Community and the individual Member States willalso be seen as a meansof discouragingpeople from coming to WesternEurope (s).

5.2.13. Tensionsbetween traditional minority groups in Centraland EasternEurope mayresurface which could lead to an increasein the numberof refugeesfalling under the GenevaConvention. CHAPTER5 123

5.3. Labourmarket 5.3.1. For two reasonsattention should be paidto the positionof migrantsand ethnic groupsin thelabour market. In thefirst place, someone's social position is to a greatextent determinedby havinga paid job. Being employedeases full participationin society considerablyin morethan one way. lt giveseasier access to socialand politicalpower, to betterhealth and educationfacilities, etc. 5.3.2. Secondly,discrimination and racismare growingin this vitalarea of sociallife. This increasesthe numberof unemployedpersons belonging to the categorymigrants and membersof ethnicgroups, who are mademore dependenton the socialsecurity 'loreigners' system,which among other things, will add to the negativeideas about as 'profiteers' and will feed racistideas. 5.3.3. Accordingto the OECD('0) the numberof authorizedforeign workers entering the labourmarket is risingin almostevery countryunder its review,including South Europeancountries. This is due to the influxof new foreignworkers (as permanent, seasonalor temporaryworkers) into countries like the FederalRepublic, France and the UnitedKingdom, to the admissionto the labourmarket for thefirst time of reunifiedfamily membersand thoseborn in the hostcountry, and to the regularizationof unauthorized migrantsin countrieslike ltalyand Spain. 5.3.4. Generallyspeaking, the unemploymentof migrantsis disproportionatelyhigh comparedwith Community citizens and is stillrising although not in everyMember State (for example,in the FederalRepublic there is a decreasein a still depressinglyhigh numberof unemployedmigrants). 5.3.5. In decliningindustries (basic industries, motor vehicles, building and engineer- ing), the employmentof foreignershas fallen relativelymore than that of indigenous workers.This holdsespecially true for lessskilled and oldermigrants, 5.3.6. Still accordingto the OECD, foreignworkers have borne the full brunt of redundanciesin manufacturingindustries prompted by reductionof activitiesand relocationof production. 5.3.7. In the tertiarysector, there is a growthof foreignemployment in domestic serviceswhich makesextensive use of foreignfemale labour. Maintenance work and caretaking(cleaning and the like)for industry,shops and governmentdepartments are more and more subcontractedto seruicefirms, which recruitforeign workers of both SEXES. 5.3.8. There is an expansionin independentemployment of migrantsin France (ltalians,Spaniards, Portuguese and NorthAfricans in the buildingtrade), in the Federal Republic(Turks in retailfood and electronicequipment) and in the UnitedKingdom (Pakistanisas small shopkeepers).Moreover, flexibility, subcontracting and external- izationgive riseto the creationof smallenterprises by foreigners, 5.3.9. Giventhe overall high rate of unemployment,competition in thelabour market is high. On variousoccasions migrants' associations and other organizationsin various MemberStates have drawn attention to the fact that foreignworkers are discriminated 124 CHAPTER5 againstin findingjobs by officialagencies and employers and that indigenous workers try to monopolizethe labourmarket. Moreover, it seemsapparent that membersof ethnic minoritiesoften face discriminationin promotionand careeradvancement.

5.3.10. A seminarorganized in 1987to examinethe findingsof the Evrigenisreport statedthat '... thereis a needfor a concertedprogramme of actionagainst all formsof discriminationand exclusion against migrant workers and black minority groups in thefield of employment.This programmeshould promotegreater equality of opportunityfor minoritygroups in the labourmarket.

5.3.11. Measuresaimed at promotinggreater equali$ would work best if governments alsotook steps to promotefull employmentand economicregeneration. This is the case becausein the contextof economicrecession and unemploymentit is easy for racist groupsto use minoritygroups as scapegoats,and blamethem for the high levelsof unemployment(11),

5.3.12. The existenceof an often complicatedsystem of work and establishment permitsmakes it ditficultfor those falling under these rules, notably third-country nationals, to find jobs or to set up an independententerprise. For instance,there are many restrictionsas to the kindof jobs,the durationof contract,etc. Moreover, for employersit givesthem moretrouble to engageforeign workers because they haveto complywith manyformalities (12).

5.4. lnternationalinstruments

5.4.1. Flarmonizationof policies is oneof the keyphrases in theprocess of finalizingthe internalMarket. In the nextsection an overviewwill be givenof the inter-governmental bodiesof the MemberStates dealing with, amongother issues,the harmonizationof rnigrationand refugee/asylumpolicies. Here an overviewwill be givenof the presentstate of affairswith regard to the mostrelevant international conventions related to thesubject of this report.

5.4.2. For at leastthree reasonsinternational conventions are of importance,apart fromwhat they offer specifically as protectionof thesocial, economic and legal rights of all citizensand those who belongto minoritygroups. Firstly, these international instruments, onceratified and incorporatedin the respectivenational legislations, harmonize, at least partly, the policiesof the contractingparties. Secondly,by signing and ratifying conventions,governrnents assume their responsibilityfor combatingdiscrimination, xenophobiaand racismand, in doingso, givean exampleto the public(13).Thirdly, as internationalnorms these conventions can be referredto by non-governmentalorganiza- tionsin countrieshaving not ratifiedthem.

5.4.3. To dateno UN Conventionexists which deals exclusively with migrant workers andtheir families. A draftConvention on theProtection of theRights of All MigrantWorkers and theirFamilies will mostprobably be presentedto the GeneralAssernbly in Autumn 1990. CHAPTER5 125

5.4.4. Unfortunately,national parliaments and non-governmentalorganizations seem not to be givingmuch attentionto the draftingof this first UN Gcnventionon migrant workers.

5.4.5. Only11 of the 12 MemberStates of theCommunig have ratified the International Conventionon the Eliminationof All Formsof RacialDiscrimination. lreland has not.This Conventionis the most widely ratified- by 128 States- of all the human rights agreements.The Conventionprovides for a Committeeon the Eliminationof All Formsof RacialDiscrimination (CERD), which among other matters, discusses the countryreports regularlysubmitted by the contractingparties. These reports are a valuableinstrument for bothgovernmental bodies and non-governmental organizations for the assessmentof the situationin the variouscountries (14). 5.4.6. Evenmore important is the recognitionof the competenceof the Committeeto receiveand considercommunications from individualsor groupsof individualswithin the jurisdictionof thecontracting States, claiming to be victimsof a violationof theConvention. Only four CommunityMember States have acceptedthis rightof individualcomplaint: Denmark,France, ltaly and the Netherlands.With regard to the lastcountry, an individual complaintput forwardby a Turkishwomen was receivedwhich led to an opinionof the Committeein her favour(see above). 5.4.7. Unfortunately,the Secretariatof the CERD is workingwith too tight a budget whichmakes it difficultto lully implementthe importanttasks attributed to it. 5.4.8. AlltheMember States have ratified the 1951Convention Relating to the$tatus of Refugeesand the 1967Protocol Relating to the Statusof Refugees('u). 5.4.9. ltaly droppedthe so-calledgeographical restriction in December1989, thus allowingrefugees from countries other than Europeto be recoEnizedas suchunder the Convention.

5.4.10. Governmentsare faced with the factthat an increasingnumber of peopleseek asylum in West Europeancountries who, strictlyspeaking, do not fall under the Conventionand the Protocol.

5.4"11. Thereexists an ad hoc 'Consultationson the Arrivalsof AsylumSeekers and Refugeesin Europe'convened by the UNHCRin whichsenior gCIvernru'lent officials af participatingstates work together (including rnany European states and Australia, tanada and the USA). The consultationsaim at closer dialogueand cooperation,ineiuding exchangeof inforrnationon asylum-seekersand refugees.A numberof workinggroup meetingsand workshopshave been organized on long-termasyh"rm/refugee policy and the migrationflux from Easternto WesternEurope (16).

5.4.12. Two importantILO Conventions(tt) airn at erisuringnon-discrimination or equalityof opportunityand treatmentbetween migrant and nationalworkers: Convention No 97 (ratifiedby eight CommunityMember States: Beigium, France, the Federal Republicof Germany,ltaly, the Netherlands,Portugal, Spain and the l.JnitedKlngdom) andConvention No 143(only ratified by two MemberStates, italy and Portugal)"The latter providesalso protectionto so-calledundocurnented or clandestinernigrant workers. 126 CHAPTER5

5.4.13. The ILOdoes not, at present,contemplate further standard setting in thisfield because,among other reasons,the Organizationwill be involvedin the supervisory arrangementsforeseen for the new UN Conventionon All MigrantWorkers and their Families. 5.4.14. The legalstatus of migrantworkers in the MemberStates of the Councilof Europeis coveredby the EuropeanConvention on the LegalStatus of MigrantWorkers. This Conventionhas been ratifiedby only seven Councilof EuropeMember States, amongthem four CommunityMember States: France, the Netherlands,Portugal and Spain.At itsfifth meeting in November1989, the Consultative Committee on the European Conventiontook noteof the fact that quitea numberof countriesstill haveto ratifythe Convention.The Committeeasked the Committeeof Ministersto invitethose States to explaintheir technical difficulties in ratifyingand offeredassistance to overcomethem. Furthermore,the competentbodies of the Commissionof the EuropeanCommunities would be contactedin order to ascertainthe currentEEC positionwith regardto the Convention(tt). 5.4.'15. Apartfrom this Convention, there are a numberof Conventionswhich also have a bearingon the positionof migrantsand membersof ethnic groups,such as the EuropeanConvention on HurnanRights (ratified by all MemberStates of theCommunity), the EuropeanConvention on Establishment(not ratifiedby threeMember States of the Community:France, Portugaland Spain)and the European SocialCharter (not ratified by threeCommunity Member States: Belgium, Luxembourg and Portugal). 5.4.16. The EuropeanCourt of Human Rightsand the EuropeanHuman Rights Commissionaim to maintainthe European Human Rights Convention. Complaints may be put forwardto thesebodies by individualsas well. 5.4.17. The ParliamentaryAssembly of the Councilof Europe proposedthat an internationalinstrument be framedto grant permanentresidence rights for long-stay migrantsand their families.However, it seems unlikelythat the politicalwill existsat present.

5.4.18. The SteeringCommittee on Localand RegionalAuthorities of the Councilof Europedrafted a Conventionon the Participationof Foreignersin PublicLife at Local Level. This draft conventionwould grant foreign residentsthe right to form local associations,encourage the settingup of localconsultative bodies for the representation of foreignresidents, and grantthe rightto voteand to standfor electionin localelections. The draftwill be submittedto the Committeeof Ministers. 5.4.19. TheCouncil of Europehas a specialcommittee which deals with refugee and asylumpolicy matters. lt is knownby its acronymCAHAR which stands for the ad hoc Committeeof Expeftson the Legal Aspectsof TerritorialAsylum and Refugeesand StatelessPersons. lt is the oldestof all Europeanfora looking into asylum matters, having undertakento studythe questionof the first countryof asylumas from 1978.In 1988 CAHARfinalized a'Draft Agreement on Responsibilityfor ExaminingAsylum Requests'. However,as someof the moreimportant Member States of the Councilwere opposed to signingthis agreement, the text was shelved and it hasin a sensebeen superseded by the Conventionon the determinationof the MemberState responsiblefor examiningan CHAPTER5 127 asylumrequest presented in one CommunityState signed by 11 of the 12 EC Member Statesin June 1990(1s) (see below).

5.4.20. In its recommendations,the Evrigenisreport calls upon the MemberStates of the Communityto ratifythe Conventionsrelated to the subjectof the report.On various occasionsit has been pointedout that Statesshould recognize the rightof individual complaint.Where this is alreadythe case, it is necessaryto educatein these matters membersof the legalprofession, judges and non-governmentalorganizations, including associationsof migrantsand ethnicminorities in orderto makeinlernational instruments more effective(20).

5.5. lntergovernmentalcoordination 5.5.1. As alreadymentioned there are variousbodies engaged in the preparationof migrationand refugeepolicies of the MemberStates. The mostrelevant will be described here.

5.5,2. TheSchengen Group is composedof thefive States which signed the Schengen Accord(1985), viz. Belgium, the Netherlands and Luxembourg (Benelux), France and the FederalRepublic of Germany.The 1985Accord is dividedinto two parts.The firstpart dealsmainly with the freemovement of goodsand servicesand the secondwith steps to be takento allowfor the free movementof persons.For that purposeit was decidedto draw up a SupplementarySchengen Agreement. 5.5.3. Everysix months meetings are held of StateSecretaries and Ministers of Justice, of the Interiorand/or Foreign Affairs. In betweensuch meetings others of a lowerlevel are held,such as thoseof the EditorialCommittee which is responsiblefor the various drafts of the SupplementaryAgreement.

5.5.4, Therehave been attemps to enlargethe group of five.ltaly, Spain, Denmark and evenAustria have been possible candidates.

5.5.5. The Commissionof the EuropeanCommunities has observerstatus with the SchengenGroup and Mr MartinBangemann is its representative. 5.5.6. Althoughall membersof the Groupare membersof theCommunity, it is strictly outsidethe competenceof the Communityinstitutions. This makes it possiblefor boththe Councilof Ministersand the Commissionto refuseto answerquestions raised by membersof the EuropeanParliament on the SchengenGroup. 5.5.7. The SupplementaryAgreement rests on four main categoriesof policy measures:1) measuresto be takento reinforceexternal borders, 2) a commonvisa policy, 3) a commonpolicy on refugeeand asylumand 4) the settingup of a database system, knownas the Schengenlnformation System (SlS).

5.5.8. Althoughthe proposedmeasures under points 3 and 4 got full publicattention oncethe draft Agreement was leakedout, this dealt with many other issues related to the freecirculation of goodsand persons(rt). 128 CHAPTER5

5.5.9. The scheduledsigning (15 December1989) was calledoff for morethan one reason,One was the uncertaintywith respectto the futurerelation of the GDR with the FRGand the Communig.However, the DublinSummit (April 1990) clarified this question somewhat.Other problems were ironedout duringa meetingof seniorofficials in the Hague(April 1990). At that meetingthe FRGput forwardnew proposalson harmonized visa policiesand the protectionof non-computer-storeddata. The problemsbetween the Netherlandsand Luxembourgon fiscalfraud were finally solved and the SSAwas signed in June 1990.This raisesthe questionwhich Agreement will haveprecedence over the other:the SupplementarySchengen Agreernent or the proposedconvention on asylumof the Ad Hoc lmmigrationGroup (see below). 5.5.10. The TREVIGroup was set up in 1975as an intergovernmentalbody under internationallaw (outsideof Communitylegislation) with the initialaim of coordinating effortsto combatterrorism. lt is composedof the Ministersof the Interiorand/or Justice of the MemberStates, but it is nota EuropeanCommunity structure. The Commission of the Communitieshas beenexcluded from the meetingsof the Group. 5.5.11. The THEVIGroup gradually extended its work to includeinternational crime and drugtrafficking and in 1988the so-calledTREVI 1992 Group was set up to examine the problemsraised by the liftingof internationalfrontiersin the field of operationalmatters of policeand security,and proposestandarized solutions to the otherworking groups in the TREVIframework. 5.5.12. The measuresenvisaged include reinforced checks on persons(irregular migrantsand refugees/asylum-seekersare included)at the externalborders, information exchangewith the database system (similar to the Schengenproposals), training of police officersfor externalborder surveillance, harmonization of criteriaof securityand checks at land,air and sea ports,harmonization of legislationproviding for finingair, landand sea carriersfor transportingpassengers without adequate and/or valid travel documents, lists of deported persons and of personae non gratae, harmonizationof policies on immigration,visa and asylum,etc. 5.5.13. Herelies the source of the unacceptableamalgarn in thevarious TREVI groups of dealingwith criminals on theone hand and with migrants and refugeeson theother (22), 5.5.14. The Ad Hoc Groupon lmmigrationwas set up in 1986and is composedof the Ministersof the Interior.lt hasa permanentsecretariat at the Councilof Ministers,but is, again,not a Communitystructure. The Commissionparticipates in its meetingswith the statusof 'member'andnot as a Communityinstitution with the rightof participationunder Communitylaw. 5.5.15. The Groupdrafted a conventionon the determinationof the Stateresponsible for exarniningan asylumapplication presented in one of the MemberStates. This draft was signedin June 1990. 5.5.16. Anotherconvention is in the makingon all aspectsof checkson personsat the externalfrontiers of theCommunity. This one should have been ready at thesame time as the conventionon asylum,but there were problemswith respectto proposalsfor a commonvisa policy.However, it is due to be signedbefore the end of 1990. CHAPTER5 129

5,5.17, The EuropeanCouncil at Rhodes(1988) decided to havecoordinated all the ongoingactivities of the variousfora examiningthe liftingof the internalborders as per 1 January1993. For that purpose the so-calledGroup of Coordinatorswas set up and is composedof highrankinggovernment officials. 5.5.18. ThisGroup is withinthe frameworkof the Community,which means that the Counciland the Commissionare competentto replyto questionsraised by the European Parliament. 5.5.19. On oneoccasion the EuropeanParliament raised the question of the listof the 59 countrieswhose nationals require an entryvisa for anyof the 12 MemberStates as of the beginningof 1990.The listwas decidedby the Groupof Co-ordinators.Furthermore, the EuropeanParliament wanted to knowwhether the Commissionwas awarethat the exclusionof theUnited Nations High Commissioner for Refugeesfrom discussions within theGroup of Co-ordinatorswhen refugee matters are being discussed is in violationof the Treatyof Romeand the UN Conventionand Protocolrelating to the Statusof Refugees. The questionwas not answered(23). 5.5.20. ThisGroup drew up the so-called Palma Document which contained two lists of measuresto be takento removethe obstaclesfor the liftingof the internalborders. The firstlist comprises measures that are essentialand the secondthose which are desirable butnot essential. The Documenthas been adopted and the Grouphas tried to ensurethat the necessarysteps are takenin the MemberStates so as to meetthe deadlinesfor the remainingobstacles to a Europewithout internal frontiers.

5.6. Human rights 5.6.1, All mattersrelating to migrants,asylum-seekers and refugeesmust be handled inconformity with the established principles of internationallaw as containedparticularly in UnitedNations, lLO, and EuropeanConventions and solemndeclarations. There is no reasonto arguethat the 1992operation is an exceptionto thisrule. Member States could contributeto the harmonizationprocess of theirmigration and refugeepolicies by ratifying all relevantconventions, All kindsof additionalmeasures could be takenon the basisof theseconventions. 5.6.2. lt is obviousthat the completion of the InternalMarket requires many measures to makepossible the freecirculation of goods,capital, seruices and people.As far as the free movementof peopleis concerneda complicatingfactor is the existenceof many intergovernmentalgroups which very oftenoperate behind closed doors and separately fromthe Europeaninstitutions and have their own proceduresof policy-making.This not only hampersdemocratic control, but also givesthe ideathat the variousbodies are workingon a verydelicate and huge problem, namely how to keepas manynew migrants, refugeesand asylum-seekersas possibleout of the Community. 5.6.3. The proposedmeasures and agreements,as far as theyhave become known, are not only ratherrestrictive - migrantsand-ethnic minorities often use the expression 'FortressEurope' to characterizethe proposedpolicy - but treatmigration and refugee mattersvery muchas relatedto policing.And this has a very negativeeffect on public 130 CHAPTER5

opinion.Associating migrants and refugeeswith policeand nationalsecurity could well feed racistideas and couldbe usedto legitimizecertain forms of racistbehaviour (extra identitycontrol of thosewho are or look like 'foreigners'). 5.6.4. Policiesrelated to freedomof movementare not merelyadministrative arrange- ments betweenthe 12 Member States, but deal with fundamentalhuman rights. Therefore,the governmentsshould, already at the negotiatingstage, consult with the competentpolitical bodies such as the Europeanand nationalparliaments. 5.6.5. CommissionerBangemann, responsible for free movement after 1992, informed the Committeeof Inquiryon 7 l';lay1990 that although a commonimmigration policy was de.sirable,it was notessential before abolishing the internalfrontiers.He felt, however, that visaand asylumpolicy did needto be harmonizedquickly. His view was thatthe 13-14 million'non-Europeans' living in the EC wouldbe ableto circulatefreely throughout the Community,although they would not have the right of residencethroughout the Community.Commissioner Bangemann was unable,however, to statehow a distinction would be made betweenthe 'rightof free circulation'and the 'rightof residence'.This uncedaintylends credence to fears that non-Europeanresidents may be subjectedto increasedrandom identity checks. CHAPTER5 131

NOTES

(') Figuresbased on a reportof the Commissionentitled: The socialintegration of third-country migrantsresiding on a permanentand lawfulbasis in the MemberStates. (Sec (89) 924 final). (') OECD,Continuous reporting on migration,SOPEMI report 1988. (Paris, 1989). (t) Jonas Widgren,Asylum seekers in Europe in the context of South-Northmovements. InternationalMigration Review (Vol. 23, 1989). (') Widgren,op.cit. See also his paper, International migratron. New challenges to Europe(Gouncil of Europe,1986). Furthermore, Gilbert Jaeger, Study in irregularmovemenls of asylum-seekers (UNHCR,1985) and for recentstatistics and analysis,The World RefugeeSurvey 1989, publishedby the US Committeefor Refugees(Washington, 1990). f) UNCHRactivities financed by voluntaryfunds: Report for 1988-89and proposedprogrammes and budgetfor 1990.Part lll: Europeand NorthAmerica. (A/AC.96/ 724 (Partlll). (t) OECD,Sopemi 1988. (t) Mrs. Roth'ssubmission to the Committeeof lnquiryinto Racismand Xenophobia.See also MigrationNewssheet, May 1990. (t) Basedon: ParliamentaryAssembly of the CouncilofEurope, Report on refugeesfrom countries of Centraland Eastern Europe. Rapporteur: Mr. Fuhrmann.22 January 1990. Doc.6167. (n) A clearexample is the decisionof the governmenlof the FederalRepublic to offera 1-for-1 exchangerate when the Deutsche mark replaces the East German mark. Bonn admitted that this wasbased on politicalrather than economic factors to keepthe EastGermans from emigrating. InternationalHerald Tribune, 25 April1990. ('o) Sopemireport 1987 and 1988. (") Newexpressions of racism.Growing areas of conllictin Europe.In: SIM Special No 7. Repoftof the Seminarheld in Amsterdam(October 19-21, 1987), organized by InternationalAlert and the NetherlandsInstitute of HumanRights. Compare: British Council of Churches,Account of hope. Reportof a conferenceon the economicempowerment of the blackcommunity (London, 1990). See also the Evrigenisreport and the Councilof Europe'sInterim Report on the Community RelationsProject (1989). MG-CR (89) 3 rev. ('') Jan Niessen,Migrants Rights. Migration and (selt) employment.Residence and workpermrt arrangementsin seventeenEuropean countries (Maastricht, May 1990).For self-employed personssee also, Ali Najib,The contribution of migranVethnicgroups to theeconomic viability of urban areas throughsetting up small and medium-sizedbusinesses in WesternEurope. (Councilof Europe,November 1989). MG-CR (90) 4. ('=) For the major role of the governmentas an opinionleader see the InterimReport of the CommunityRelations Project of the CoLjncil of Europe(MG-CR (89) 3 rev).For the importance of 'Meeting internationalinstruments see Ann Dummett's discussion paper for the of expertson the role of nationaliegislation and internalionalinstruments in combatingdiscrimination on nationality,ethnic or racialgrounds'. Council of Europe,4-6October 1989. (MG-CR (89)14). Seealso the reportprepared by the RunnymedeTrust at the requestof the Commissionentitled 'New approaches.A summaryof alternativeapproaches to the problemof protectionagainst racismand xenophobia in MemberStates of the EuropeanCommunities' (1986). V/387/87=Ep. ('o) The reportscan be obtainedfrom the Secretariatof the CEDR.See furtherrts reportsto the GeneralAssembly. See also A. Eide, Study on the achievementsmade and obstacles 132 CHAPTER5

encounteredduring the Decadesto CombatRacism and RacialDiscrimination. Report to the CEDR(|lew York, 1989). ('u) Centrefor HumanRights, Status of Internationallnstruments (New York, 1987) and its yearly updatedsurvey on ratifications. (") The developmentof the informalconsultations on asylum-seekersbelween UNHCR and governmentsin Europeand NorthAmerica. Internal UNHCR-paper (Geneva, 1989), See for furtherinformation Migration Newssheet, May 1990and AntonioCruz, An insightinto Schengen,Trevi and other Europeanintergovernmental bodies. Churches Committee for Migrantsin Europe'sBriefing-Paper, May 1990. (") lLO,Equality in employmentand occupation: general survey by theCommittee of expertson the Applicationof Conventionsand Recommendations,Report lll (Part48), 1988. (") ConsultativeCommittee on the EuropeanConvention on the LegalStatus of MigrantWorkers. MeetingReport - sth meeting,Strasbourg, November 1989. Council of Europe(T-MG (89) 1 1). ('n) CAHAR, Final ActivityReport. Draft Agreementon Responsibilityfor ExaminingAsylum Requests.Council of Europe,1989" CM(89) CAHAR (88) 9 def. ('o) Summaryof Conclusions.Meeting of expertson the roleof nationallegislation and international instrumentsin combatingdiscrimination on nationality,ethnic or racialgrounds. Council of Europe(MG-CR (89) 20). (") Convention.L'Application de I'Accordde Schengendu 14 Juin1985 entre les Gouvernements des Etat de l'UnionEconomique Benelux, de la RdpubliqueFeddrale d'Allemagne et de la R6publiqueFranqaise, relatif ä la SuppressionGraduelle des Contrölesaux Frontiöres Communes.Version finale. ("\ It is noteworthythat the Declarationof TREVIGroup Ministers (Paris, 15 December 1989) almost exclusivlydeals with fightinginternational crime, terrorism, narcotics and illegaltrafficking of everysort. This last seems to include'the attraction represented by the freedomand prosperity of our societiesis in itselfbecoming a sourceof profitand exploitationof miseryfor networksof illegalimmigration, taking advantage of ourwish not to imposeover-rigorous controls at frontiers on the vast majorityof travellers. Thatis aboutall thatdeals explicitly with migration. (") EuropeanParliament, document 83-286/90, 15 January1990. 133

Chapter6: Racismand anti-racismin the culturalfield

6.1. Foreword

6.1.1. Cultureas definedby someauthors of the Centrefor ContemporaryCultural 'make 'We Studiesin Birminghamis the field in whichpeople sense'of theirlives : understandthe word'culture'to refer to thatlevel at whichsocial groups develop distinct patternsof life, and give expressiveform to their socialand materiallife-experience. Cultureis the way, the forms, in whichgroups 'handle'the raw material of theirsocial and materialexistence. ... The 'culture'of a groupor classis the peculiar and distinctive'way of life' of the groupor class,the meanings,values and ideasembodied in institutions,in socialrelations, in systemsof beliefs,in moresand customs,in the usesof objectsand materiallife, ... A cultureincludes the 'mapsof meaning'whichmake things intelligible to itsmembers.'(t) 'cultural 6.1.2. Thisdefinition does already hint at the importanceof the field'for the emergenceand the functioning of racismand xenophobia: it is herewhere the imagesare shapedand re-shapedwhich can thenform the basiswhere overt racist propaganda and activitiessucceed or on the contrary,provide some resistance against such propaganda and activities. 'the 6.1.3. Followingthe definition of racismas a processof significationinwhich Self is definedby defining'the Other' as a distinct,inferior 'race'(2), the importanceof the differentsectors of the culturalfield becomes evident,

6.1.4. A thoroughanalysis on thetaken-for granted images of ethnicminorities, would requirean insightinto the whole range of representationof minoritiesin the massmedia, in art (literature,theatre, etc.) and in the institutionsand associationsof the'civilsociety' of everydaylife (sports, youth groups, etc.). One focus of analysiswould also have to be the schoolas one of the mostimportant institutions in formingimages of the Selfand of the Other. 'information 6.1.5. Thischapter, however, will concentrate on the industry',the media. 'lnformation Itscrucial role was already mentioned in the Evrigenisreport: aboutminorities is quite often biased,dwelling at lengthon the misdemeanoursof some membersof minoritygroups, giving poor cöverage to the problemsof suchconimunities and ignoring almostalltheir achievements. ... Lastly, by givingsensational coverage to actsof violence, ... the mediacould developa cultureof violencethat couldfoster a sort of unhealthy fascination.(3) Whilst acknowledging that the mediacan play a positiverole in forming knowledgeabout ethnic minoritycommunities, it is undeniablethat currentlymedia presentationoverall perpetuates a negativeimage of thesecommunities. 134 CHAPTER6

6.1.6. Threeaspects of thefield of communicationswillbe dealt with: 1. Informationand imagesabout ethnicminorities, 2. Informationto ethnicminorities and 3. Informationand imagesby ethnicminorities.

6.1.7. In the firstpoint we shalldescribe some of the imagesof ethnicminorities in the mainstreammedia and ask whetherand to what degreeracist images are producedand reproduced.This is not to say that these representationsare directlyreproduced by the audience.This would be too mechanicala viewand wouldnot considerthe factthat the 'decodes'(a) receiverof the message it in relationto his/herown €xperienceand integratesit intoher/his context of meaning.But nevertheless,given our definitionof the culturalprocess, these images form the 'rawmaterial'with which the 'mapsof meaning' are designed.In this respectthey do playa crucialrole,

6.1.8. The secondpoint deals with the otherside of the coin:Information to minorities providesthe raw materialfor themto createan imageof the socieg they live in as well as of the positionprovided for themwithin that society.But informationto minoritiescan also be seen as a humanright the receivingsociety has to provide.lt shouldserve as an orientationin the receivingsociety as wellas for keepingin touchwith the society of origin, thus bridgingthe pastand presentlives of the migrants. 6.1.9. The third point refersto anotherhuman right formulatedin the International Conventionon the Eliminationof All Formsof RacialDiscrimination declared by the United '5 Nationsin 1965: a) viiiTheright to freedomof opinionand expression.'This includes the possibilityto organize,plan and distribute one's own information and to produceone's own images,thus beingable to re-formulateand negotiateone's own positionin the new society. 'migrants' 6.1.10. Theterms and'ethnic minorities' are both the subjectof controversial discussions:the first because it doesnot recognizethat the majorityof 'migrants'arenow born in the respectivecountries, that is have not themselvesmigrated, the second 'minority' becausethe term seemsto have a negativemeaning. But the often-proposed 'ethnic term group' assumesthat the majorityis not a specialethnic group.The terms 'ethnic 'migrant'will minority'and thereforebe used.

6.2. lnformationabout ethnic minorities A. The press

6.2.1. Thischapter will focus mainly on materialfrom West Germany and Great Britain, as it is interestingto comparetwo countrieswhich show fundamentaldifferences in the way in which migrantsare seen and racismis dealt with. West Germanydenies being a countryof immigrationand the existenceof widespreadracism, while in Britainthere is a 'race large relationsindustry'and an awarenessof racism. 6.2.2. In the FederalRepublic of Germanywe finda numberof contentanalyses of the way in whiÖhmigrants are portrayedf). ln Britainresearch concentrates more directly on racism(6). CHAPTER6 135

Table 1 Minutesper month of special radio programmes tor migrant workers in 1975,1979 and 1987

Change from 1975to 1987 Station 1975 1979 o/o 1987 o/o Transmitter Minutes ",6 Minutes Minutes o/o ln minutes ln

RTBF 1 200 8,5 1 200 7,8 1 600 6,7 + 400 +33 BRT 280 2,0 365 2,4 400 1,7 + 120 +43 DR 0 0,0 226 1,5 1 400 5,8 +1400 ARD 5 600 39,4 5 600 36,5 s 600 23,3 0 0 HR 880 6,2 880 5,7 400 1,7 480 55 Radio France 1 440 10,1 2 440 15,9 2 080 8,7 + 640 +44 RTL 600 4,2 720 4,7 680 2,8 +80 +13 SR 2 160 15,2 1 855 12,1 6 900 28,8 + 4740 + 219 SSR 1 320 9,3 1 200 7,8 1 160 4,8 160 12 NOS 600 4,2 740 4,8 3 640 15,2 +3040 + 507 BBC 120 0,9 120 0,8 120 0,5 0 0

TOTAL 14200 100,0 15345 100,0 23 980 100,0 +9780 +69

Table 2 Minutesper month of special TV programmes for migrant workers in 1975,1979 and 1987

Change from 1975to 1987 Station 1975 o/^ 1979 1987 o/o Transmitter Minutes Minutes Minutes ln minutes In oÄ

RTBF 240 11,5 240 8,2 320 6,6 +80 +33 ARD 300 14,4 240 8,2 240 5,0 60 20 ZDF 360 17,2 540 18,4 540 11,2 + 180 +50 RTL 0 0,0 0 0,0 240 5,0 + 240 SR 720 34,5 1 040 35,3 934 19,4 + 214 +30 SSR 170 8,1 244 8,2 270 5,6 + 100 +59 NOS 0 0,0 160 5,4 720 14,9 + 72O BBC 120 5,7 120 4,1 720 14,9 + 600 + 500 Channel4 480 10,0 + 480 FR3 180 8,6 360 12,2 360 7,4 + 180 * fOO

TOTAL 2 090 100,0 2940 100,0 4824 100,0 + 2734 + 131

Source:Taisto Hujanen:Final Conference of the Joint Study:The Role of lnformationin the Realizationof the HumanRights of MigranlWorkers. Lausanne, 23-27 October 1988. 136 CHAPTER6

Table 3 Weekly radio programmesfor migrant workers in 1987 (in minutes)

RTL

12,0

(-) Hindi(BBC), Urdu (DR). 1..) The programmesin Arabicand Portugueseuse in part French;the programmein the category'Other' is directedto Africansand is transmittedonly in French. (') Weeklyprogramme time is 4 x 87,5minutes = 350 minutes. l2\ Berber(35), Chinese (30), Malaysian (35), Papiamento (35), Dutch for Surinamese(70), Dutch Multicultural (140)= 345 minutes.

Countries: (1)Belgium, (2) Denmark,(3) FederalRepublic of Germany(4)France, (5) Luxembourg, (6) Sweden, (7) Switzerland,(8) The Nethertands,(9) UnitedKinqdom. CHAPTER6 137

Language

Setbo- Other Polish Portuguese Spanish Turkish Vietnamese t2\ Total "k Croatian

30 50 30 60 60 400 7,7 50 100

87 87 (,)3s0 5,4

280 280 280 1 400

30 30 30 150 30,4

20 20 20 100 150 150 300 20

(.)180 45 45 40 10 (..)20 540 8,3

35 2Q 20 170 2,6

30 330 155 240 1 725 26,6

30 30 25 290 4,5

30 30 95 165 345 910 14,0 30 0,5

60 295 1 052 735 1 147 10 345 6 485 100,0

0,9 4,5 16,2 11,3 17,7 0,2 5,6 100,0 138 CHAPTER6

Table 4 Weekly TV programmes for migrant workers in 1987 (in minutes)(1)

Language Transmitter Arabic Estonian Finnish Greek Italian Polish Portuguese

1 RTBF 0 0 0 0

2 ARD 0 0 0 ZDF 0 0 0 3 FR3

4 RTL 60 5SR 0 165 20 0 6 SSR 60 7 NOS 15

8 BBC Canal14

N 15 0 165 20. 120 0

% 1,8 0,0 19,3 2,3 14,0 0,0 0,0

(') NOS: Berber(15), Dutch Multiculturat (45) = 60 minutes. BBC:English (120), Hindi (60). lW: English(120). FR3: French(90). (') The programmeservices marked with 0 in thistable indicate that these programmes are nottransmitted every week. Countries: (1) Belgium,(2) Federal Republicof Germany,(3) France, (4) Luxembourg,(S) Sweden, (6) Switzerland(7) The Nethertands,(B) GreatBritain. CHAPTER6 139 140 CHAPTER6

Table 5 Televisionprogrammes for migrant workers in 1987 (minutes per month)

Language Transmitter Arabic Estonian Finnish Greek Italian Polish Portuguese

1 RTBF 40 80 40 40

2 ARD 40 40 40 ZDF 90 90 90 3 FR3

4 RTL 240

5SR 17 660 80 17

6 SSR 240 7 NOS 60 60 30 8 BBC Canal14

N 100 17 660 210 750 57 200

o/ 2,0 0,4 13,7 4,4 15,5 1,2 4,1

(.) NOS:Berber (60), Malaysian (30), Papiamento (30), Dutch for Surinamese(60), Dutch Multiculturat (180) = 360 minutes. BBC:English (480), Hindi (2a0). ITV:English (480). FR3:French (360). Countries: (1) Belgium,(2) FederalRepublic of Germany,(3) France,(4) Luxembourg,(5) Sweden,(6) Switzerland,(7) The Netherlands,(8) GreatBritain. CHAPTEB6 141 142 CHAPTER6

6.2.3. Thestudies in the FederalRepublic show that information about ethnic minorities 'foreigner centresaround the imageof the as a criminal':Delgado (?) who analyzed 3 069 reportsfrom 84 differentnewspapers in NorthRhine- between 1966 and 1969 foundthat while 32,2"/"of the articlesdealt with informationabout the situationin the employmentmarket, 31"/" ol the reportsdealt with storiesin which 'foreigners'were accusedof committingcrimes. Only 10,8/o reports 'goodwill-articles', of the wereclassified by the authoras wantingto legitimizethe presenceof the so-calledguest workers, Classifyingthe characteristics by whichguest workers were described Delgado found that 31% were negative,13% positiveand 27% ambiguous.But if we look closerat those characteristicshe callspositive we find the phraseused most frequently: 'We needthe 'We migrants'(32%) and on thesecond place: shouldtake care of them'(21,1o/o). The first expressioncan be seenas reproducingthe idea that ethnic minorities are to be viewedin a merelyinstrumental way, their existence being only legitimized by theircontribution to the wealthof theethnic majority. The second statement reveals a paternalisticattitude. In both casesethnic minorities are seenas dependenton the goodwillof the majoritygroups. 6.2.4. Galanis(8), analyzing the two biggest mainstream journals (STERN and QUICK) between1960 and 1982,concentrates on the ways in whichthe mediareport on crimes committedby membersof ethnic minorities.He finds out that in times of economic depressionthere are many more articlesdealing with crimesin general,whereas in prosperoustimes the articlesdeal more with individualcriminals but leave out the economicand social situation they live in. The latter produce an individualizationof crimes, whilstthe formershow migrantsas beinga generalthreat to Germansand to German society:not onlydo theythreaten their economic security by takingaway jobs in timesof economicdepression, they also threaten the personalsecurity of the Germanpopulation. Both studies found that the majorityof the articlesdealt with Turks. They were overrepresentedin relationto theirpresence in the Germansociety. 6.2.5. Similarimages of foreignersas criminalsare producedin the Spanishpress (e) aboutpeople from the ThirdWorld living in Spain.In the Netherlands'minority members are singledout for undue attentionand sometimesstigmatized as causesof social problemsor as beinga socialproblem by theirvery presence.'(10) 6.2.6, In DenmarkOle Hammer undefiook a studyof 'Thelmmigrant lssue in 'The the Daily Pressin Denmark'. resultshows that 3/4 of the materialconcerns crime and racism. ...The immigrants are almost never mentioned in themes like family, personalia, free time, housingand econonny, childi'en and youth - andonly infrequently in entertainments'(r1). 6.2.7. For France,Yaya Togorafrom the InstitutFrangais de Presse,writes that Le 'quadrology''imrnigration-insecurity-delinquency-unemployment Pen's : of the French'is so oftenvoiced by mainpolitical leaders that it hasbecome a dominantideology. 'Polls are regularlyconducted on thernessuch as: Shouldmigrants be expelledand will their expulsionlevel down unemployment of the French?'Moreover migrants/rninorities appear generallyin socialand politicaldisorder news stories.Although they are actuallythe 'Apart victimsof violence,they appear mostly as the actors. fromcrime stories, migrants arefrequently presented as a communityunable to adaptto theFrench values.'This is for instanceobvious in headlinessuch as'Fundamentalism against integration' (Les Cahiers de L'Express':Dossier immigration, No 3, April1990 or'lmmigrants: Which threshold of Tolerance?'(Le Point,No 917,April 1gg0). CHAPTER6 143

'The 6.2.8. ProfessorClara Gallinileading research on imageof the Arab in mass 'There 'nucleus' communications'in ltalysums up herfirst findings: is, however,the hard of a stereotypewhich is also conceivedas beingreal, and not a dream:it is that of the Arab who is always a Muslim,fundamentally a religiousfollower of an lslamwhich is presentedas the sourceof sexualperuersions (homosexuality, polygamy), of oppression and servitude(both in the family and in societyat large),and of an irrationalism ('fanaticism')which realizes itself in combat(the holy war)'(12). 6.2,9, Partlythanks to severalindependent agencies and pressuregroups like the RunnymedeTrust and The Campaignagainst Racism in the Media(CARM) which is part of the Campaignfor Pressand BroadcastingFreedom (CPBF), partly because of the sociologicaltradition of investigating'Race Relations' and racism,there is a widespread literatureanalysing racism in the mediain GreatBritain. 6.2,10. Asfar as thepress is concerned migrants are treated as a'problem',as a threat to the societybecause of theirnumbers and as posinga lawand order problem. They are portrayedas cheatingthe British state authoritiesto enter the country and then 'scrounging'various forms of welfarebenefit (13). 6.2.11, Butthere are also some differences between the representationsin the British andin the WestGerman press. Firstly, the form of the presentationdiffers. Even the worst 'Arab papersin WestGermany would not dare to printheadlines like: pig sneaksback in' 'Get (TheSun, 23 January1986) or outyou Syrian swine' (The Sun, 25 October1986) or to calla memberof an ethnicminority a'scum product'(TheSun, 27 February1989), 'rioters'/'black Secondly,there are moreviolent images: 'Black youth' is characterizedas mob',who 'thinkof riotingas a form of fun and a sourceof profit'(Daily Express, 30 'tribal' September1985). Cartoons present black people in Britainas primitivecannibals in or'jungle'settings. Thirdly, there is a majorbattle taking place in someof theBritish press againstanti-racism. Anti-racists are labelled as 'racespies'controlling people's thoughts, imposingcensorship, being 'loony leftists', etc (14), 6.2.12. Obviouslyovert racism is muchmore common in the Britishpress than it is in the WestGerman one. This must be seenin the widercontext of racismbeing a tabooin WestGermany because of itsrecent history. Although it existsit is generallydenied. This mightbe a reasonwhy overtforms of racismare notarticulated" lnstead, covert racism is the dominantfeature in the WestGerman society: 'Racism is reproducedhere as a set of unquestionedassumptions which are largelyinvisible to thosewho formulatethe worldin theseterms'(15). The unexpressedassumption is thatof the superiorityof the German 'natural cultureand civilization and of conflictsbetween different cultures being the result' of an innatepreference of humanbeings for their'own kind'(16).

B. Television 6.2.13. ln herstudy about the representationof ethnic minorities in TV programmesin 1986,Kühne-Scholand found that more than half of theprogrammes dealt with the issue of asylumand there mostly with the numberof asylumseekers and methodsof preventing thementering the country, There is littleon thelife of ethnicminorities in thecountry itself andwhere there is the mainsubject is integrationbut hardlyever racism or xenophobia. 95o/oof thosewho make the programmesand initiate discussions are German nationals. 144 CHAPTER6

As far as migrantsappear they are only the objects of representationand they are pictured 'too mainlyas groups,not as individuals:e.g. manyof them'trying to registeras asylum seekersor queuingfor accommodation.

6.2.14. In Britaincovert racism is commonin television,Crucial to this sometimes unconsciousracism is the power to determinethe terms of discussion,to pose the questionswhich have to be answered.In the programmesanalysed in: 'lt ain'thalf racist, mum!'by StuartHall and others,it was shownthat liberalsand anti-racists,even if they weregiven some space, had to arguewithin a logicin whichmigrants and theirnumbers were the problem,for instancesaying that they were not too manyyet whichmeant to reproducethe view that therecould be too manyone day.

6.2.15. AngelaBarry demonstrates the three'myths' about people of Afro-Caribbean originin BritishTV, which were constantly reproduced in differentcontexts throughout the years:the enteilainer,the trouble-maker,the dependent.ln the latefifties the dominant imagewas the one of the happyslave who knewhis place,an imageimported from the 'race UnitedStates. Along with the riots'in Nottinghamand NottingHill as a rebellion againstracism, discriminatioh and violentracist attacks, emerged the pictureof the 'trouble-maker':'The blandlysmiling face of thenew immigrant gained definition, acquired realfeatures which clearly spelled out menace.The reassuringpenumbra of 'Common- 'otherness' wealth'evaporated, leaving the stark of the blackintruder. The potentmyth of the blackas trouble-makerwas born' (1?). With the Biafranwar andthe imagesof starving 'that children,the third great myth, of black dependency- was thus fixed into the 'three consciousnessof the nation'1ta). At the end of the seventies,the myths had realignedthemselves and flourished- the trouble-makerwas now a mugger,the entertainerwas the black person whose very presencetriggered off hilarity;the dependencymyth crossed the African continent and settled itself in Amin'sUganda'(te).

6.2.16. In the eighties,people of West-lndianorigin started emerging in the regular programmes,reading the news, etc. ChannelFour broadcastprogrammes aimed at minorityinterests. But there are also debates on the extentto whichthese new images are 'positive' notjust new, but now stereotypes.Besides, discussions go on as to whethernew programmeslike Eastenders,Albion Market, and Ebonyproduce laughter about racist stereotypesare not makingthem more acceptableinstead of criticizingthem (20). But ChannelFour has at leastbeen able to givemore members of theethnic minorities access to the mediaalso by trainingprogrammes.

6.2.17. Apaft from this way of tackling racist stereotypesthe above-mentioned initiativesengage in differentactivities against racism in the media.The CPBF for instance 'right 'Group is leadinga campaignfor the to reply'.lts againstracism in the media'is writinga bookon the historicaland presentimages of differentethnic minorities in Britain: lrish,Afro-Caribbeans, Asians, Jews. The grouphas differentsubgroups composed of respectivemembers of minoritiesexamining their representations. Such organizations are non-existentin WestGermany. CHAPTER6 145

6.3. Informationto ethnicminorities in radioand television 6.3.1, Thefunction of informationto ethnicminorities should be to enablethem not only to keepties with theircountries of originif they wish to, but alsoto sustainand develop theirmother tongue and by doingso providethe meansfor a self-confidenceand ability to act thatcould be the startingpoint for developingnew 'mapsof meaning'in the receiving society. 6.3.2. Very detailedinformation about the quantityof such broadcastingis available, but thereis practicallyno deeperanalysis of the contentsof theseprogrammes, 6.3.3, The Centro Studi InvestimentiSociali Censis in Rome reportsthat Radio Popolarein l/ilan and Radio Proletariain Rome provideinformation for migrantsin differentlanguages, above all in Arabic. 6.3.4. Thetables show that Sweden and West Germany are the countries with the most extensiveradio broadcasting service for ethnicminorities followed by the lrletherlands, whereasin Britainan exceptionallysmall amount of programmingis available(30 minutes per weekin Hindi).BBC and ChannelFour do offerthe widestTV programmes,although programmingoffered in the mothertongueis very small and even decreased in 1987when 'Asian the BBC's Magazine'in Hindiwas replacedby the Englishlanguage programme 'Network East'.ln Luxembourgthere are weekly radio broadcastsin Portugueseand Italianand in 1990daily broadcasts in Portuguesebegan. 6.3.5. ln Britainas wellas in Francethe decreaseof prograrnmesin the mothertongue is explainedby sayingthat the respectivelanguages of the majoritymeet better the needs of the so-calledsecond generation. This argumentmust be seenin the lightof a lacking bilingualeducation, where childrendo not have the chanceto developtheir mother tongue,Perhaps it is not by chancethat this policy is mainlysupported by the two countrieswho were mostsuccessful in imposingtheir language on the peoplesof their formercolonies. 6.3.6. On the other handthe policyof mothertongue information in West Germany, Swedenand the Netherlandsreflects rather different migration policies: while in West Germanythe transmissionof programmesin the vernacularlanguages was part of a policyof rotation,in Swedenand the Netherlandsthose programmes are an elementof a minoritiespolicy adopted by the government.Both countries recognized ethnic minorities as a newelement of theirsociety and claimedto be a'multiculturalsociety'. The diversity of languagesis highestin the Netherlandswhich broadcasts 910 minutesa week in 12 languages. 6.3.7. The contentsof the programmesin the mothertongues and in the respective. languageof the receivingcountry include: current affairs from the countriesof originand those of residence,sports, cultural events, music and specialinformation about legal pointsin the receivingcountries. Only a detailedcontent analysis could give some insight as to howuseful these programmes are for the lifeof ethnicminorities, the self-perception and theirperceptions of the societythey live in. Such investigationremains to be done. 6.3.8. lt seems,however, that information or discussionsabout racism and discrimina- tion and strategiesagainst it are very rare. In West Germanythere is a fairly regular 146 CHAPTER6 ref€renceto this only in the radio stationof the Land Hesse:there are two magazines weekly,one of two hours,the otherol half an hour,in whichtransmissions on racismand xenophobiaoccurred. This might be due to the fact that the new local authoritiesin Frankfurt,formed by a coalitionol the Social Democratand the Green parties, have establisheda committeefor multiculturalismand have since then carried out some activitiesagainst racism (the only ones carried out by authoritiesof the FRG). These events have been partfy reported on by the HessischerRundfunk (HR). Naturally, infonnationto ethnicminorities should not dealwithracism all the time,but stillit is striking that it takes up so littfe space.

6.3.9. The deoentralizationand deregulatisnof nationalbroadcasting in European countriesopened up possibilitiesfor local radio stationswhich are either community stations,that is are run by a particularethnic minority,or local radio stationsproviding servicesfor difforentminorities.

6.4. Informationby ethnic mlnorltles A. Radiostations

6.4.1. Speciatprogrammes for ethnicminorities are not necessarilymade by members of the minoritiesbut this is the casefor the meansof communicationdescribed below. The aim of the so-calledethnic media is to provideinformation about the countryof originas wellas aboutthe respective communities in Britainand in allotherparts of theworld. They alsoorganize discussions within the communityand with other communities including the majorityone (21). The followingis a shortoverview of existingcommunity radio stations. 'Fr6quence 6.4,2. In Belgium there.is an ethnic communityradio called Arabe', transmittingall day in Frenchand Arabic.In Britain four communityradio stations have now beenlicensed, several others exist illegally. In Denmarkone out of 306 registered localradio stations serves only migrantcommunities using predominantly Arabic, Urdu and Turkish.In the FederalRepublic, in Berlinand Dortmundthere are cablenetworks used for transmissionof radio programmesin migrantlanguages, mainly Turkish. In France there are many communityradio stationstransmitting programmes for ethnic minoritieseither in theirmother tongue in Frenchor bilingual.Many are illegaland operate underthe threatol beingclosed down. Some of themwere given licences rpcently and alsosome support from the FrenchGovernment.

6.4.3. The Netherlandsseems to havethe highestnumber of illegalcommunity radio stationsin Europe.Here againthe state has startedto legalizesome of them and to providefinancial support for experimentingwith localradio stations for migrantcommun- ities.In Spainthere are two radiostations run by membersof ethnicminorities which can broadcastall daywithout having licence problems: the US air basestation and the British ForcesBroadcasting Services transmitting to theiraudiences in theirmother tongue. ln Sweden 23 local stationshave hired 50 journalistson a permanentbasis for the productionof migrantprogrammes. Within small-circulation networks 90 clubs and organizationstransmit programmes to theirspecific communities (tt). CHAPTER6 147

B. EthnicPress 6.4.4. In someEuropean countries newspapers and/or bulletins for certaincommun- itiesare published in the respectivemother tongues as wellas in the majoritylanguages, ln Britainthere are papersfor the Asian,the Afro-Caribbean,the lrishand the Jewish 'New Communities.The Asian weekly Life'(published in English)and the Gujarati weekly have, accordingto their publisherMr Patel, 200000 readers.The biggestblack is 'TheVoice' dealing with the life of Blacksin Britainand all over the newspaperin Britain 'ethnic world,with special pages for'Caribbean News'. One problem for the press'is that theyare supposed to coverall theinterest groups of thecommunity in oneor perhapstwo publications.Of coursethis is a virtuallyimpossible task and so thisneed to representa groupcharacterized by diversitiesof age, gender,class, political beliefs, etc, as one homogeneousgroup puts heavy demands on thesemedia. 6.4.5. A numberof newspaperspublished by minoritiesappear also in the Netherlands and ln Franceand thereare some bulletinsin ltaly producedfor exampleon the PhilippinesLeague, and by some LatinAmericans. In West Germanyone Turkish- Germanjournal has just appeared.Besides there are smallercommunity newspapers (communityorganizations, which are availablethrough special distribution channels 'Kontakt' counsellingorganizations like the church, etc.) Some of themare in Germanlike forSpaniards, some bilingual like the Greek one, and some are in the mother tongue like the Serbocroatone.

6.5. Conclusion 6.5.1. Thisbrief analysis of the presence of ethnic minorities inthe European media has shownthat on theone hand racist images and stereotypes are common but on theother hand informationto the minorities,especially in their mothertongues is not very widespread(see tables). The largest service in WestGermany means that migrants have a programmeof 40 minutesdaily in theirmother tongue. As comparedto this,British, Frenchand US-Americansoldiers in WestGermany have their own prograrnmes in their mothertongues 24 hoursa day. Mediarun by membersof the ethnicminorities are generallynot distributedthrough the normalchannels and thereforenot availablefor a broaderaudience. This does not apply to papersfrom the countries of origin,which at least in biggercities are easilyavailable, but are not especiallydesigned for the situationof migrants. 6.5.2, Giventhis situation the possibilities of challenging racist images on the one hand andof developinga diverse, vibrant community culture on theother are close to zero. 6.5.3. One way of tacklingthe problemhas beento try to stopthe productionand reproductionof racist images through legislation. To theproposal {or a Councilresolution on the fightagainst racism and xenophobia(23) for instance,the Committeeon Social Aflairsand Employment proposed the following amendment: No 10: setup agencies in eachMember State to provideinformation on thelegal instruments thatexist to protectpersons against discrimination, racism and acts of incitementto hatredand racial violence; ... . 148 CHAPTER6

6.5.4. Althoughsuch measures are veryimportant and shouldbe implemented,they canonly be usedagainst severe and overt forms of racism,and even then there is always a widerange of interpretationsasto whatis to bedefined as racistand whether freedom of opinionand expression is not limitedif measuresare takenagainst cultural productions.

6.5.5. In the EvrigenisReport the followingwas recommended:'328 (e) The profes- sionalethics of the informationindustry with respectto manifestationsof violence,and especiallyof racialviolence, should be carefullyconsidered. The EuropeanParliament couldtake the initiativein organizinga symposiumon thissubject. 329 (f) lt shouldbe broughthome to thoseconcerned at all levelsof the informationindustry that the mass media have an importantrole to play in eliminatingracial prejudice and promoting harmoniousrelations among communities resident in Europe.The minoritycommunities mustbe fairlyrepresented in the informationmedia'(20).

6.5.6. Buthow can thisbe achieved?The fundamental problem when it comesto the culturalsituation of migrantsis thatthey lack the freedomof expressionthat should be guaranteedto everyonebecause they have hardlyany accessto the productionand distributionof informationand of culturalproduction. A basicprecondition to counter racism,therefore, would be.equal accessto the mediaand measuresto facilitate independentcultural production. This was also a concernof the Committeeon Social Affairsand Employmentin its AmendmentNo 11 to the proposalmentioned above: '- ensure that the minoritycommunities are properlyrepresented on the public informationbodies.'

6.5.7. Membersof ethnicminorities should be involvedin thecommunication process at all levels,in the elucidationof what informationis needed,through planning how informationis to be collected,presented, packaged and distributed,through active parlicipationin thosedecision-making processes involved in the productionand distribu- tionof information(and cultural productions). In otherwords there needs to be a move from migrantworkers being seen as passiverecipients of information(and cultural productions)to beinginvolved as activepadicipants in the culturalprocesses'(25).

6.5.8. As membersfrom the British Film Institute mentioned, there is no pointin having onlya sectionapart for ethnicminorities to createtheir culture if theseproductions never enterthe mainstream and become a partof everyday life of the members of themajorities. At thesame time ethnic minorities must have the right and the means to developtheir own values,identities and self-imagesindependently.

6.5.9. Thisneed is underlinedin the'lnternational Convention on theElimination of All Formsof RacialDiscrimination' agreed by the UnitedNations on itstwentieth session 21 September-22December 1965 and now signed by allcountries of theEC, where in Article 2.2 it says:'States Pafties shall, when the circumstancesso warrant,take in the social, economic,cultural and other fields,special and concretemeasures to ensurethe adequatedevelopment and protection of certainracial groups or individualsbelonging to them,for the purpose of guaranteeingthem the full and equal enjoyment of humanrights and fundamentalfreedoms.' ... '5(a)viii The rightto freedomof opinionand expression' '5(e) and vi The rightto equalparticipation in culturalactivities,' CHAPTER6 149

6.5.10. In interuiewswith experts the followingproposals were put forwardabout what the EuropeanCommunity could do to ensurethe rightto accessand equityof migrantsin the processof culturalproduction: providefunding for a Europeannetwork of membersof ethnicminorities working in the fieldof mediaand art production.For instanceorganizing smaller meetings on differentfields of activities:production, distribution, technologies, etc; set up a centraldata bank including information about organizations and individuals in thefield as wellas press,films, videos, books, to exchangeinformation within Europe; putpressure upon Member States to providethe meansfor equal access of members of ethnicminorities to mediaand cultureby specialtraining programmes, and by settingof quotas; support independentmedia and artisticproductions by fundingdistribution and translations. 6.5.11. This couldhelp to ensurethat the presenceof ethnicminorities becomes a normalfeature of the EuropeanCommunity, thus challengingideologies and policies whichsee themand theirpresence as a problem. 150 CHAPTER6

NOTES

(') CLARKE,John, Stuart Hall, Tony Jeflerson and Brian Roberts: Subcultures, Cultures and Class: A theoreticaloverview. ln: StuartHall and Tony Jefferson: Resistance Through Rituals, London, Hutchinson,p.10, (r) For theseconcepts see: MILES,Robert 1989: Racism. London, Routledge. (') Committeeof Inquiryinto the Riseof Fascismand Racismin Europe,Report on findingsof the inquiry,Rapporteur: Mr DimitriosEvrigenis. December 1985, page 87-89). f) For the conceptsof encodingand decodingsee: HALL, Stuart 1975. The'structured communication'of events.In: Gettingthe messageacross. An inquiryinto success and failures of cross-culturalcommunication in the contemporaryworld. The UNESCOPress. 'Die f) For inslance:DELGADO, Juan Manuel 1972: Gastarbeiter'inder Presse.Opladen. Leske Verlag.GALANIS, Georgios N. 1987: Migrantenkriminalitätin der Presse.Berlin, Express Edition.KÜHNE-SCHOLAND, Hildegard 1987: Die Darstellungder Ausländerim deutschen Fernsehen.In: Ausländerund Massenmedien.Bestandsaufnahme und Perspektiven.Bonn, Bundeszentralefür politischeBildung. MERTEN, Klaus 1987: Das Bild der Ausländerin der deutschenPresse. ln: Ausländerund Massenmedien.op.cit. (u) For instance:GORDON, Paul and DavidRosenberg 1989: Daily Racism. The pressand black peoplein Britain.l-ondon, The Runnymede Trust. MURRAY, Nancy and Chris Searle 1989: Your dailydose: Racism and the pressin Thatcher'sBritain. London, The lnstituteof RaceRelations. SEARLE,Chris 1999: Your daily dose: Racism and the Sun.London, Campaign for Pressand BroadcastingFreedom. TWITCHIN, John (ed.) 1988: The Black and White Media Book. Handbookfor the study of Racismand Television.Stoke-on-Trent, Trentham Books. HALL, Stuart1981: The Whitesof theirEyes. In: G. Bridgesand R. Hunt(eds.) Silver Linnings: some strategiesfor the 80s. Lawrenceand Wishart.HALL, Stuart 1986: Media Power and Class Power.In: J. Curranet. al, (eds.)Bending Fleality: the stateof the media,London, Pluto Press. HARTMANN,Paul and CharlesHusband 1974: Racism and the MassMedia. Davis Poynter. (') Delgado1972, op. cit. (') Galanis1989, op. cit. {s't BiER,Alice-Gail 1988: Mass Media and the Foreign lmmigrant in Spain.In: Taisto Hujanen (ed.), op. cit. (,0) McQUAIL,Denis 1984: National Report of the Netherlands.In: Taisto Hujanen (ed.) 1984: The Roie of Informationin the Realizationof the Human Rightsof MigrantWorkers. Repofi of InternationalConference, Tampere 19-22 June 1983.University of Tampere,Tampere. op.cit. (") HUJANEN,Taisto (ed.) 1986: The Roleof Informationin the Realizationof the HumanRights of MigrantWorkers. Progress Report of the Joint Study.University of Tampere,Tampere. p. 47. ('r) GALLINI,Clara 1988: Arabesque: lmages of a Myth.In: Cultural Studies 2,2May 1988,p. 179. Seealso by the sameauthor: 1989: Le radicidell'immaginario esotico. In: Democrazia e diritto, n.6.1989. (tt) Gordon& Rosenberg1989, Murray and Searle1989, Searle 1989 op. cit. ('o) Gordon& Rosenbergand Searle1989, op.cit. ('u) Gordon& Rosenberg1989 p.64 op. cit. CHAPTER6 151

(tu) KALPAKA,Annita und Nora Räthzel1990: Rassismusals Form ideologischerVergesell- schaftung.In: Kalpaka/Räthzel(eds.): Die Schwierigkeit,nicht rassistischzu sein. Rieden, MundoVerlag. 2nd ed. (") BARRY,Angela 1988: Black mythologies: representation of blackpeople on BritishTelevision. In: JohnTwitchin (ed.) op. cit. p. 87. (") (ibid.90). (") (ibid.e6). ('o) DANIELS,Therese and Jane Gerson 1989: The Colour Black, Black lmages in British Television.London, The BritishFilm Institute. (t') Theseaims were described by the London-basedpublisher of threeAsian journals. Mr Patel. (") HUJANEN,Taisto 1988: Final Conference of the JointStudy: The Roleof lnformationin the Realizationof the HumanHights of MigrantWorkers. Lausanne, 23-27 October 1988. p. 91-100 and114 (") COM(88)318 final - OJ No C 214,16.8,88. fo) Evrigenis- Report,op.cit. p.97. (") Hujanen1988 op. cit. p. 206-207. 152 CHAPTER6 153

Chapter7: Conclusionsand Recommendations

The recommendations(in italics)were formally voted upon and adoptedby the Committee of Inquiry.

7.1. The European Parliament It isvital that there should be adequatefollow-up to thisreport. Given that the Committee of Inquirycan existonly for nine months,this follow-upwill haveto take placeunder the auspicesof anothercommittee. As the Committeeon LegalAffairsand Citizens' Rights is 'human now responsiblefor rights problemsin the Community(including the legal implicationsof Communityacts intended to safeguardthe protectionof humanrights)', it wouldbe logicalto giveit responsibilityby adding'and allquestions relating to combating racism,antisemitism and xenophobia';in viewof that Committee'slikely workload in this area,it shouldconsider setting up a sub-committeeto dealexclusively with the subject. Recommendation1: That the Committeeon Legal Affairsand Citizens' Rightshave added to its terms of reference responsibilityfor questions pertaining to racism, antisemitismand xenophobiawithin the EuropeanCommunity and all mattersrelating to third countrynationals residing within the EuropeanCommunity, and that that committee should consider the possibilityof proposing the setting up of a standing subcommittee under Rule 114 of the EuropeanParliament's Rules of Procedure. The follow-upshould be doneif possibleon a continuousbasis, with a commitmentto at leastone majordebate during each parliamentarysession. The presentreport has beendrawn up with considerableassistance lrom two organiz- ations- the ChurchesCommittee for Migrantsin Europe(and their publication, Migration Newssheet),which has particularstrengths in reportingon the incidenceof racismand xenophobiaand action taken to combatit, and Searchlight,whose particular strengths lie in providinginformation about fascist and other extreme-right groups and organizations. lt wouldseem that they would be extremelywell-placed to undertakejointly the monitoringof developmentsin the fieldand in particularof the recommendationsin this report.lt would be usefulfor a systemof socialand economicindicators to be developedfor this field. Recommendation2: That,besides its normal debates, at leastonce a year,one day of an EP part.sessrronbe devotedto a generaldebateon the situationwith regardto xenophobia and racism in the Communi$, in the presence of the Commissionand the Council. Recommendation 3: That a system for monitoringdevelopments in the field of racism, antisemitism and xenophobia (including extreme-right and fascist groups) and in particular,the implementationof the recommendationscontained in the present reportbe established. 154 CHAPTER7

A largenumber of complaintsto localand nationalauthorities in the MemberStates are made by individuals.The possibilityshould exist for individualcases to be raisedat Communitylevel. An independentsource of adjudicationshould be set up.

Recommendation 4: That the attentionof all Communitycitizens be drawn to the right to petition the European Parliament where they feel they have been victims of racist or xenophobic behaviour; that the necessarysteps be taken to extend this right to all residentsin the EuropeanCommunity; that its Committeeon Petitionsmake a proposalto amend Rule 128of the Rulesof Procedureto this end; that the measuresto be taken to endowthe Committeeon Petitionswith the meansrequired for its taskbe studied;and that the teasibilityof appointinga CommunityOmbudsman/woman to help resolve cases of racist, antisemiticand xenophobicdiscrimination be examined. Currentlythe same budgetline coversboth actionsagainst racism and xenophobiaand actionsin the fieldof humanrights, and there seems to havebeef, a tendencyfor nearlyall expenditureto be devotedto thelatter ratherthan the former. A separatebudget line would removethe danger but it is vital that it shouldcontain adequate resources to promote effectiveaction in this field. Recommendation 5: That a budget line be establishedin the 1991budget in order to promote and financially support pilot projects with the aim of improving the conditions for co-existence between European Community national and legal residents from third countries. Recommendation6: Thata budgettine be establishedin the 1991Budget and thereafter to cover positive actions againstracism, antisemitismand xenophobia,with resources commensurate with the gravity of the problem, specifically including education and the developmentof teaching methods that will improve people's understandingof cultural diversity. The EuropeanParliament might be seento be on weakground in criticizingdiscriminatory employmentpractices in certainMember States when its own do not explicitlypermit or encouragethe employmentof Europeanresidents who are not Communitynationals as establishedoff icials. Recommendation 7= That considerationbe given, in negotiationswith the trade union organizations concerned, to amendment of the Staff Regulations for officials of the European Communities to open the way for those from third countries with permanent residentsfatus in one of the Communitycountries to permit employmentas established Communig officials. Recommendation 8: That the Parliamentary groups emptoy in their secretariats non-Communitycitizens who have the right of residence in the Community. TheCommission and Councilshould be separatesignatories to allconventionsin thearea of the fightagainst racism, antisemitism and xenophobia.

Recommendation 9: That the Commissionbe supported in its declared intentionsof encouragingthe Community'saccession to the EuropeanConvention on Human Rights. CHAPTER7 155

The SocialAffairs Council and the representativesof the Governmentsof the Member States adopted a resolutionon racism and xenophobiaon 29 May 1990. The draft resolution,presented by the Commissionand on whichthe EuropeanParliament gave its opinionin the reportby Mr MedinaOrtega (adopted on 14 February),was criticizedfor confiningitself to recognizingthat certain legal measuresat both institutionaland administrativelevel could help to preventacts inspiredby racismor xenophobia.

The resolutionin the form adoptedby the Counciland the representativesof the Governmentsof the Member States appearsto fail to acknowledgethe need for Communityaction to combatracism and xenophobiawhere the victimsare European residentswho are not Communitynationals. This is a clear breachof the undertaking made in the Declarationagainst Racism and Xenophobia,which specifically mentions 'workers 'the who have their originsin other MemberStates or in third countries'and MemberState in whichthey legallyreside'.

Recommendation 1O: That, in view of the fact that the recent resolutionon Racismand Xenophobia adopted by the Social Affairs Council and the representativesof the Governmentsof the Member Sfates on 29 May 1990 and the 's declarationon antisemitism,racism and xenophobiaof 26 June 1990totally failto respect major elementsof the Joint Declarationagainst Racismand Xenophobia(l1 June 1986), and in the light of the ruling of the Court of Justice of 22 May 1990,extending to the EuropeanParliament the power to institutelegal proceedingsagainst the Council,it call upon its Committeeon Legal Affairs and Citizens' Rightsand the Legal Seruice of the European Parliamentto examine the possibilityof institutingproceedings under Article 173 of the EEC Treaty and Article 146 of the Euratom Treaty to enforce respectfor its prerogatives,in accordancewith its resolutionof 14 June 1990.

The Groupof Coordinators(the Rhodes Group) is an officialCommunity organization and despiteundertakings by the Counciltokeep the EuropeanParliament, and specificallyits Committeeon Legal Affairs and Citizens'Rights, informed about the work of this organization,no informationhas as yet beengiven. lt is vitalthatsuch information should includenot only a reportof theorganization's activities, but also all itsworking documents. The sameshould apply to all othersuch organizations and ad hoc bodies.

Recommendation 11: That its Committeeon LegalAffairs and Citizens' Rightsassert lls prerogativesto be kept regularlyinformed of the activitiesof the Group of Coordinators (the Rhodes Group) and supplied with all its working documents;that in addition the Commissionand Councilbe askedto keep the Committeefully and regularlyinformed of any discussionsin which they have a presence, relating to the free movementand civil rights of residents within the Community and moves towards a common Community position on immigration rules,right of asylum and visa policy.

The socialpartners have an imporlantrole to playin fosteringharmonious race relations, notablythrough good employment practices. Coordination of Communitypolicies should includefull consultationwith the employers'organizations and tradeunions. The Flather Reportdemonstrated Ecosoc's interest and involvementin this subject.The Councilof Europehas also been particularlyactive in the fight againstracism, antisemitism and xenophobia. 156 CHAPTER7

Recommendation 12: That fullest cooperationbe maintained with the Economic and Social Committeeand with the Council of Europe to ensure that problems relating to racism, antisemitismand xenophobiaare effectivelytackled in a coordinatedmanner. The widestpossible publicity should be given to Parliament'sactivities in the field of fightingracism, antisemitism and xenophobia,pafticularly amongst young people. Recommendation 13: Thatany informationpacks produced by Parliament'sinformation officesin the MemberStafes and particularlythose for schoolsinclude a sectionon racism and xenophobiasetting out Parliament'sviews.

7.2. TheCommission of the EuropeanCommunities No singleCommissioner at the momenthas specificresponsibility for mattersrelating to racismand xenophobia -they arepartly covered both by Mr Bangemann,responsible for the SingleMarket, and by MrsPapandreou, responsible for socialpolicy. The designation of the Presidentof the Commissionin a coordinatoryrole, with the necessarystaff, with this specificresponsibility would both greatly increase the efficiencyof the Community's activitiesin this field,and be a clearmeasure of the Community'sresolve. Recommendation 142That the Presidentof the Commissionbe entrustedwith ensuring coordinationof the Commissionactivities pertaining to racism,antisemitism and xenopho- bia and all maftersrelating to nationalsof third countrieswithin the EuropeanCommunity, and that to thisend a taskforce be setup spanningboth the relevantdirectorates-general. Recommendation 152That a Communityofficer for immigrationbe appointedto monitor the preparation of the Commission report, forward regular reports to Parliament on migrationpolicy and serue as a contactpoint for immigrants. Apartfrom the EuropeanParliament's resolve to followup thisreport, it wouldbe usefulfor the Commissionalso to be involved,and this might best be done by its producinga periodicreport (probably drawing on externalresources). This should cover extreme-right and fascistgroups as definedin the Evrigenisreport. Recommendation 16: That a periodic report, preferably every 18-24 months, be commissioned on the current situation with respect to racism, antisemitism and xenophobia(including extreme right and fascistgroups) withparticular reference to areas with a high proportionof minoritycommunities or those which may have exhibiteda high level of tensionwithin the Community,and that this report be presentedto the European Parliament. 'minority All Commissionlegislative proposals should, in future, include a impact statement'. Recommendation 172 That the proposals for legislationsubmitted by the Commission should also indicate the effects of such proposalsin combatingracism and xenophobia. Racism,antisemitism and xenophobiashould be subjectareas regularly included in the Commission'ssampling of publicopinion around the Community,and the resultswidely disseminated. CHAPTER7 157

Recommendation 18; That regular surueys be conducted by Eurobarometeron the situationwith regard to xenophobiaand racismin the Communityand on the relations between the variouscommunities living there. The publicat large is currentlynot sufficientlyaware of Communityaction to combat racismand xenop'hobia, or of th-eirrights to havetheir complaints heard. There is a needto fostergreater awareness in the Communityabout the dangelst9 e.1ye.ryoneliving in the Comminitypresented by racismand xenofhobia, particularly in thelightof the risingtide of racistattacks and crimes(v. EuropeanParliament resolution of 15 March1990) and of suchincidents as thedesecrätion of Jewishgraves at Carpentras(v. European Parliament resolutionof 17 May 1990). Recommendatlon 192That an informationcampaign be carriedout to publicizemeasures designedto combat racismand xenophobia poin it Communityand nationa!level)and all the bodies that members of the public may contactwhen they consider that they have been the victims of xenophobicor racistconduct. Recommendation 20: That 1995 shoutd be designatedEuropean Year of Racial Harmonyand formpart of an ongoingcampaign to alert residentsof the Communityto the dangeri to them a,ttfrom the gTowthin racism, antisemitismand xenophobia,and that adelquatefinancial resourcesbe made availablein both 1993and 1994 for preparation. Particularlyimportant for the futurewill be ensuringthat young peoplg from both maiority and minorityiommunities have the fullestpossible awareness both of the dangersof racismanO ät thebenefits of a multiculturalsociety. In factthe roleof educationis vitaland the Commissionshould fully exploit what competence it hasin thisfield. lt shouldmaintain and extendits activitiesto supportprojects in the fieldof the educationof childrenfrom immigrantand ethnicminority Üact

initiate a revision of this directive, with a view particutarlyto ensuring that the rights providedby it are extendedso as to include thechitdren of immigrantsfro-m third count-ries. Becommendation 25: That the Commissionsignificantty step up its efforlsto ensurefull implementationof the resolution of the Council änd Miniiters'of Education,meeting within the Council,of May 1989,on the educationof gypsy and travellerchildren, witia view Plriicularly to stimulating initiativesproposed 6y that resolutionand strentgtheningthe deuelopment,coordination and evaluation,at Communitylevel, of cooperativönetwoiks of initiatives at local, regional and Member State level. Recommendation 26:.That the Commission,by 3l March lggl, submit a recommenda- tion to the Council on the role of education in combating and preventing racismand xenophobia.

Recommendation 27: Thatscientific research be promotedinto the causesand forms of racigm and xenophobia in the Community with the aim of indicating ways of overcoming racism and xenophobia.

Attitudesto minoritiesare largelyshaped by their portrayalin the pressand other mass media;currently there is grave concernabout the steräotypingof religiousand ethnic minorities.

Recommendation 28: That a campaignbe conductedto raisethe awarenessof media professionals of the importance of their role in eliminating racial and xenophobic prejudices, particularly through appropriate treatment of the näws. The EuropeanCommunity Institutions might be seento be on weakground in criticizing discriminatoryemployment practices in CertainMember States whei their own do no-t explicitlypermit or encouragethe employmentof Europeanresidents who are not Communitynationals as establishedofficiais. Recommendation 29: That considerationbe given, in negotiationswith the trade union Wanizations concerned, to amendment of ine Statt Rbgutations for officials of the European Communitiesto open the way for those from third countrieswith permanent resident statusin one of the Community countriesto permit employmentas estabtished Community officials.

Recommendatioo 3O:That the Commissioncarry out a detaitedstudy of MemberStafes' leglslltion governingthe employmentof non-Communitycitizens in t'he civilseruices and submit a communicationthereon.

Clearly,some Member States'legislation provides better protection for residentsagainst racismand xenophobiathan others'. lt would be appropriateto coordinatelegisiation Community-wideto extendthe same measureor prdtäctibnto all Communityreiidents. Oneprovisionof sucha directivecould be the establishmentof a watchdogboäy similar to the Commissionfor RacialEquality in the UnitedKingdom. Recommendation ?]= That,in tle tight of the rutingof the Courtof Justiceof g Juty t9g7 y.nlerliningthe tact that the employmentsituation, änd more generattythe improvement of living and.working conditionsin the Community,is affecteö Oy Me'ntber Siates' policies towards third country nationals resident in the iommunity, a aÄn directive be prepared by CHAPTER7 159

Sl March lggl to provide a Communityframework of tegislationagainst any discrimina- tion connectedwith betongingor notbetonging to an ethnicgroup, nation,region, race or religion,covering all Community residents. Extreme right-wingand fascist groups abuse the postal service by disseminating unsolicitedfrraterial. They also promoteracial hatred by distributingleaflets, newspapers and pamphletsoutside schools and youthclubs and in otherpublic places. Recommendation 322That a draft directivebe preparedby 31 March 1991to harmonize regutationsthroughout the Communityto proh'ibit'the disseminationof anti-semiticand racistmaterial. Therepersists a widespreadfear that the completionof the SingleMarket may. result in the creationof second-clässcitizens - Communityresidents without the nationalityof a MemberState, who may not benefitfrom the removalofinternalfrontiers and freedom of movement,and indeedbommunity residentswith the nationalityof a MemberState who becauseof theirobvious membership of an ethnicminority group may be subjectto more frequentidentity controls and other restrictionsto their freedomof movement. The aim of the EuropeanResidents Charter would be to ensurethat all legalresidents of the Community(subiect to a minimumresidence qualification) enjoy the samerights and dutiesthroughout the CommunitY. Recommendation 33; That a European ResidentsCharter be drafted, extending.to residentsof a Member Statethe right'of residenceand establishmentin the other Member Stafesof theCommunity, and givi-ngthem theopportunity to obtaina EuropeanBesidents Card, as partof the mäasurei to äbofisninternal frontiersand establishthe single area wouldallow 'non-Communityproridedior in the Treatiesand the SingleAct;this European ResidentsCard work within the legat residentsfreedöm ' to -"--'-'-'circulate, to" ' reside' '' and to ':i:

convictions,or gender or sexual orientation,to benefit, including thosetiable to criminal prosecutionfor crimes that are not recognizedas such in the Cömmunity,or to cruel and unusualpunishment, or to an attackon or constraintof their physical,'mentalor social integrity.

Recommendation 36: That arrangementsbe made in cooperationwith the European Parliamentfor theappointment of a EuropeanCommunity oiicer for questionsof asytum. It is importantthat immigrantstaking or facing legal proceedingsshould have the opportunityof beingrepresented by an organization-repiesentinglhe interestsof their particularcommunities.

Recommendation 3.7: That a proposal for a directivebe drafted on the participationof recognizedassociations, including thoseof immigranfs,as a third party in'proce'edingsin which those they representare the injured partäs.

Recommendation38: Thatconsideration be givento the resultsachieved by immigrants' advisorycouncils and that they be encouragedon an individual basis,during a transitional phase, according to the quality of their reöord as regards democratizatioi. Overfour years afterthe European Parliament endorsed the call in the Evrigenisreport for a MigrantsForum to be established,this has still not beendone. The parliämenthäs duly votedthe necessaryfunds in successivebudgets, but the Commissionhas apparenfly spent all these creditson conductingpreparatory studies, which have now led to thä selectionof 87 migrantorganizations. The Commitieeof Inquirywas notprovided with the informationnecessary to assessthe representativityof thdse. Recommendation 39: That the European Migrants Forum as recommendedin the Evrigenis Reportbe establishedby 31 DecemOe1tggO;the recentCommission moves in this direction are welcomed, including the convening of a conference of 87 migrant organizationsin the Community; the Partiament sioutd have representationat tnis conferenceand be kept fully informedof alt developments.

Despitethe Commission'sassertion of Communitycompetence on mattersrelating to the achievementof the SingleMarket, covering particülarly ihe harmonizationof asyluä rules andallother maüers relating to the removalofinternalirontiers and the establishmentof a Peoples'Europe, Member States proceeded to removethese issues from the Community forum and thereforefrom accountabledemocratic control by creatingsemi-clandestinö groupssuch as Treviand the Ad Hoc Groupon lmmigration.li is totallyunacceptable that this lack of accountablityshould continue.

Recommendation 40: That the Commissionlook into the questionof how an actioncan be broughtin the EuropeanCourt 'Ad of Justice againstthe deiisionsof the Schengenstates and hoc Group on lmmigration'of the Member Statesand then bring proöeedings. Recommendation 41:. That the Commissionensure that the forthcominglntergovern- mentalConferenceasserfs the Community'scompetence as indicatedin th,-eWhit6 paper of 1985on the lnternal Marketand in Pariiament;sresolution on the right of asytum@oc. A-227/86)in mattersdealing with the harmonizationof asylum rulesa-nd atlother matters relating to the removal of internal frontiersand the establishmentof a peoptes'Eurape, 161 CHAPTER7

policies,and suchas harmonizationof entry rulesand commonEuropean Communi$ visa that these etforts shoutdbe ätearly reflectedin the Conventionon the right of asylum' Communityfunding through the EuropeanSocial-.Fund or the EuropeanRegional DevelopmäntFund could6e used,witir increasedfinancial provision,. to help combat racismänd xenophobiain thoseareas where there is a highlevel of socialand economic deprivationand a high immigrantor minoritypopulation Recommendation 42: That the criteria enabling European SocialFund and European to a Fund for RegionalDevetopment funding tor sfeciflc positive actions be directed greater exteit towards,"giont and locaiitieswitn high immiqrantpopula.tions, especially the where minoritiesare conierred, and be more widell applied,but withoutpreiudice to claimsof the disadvantagedareas of the Community. TheCommission and Councilshould be separatesignatories to allconventionsin thearea of the fightagainst racism, antisemitism and xenophobia' Recommendation 43: That the Commissionbe supportedin its declared intentionsof eicouraging the Community's accessionto the EuropeanConvention of Human Rights'

7.9. TheCouncil of the EuropeanCommunities In view of the increasingactivities of the EuropeanCommunity as an actor on the internationalstage, and io underlineits commiimentto protectinghuman rightsand the etiminatingraciaidlscrimination, the Communityitself should become a signatoryto appropriaiäinternational conventions. lt shouldtherefore revise its positionof opposition td ine'Community'saccession to the EuropeanConvention on HumanRights (see answer to writtenquestion by Mr Glinne- 1 June1990). Recommendation 44: That it reconsiderits positionas regards-the Community's accessionand take the necessarysteps to ensurethat the EuropeanCommunity bgcome a signatoryto the European Conveition on Human Rightsas foreseen in the Working Programmeof the Commissionfor 1990. Recommendation 45: That the necessarysteps be taken to ensurethat the European of Community becomeä signatoryto the UU CoÄventionon the Etiminationof all Forms RaciatDiicrimination, aid to {he 1951Geneva Conventionon Refugees' The EuropeanCommunity Institutions might be seen.tobe on weakground in criticizing not discriminätoryemployment practices in cänainMember States when their own do not r*pti.itty peimit or öncorrägethe employmentof Europeanresidents who are Communitynationals as establishedofficials. Recommendation 462That considerationbe given,-the in negotiationswith the trade union the organizationsconcerned, to amendment of Staff Rbgulations. officials of .for perman.ent. Eiropean Communitiesio open the way for those from third countries with residentsfatus in one of the Community countriesto permit employmentas established Communityofficials. 162 CHAPTER7

Despitethe Commission'sassertion of Communitycompetence on mattersrelating to the achievementof the SingleMarket, covering particülarly ihe harmonizationof asyluä rules and all othermatters relating to the remova-iofinternalirontiers and the establishmentof a Peoples'Europe, Member States proceeded to removethese issues from the Community forum and thereforefrom accountabledemocratic control by creatingsemi-clandestine groups suchas Treviandthe Ad HocGroup on lmmigration.li is totally-unacceptablethat this lack of accountablityshould continue. Recommendation.47= .That,in tlte tight of the ruling of theCourt of Justiceof g Juty lggT the fact y\lerlining that.the emptoyment situation, änd more generaily theimprovement of living a.nd working conditions in the Communig, are affecteäoy uemoer Siates' policies towardsthird country nationalsresident in the Community,alt äcilvities relatedto thefree movementof such third country nationalscurrently aeatt wnn in intergovernmentalfora such as the Ad H9c Group o1 and the Trevi workinggioüps any other grolP lmylOration involving all or some of the Member States of the Commuiiti shäuld"rd be wound up and transferredto the appropriateCommunity bodies.

The SocialAffairs Council and the representativesof the Governmentsof the Member Statesadopted a resolutionon racismand xenophobiaon 2g fu"v rögo. me dratt resolution,presented by the Commissionand on whichthe Europeanparliament gave its opinioninthe reportby Mr MedinaOrtega (adopted on 14 February),wäi criticizedlor co.nfiningitself to recognizingthat certäin'legal measures at both institutionaland administrativelevel could help to preventacts iispired by racismoi irnolnoOia.

The resolutionin..the-form ado_pted by the Counciland the representativesof the Governmentsof the Member States äppears to fail to acknowledgethe need for Com.munityaction to combat racismanci xenophobiawhere the victiris are European residentswho are not Community_nationals. thn ls a clear breachof the undertäking made in the Declaration 'workers againstRacism and Xenophobia,which specificallymentionö who have their originsin other MemberSiates or in thirdcountries' and ,the MemberState in whichthey legallyreside'. Recommendation 48: Thatif necessarya supplementarydectaration be adoptedassoon as possible to the Council Declaration against Racismand Xenophobia, expresslyto q.rot99timmigrants to Community trom tnird countries in the same *ay as citizeis ot the !l.e Member Slates of the Community,against racism and xenophobiaof'which they are particular victims.

There are alarmingracist and xenophobictendencies apparent in certainEuropean countries which aq or.qre. likely shortly to becomeapplibänts for membershipof tne EuropeanCommunity. lt is inconbeivabldthat they strouiciaccede to membershipwithout fullysubscribing to the communityfight against iacism and xenophobia. Recommendation 49: That a declarationbe made that any country seekingto join the European Community must be committed to the Europöan democratic traditionsof tolerance, the elimination of all forms of discrimination connectedwith betonging or not lelonging to an ethnic group, nation, raceor religion, and be a signato,ryn th" appropriate international and European conventions,and- take steps to bombät xenophobia and 163 CHAPTER7 antisemitismwith, if necessary,denazification measures, enabling that country to meet öimmunity standardsfor the'preventionand repressionof racismand xenophobia' CouncilDirective 77t4g6lEEC on the educationof thechildren of migrantworkers,despite beingin forcefor 13 years,has stillnot beenfully implementedin all MemberStates' 77/ Recommendation 50: That proper and fult implementationof Council Directive 4il6/EECon the educationof chitdrenof migrantworkers be ensuredin all Member States.

7.4. The Member States lrelandhas recenilyadopted legislation outlawing incitement to racialhatred and therefore of shouldnow be in a posiiionto äignthe UN Conüentionon the Eliminationof all Forms RacialDiscrimination. UN Recommendation 31: That theonly Member Statewhich has notalready signed the as Conventionon the Etiminationof ätt Forms of Racial Discrimination,do so as soon possible. It is impoilantthat immigrantstaking or facing legal proceeding.sshould have the their opportunityof bein! repre"sentedby a"norganizaltion-repiesenting the interestsof particularcommunities. Recommendation SZt Thatan anti-discriminationlaw be enactedcondemning all racist acts acts andenabling tigit personssuch as associations to bring prosecutionsfor racist or appear as ioint Plaintiffs. The 1990decision of the Courtof Justiceon the interpretationof Article48.4 of theTreaty of Rome (employmentin the public service)underlines the need for unnecessary restrictionson the employmentof non-national'sin the publicservices to be removed' to Recommendation 53: ThatMember Sfates review their legislationconcerning access possibilityof opening such access, posts'according in the pubtic sectorin order to consider the to specific arrangements,to nationalsöt tnirA countries who have legally posts residedin theMemberSfafe concernedfor a sufficientperiod, with the-exceptionof which participatein the exerciseof pubtic authorityin that Member State. of In some MemberStates, unacceptably long administrativedelays in regularization immigrants'status occur. that Recommendation54: ThatMember Sfafes take the necessarymeasures to ensure the immigrant poputation has access within a reasonable period to legal sfatus as residentsand workers. the Despitethe Commission'sassertion of Communitycompetence on mattersrelating to rules achievementof the SingleMarket, covering particularly ihe harmonizationof asylum of a andallother matters reiating to the remova]öf internatirontiersand the establishment peoples'Europe, Member States proceeded to removethese issues from the Community forum and thereforefrom accountabledemocratic control by creatingsemi-clandestine grouprsuch as Treviand the Ad HocGroup on lmmigration.lt is totallyunacceptable that 164 CHAPTER7

this lack of accountablityshould continue.Access to informationby the individual concernedand respectfor his/herpriv.acy are importantprinciples, anä the Schengän lnformationSystem, for example,has beencriticized for not respeciingthem. Recommendation 55: That Member Sfales abide by the undertakingsthey gave in the preamble to the Single European Actand pursue their activitiesrelatäd b the removalof internal frontierswithin the frameworkof ihe community institutions. Th.eforthcgmin^g Intergovernmental Conference provides an ideal opportunityfor clarifi- cation of the Community'scompetence in matiersrelating to third'countrynationals residentwithin the Community.

Recommendation 56: That Member Stafes ensure that the forthcominglnter-Govern- mental Conference decide to introduce explicitty into the Treaties cteär competence relati!9 to third countrynationals residentin-the öommunity, as confirmedin the'rutingof the Court of Justice of g July 1997.

Particularlyin urbanareas, one of the majorelements of disadvantagefor immigrantsis quality the of theiraccommodation, often lacking access to basicamönities and öuffering from severeovercrowding.

Recommendation 57: ThatMember Sfates work againstthe ghettoizationof their ethnic minoritiesand adapt their housing policiesto provide inexpenEiveand adequatehousing to encourageintegration.

Recommendation 58: That Member Statesencourage rehabititationprogrammes to improvepublic housingand tivingconditions in the citieiwith large immigrant poputations. Womenare far more likelyto be discriminatedagainst on the basisof theirdependent status than are men, Moreover,migrant womän are often the victims of double discriminationbased on boththeir sexänd theirmigrant status. Recommendation 59: ThatMember Sfates considertackling the probtemsof immigrants' partners and familymembers who losetheir residenfsfatus'fnrougn divorce or sepäration by granlingthem independentresident sfafus after a period of tivo years-inthe'country, and in the caseof bere.ave.ment,by grantingthem sucit statusirrespäcfive of theperioa oi,f residence,and in particular that thb righ{of residence of immigiant women shouldno longer be dependenton that granted tö tne husband.

In someMember States, existing provisions exclude those granted asylum from gainful employment fora periodof up to twoyears, thus ensuring that-they rer"in in a situationof extremepoverty.

Recommendation 60: That Member Statesreview and then abotishthe provisions forbiddingrefugees from taking up work and thuscreating or fosteringgroundi for ittegat employment.

The.useand exploitali9n of a poolofclandestine labour undermines the social protection, healthand safetyandJhe sec^urity of employmentof all workersand is thereforecontrary to provisions the of the SocialCharter. Moreöver it is very oftenthe case that sanctionsare appliedagainst clandestine workers rather than thosewho illegallyemploy them. CHAPTER7 165

Recommendation 61: That Member States consider adopting legislative measures providing for severe legal sanctions againsfthose who employ and exploit immigrants withoutlegal resident status;the aim of such sanctionsshould be the punishmentof those found guilty of exploitationand not the victims of it. Many MemberStates perhapsunwittingly place many barriersin the way of non- Communityresidents wishing to acquirenationality in the formof undulycomplicated or expensiveadministrative procedures. It is importantthat dual nationalitybe permitted(possibly with a distinctionbeing made 'active' 'passive' between and citizenship).Failure to do so can discouragepeople from seekingto acquirea Communitynationality because the breakwith their country of origin impliesa breakwith their traditions and family ties, perhaps removal of the possiblityof an eventualreturn to that country,and legaland otherdifficulties in somecases. Recommendation 62: That MemberSfafes adopt measuresto permit the applicationfor nationalityby immigrants who have legally resided in the Communityfor a continuous period of five years, keeping the costsand administrativeprocedures to a minimumand permittingapplicants for citizenshipto maintain passivecitizenship in theircountry of origin where {oss of citizenship would entail problems in relation to ownership of property, inheritance,etc.; and to give thoseborn in a Member Stafe the nationalig of that stateat birth. lf immigrantsare to playa fullpart in the lifeof theircommunities, the abilityto speakand writethe languageof theirhost community as swiftlyas possibleis essential. Recommendation 63: That Member Sfafes create conditionsenabling any immigrant with legalsfatus to learn a languageof the Member Sfafe of residence. Giving residentnon-nationals the right to vote is a controversialmatter. However, experiencein several Member States and notably the United Kingdom and the Netherlandsseems to indicatethat accordinEthis rightdoes not leadto any substantial changein politicalstructures and hasdistinct benefits in helpingto makethese residents feelpart of the community.lt wouldtherefore be desirablefor MemberStates to examine the possibilitiesof accordingthis rightat leastat locallevel, alongside implementing the draftdirective granting voting rights in localelections to Communitynationals. The Dutchexperience has shownthat publicopinion swings in favourof votingrights for foreignersafter seeing these rights in operation. Recommendation 64: ThatMember Sfafes consider granting the right to vote and stand, at leastin local elections, first to all Communitycitizens and then to all legal immigrants with five years' continuousresidence in the country. Currentlythere are complaintsof a lack of coordinationin preparing,implementing and operatingmany legislative proposals having a director indirectinfluence on immigrantand minoritypopulations. Recommendation 65: That Member Sfates set up appropriatemechanisms responsible for monitoring the strict application of conventions, resolutionsand directives and of legislationconcerning acts of racism, antisemitismor xenophobia. 166 CHAPTER7

Giventhe extentof the problemsfaced by gypsiesand othertravelling communities, and considerablediscrimination against them both in the Communityand now particularlyin adjoiningstates, it is importantprovision should be madefor them whichrespects their traditionalpatterns of migration.

Recommendation 66: Ihal MemberSfafes respectthe traditionalwayof life of gypsy and other travellingcommunities, encouraging the provisionof the necessaryfacilities to make this possible,at external frontiersas well as within the Community.

It is oftenin theworkplace that the problems of racialdiscriminationare at theirmost acute, and collectiverather than individualaction has oftenbeen proved to be the mosteffective. Fullparticipation in collectivebargaining would also help improve the generalsituation of all workerson low pay and with poorworking conditions. Recommendation 67: That Member Sfales encourage full and active participationby immigrant workersin trade unions.

Consideringthe politicalaspect of racistcrimes and the factthat they are in a sensethe negationof the civicrights of theirvictims, it seemsincongruous that the exerciseof full civic rightsby perpetratorsof racistcrimes sutficiently serious for theirto havewarranted the impositionof a custodialsentence should be permittedwhile they are servingsuch a sentence.

Recommendation 682 That Member Stafes tighten up their law to repressracism and antisemitism,and in particulartake measures to ensure that thosewho are sentencedand imprisonedfor suchoffences are deprivedof their civic rights for the period of detention.

There is a common often misguidedbelief that persons of authoritarianand racist inclinationsare attractedto employmentin the policeand customs authorities. Numerous complaintsare receivedthroughout the EuropeanCommunity about racist behaviour in theseservices, Recommendation 69: That Member Sfafes renew the instructionsgiven to the various seruicesresponsible for carryingout checksto avoid any discriminatoryharassment likely to suggest to the personsbeing checked that external characteristicspertaining to a particular race or category may have predisposedthem to the checks concerned.

A centralaspect of tacklingproblems of racism,antisemitism and xenophobialies largely withinthe competenceof the MemberStates - education.lt is vitalthat children should not absorbracist attitudes at schoolbut that, on the contrary,they shouldlearn about the benefitsto be derivedfrom livingin a multiculturalsociety.

Recommendation 70: That all Member Sfafes undertake to fully and effectively implement the terms of Directive 77/486/EECon the education of the children of migrant wokers and to apply the Directive equally to the children of both Community and non-Communitycitizens resident in the Community.

Recommendation 71: That Member Sfates introduce teachingagainst racism into the curriculumof their primary schoolsas a compulsorysubject. CHAPTER7 167

Recommendation 72= That Member Sfates adopt policiesenabling children from the majoritypopulation and from ethnic minaritiesta be educated together. Recommendation 73: That Member Sfafes step up the support that education systems can provide for the campaignagainst racism, antisemitismand xenophobiathrough the teaching of human rights and history at school, through teacher training and through university research. Lack of informationabout immigrants'rights and about the bodies responsiblefor administering,monitoring and implementinglegislation can oftenprove to be a barrierto alleviatingdiscrimination. Recommendation74: ThatMember Sfates ensure thatthe personsconcerned are better informedof the meansavailable to them to opposeany discriminationto which they may be subject.

7.5. The ForeignMinisters meeting in EuropeanPolitical Cooperation

Therehas beenconsiderable groMh bothin racist,antisemitic and xenophobicincidents and in the strengthand numberof extremeright-wing organizations in the countriesof EasternEurope. In consideringits foreign policy links with these countries and ever-closer cooperationwith them, the Communitymust seek to helpthem to resolvethese problems. Recommendation 75: That the growth of racism,antisemitism and xenophobiain many countriesof EasternEurope be drbcussedin the light of the Community'srelations with them. TheACP-EEC Joint Assembly adopted a resolutionon 29 March1990 assessing the need for the ACP statesto be associatedwith the fight againstracism and xenophobiain the Community,in particularas thisinvolved citizens of ACPstates. The foreign policy aspects of this must be carefullyconsidered both in respectto the ACP states and the Community'sattitude towards other states. Recommendation762 Thatproblems faced by non-Communitynationals of ACP states and other states residentin the Communitybe examinedin the light of the Community's relations with the ACP states (paying particular attention to the procedure for dialogue provided for in Lomö lV) and other sfafes. There are alarmingracist and xenophobictendencies apparent in certainEuropean countrieswhich are or are likelyshortly to becomeapplicants for membershipof the EuropeanCommunity. lt is inconceivablethat they should accede to membershipwithout fullysubscribing to theCommunity fight against racism and xenophobia. The foreign policy aspectsof this mustbe carefullyconsidered. Recommendation 77= That the Foreign Ministersmeeting in Political Cooperationfully discussthe implicationsof the above recommendationthat the Councilmake a declaration that any country seeking to join the European Communitymust be committed to the Europeandemocratic traditions of tolerance,the eliminationof allforms of discrimination connectedwith belongingor not belongingto an ethnicgroup, nation,race or religion,and 168 CHAPTER7 be a signatoryto the appropriateinternational and Europeanconventions, and take sfeps to combat xenophobia and antisemitismwith, if necessary, denazificationmeasures, enablingthat countryto meet to Communitystandards for theprevention and repressionof racism and xenophobia. 169

Annex 1

Written evidence to the Committee of Inquiry

By lndividual BOVENKERK,Prof. Frank. Willem Pompe Instituut voor Strafrechtswetenschappen, Rijksuniversiteitte Utrecht CHOMBARTDE LAUWE,Marie-Jos6 ELSS,Werner ESSED,Dr. Philomena FISCH,Jean-Albert JAGER,Prof. Dr. Siegfried JENSEN,Erik & SEJERSEN,Jens PEARSALL,Phyllis

By Organization AVRUPAMILLI CÖNÜS TESKILATLARI, KöIN AGENCENATIONALE POUR L'INSERTION ET LA PROMOTIONDES TRAVAILLEURS D'OUTRE-MER ASSOCTA9AOCUITEENSE DE SOLTDARTEDADESOC|AL, Lisboa BRITISHROMMANI UNION COMMISSIONFOR RACIALEQUALITY, London THE DANISHCENTER OF HUMANR]GHTS FOLKEBEVEGELSENMOD NAZISME IRISHIN BRITAINREPRESENTATION GROUP INSTITUTODE ESTUDIOSISLAMICOS, Lima, Peru JOINTCOUNCIL FOR THE WELFAREOF IMMIGRANTS.London MOUVEMENTCONTRE LE RACISME,L'ANTISEMITISME ET LA XENOPHOBIE, CENTRED'ACCUEIL POUR IMMIGRES & DISTRICTCOMMUNITY RELATIONS COUNCIL THE ORGANISATIONOF INTERNATIONALHUMAN RELATIONS. Brussels THE BOARDOF DEPUTIESOF BRITISHJEWS 170 ANNEX 1

Documentationreceived Belgium Belgianparliamentary documents (House of Representatives) (submittedby Mr Glinne) Chambredes Repr6sentants R6unionpublique de la Commissionde l'lnt6rieurdes Affairesg6n6rales, de I'Educationet de la Fonctionpublique - compterendu analytique 17 janvier1990 'L'intögration: une politiquede longuehaleine' Vol, | : repöreset premiörespropositions Vol. ll: philosophies,politiques et opinions Vol.lll:donn6es argumentaires CommissariatRoyal ä la politiquedes immigr6s,novembre 1989 Denmark 'A Guideto the DanishRefugee Council' December1989 'En asylsogersvej igennemsystemet' - An AsylumSeeker's Way ThroughThe System Editedby DanskFlygtningehjalp 'The Roleof AirlineCompanies in the AsylumProcedure'- Groupof Expertsunder the Auspicesof EuropeanConsultation on Refugeesand Exiles(ECRE Editedby DanskFlygtningehjalp) 'Victimsof Neutrality,Race Discrimination in Denmark', MeredithWilkie, Nordic Journal of InternationalLaw, Acta scandinavicagentium, page4-87 'Kan det ske igen?',Povl. E. Noragen,Udgivet af Folkebeegelsenmod Nazismei samarbejdemet ForlagetTommeliden FederalRepublic of Germany 'SchulischeBildung der Kindervon Wanderarbeitnehmern' Modellversuchsprogrammder EuropäischenGemeinschaften, Landau 1 989 lnformationfrom Aigali Dshunussow,National Executive member responsible for foreigners,SPD in der DDR,East Berlin, 6 February1990 'ZwischenToleranz und Besorgtheit'- Einstellungender deutschenBevölkerung zu aktuellenProblemen der Ausländerpolitik- VERTRAULICH- Institutfür Demosko- pie Allensbach 'Pluralistic 'PublicBeliefs about Anti-Jewish Attitudes in WestGermany : A Caseof lgnorance'by WernerBergmann, Patterns of Prejudice,Vol. 22 No 3, 1988 'Pr6sentationde la politiqueet de la l6gislationconcernant les 6trangersen R6publiqueF6d6rale d'Allemagne' Le MinistreF6d6ral de I'lnt6rieur,situation: juillet 1989 'ArbeitsplatzDeutschland' ANNEX 1 171

lnformationszeitschriftfür ausländischeArbeitnehmer in der Bundesrepublik Deutschland 'Ausländer- Daten Herausgegebenvom Bundesministerfür Arbeitund Sozialordnung,Dezember 1989 'Situation der ausländischenArbeitnehmer und ihrer Familienangehörigenin der BundesrepublikDeutschland - Repräsentativuntersuchung'85 Der Bundesministerfür Arbeitund Sozialordnung 'Faschismus, Rechtsextremismus,Sprache', von SiegfriedJäger, Duisburger Institut für Sprach-und Sozialforschung 'Rassismus. Zur Klärungeines Begriffs',Siegfried Jäger; Thesen zum Rechts- extremismus- Colloquiumdes DISSan 16 - 18.3.1990in Radevormwald

France French report to Rocard on Racism and Xenophobia:Recommendations - Conclusions Texted'une proposition pour lutter contre le racismeet I'antis6mitisme,et moderniser la d6mocratie FrancePlus Dossierde la sectionMarseille-Nord Sud Liguedes droitsde I'homme Dossiersrelatifs ä des attentatsracistes et au front national M.R.A.P. Dossiersrelatifs ä I'int6grationdes 6migr6set auxagressions racistes ä l'6gardde la communautdalg6rienne et Bulletinde I'associationAmicale des Algdriens en Europe 'Bilans', bulletinde I'associationF6d6ration APAC Dossier6labor6 ä I'occasionde la visitede la commissiond'enquöte par le Collectif MarseilleFraternit6 et les Verts Brochuredu CLAF 'Le Möridional',dossier remis par RadioGalöre Dossierrelatif au sc6nariod'un film sur le racismeet I'int6grationä Marseille, Mme CarolineChomienne Dossierremis ä I'hötelde r6gionlors de la visitede la commissiond'enqüete ä Marseille Conseilr6gional Dossiersremis par la municipalit6lors de la visitedes quartiersde Marseille: dossierde pressede la villede Marseille dossiersur I'activit6de I'officepublic d'HLM 172 ANNEX 1

ötudesur'le sentimentet les r6alit6sde I'insdcurit6ä Frais-Vallon' publicationde M. Parisis:'Paroles de locataires1919-1989' 'projets, Mairie des 11öme et 12me arrondissements: escalades,metiers, espacesverts, parapentes. Donn6es sur population,logement et emploi' Missionjeunes: dossier d'activit6s Maisonde l'6tranger:dossier d'activit6s Dossierremis par RadioGazelle 'lmmigration,lslam, Le problömedes repr6sentations',Universit6 Paris 7, Liguede I'Enseignement,et Centrede Documentation,lnstitut du MondeArabe Greece HumanRights and BalkanMinority Treaties GeorgeB. Zotiades,Thessalonika, 1968 lreland 'RacialDiscrimination in lreland- Realities& Remedies' A HARMONYReport, March 1990 Italy Italianparliamentary documents Luxembourg Aspectsdemographiques de I'immigration Bulletindu Statec,1989 'Devenezpropri6taire! L'Etat vous aide!' Brochure6dit6e par le Servicede l'lmmigrationen collaborationavec le Servicedes Aidesau Logement(Construction-Acquisition), 1988 'Les prestationsfamiliales au Grand-Duch6de Luxembourg' Brochure6dit6e par la CaisseNationale des PrestationsFamiliales du GrandDuch6 de Luxembourg,1988 ProjektOECD/CERI und SIRP : 'Bildungund Migrationin Luxemburg- Statische Bihnz : 2. Teil Courrierde I'EducationNationale, Ministörede l'Educationnationale et de la Jeunesse,octobre 1986 'A proposde 'l'Ann6edes Droitsde I'Homme': texteset commentaires Courrierde I'EducationNationale, Ministörede I'EducationNationale, octobre 1978 Netherlands Minderhedennota TweedeKamer der Staten-Generaal,Nederland, Zitting 1982-1983 - Nr. 16102 Overzichtonderzoek minderheden AdviescommissieOnderzoek Minderheden (ACOM), Ministerie van Binnenlandse TakenNederland, juli 1985 ANNEX1 173

Onderzoekminderheden in opdrachtvan de Rijksoverheid,Ministerie van Binnen- landseZaken Nederland, mei 1984en november1986 Onderzoeketnische minderheden Bibliografiesamengesteld door de AdviescommissieOnderzoek Minderheden (ACOM),Ministerie van BinnenlandseZaken Nederland, juli 1989 Allochtonenbeleid WetenschappelijkeRaad voor het Regeringsbeleid,Rapport aan de RegeringNr 36, 1989,Nederland Een beterbeleid ? 'Allochtonenbeleid'van Commentaarop het rapport de WRR,september 1989 Minderheid- Minderrecht ? Ministerievan Justitie,Nederland, 1983 Een eerlijkekans F. Bovenkerk,Ministerie van BinnenlandseZaken, Ministerie van SocialeZaken en Werkgelegenheid,februari 1986 Overheid,Godsdienst en Levensovertuiging Eindrapportvan de Commissievan adviezinz. de criteriavoor steunverleningaan kerkgenootschappenen anderegenootschappen op geestelijkegrondslag, Neder- land.maart 1988 Petitieen Memorandum: Een sociaalEuropa voor iedereen AdviesraadBuitenlanders, Gemeente Den Haag,Nederland, oktober 1989 Minderhedenin Nederland,Statistisch vademecum 1989 Centraal Bureau voor de Statistieken lnstituutvoor sociologisch-economisch onderzoek,Nederland Actieprogrammaminderhedenbeleid 1990 TweedeKamer der Staten-Generaal,vergaderjaar 1989 - 1990 'Naaromstandigheden redeliik' Rapportvan de Evaluatiecommissievan de LandelijkeAdvies- en Overlegstructuur Minderhedenbeleid(LAO), Ministerievan BinnenlandseZaken, Nederland,April 1988 Portugal O projecto'Nödjunta mön', projecto integrado de educagäode basenas äreasde alfabetizagäo,saude, planeamento familiar AssociagäoCaboverdeana, Lisboa AssociagäoGuieense de SolidariedadeSocial, Lisboa AssembleiaDa Republica,Lisboa

Spain 'Normativaespafrola vigente sobre protecciöndel principiode igualdadfrente a discriminacionesde caräcterracista o xenöfobo' Ministeriodel lnterior.Secretaria General Tdcnica 174 ANNEX 1

United Kingdom 'Unequal migrants: the EuropeanCommunities on equaltreatment of migrantsand refugees', Reportfrom the JointCouncil for the Welfareof lmmigrants,ed. Don Flynn 'New RightNew Racism', PaulGordon and FrancescaKlug 'The otherlace of terror,lnside Europe's Neo-Nazi Network,' by RayHill, with Andrew Bell 'Linked by a commonthread' Videopresented to the Committeeof Inquiryon the Growthof Racismand Fascism, MigrantsFilm and VideoCollective lnstituteof RaceRelations : Catalogue Butetin No 58 (MediaResearch projet) BulletinNo 59 Codeof Practice(for the eliminationof racialdiscrimination and the promotionof equalityof opportunityin employment) Codeof Practice(for the eliminationof racialdiscrimination in education) lndianWorkers' Association, London 'The Regenerationof Racism' lrishin BritainRepresentation Group about a policyon anti-lrishracism, ed. Patrick ReynoldsPEO OBRG Searchlight 'From Ballotsto Bombs- the insidestory of the NationalFront's political soldiers' The SouthallDay Centre,Hounslow Annualreport 1988 / 19Bg EalingFamily Housing Association Racial Harassment Casework Report (Casework to December1989) EalingFamily Housing Association - annualreport lggg - lggg SunriseRadio - Hounslow 'Black Letterd WalthamForest NALGO WorkersGroup to all blackworkers' referredto by Ms Goldsmith(assistant to Mr Tebbitt,ex-minister - Cons.) 'Asian 'Caribbean Copiesof Times'and Times'collected at SelbyCentre 'Patterns of Prejudice'- Vol.23 No 3 'Anti-lmmigrant AnthonyM. Messina: llliberalismand the'New'Ethnic Minorities in WesternEurope' Instituteof JewishAffairs ResearchReport Nos 2 and 3, 1990,No 1, 1990,No 7, 19gg Reportof Activities- July 1988- December19g9 ANNEX1 175

HomeOffice (Minister John Patten) lmmigrationand NationalityDepartment - PolicyStatement of racerelations Circuiarlnstruction 32/1986 - To all PrisonDepartment Establishments (Race Relations) Home OfficeCircular No 75188- ProbationService policies on race Home Office Notice 2311989- Workingprocedures - Equal Opportunity Proofing HomeÖttice News Release -'Muslims in BritainToday' by John Patten HomeOffice News Release -'On beingBritish' by John Patten HomeOffice Circular No 84/1989- Magistrates'Courts service policies on race HomeOffice circular No 87/1989- Equalopportunities policies in the police service HomeOffice circular No 33/1990- Ethnicminority recruitment into the police service Home Officecircular No 4211990- Governmentreply to the Home Affairs Committeereport on racialattacks and harassment Section11 of the LocalGovernment Act 1966- GrantAdministration : proposals (+ annexC) Reportof the Inter-DepartmentalRacial Attacks Group: 'The responseto racial attacks and harassment: guidancefor the statutory agencies' Officeof PopulationCensuses and SurveysOPCS Pressnotice : Governmentdecides on ethnicgroup questions for 1991census Houseof CommonsHome AffairsCommittee 'RacialAttacks and Harassment' Houseof LordsSelect Committee on the EuropeanCommunities '1992:Border Control of People' KMMYABI '1992& the BlackCommunity'

Eastern Europe 'Accordezdes droitsä la plus grandeminorit6 d'Europe' SOS Transylvanie- Comit6de Genöveet HungarianHuman Rights Foundation Committeefor HumanRights in Rumania Genöve,New York,December 1989

EuropeanGommission 'Librecirculation des personnesdans la communaut6' par Jean-ClaudeSeche (Commission Europ6enne)

Gouncil of Europe 'Need to combat resurgentfascist propagandaand its racist aspects',Report by RobertKrieps 176 ANNEX 1

United Nations Reportson the InternationalConvention for the Eliminationof all formsof Racial Discrimination(CERD)

GeneralDocumentation InternationaalInstituut voor SocialeGeschiedenis / StichtingHistorische Racisme Studies 'Racism and the LabourMarket', D. Van Arkel& R.C. Kloosterman Beate Ritter 'Racism and Xenophobiaagainst Migrants in Europe' LillianMumbua Kitusa 'Race Relationsin the EuropeanCommunity' (transmitted by lan White,MEP) EuropeanCommunities - Parliament Report drawn up on behalf of the Committeeof Inquiry into Racismand Xenophobia on the findings of the Committeeof Inquiry Luxembourg:Office for OtficialPublications of the EuropeanCommunities

1991- ll,176 pp.- 14,8x 21,0cm lsBN 92-823-0280-6 Cataloguenumber: AX-59-90-81 5-EN-C