RunnymedeThe NEWSLETTER OF THE RUNNYMEDE TRUST No.322 June 2000 New Race Directive Agreed at European Level On 6 June 2000 the first ever European Race Relations legislation received political agreement at a meeting of Social Affairs Ministers in Luxembourg, including proposals to shift the burden of proof in civil cases against employers and other organisations accused of racism Ð and in favour of the victim. equiring (and having obtained) unanimity amongst the The general principles Ministers, this agreement represents a major step forward of Article 13, however, are not themselves legally binding. To give Rin race relations and anti-discrimination both in the effect to Article 13, the Commission proposed a package European Union and the UK. This directive is the first measure to consisting of two draft directives – one focusing on equal be adopted under the new powers to combat discrimination treatment in employment (the Employment or Framework introduced by the Amsterdam Treaty. Home Office Minister on Directive), the other on equal treatment of people irrespective of race equality, Mike O’Brien, stated: “The EU directive on race racial or ethnic origin (the Race Directive) – proposing a sends a signal to Europe, to the world, that we are serious about minimum standard of legal protection against discrimination tackling racism. This is an important step forward in the fight throughout the European Union, and an Action Programme to against racism both at home and in Europe. … Like Britain, most support practical efforts in the member states to combat of Europe is multi-racial. We all benefit economically and socially discrimination. The Race Directive is the first of these proposed from this diversity.” measures to have been passed. Employment Minister Tessa Jowell commented: “This is very Following political agreement, EU Employment and Social good news for the UK and for Europe and I am delighted to give Policy Commissioner Anna Diamantopoulou said: “This the UK’s wholehearted backing to the proposals. … Some British agreement, only a year after the Amsterdam Treaty came into press reports have suggested that these proposals are bad for force, is a clear sign of the commitment of the Community Britain and bad for business. That is absolute rubbish. No institutions to people’s fundamental rights. The directive will reasonable person could possibly find these proposals strengthen protection against racial discrimination across the controversial. The CRE welcomes the proposals, as does the CBI, Community and shows that we can make a practical and positive as has the House of Lords select committee.” difference to the everyday lives of our people.” The legal basis for the European Commission to propose The directive prohibits racial discrimination in the areas of legislation to combat racism, such as this directive, was finally employment, education, social security, healthcare and access to made possible with the ratification of the Amsterdam Treaty goods and services and ensures that victims of discrimination will (1997), which included a new non-discrimination clause under have rights of redress in all Member States. It also requires Article 13. Member states to designate a body for the promotion of equal treatment, which will provide independent assistance to victims of Article 13. Non-Discrimination Clause discrimination in pursuing complaints. In addition, the directive ÔWithout prejudice to the other provisions of the Treaty, will extend to countries wishing to join the European Union – and within the limits of the powers conferred by it upon the most of which have little or no existing protection against race Community, the Council, acting unanimously on a proposal discrimination, and form a component of their accession from the Commission, and after consulting the European strategies. Parliament, may take appropriate action to combat With Member States having three years from its coming into discrimination based on sex, racial or ethnic origin, force in which to take the necessary measures to implement it, the religion or belief, disability, age or sexual orientation.Õ Race Directive will provide a common legal framework of Continued on back page In this Issue: Framework and Race Directives ¥ After Lawrence: Race and Prisons ¥ Police Training ¥ Black Representation ¥ Employment Conference Sessions on Legislative and Voluntary Action and on HR ¥ MEB: Questions and Debates ¥ Asylum and Immigration ¥ Ethnic Equality in Denmark ¥ Research: Muslim Families in Europe ¥ Immigration and Discrimination Legislation reviewed Biggest breakthrough in British race relations for a quarter of a century Preceding political agreement on the Race that our words are turned into reality. Directive by the Social Affairs Council, the The UK's Commission for Racial Equality is just one example of this in Europe, and I am pleased that some of the European Parliament voted a strong resolution in best lessons of the UK's Race Relations Act, alongside best supporting the directive at its meeting on 18 May practice from other member States, are being translated into European law today. in Strasbourg and handed down its Opinion. UK The European Parliament should be aware that the elements Labour Euro-MP, Richard Howitt, co-author of I have outlined are intrinsic to the legislation and that, as Rapporteurs, we have come to a clear understanding with the the European Parliament's Report on the new Portuguese Presidency that – in return for our cooperation in legislation, addressed the European Parliament as accelerating parliamentary approval – those elements will form a minimum in the final directive agreed. co-rapporteur for the race directive. Let me turn to the specific improvements we propose and which we expect to be accepted: that incitement or pressure to and my party are proud to contribute to legislation which discriminate is banned just as much as the discrimination itself; establishes common standards of protection for the victims that groups as well as individuals will be able to bring cases Iof racial discrimination throughout our continent. This including a legal status for voluntary organisations to engage in will send a clear signal to the racist extreme right that they have civil dialogue, a partnership to implement the directive for the no part in modern Europe and it closes the chapter of racism, first time; that the scope of the new law is clearly applied to all antisemitism and xenophobia which tragically blighted our public authorities; that conciliation is offered to resolve history in the century just past. disputes without prejudice to the right of access to the courts; Racism is not an opinion - it is a crime. and that the effectiveness of the new law is tested one to two The 24-year old black care worker set on fire in a racist years, not five, after its implementation. attack in Britain, the five neo-Nazis convicted of beating two In addition, I ask the Commissioner to address specifically Vietnamese people in Germany, the French authorities cited by in her reply: first, our additional demands for application of Amnesty International for torture of a Moroccan-Dutch the principles of the directive in the policies and programmes national, - all of which took place in Europe this very week - of the EU itself; second, the right for public authorities to are simply the most require companies to visible examples of racial demonstrate compliance discrimination which is with anti-discrimination the daily experience of in awarding contracts; black and ethnic third, the importance of minority Europeans in statistical monitoring, if our businesses, we are genuinely to communities and on our combat discrimination. streets. Today the Finally, I offer my European Parliament sincere congratulations to places on record our Kathalijne Buitenweg for belief that this legislation her work and I thank her will concretely tackle for her cooperation with such racism. The shift in me in bringing this before the burden of proof Parliament. All Members because the should acknowledge the discriminator holds all of campaign by the anti- the information, will racist movement guarantee greater fairness Euro-MP Richard Howitt with a banner for the Parliamentary Group of the Party of throughout Europe, in the way that European Socialists national groups such as complaints are heard. the UK Race and Europe The definition of indirect discrimination will enable covert Network in my own country, the European Network Against action, which is more pervasive and more insidious, to be Racism and in particular the Starting Line group, who have challenged. There will be implementation by genuinely worked for 20 years to get this legislation. For them today is independent bodies with sufficient funds to do their work, so still simply the beginning. 2 The Runnymede Bulletin June 2000 PRISONS & POLICING After Lawrence: Race and Prisons ÒI want this report to serve as a watershed in our attitudes to racism. I want it to act as a catalyst to permanent and irrevocable change, not just across our public services, but across the whole of our society. This report does not place a responsibility on someone else. It places a responsibility on each one of usÓ (the Home Secretary, on 24 February 1999, presenting the Stephen Lawrence Report to Parliament.). Dennis Valentine, of NACRO's Race Unit, assesses whether criminal Dennis Valentine, Prison Development Manager with justice agencies measure up to the Report's recommendations. NACRO. Photo courtesy of Prison Service News. lthough many of the recommendations in the Stephen which has been developed by the Prison Service to tackle race Lawrence Report are aimed at the police and the Crown and equality issues internally, prisons have now at least been AProsecution Service, the underlying principles of the given a ‘vision’ to work to. It is essential that the Prison Service report should be applied to all criminal justice agencies, which play its part, as the Stephen Lawrence Report says, in producing share responsibility with the police for ensuring a fair and non- “… a criminal justice service which is accessible and discriminatory criminal justice system.