INTERNATIONAL ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM AND INTOLERANCE IN THE OSCE REGION A COMPARATIVE STUDY SEPTEMBER 2004 ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS This study was produced by the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). It is based on a longer study commissioned by the ODIHR and written by Merja Pentikäinen, a researcher in International Law from the University of Lapland in Finland. The longer study is available upon request from the ODIHR. The OSCE/ODIHR would like to express its gratitude to the following people for con- tributing expertise, advice, and comments at various stages of the process. Without their input, this study could not have been developed: Arnaud Amouroux Assistant Project Officer, Office of the OSCE Representative on Freedom of the Media Krzystof Drzewicki Senior Legal Adviser, Office of the OSCE High Commissioner on National Minorities Isil Gachet Executive Secretary, European Commission against Racism and Intolerance Lauri Hannikainen Member of the European Commission against Racism and Intolerance Professor of International Law, University of Turku, Finland Sally Holt Legal Officer, Office of the OSCE High Commissioner on National Minorities John Kellock Head of Unit, Communication and External Relations, European Monitoring Centre on Racism and Xenophobia Claudia Lam Administrator, European Commission against Racism and Intolerance Nathalie Prouvez Secretary, United Nations Committee on the Elimination of Racial Discrimination Fredrik Schiller Deputy Director, OSCE Conflict Prevention Centre Head, Mission Programme Section 3 INTERNATIONAL ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM AND INTOLERANCE IN THE OSCE REGION Thomas Schwartz European Monitoring Centre on Racism and Xenophobia Satu Suikkari Former Member of the Office of the Commissioner for Human Rights, Council of Europe Patrick Thornberry Member of the United Nations Committee on the Elimination of Racial Discrimination Professor of International Law, Keele University, UK Birgit Van Hout Associate Human Rights Officer, United Nations Office of the High Commissioner for Human Rights Hanna Vuokko Adviser, Office of the OSCE Representative on Freedom of the Media The OSCE/ODIHR would especially like to thank Peter Eicher for his contributions and editing. 4 TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTORY REMARKS . 8 1. Background of the Study . 8 2. Objectives and Content of the Study . 9 3. Terminology and Definitions. 9 INTERNATIONAL ORGANIZATION ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM AND INTOLERANCE IN THE OSCE REGION . 10 I. COUNCIL OF EUROPE . 10 1. European Commission against Racism and Intolerance (ECRI) . 11 1.1 Definitions . 11 1.2 Mandate and Structure . 12 1.3 Monitoring and Reporting Methodology . 13 1.3.1 The Country-by-Country Approach . 13 1.3.2 Work on General Themes . 15 1.3.3 Issues and Groups at Focus . 16 1.3.4 Co-ordination with International Organizations and Civil Society . 17 1.4 Challenges . 18 2. Other Relevant Actors. 19 2.1 Framework Convention for the Protection of National Minorities and the Advisory Committee . 19 2.2 Commissioner for Human Rights . 20 2.3 Mechanisms on Roma . 21 3. Notes on the European Conference Against Racism and Its Follow-up. 22 5 INTERNATIONAL ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM AND INTOLERANCE IN THE OSCE REGION II. EUROPEAN UNION . 23 1. European Monitoring Centre on Racism and Xenophobia (EUMC). 24 1.1 Definitions . 24 1.2 Mandate and Structure . 26 1.3 Monitoring and Reporting Methodology . 28 1.4 Current Priorities . 31 1.5 Co-ordination with International Organizations and Civil Society . 33 1.6 Challenges . 35 III. UNITED NATIONS . 36 1. International Convention on the Elimination of All Forms of Racial Discrimination and the Committee on the Elimination of Racial Discrimination . 37 1.1 Definitions . 37 1.2 Mandate and Structure . 38 1.3 Monitoring and Reporting Methodology . 39 1.3.1 Examining the Situation in the States Parties to the Convention . 39 1.3.2 Adoption of General Recommendations . 42 1.3.3 Consideration of Communications . 42 1.4 Co-ordination with International Organizations and Civil Society . 43 1.5 Challenges . 43 2. Other Actors . 44 2.1 Mechanisms of the Commission on Human Rights. 44 2.2 Special Rapporteur on Contemporary Forms of Racial Discrimination, Xenophobia and Related Intolerance . 45 2.3 UN High Commissioner for Human Rights . 47 2.4 UN Specialized Agencies. 48 IV. THE ROLE OF THE OSCE IN ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM, AND INTOLERANCE . 50 1. Office for Democratic Institutions and Human Rights (ODIHR). 52 1.1. Mandate . 52 6 TABLE OF CONTENTS 1.2 Current Priorities . 54 1.3 Monitoring and Reporting Methodology . 56 1.4 Work on General Themes . 57 1.4.1 Freedom of Religion or Belief . 57 1.4.2 Roma/Sinti . 58 1.4.3 Anti-Semitism . 58 1.5 Co-ordination with International Organizations and Civil Society . 59 2. Other Relevant Actors. 60 2.1 High Commissioner on National Minorities (HCNM) . 60 2.2 Representative on Freedom of the Media (RFoM) . 62 2.3 Field Operations . 64 2.4 Parliamentary Assembly (OSCE PA) . 64 CONCLUSIONS . 66 RECOMMENDATIONS. 69 ANNEXES . 71 BIBLIOGRAPHY . 82 7 INTERNATIONAL ACTION AGAINST RACISM, XENOPHOBIA, ANTI-SEMITISM AND INTOLERANCE IN THE OSCE REGION INTRODUCTORY REMARKS 1. BACKGROUND OF THE STUDY There have been increasing demands within the OSCE to enhance the work of the Organization in the area of action against racism, xenophobia, discrimination, and anti- Semitism. The 11th Ministerial Council, meeting in December 2003 in Maastricht, drew particular attention to the question of tolerance and non-discrimination. It encouraged the participating States to collect and keep records and statistics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrimination, and anti- Semitism. The Ministerial Council also gave concrete responsibilities to the OSCE insti- tutions, including the Office for Democratic Institutions and Human Rights (OSCE/ODIHR), which was tasked, in full co-operation, inter alia, with the United Nations (UN) Committee on the Elimination of Racial Discrimination, the European Commission against Racism and Intolerance (ECRI), and the European Monitoring Centre on Racism and Xenophobia (EUMC), as well as with relevant NGOs, with serving as a collection point for information and statistics collected by participating States. The OSCE/ODIHR was also tasked with reporting regularly on these issues, as well as with promoting best practices and disseminating lessons learned in the fight against intolerance and discrim- ination. In addition, OSCE Permanent Council decisions on combating anti-Semitism, adopted in April 2004, and on tolerance and the fight against racism, xenophobia and dis- crimination, adopted in July 2004, included further taskings, particularly to the OSCE/ODIHR. Highlighting the OSCE’s increased emphasis on action against racism and intoler- ance, a number of special OSCE conferences have been organized in the course of 2003 and 2004. These include the: • Conference on Anti-Semitism on 19-20 June 2003 in Vienna; • Conference on Racism, Xenophobia and Discrimination on 4-5 September 2003 in Vienna; • Conference on Anti-Semitism on 28-29 April 2004 in Berlin; • Meeting on the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes on 16-17 June 2004 in Paris; and • Conference on Tolerance and the Fight Against Racism, Xenophobia and Discrimination on 13-14 September 2004 in Brussels. These issues were also given a special emphasis at the Human Dimension Implementation Meeting (HDIM) held in October 2003. 8 INTRODUCTORY REMARKS 2. OBJECTIVES AND CONTENT OF THE STUDY This study provides an overview of action against racism, xenophobia, anti-Semitism and intolerance by various international organizations or actors in the OSCE region. It is intended to assist the OSCE/ODIHR to identify meaningful activities and methodology it might undertake in a field where other international organizations are already active. The study looks at ways in which the OSCE/ODIHR can assume a role that does not duplicate the work already being done by others and builds on existing efforts. In this study, the emphasis is placed on key international institutions, instruments, and standards that relate specifically to racism, xenophobia, discrimination, and anti- Semitism. The work of the ECRI, the EUMC, and the UN Committee on the Elimination of Racial Discrimination provides the central focus because of their work in the field and because they have been explicitly and repeatedly referred to in the pertinent OSCE deci- sions. In particular, the study examines the definitions they use, as well as their mandates and structures, monitoring and reporting methodology, co-ordination with international organizations and NGOs, and the challenges facing them. In addition, other bodies or mechanisms are briefly presented in order to provide a broader picture of current actors in the field. At the end of the study, the possible role of the OSCE in the area of combating racism, xenophobia, anti-Semitism, and intolerance is discussed. In addition, the study proposes rec- ommendations for a meaningful role for the OSCE, and particularly for the ODIHR. 3. TERMINOLOGY AND DEFINITIONS There are no universally accepted definitions of racism, xenophobia, anti-Semitism, racial discrimination, or intolerance. For instance, “racism” has not been defined in any inter-state instrument