European Roma Rights Centre (ERRC) & GLOBEA Anti-discrimination seminars: the EU Race Equality Directive European Roma Rights Centre (ERRC) & GLOBEA Anti-discrimination seminars: the EU Race Equality Directive Prague, 1- 3 December 2004 Presenters: Paul O’Keeffe, Vladislava Iordanova, Stasha Ziakova

Introduction  Draft proposal for the anti-discrimination law going through the chamber of deputies and senate  Wednesday– Legal sector  Thursday --- NGOs  Friday --- Government Service Providers/ Representatives

Fighting Racial Discrimination - A workshop for civil society organisations in the Czech Republic - Thursday 2 December 2004  European Union anti-discrimination policy--Anstead  The areas of discrimination covered under the EU Race Equality Directive and what the terminology really means--Farcas  The role of specialised bodies and their relationship with civil society organisations-- Rodgers  What can civil society organisations do to combat discrimination? --Bedard  VPO---Its new role as the service provider  Open Discussion btw ERRC, CRE, Government Reps., NGOs and the service provider

European Union anti-discrimination policy  The two EU equality Directives, based on Article 13 of the European Community (EC) Treaty, are: Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation (the 'framework employment Directive') (EU F); andEU F Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic originCouncil Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the 'race Directive') (EU F).EU F Need to consolidate implement

Race Equality Directive and Terminology  Prohibits discrimination against people on the grounds of ethnicity or race in a wide number of areas, including employment, education, training, social security benefits, health care, and access to and supply of goods and services that are available to the public, including housing.  Member states are also required to designate (or create) a body to provide support and guidance to victims of racial discrimination.

Race Equality Directive 2  Most governments have taken a minimalist approach when implementing the directive, which in many cases has led to uncertainty, discrepancies between different laws, and vague definitions that leave room for interpretation and argument. Consequently, the laws, which in principle should protect the victims of discrimination, leave them to cope with legal uncertainties.  Doesn’t describe Racial Discrimination  Indirect discrimination  Direct discrimination  Harassment  Victimization

Burden of Proof  The Burden of Proof is shifted to the respondent when it is established that discrimination occurred  To establish can be difficult so it is up to NGO activism to do this.  Akcion Popularis

Sanctions  Article Sanctions must be effective, proportional and dissuasive  Criminal Sanctions for egregious acts  Civil Sanctions--- compensation, exemplary damages, punitive damages  Labour representative-- any fine goes to the state so people aren’t motivated

Role of specialised bodies and their relationship with civil society organisations  CRE in UK ► Good bench mark/example  Characteristics of Specialised Bodies  Responsibilities Elimination of Racial Discrimination, Good race relations, Promoting equality and operation etc…) Elimination of Racial Discrimination, Good race relations, Promoting equality and operation etc…)  Status Independent, Up hold the principles of public life, Accountable, Open and honest Independent, Up hold the principles of public life, Accountable, Open and honest  Governance Commissioners, Advisers, Committees Commissioners, Advisers, Committees

Role of specialised bodies and their relationship with civil society organisations  Accountability Annual Report, Role of Chief Executive, Budget allocations Annual Report, Role of Chief Executive, Budget allocations  Special situation in UK regarding financing (1/4 of budget goes to NGOs directly)  Structure Strong regional presence Strong regional presence

Role of specialised bodies and their relationship with civil society organisations  Priorities for CRE ( ) Change in: Change in: Work Work occupational segregation occupational segregation Services Services schools, police, prisons schools, police, prisons Communities Communities safety, youth cohesion, conflict resolution safety, youth cohesion, conflict resolution

Role of specialised bodies and their relationship with civil society organisations  Functions information, education and promotion with respect to public awareness information, education and promotion with respect to public awareness advice an assistance to victims advice an assistance to victims investigation and enforcement investigation and enforcement research and codes of practice research and codes of practice to promote good race relations to promote good race relations

Role of specialised bodies and their relationship with civil society organisations  Issues to consider Independence Independence Enforcement and promotion Enforcement and promotion Assistance to victims Assistance to victims Resources Resources Regional and local diversity Regional and local diversity To maintain focus To maintain focus

The Situation in the CR  Government position  VPO – Ombudsman  NGOs

Government Position  Two Possible Models A. Equal treatment centre (Centrum Pro Rovne Zachazeni) A. Equal treatment centre (Centrum Pro Rovne Zachazeni) B. Ombudsman (Verejno Pravni Ochrance) B. Ombudsman (Verejno Pravni Ochrance)  Initial plan for A – commission of equality was the model for this, but rejected  Opted for B but with possibility for a special department within the VPO  The agenda = gender and race directive + religion, sexual orientation, age and disability

VPO  Cernin Karel  Dealing with public sector issues whereas discrimination affects private entities  Real need for cooperation with NGOs  Unclear where the headquarters will be  Credibility issues from now on  Structure 40 lawyers (recent graduates) 40 lawyers (recent graduates)  Fears no discrimination experience, independence, minimalist or maximalist approach no discrimination experience, independence, minimalist or maximalist approach

VPO  Legal Issues used to establishing trends from collection of cases not with individual cases used to establishing trends from collection of cases not with individual cases communication with public officials not private communication with public officials not private work with given materials work with given materials  Is a lawyer the best candidate for this job?

NGOs  Need for a greater role Over looked, no funding, taken as an inferior partner but called upon to save the day when things get tough Over looked, no funding, taken as an inferior partner but called upon to save the day when things get tough  Architecture laid down but enforcement poor or non-existent

The End