Starting Line: reflections on the campaign for a European directive?

Starting Line: reflections on the

campaign for a European directive?Patrick Yu

Executive Director of NICEM

Former Chair of Starting Line

Who were we?

• Informal network of experts in 1991

• Starting Line proposal in 1993• Article 13 of Amsterdam Treaty• New Starting Line proposal on racial and religious discrimination in 1998

Political context of Article 13

• Schengen acquis• Third pillar in the area of freedom, security and justice

• New legislative procedure (Consultation Procedure)

Commission proposal

• Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

• Council Directive 2000/78/EC a general framework for equal treatment in employment and occupation

Limitations

• Unanimous vote under Article 13 • Race covers both employment and service provision, not other grounds, in particular religion

• The concept of equal treatment• National body

Political Context during negotiation

• Austria and EU constitutional crisis in 2000

• Enlargement• More immigration control and restrictions through Schengen acquis

• Input of the Starting Line Group

Reflection 1

• Successful lobbying of the Starting Line Group

• Anti-discrimination unit was set up right after Amsterdam Treaty

• EUMC and ENAR set up as part of the process

• Race mainstreaming• Network of experts

Reflection 2

• 9-11 in America and Madrid bombing in 2003

• Race issues completely disappear in the radar of government at national level

• Framework Decision on Racism and Xenophobia 2001

• Transposition of the Directives• Gender Directive on Service Provision

Reflection 3

• Issues of capacity building within the NGOs sector on race

• The myth of law is the dominant cultures

• Few NGOs know the Directives which resulted low input or none at national legislation

• Activist vs Lawyer

Future EU law in the area of equality

• An upward improvement of a new Single Equality law in EU covers all existing grounds with common concept of discrimination and scope of protection

• A recognition of differences among grounds and accept difference of treatment in terms of positive action or positive equality

Future policy and practice

• Education and training • Consolidate Equality Mainstreaming within EU law, policy and practice

• Testing cases

Challenges Ahead

• European Institutions (EU, CoE & OSCE)

• EU governments & institutions• Alliance building on multiple grounds and cross-sectors (inter and intra)

The real challenge

• Who are we as an NGO?• Are we part of the problems?• Can we connect lawyers & activists?

• Can we make people be practical?• Can we create networks and alliance buildings?

• Can we handle politics?