5th Annual Meeting of the Fundamental Rights Platform April Meeting Report

Transcription

1 Meeting Report Read more on If you ask me: What s the most important thing in the world, I will tell you: it s people, it s people, it s people. (a saying from New Zealand) 1

2 Objectives: To encourage a European debate on fundamental rights among different civil society organisations To facilitate knowledge and among FRP participants To inform the work of the FRA about challenges and promising initiatives on the ground To create opportunities for networking and further cooperation between civil society, the FRA and other actors, in particular National Human Rights Institutions and Equality Bodies Ilze Brands Kehris, Chairperson of the FRA Management Board Opening addresses It is really in the dialogue and the feeding into the work of the agency that you who are working with real cases, real concerns, real people, both in terms of civil society and human rights institutions and others, that that work really feeds into what we're doing, another extra reality check for our work, and to ensure that we really stay on track in terms of the real concerns and radar system of where the issues are. We are here to share our common commitment for the realisation of fundamental rights for all people in the EU. This is a unique feature of the Platform to really establish a space for exchanging views, even when we disagree. We need to listen to each other and learn from each other. It is thanks to your active participation and support over the past 5 years that we have come such a long way to build this into a true platform for dialogue, as I really believe it is. 2

3 Morten Kjaerum, FRA Director The FRP has become a key channel for strengthening dialogue between civil society and the agency. In a period of economic crisis, there is a particular need for civil society. We therefore all need to focus on safeguarding the independence and autonomy of civil society. What you can provide to the FRA is the knowledge and insight on what is happening for people in Europe. The solution lies into collaboration between all the different actors. Main topics of the speeches Overview: key human rights challenges, such as combating racism, protecting migrant workers, combating discrimination of people with disabilities, fighting discrimination against Roma Stressing the value of the strong fundamental rights architecture that exists in Europe Need for more cooperation between NGOs, NHRIs and Equality Bodies, especially in victims rights, access to justice and under-reporting Existing coherent policies addressing many of the human rights challenges Impact of austerity measures on human rights work Download welcome address by Ilze Brand Kehris / Download welcome address by Morten Kjaerum 3

4 Debate with the audience Main messages: Strong need to cooperate together we are stronger. We need to speak to each other at the national level. Economic and social rights are under attack. FRP as a platform for dialogue is unique. How can we make the Charter understandable? We all know how difficult it is to reach the institutions. In this sense FRA is unique, and that we can speak so freely and directly and that we can express opposing thoughts is unique. Economic and social rights are under severe attack in the economic crisis. Through our collective knowledge we will recognise that the same mechanisms are behind the different fundamental rights issues. The reality of exclusion is the same. Together we are stronger, we must make sure that we do not compete with each other, but work together to drive forward the work against discrimination. We have to work together, because these are very crucial times. We must keep fundamental rights alive and the Platform can cooperate with FRA to do exactly that. It is not only vulnerable groups who are vulnerable today everyone is vulnerable today. The crisis makes things difficult. We should bring this work back to our countries, spread it also with other NGOs of our countries. Then it will not be so easy to stop NGO action. The ripple effect of discrimination in one group in society is huge. How does one take the Charter as an individual and make it work for you? We founded our national NGO round table. Perhaps these round tables could include NHRIs and Equality Bodies as well. Why do we meet with our national partners only in international fora? We need champions of cases at the national level. When I joined the NGO world, I was amazed and struck about the high level of aggressive competitivity in the NGO sector. 4

5 Keynote address Ylva Tivéus, Director Citizens, European Commission Europe for Citizens programme (Budget: 215 million) 'Citizens for Europe' action (twinning and new forms of participation by citizens, such as citizens panels) 'Civil Society in Europe' action (support for European NGOs as well as think tanks, in the form of operating grants and projects submitted by civil society organisations) 'European Remembrance' action (support for projects organised to remember the victims of Nazism and Stalinism) Ylva Tivéus, Director Citizens, European Commission Legal rights and institutions alone are rarely sufficient for democracy to flourish; the quality of democratic governance relies on civic virtues and engagement of citizens. The economic crisis in addition to its immediate effects, also has repercussion on civil society and civic engagement. And this is happening in times when civic engagement is more needed than ever. There has been a decline in citizens commitment to political engagement, and in trust towards institutions. That there are rights is not the same as being able to enjoy the rights. We need to work together and strengthen awareness of citizens rights. It is very difficult to reach out to the citizens on the ground. This cannot be done from Brussels, this is why we need to work together 5

6 Victims` Rights and Under-Reporting: cooperation between National Human Rights Institutions, Equality Bodies and civil society I am eager to collaborate with you because it is in all our interest that you will win. Alan Miller, Chair of European Group of NHRIs and Chair of the Scottish Human Rights Commission: NHRIs are a bridge between Member States and international human rights law, and a bridge between authorities and civil society, including NGOs. NHRIs duties are empowerment, accountability and ability. We need to have a shared understanding of the role that each of us play, and mutual respect. There should be an on-going dialogue. And if NGOs have concerns about the independence or effectiveness of an NHRI you should raise that. This relationship shall be constructive for the benefit of the population. Jozef de Witte, Chair of the Board of EQUINET and Director of the Centre for Equal Opportunities and Opposition to Racism, Belgium There is a culture of non-reporting, and a lack of trust in authorities and a fear to be exposed. What is it that people are refusing to report? Are we making people afraid to report? We should continue to work together. We should be critical towards each other, but we need trust and sense for collaboration. There is a risk that there will be more victims, everyone could become a victim, but at the same time there are less resources both for Equality Bodies and for civil society organisations. We need to invest in establishing and deepening the relationships between Equality Bodies and civil society: awareness raising, civil society organisations as front offices, training, NGOs as experts, monitoring. What is EQUINET? European Network of Equality Bodies, Brussels based (website) Develops cooperation and facilitates information exchange amongst members 37 members in 27 MS, Croatia, Serbia and Norway Strategic Plan

7 Alicja Gluszek, Executive Board Member, La Strada Foundation against trafficking in persons and slavery, Poland Victims often do not want to go straight to institutions, so NGOs can be the bridge between victims and institutions. The institutions have been advocates for our causes and the causes of victims. All sides profit from the very good cooperation that we as NGOs have with the Ombudsperson, who helped bring the issue of human trafficking to the government and motivated the Ombudsperson to introduce a national action plan against trafficking. It is important to strengthen our awareness-raising initiatives. Joanna Goodey, Head of Freedoms and Justice Department, FRA What is appropriate for victims on a case-by-case basis? Rights of victims and their needs are not always the same thing. A number of victims may not want to report their experiences. Many victims do not know how to go about reporting. Which institution to address as the entry point? NHRIs, Equality Bodies and civil society are very diverse across the EU. As a result the approaches of how to deal with victims on the ground are also diverse. There is a need to minimise the complexity and maximise accessibility for victims. The cost of delivering the services victims need and which are their right, is of central concern in times of economic austerity. What is the cost of non-intervention for society? 7

8 Main messages: Costs of non-interventions for society Economic crisis not only a threat but also a challenge Reasons for underreporting (Lack of) Political will to give civil society a voice There is a gap between granted rights and enforcing them in practice Commodity rights seems better observed than human rights How can pressure be increased to support NHRIs and Equality Bodies threatened by severe cuts? It is important to focus on hidden populations Culture of rights is under attack Patience needed structures of NHRIs and Equality Bodies are just ten years old 8

9 What can be done at the pan-european level - by FRA, EQUINET, NHRIs - to intervene when an attack on fundamental rights is happening? There is a considerable gap between law on paper and reality on the ground. Right to access to justice is very difficult. What solution can we find together? How to draw the line between discrimination and personal view? Underreporting for victims of torture is a huge issue. There is a lack of trust in institutions, a lack of trust in rule of law. NGOs need to trust each other, otherwise we cannot go as far as we could. Lack of political will is often lack of knowledge research is needed. Mental health: victims in psychiatry cannot complain we have no access to justice we can be compared with irregular immigrants. We first need to get equal rights as all other citizens. Monitoring: yes good idea but often it is hidden in institutions; human rights of commodities work better than human rights for human beings. Forbidden to put cameras inside institutions but everywhere else. What can we do to get equal rights? UK Equality Commission is undergoing severe cuts, lots of experience is lost; we don t see judgement of international or European courts executed; NHRIs could help with FRA and FRP engage with civil society at national level? How does the economic crisis affect our ability to operate and to cooperate? How can we use the crisis as a challenge, what if we try to break down the structure? How can organisations reach out to communities of victims and the disadvantaged. It is difficult to reach hidden populations. Equality bodies need standards comparable to Paris Principles. Acknowledge the times we are in, and come up with new ways of working. 9

10 The Floor is Yours! At the Floor is Yours session 30 different organisations used the possibility for an exchange of ideas and experiences. You can find presentations and other information linked to the session here. 10

11 Multiple Discrimination Mainstreaming Intersectionality into Fundamental Rights Work Multiple discrimination is not an academic exercise, but a stubborn realty. Testimony on multiple discrimination: Virginia Wangare Greiner Social worker in Health at Maisha e.v.-african Women in Germany I thought humankind is one race. For black African women we realise that there are three aspects of the areas where I think there is discrimination faced by black women, racism, sexism and classism. People may not mention the word Race they choose to use Exotic and they would focus on my African clothes or skin and as you see, whatever they cannot understand they would have a lot of stereotype pictures. I am not courageous, you are courageous, you are the ones breaking the ice and giving space to migrant women. 11

12 Ludovia Banfi Programme Manager, FRA Only six EU Member States have specific laws on multiple discrimination. How can NGOs help identify cases of multiple discrimination? How can NGOs cater for this group? How could NGOs help taking multiple discrimination to courts? There is little research conducted so far. Juan Gonzalez Mellizo Unit Non-discrimination policies and Roma coordination, DG Justice, European Commission All these directives acknowledge multiple discrimination but do not oblige Member States to put them into practice, which is a weakness of the legal system. Legislation is important but it is not the only thing. Silvia Cutera Women s Committee of the European Disability Forum The Convention clearly recognises that women and girls with disabilities are often at greater risk of violence, ill treatment and exploitation. 40% of women with disabilities in Europe are victims of some form of violence. 12

13 Anastasia Crickley Member of the Committee on the Elimination of Racial Discrimination (CERD) We, all of us, who claim to have some interest in addressing these matters, are falling down badly - We have a responsibility to ensure that they become a very clear platform for our work over the next decade and in the future. Main messages: Multiple discrimination is not simply adding up different forms of discrimination intersectionality. Multiple discrimination is still not recognised by law in most Member States, nor at EU level. Swift adoption of the EU horizontal Anti-Discrimination Directive is of utmost importance. Valuable work is done by NGOs and the FRA but far from enough. Pilot phase of the e-frp project launched e-frp? sharing expertise and best practices communication with peers upload-function for your publications sharing EU-information enhancing your network capabilities - Operational in summer Your comments are needed to make the e-frp a useful tool! 13

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15 Meet the FRA: Thematic Workshops INTRODUCTION TO THE FUNDAMENTAL RIGHTS PLATFORM Fundamental Rights Platform is a unique cooperation mechanism between FRA and civil society. Possibility for networking most appreciated among FRP participants; Difficult for small organisations to provide input to all FRA consultations. Feedback from consultations and information about follow-up much needed. FRP participants keen to know more about FRA s work and contribute to its activities. MULTIPLE DISCRIMINATION: MAINSTREAMING INTERSECTIONALITY INTO THE WORK OF CIVIL SOCIETY ORGANISATIONS Clear definition of multiple discrimination and intersectionality essential; Cooperation among different civil society organisation would help raise awareness about other grounds of discrimination; Better coordination needed among Equality Bodies and NHRIs; Difficult to identify victims of torture - symptoms vary among individuals. Better training of health professionals needed in this context. Discrepancy between social analysis and legal practice: intersectionality often not addressed; Concerning policy-oriented approach: useful to look at disadvantage, rather than at the ground for discrimination. Social economic disadvantages often compounded with other grounds; Migrants, Roma and Travellers, victims of domestic violence, people with disabilities: particularly vulnerable to multiple discrimination. IS JUSTICE JUST FOR CHILDREN? Child-friendly justice is key Children in juvenile justice systems special vulnerabilities of suspects Child victims and witnesses, situation of children during divorce Promising practices, such as.: Handbook in Poland distributed in schools explaining the roles of children in criminal and civil procedures Austria: children can be interviewed in separate rooms helps the investigation of domestic violence cases; involvement of specialists Slovenia: age-appropriate handbooks have been published on the issue (targeting different age groups) Italy: child advocacy practices are developing to get children s voices communicated to wider society Greece and Ireland: cultural mediators working among police and Roma, with specific focus on children FRA WORK ON DISABILITY: MAKING ACCESSIBILITY A REALITY Meaning of accessibility? Guardianship, non-discrimination, inclusion, utopia, a way of thinking, political rights, right to make a family for mentally disabled people, social realism, universal design, Europe without borders, precondition for participation and for freedom; Understanding diversity in modern way is key everyone has special needs Difficult to assess accessibility - different types of disabilities; Legislative acts should regulate basic requirements for accessibility; Access to education and access to labour market are most important. 15

16 Access to Justice THE FRA ANNUAL REPORT: 200 WEIGHTY PAGES THROW LIGHT ON THE FUNDAMENTAL RIGHTS SITUATION WITHIN THE EUROPEAN UNION More funding needed for NGOs to pursue strategic litigation in areas where new jurisprudence is needed; Sufficient funding needed for Equality Bodies to safeguard independence and effectiveness Lack of rights awareness and knowledge of legal aid and other support measures - important challenges ensuring access to justice; Close cooperation between FRA and networks of legal practitioners needed, e.g. in accessing justice in cross-border situations; More consistency and coherence of decisions and standards needed at national level, such as ensuring victims` protection Sufficient funding needed, in order to guarantee independence and effective functioning of Equality bodies. More collection of promising practices needed FRA should play a role Innovative concepts of pro-bono work needed, especially in times of economic crisis Participation in extensive consultation processes cost-intensive for civil society organisations increasing participation by focus consultation processes on specific thematic areas and addressing relevant organisations and/or giving organisations the chance to select areas of interest FRP can already provide feedback on published reports FRP can already feed FRA`s Annual Report with information on fundamental rights situation in MS Direct contact between FRANET and FRP desirable FRP could be involved in translation of FRA products a) to improve their dissemination and b) to improve advocacy work of NGOs by increasing their knowledge through relevant information CONSULTATION PROCESS ON THE FRA S ANNUAL WORK PROGRAMME FRA S RESEARCH METHODOLOGIES AND QUALITY CONTROL MECHANISMS How can we improve the FRA s annual consultation process? Participants raised a number of issues and suggested several concrete ideas. For example, consultations should include: Possibility to contributions; Online forum for discussions before survey started; Option to download entire questionnaire before starting to fill it in; Possibility to provide feedback only on those issues relevant for the work of a particular organisation; Transparency about consultation results and proper follow-up information, explaining the selection and priority setting; Initial consultation via electronic means and discussion at FRP meeting; Individual telephone interviews with EU equality networks when developing draft AWP. 4-6 weeks responding time and regular reminders; FRA uses robust methodologies to collect and analyse data; Better use could be made of the agency s expertise at national level, such as drafting FRA guidebook on data collection for national authorities Provide more data in an easy-to-read format; Use clear definitions of used terminology to improve interpretation and comparability of data; Use more dynamic media as communication channel for products; More user-friendly electronic publication formats Improve impact on policy makers by using interactive reports. 16

17 THE ROLE OF CIVIL SOCIETY IN ROMA INCLUSION THE WORK OF THE FRA IN THE AREAS OF ASYLUM, MIGRATION AND BORDERS The workshop suggested a number of actions that could be implemented by the FRA and civil society, for example: Involve more NGOs in the design of the FRA Roma survey; Organise cultural training for practitioners to better understand Roma and take into account diversity among Roma communities; Allocate more resources to grassroots activities of civil society; Use participatory approach throughout the entire policy cycle, thereby ensuring meaningful involvement of Roma and NGOs representing them; Strengthen cooperation among civil society organisations and local authorities; Use quantifiable indicators and targets to measure progress at national and local level. VIOLENCE AGAINST WOMEN Equal possibilities to access justice, regardless of status; Careful monitoring of implementation of Employment Directive needed; Ensuring that documented migrant workers do not become undocumented; Irregular migrants should be included in the Victims Rights Directive; Healthcare for irregular migrants - further research needed to assess the costs to society of not providing healthcare services; Cooperation with Frontex could be further strengthened, in order to ensure fundamental rights at the border. HOW TO COMMUNICATE FUNDAMENTAL RIGHTS? FRA is carrying out an EU-wide survey on violence against women. Aim: to collect reliable and comparable data on women s experiences of violence. Survey carried out in cooperation with the European Union Institution for Gender Equality (EIGE). Workshop provides information about modalities of the survey; Participants invited to work together in using survey results in Identify key messages and communicate them in most simple way; Avoid using legal language or area-specific terminology; Find a real-life story behind any set of data; link statistics with personal stories and promising practice examples; Make the information accessible to the target audience; Some rights easier to communicate then others. How do we deal with the phenomenon? Framing rights in bigger context might help. 17

18 The FRP welcomes its new Advisory Panel! Jamie Bolling Executive director of the European Network on Independent Living (ENIL) As a young, educated, white American in Europe I did not experience discrimination. Later a wheelchair user, single mother and immigrant in Sweden I became aware of how society is formed from a view of normality with hierarchies excluding many. I could no longer take buses, enter public buildings nor was I talked to as an equal. The experience of discrimination became one that I since confront. Dominika Bychawska-Siniarska Project Coordinator at the Helsinki Foundation for Human Rights Europe has recently found itself at a human rights crossroad and this has been evident in the lengthy negotiation of the accession of the ESMU to ECHR and the concept of human rights becoming increasingly unpopular among old European democracies, the situation is even more aggravated with the economic crisis. This affects particularly the new Member States, which very often become members somehow on credit, and where democracies are still very fragile and Hungary may unfortunately be an example. Evelyne Paradis Executive Director of the International Lesbian, Gay, Bisexual, Trans & Intersex Association European Region (ILGA- Europe) My view and my desire to take part in the Advisory Panel of the Fundamental Rights Platform comes from my unmovable, unshakeable belief in the indivisibility of human rights. I understand the role of the Advisory Panel to be that of looking into the best possible processes, procedures and structures that enable a very fruitful, meaningful, effective relationship between civil society organisations, all the organisations we represent and the FRA. Catherine Lynch National Coordinator of the Irish Network Against Racism (ENAR Ireland) I have been involved with the FRA and it's predecessor, the EUMC, for over a decade now. I think the only way it can be effective is to engage with civil society organisations, I commit to working hard, I commit to asking the difficult questions where necessary, also of myself. ( ) I commit to working to keep the good practices of the old Advisory Panel, but also to keep an eye on the emerging gaps and refreshing our ways of working. I commit to working with my fellow AP members, but also and always with who are the real members, the members here today, the FRP. 18

19 Roger Kiska Senior Legal Counsel at Alliance Defence Fund My view of FRA is that we come to the table here from our national organisations with our own views of what Europe should look like, and that's tremendous, but the first word in our organisation's name is alliance, we build alliances and we want to link arms together to make Europe a better place, a place that recognises fundamental rights for all. Allan Leas Secretary General of the European Council on Refugees and Exiles (ECRE) I would be honoured to serve and would hope to bring to the discussions the experience of someone who has witnessed the corrosive effects of discriminatory policies and practices and xenophobic behaviour and attitudes. And so too someone who truly believes in the ability of decent and good minded people, such as yourselves, to safeguard fundamental human rights in Europe. The FRP thanks its magic mind readers Before I handover the floor, I would like to say that our colleagues here are doing a wonderful job transcribing whatever we say. Sometimes they are so quick that I have the idea that they are mind reading before we say something, which in my case would be very helpful! Friso Roscam Abbing, Head of Communication Department, FRA 19