Civil Society Consultation: Feedback and suggestions on the follow-up of the FRA Annual Report 2008 Report on the Public Consultation July August 2008 September 2008
Table of Contents 1. SUMMARY 1.1. Background 1.2. Main outcomes 2. RESULTS OF THE CONSULTATION: FEEDBACK ON THE FRA ANNUAL REPORT 2008 2.1. Feedback on methods and relevance of research topics 2.1.1. Appropriateness and assessment of methods used for data collection and reporting at national level 2.1.2. Relevance of issues covered for civil society concerns 2.1.3. Relevance of content and structure of opinions for civil society concerns 2.2. Technical aspects of the report 2.2.1. Size, content and structure of the report 2.2.2. The website presentation of the report 2.3. Suggestions for the follow up on the annual report 2.3.1. How well does the report meet your needs in your work? 2.3.2. What topics of the report could be further researched? 2.3.3. How can your organization contribute to the follow up of the opinions of this report? Would you need advice or training from FRA on possible ways of following up? 2.3.4. What cooperation and awareness raising activities would you suggest as a follow up to the report? 2.3.5. Other suggestions 3. FOLLOW UP ANNEX: List of participating organisations 2
1. SUMMARY 1.1. Background The role of civil society in promoting and protecting human rights (fundamental rights) is recognized as an important component of democratic and open societies, founded on the respect and protection of human rights and fundamental freedoms. Civil society continues to be active in the fields of anti-racism, anti-discrimination, human rights awareness raising, the monitoring and scrutiny of state action and a host of issues which ensure that European Union democracies remain vigilant and active in the fundamental rights field. European Union Agency for Fundamental Rights (FRA) believes that civil society is a natural partner and stakeholder of an Agency tasked to collect data and information, undertake research, draw together expertise and experience from the grass roots to the European level, promote dialogue and raise awareness. The Council Regulation establishing FRA recognizes the particular importance to the Agency of engaging with civil society in order to fulfil its main objective of providing assistance and expertise relating to fundamental rights. The Agency has established a Fundamental Rights Platform in order to cooperate more closely with civil society stakeholders. One of the main tasks of the Platform is to give feedback and suggest follow-up to the Management Board on the Agency s Annual Report on fundamental rights issues covered by its areas of activity, also highlighting examples of good practice. FRA therefore conducted a public consultation in July-August 2008 in order to collect feedback and suggestions on the follow up of the Annual Report 2008. The information in the Agency s Annual Report 2008 was produced using FRA s legal basis prior to the adoption of the Agency s Multi-annual Framework. It therefore consists of data and analysis on developments in the thematic areas of the fight against racism, xenophobia and related intolerance in the EU in the year 2007. The report focuses on legal developments and institutional initiatives against racism and discrimination in the European Union and on the application in practice of the Racial Equality Directive. It also covers developments in the area of racist violence and crime in the EU Member States, as well as racism and discrimination issues in four areas of social life: employment, housing, education and health care. Finally, it looks in a more general way at developments at EU level relevant to combating racism, xenophobia and discrimination. FRA received in total 24 contributions to the consultation. This report is a compilation of main suggestions, but all the individual contributions are available on FRA s website. 3
1.2. Main outcomes Most of the respondents find the FRA Annual Report reliable, informative and useful for their own work, in particular in areas, such as capacity-building and advocacy. Research topics are considered relevant and timely, and the importance of data collection is widely acknowledged not only in the area of the annual report 2008 which covers racism, xenophobia and related intolerance, but in the field of fundamental rights in general. With regard to the methods several respondents emphasized the use of a variety of sources of information and data as a key factor in producing reliable results. However, a number of suggestions were received for further developing of the report concerning methodology, technical aspects and presentation of the report, as well as issues concerning the relevance of the content for civil society, follow up of the outcomes and possible forms of cooperation in aiming to strengthen the impact of the annual report. On a more general level an emphasis was put on the importance of an on-going effort to monitor the extent to which EU institutions and member states take into account FRA s opinions and findings of the reports, as well as raising awareness among public on fundamental rights. 2. RESULTS OF THE CONSULTATION: FEEDBACK ON THE FRA ANNUAL REPORT 2008 2.1. Feedback on methods and relevance of research topics 2.1.1. Appropriateness and assessment of methods used for data collection and reporting at national level Most of the respondents think that the methods used for data collection and reporting at the national level are appropriate. To have a decentralised data collection at national level appears as a very good approach, and the fact that different stakeholders cooperate within a member state contributes towards a guarantee to get reliable data. However, some respondents hope to see a more detailed description of the data sources and the applied methodologies as an annex to the annual report. In some replies it was pointed out that while the FRA report clearly acknowledges the shortcomings of the present data collection processes in throughout the EU, the report nevertheless relies on a compilation of various national data to present the overall picture for each thematic area. Therefore it is important that the report clarifies the methods used for its data collections in order to avoid any misunderstandings and to strengthen the reliability of the report. Suggestions were made to improve the methodology as follows: 4
To use different national level information sources, such as academic commentators, empirical studies from universities and academic papers and publicly accessible data collections of the national case law of relevant courts to a greater extent The use of discrimination testing should be used as a regular tool and to be extended to cover all the areas of discrimination. To ensure that the voice of the most vulnerable groups is heard when collecting data on issues relevant to their rights. In order to study human rights concerns affecting people with mental health problems the Agency may have to revise the methods of data collection. To have a critical approach towards using media as a source of information. To cooperate with other European level organisations and networks in data collection, such as the network of national equality bodies (EQUINET). To pay special attention to ensure a good balance between analytical texts and illustrative examples in order to minimize the risk of putting too much emphasis on isolated cases and undermining the structural problem of discrimination. To make a better use of the European level data sources, such as EUROSTAT and SILC (Statistics on Income and Living Conditions) To ensure that the national focal points for information collection consult to a maximum extent national civil society organizations working in the specific area of study in question. To ensure that a better balance is reached in its reporting between statistical and empirical data collection and the data resulting from the contribution of civil society experimental research. 2.1.2. Relevance of issues covered for civil society concerns The question of the relevance of issues covered by the FRA Annual Report 2008 resulted with a number of recommendations concerning fundamental rights issues for the Agency to take up in the future, although this annual report covers only the area of racism and xenophobia and related intolerances which was the mandate of FRA s predecessor the EUMC. Since the suggestions are valuable for FRA s planning of the future work the suggestions listed below also include selected issues related to various areas of fundamental rights. To evaluate the situation concerning the legal consequences of racist speech. To collect good practices on how to address hate speech. To study racism in the context of the war on terror. To study racism in the context of return of illegal migrants, including racism in detention centres. To conduct an analysis of the existing standards and protections with regard to migrants rights in member states using the UN Convention on migrants rights as a benchmark. To focus on structural discrimination in all areas of discrimination. 5
To include in the report recent judgments of the European Court of Justice and the European Court of Human Rights in the thematic areas covered by the report. To include issues concerning human rights aspects of mental health. To include issues of national and linguistic minorities in the reports. To focus on various forms of religious discrimination. To keep following media s role in various aspects related to discrimination. To carry out research initiatives amongst the EU member states about governmental programs of involving children into decision making processes on national levels. To map out the situation of the asylum process in Member States, especially the aspect of access to justice. It was mentioned that a more focused assessment taking into account the EU framework would be helpful to assist civil society in identifying relevant issues and entry points for human rights advocacy work at EU level. It would be useful to have in the report an analysis of possible gaps in legislations and policies in protection against discrimination. Generally, the structure and methodology of the report should be constructed in such a way as to stimulate ideas on how to address the existing gaps of the existing EU human rights framework. 2.1.3. Relevance of content and structure of opinions for civil society concerns It was acknowledged that the report covers a variety of topics within the area of racism and xenophobia which are all very relevant. However, some mentioned that gathering all the possible information can not substitute the need for analytical and solution-oriented conclusions. It was said that what is needed in addition is an overall human rights perspective with clear connections to the relevant EU framework for each thematic area. Some respondents noted that the level of analysis varied depending on the topic and that the connections between the various topics were not always clear. Several respondents emphasized that it will be important for FRA to ensure that in future the work that has been undertaken to date in highlighting important rights issues in the thematic area of racism and xenophobia will be maintained and further developed. Within the broader framework of social and economic rights of all, a specific focus on ethnic and religious minorities should be maintained. The following suggestions were made: To continue collecting data on a regular basis on experiences and a level of enjoyment of rights of ethnic and religious minorities affected by racism, xenophobia and related intolerance. To conduct an analysis of the rights that are engaged by each of these key policy areas with a link made to the European Charter of Fundamental Rights. To strengthen the links of opinions to the development of European policies in a more specific way. To use the Fundamental Rights Platform for empowering of disadvantaged groups and their participation in developing and implementing policies 6
The opinions should be more detailed and more targeted, e.g. targeting the decision-making and policy developers whose decisions affect the most vulnerable groups, such as Roma. To include specific formulations in opinions taking into account gender sensitive aspects. To formulate the opinions in such a way that they support member states, e.g. in the area of rights of the child to formulate comprehensive evidence based policies for children and youth. The relevance of the report would be greater if it contained more references to particular key judgments of national or European courts in the respective fields of racism and discrimination, in relation to the concrete provisions of Community secondary or primary law. With regard to the work of judges, although conclusions and opinions are not directly useful of relevant for judges, they might have a certain impact on judicial interpretations of certain provisions from secondary Community law in order to secure the effective implementation of Community law. In general the respondents were of an opinion that the FRA Annual Report offers an interesting and useful tool for various organizations of civil society. However, there were several opinions hoping that it would be more focused on the application of legislative provisions on national level as well as referring to the EU legal and policy framework. In addition, it was recommended to have more consistency between the details and concrete suggestions of opinions concerning different topics. In this context the importance of the follow up of the opinions on national and EU level was stressed. 2.2. Technical aspects of the report 2.2.1. Size, content and structure of the report In general the content, size and the structure of the report is considered to be good in terms of its accessibility, structure and coherence. Specific positive remark is given to the executive summary. Many respondents expect the structure to change from 2009 onwards reflecting the extended mandate of the Agency. Some of the suggestions to improve the structure and content are: To restructure the report in order to avoid repetition and to adopt a more analytical approach. To use more graphics in presenting statistical information, in particular with regard to country specific information. To include in the executive summary a section which would analyse trends compared to previous years and put forward one or two major recommendations. To have different summaries targeted to different target groups in order to ensure the relevance among wider public audience. To produce shorter briefing papers on specific sections of the report, such as education, migration, or discrimination against the Roma. 7
2.2.3. The website presentation of the report In anticipation of much wider reports in the future in terms of topics to be covered, some suggest the annual report to be downloadable in separate sections. Generally the website presentation of the report is considered satisfactory and easily accessible. However, any actions needed in relation to the accessibility requirements of disabled will have to be addressed without delays. With regard to possibilities of having interactive features linked to the annual report there are different opinions. Some think that the interactive modalities might endanger the current easy accessibility, whereas some think quite opposite, that it could increase the range of use of the report, e.g. if designed in a childfriendly way the report could increase its relevance among children and youth. It is suggested that for the education purposes there would be specific tools available on the website, such as power point presentations, fact sheets, questions and answers, etc. Also, some would find it useful to have interactive features available. 2.3. Suggestions for the follow up on the annual report 2.3.1. How well does the report meet your needs in your work? Several respondents say that they use the FRA annual report in their work. However, since needs vary among civil society organizations there are somewhat different opinions on how the report could be improved or developed. It is mentioned, e.g. that the report is helpful in preparing training for judges and prosecutors on discrimination in private law situations. The annual report is also a good tool to keep up to date on the problems and shortcomings with regard to application of anti-discrimination legislation by national authorities. It is mentioned that the FRA annual report meets the needs of judges in the sense of awareness-raising and as informal background material being an additional tool for the interpretation of particular provisions of the Community secondary law on nondiscrimination principles. On the other hand, with regard to needs in education activities some organizations would like to see more graphics, tables, maps, etc. in the presentation. In general, more consideration to be given on needs related to capacity building activities seems to be necessary. Also, more good practice examples as concrete guidance are hoped to be seen in the future reports. Some suggest that the section on EU policies and legislation should be developed towards a more analytical and critical presentation of the subject. In this context some reflections on the links to wider fundamental rights and human rights issues would be welcome. 8
2.3.2. What topics of the report could be further researched? Some respondents would like FRA to undertake a study on the possibilities and structures of national public institutions to address and take forward issues of discrimination. In particular a reference is made to national equality bodies, since the report shows a great difference between member states equality bodies as far as their competencies are concerned. There is a need to have statistics available concerning complaints made under the antidiscrimination legislation, that is, the number of complaints, the number of settled cases and judicial actions. In addition, it is suggested that further research would be done on important national case law and judgments of the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) on the issues covered by EU nondiscrimination legislation, protection of personal data and respect of private life. More generally, it is suggested that FRA would study social inclusion policies and their implications on ethnic minorities and migrants: further data on migrants in the areas of education, employment, health, housing, access to goods and services, representation in and by media. In addition, multiple discrimination and its manifestations should be studied by FRA, as well as the impact of poverty in de facto exercise of fundamental rights. In general, it is hoped that concrete cases of discrimination would be documented. 2.3.3. How can your organization contribute to the follow up of the opinions of this report? Would you need advice or training from FRA on possible ways of following up? Many organisations say that they use the opinions in their own work including advocacy and lobbying work both in national and European level. This also includes disseminating the report within their own networks and constituencies. Some organisations are willing to send materials, studies, findings of their own work to support FRA s follow-up work of the report in the hope that it would strengthen FRA s work in ensuring the institutional follow-up of the opinions and findings at EU and national level. This includes also drawing FRA s attention to the relevant judgments of national courts concerning the respective fields of Community law. Some would like to cooperate with FRA in training and education activities. For some the objectives would be to enhance their own work and staff capacity, whereas some organizations would like to participate as contributors to joint education activities. There is also a suggestion that FRA would make more visits to national, local and grass roots organisations as part of its follow up activities. 9
2.3.4. What cooperation and awareness raising activities would you suggest as a follow up to the report? The launch of the annual report is seen as a key opportunity to raise awareness of issues highlighted in the report. It is suggested that FRA would engage relevant civil society stakeholders in the launch in order to maximize the impact and visibility (e.g. by posting the report on the website of relevant stakeholders). One way of doing this could be through the Fundamental Rights Platform network. Some suggestions are given related to thematic areas, such as to cooperate in awareness raising with organisations working for the rights of LGBT persons, or Roma inclusion, in order to sensitize public in these issues. In the area of education and capacity-building one proposal is to cooperate in identifying areas of law that would need improvement in application by authorities and courts of the member states and structure joint training activities accordingly. In general, it is stated that there is a need to raise awareness among EU citizens about fundamental rights and EU institutions competence and responsibilities in the area. This could be done, e.g. by organizing public and media events with the cooperation of civil society stakeholders, and by using FRA s existing information collection networks RAXEN and FRALEX. 3. FOLLOW UP The outcome of this consultation will be fed into the discussions and decisions on the FRA s future designing of the annual reports, as well as more generally in the planning of the Agency s work in 2009 and 2010. The number of valuable concrete suggestions will feed into to the developing of the Agency s operational work in different areas, such as research and analysis, communication and networking and educational work. 10
ANNEX: List of participating organizations: Association of European Administrative Judges Amnesty International ATD Quart Monde Conference of European Churches Child Focus Child Helpline International Commission of the Bishops Conferences of the European Community (COMECE) Evangelische Kirche in Deutschland European Network Against Racism (ENAR) ENAR Denmark ERA - Academy of European Law Eurochild Euro-Mediterranean Human Rights Network FOCUS -Romanian Center for Missing and Sexually Exploited Children Institut Culturel de Bretagne International Humanist and Ethical Union, jointly with the (UK) National Secular Society Inter-LGBT Mental Health Europe Missing Children Europe Missing People Open Society Institute Our Child Foundation Project on Ethnic Relations Regional Centre for Central, Eastern and Southeastern Europe Save the Children Romania 11