Fundamental Rights Agency APRIL 2008
Table of Content SECTION 1: INTRODUCTION... 3 SECTION 2: OBJECTIVES AND OPERATIONAL PRIORITIES... 5 2.1. OBJECTIVES... 5 2.2. OPERATIONAL PRIORITIES... 5 2.3. OUTPUT OVERVIEW... 7 SECTION 3: ACTIVITIES OF THE AGENCY... 8 3.1. INTRODUCTION... 8 3.2. DATA COLLECTION... 9 3.3. RESEARCH AND ANALYSIS DEVELOPMENT OF DATA COMPARABILITY. 16 3.4. FORMULATION OF CONCLUSIONS AND OPINIONS... 24 3.5. INFORMING POLICY DEVELOPMENTS... 26 3.6. COOPERATION ACTIVITIES: FUNDAMENTAL RIGHTS PLATFORM, NETWORKS, ROUND TABLES AND MEETINGS... 29 3.7. PUBLICATIONS... 32 3.8. INFORMATION, COMMUNICATION AND RAISING AWARENESS... 34 3.9. DOCUMENTATION RESOURCES... 37 TRANSLATION AND INTERPRETATION... 40 3.10. BODIES OF THE AGENCY... 41 SECTION 4: SUMMARY OF RESOURCES BY ACTIVITY... 43 2
Section 1: Introduction ANNUAL WORK PROGRAMME 2008 The objective of the Fundamental Rights Agency of the European Union is to provide the EU and its Member States with assistance and expertise relating to fundamental rights, when implementing Community law. In order to accomplish this objective the Agency carries out a series of tasks in accordance to its founding Regulation. The Agency collects data, conducts research, develops awareness raising and education programmes, and communicates its findings to provide independent, relevant and timely information for users of its knowledge in the right form and quality to improve the respect and promotion of fundamental rights across the European Union, in the best spirit of its independent nature. The Annual Work Programme 2008 represents the proposal of the Fundamental Rights Agency (FRA) for its work in 2008. The Annual Work Programme refers to both projects continuing from the previous year(s) and projects that will continue into the next financial year(s). Furthermore, the Annual Work Programme also contains reference to projects without specific output during that year, since the output is planned to be delivered in the following year. Similarly, the Output section may contain deliverables that concern projects implemented during the previous year. The Agency will coordinate the activities set out in this Work Programme with those of the Council of Europe, in accordance to Article 9 of its Regulation. In designing, developing and implementing its research and communication activities the Agency takes into account the past and ongoing standard-setting work of the Council of Europe and the outcome of its monitoring, as well as its relevant research and communication work. Multiannual Perspective The Agency develops its activities within the thematic areas determined by its Multiannual Framework according to Council Regulation 168/2007 of 15 February 2007. Under Article 4(1)(c) and (d) of the Regulation the Agency is also expected to respond to requests from the European Parliament, the Council or the Commission outside these thematic areas provided the Agency s financial and human resources so permit. In 2008 the Agency will formulate its activities according to European Union priorities and to those which require preliminary work or are linked to specific events over a particular timeframe. The Agency will also support the European Year of Intercultural Dialogue. Following the adoption of the Multiannual Framework, the Agency s areas of activity will be extended beyond racism, xenophobia and related intolerance, which will remain an important part of its activities. In addition the Agency will further develop its data collection and research on homophobia and discrimination on grounds of sexual orientation in order to prepare the comprehensive report requested by the European Parliament. Finally, the Agency will collect further data and carry out research on the situation regarding the rights of the child, on the basis of a request by the European Commission. The Charter of Fundamental Rights and the Anti-Discrimination Directives 3
The work of the Agency is guided by its Multiannual Framework in the context of the provisions of the Charter of Fundamental Rights and the Anti-Discrimination Directives, which act as reference points for the development of the Agency s activities. In addition, undertaking work within the framework of fundamental rights and non-discrimination provides the opportunity for the Agency to examine multiple discrimination and mainstream racism across other grounds of discrimination falling under Community competence. Mandate This Annual Work Programme sets out the planned activities of the Agency for 2008 in accordance with its objective and tasks as defined by its Regulation and its Multiannual Framework taking into account, and in consultation with the European Commission, the EU priorities in relevant areas. These were outlined in the EUMC s paper on cooperation with EU Institutions and Inter-Governmental Organisations approved by its Management Board in 2005. The Agency will coordinate the activities set out in this Annual Work Programme with those of the Council of Europe, in accordance to Article 9 of its Regulation. 4
Section 2: Objectives and Operational Priorities 2.1. OBJECTIVES The objective of the Fundamental Rights Agency according to Article 2 of Council Regulation 168/2007 is to: provide the relevant institutions, bodies, offices and agencies of the Community and its Member States when implementing Community law with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights. 2.2. OPERATIONAL PRIORITIES I DATA COLLECTION AND DOCUMENTATION Data collection activities focus in 2008 on the areas defined by the Agency s Multiannual Framework including racism, xenophobia and related intolerances. Secondary data from both government and non-government sources constitute the background material for comparative analyses, which aim to provide stakeholders with a sound knowledge basis for policy development in the context of European Union priorities and in response to significant events. In addition, data collection activities will also be carried out in response to three specific requests of European institutions. The Agency has developed valuable online documentation resources over the years. In 2008 these resources will be updated and improved. The library stock will also be enriched through new acquisitions with emphasis on covering wider issues of human rights. Details are outlined in Section 0. Finally, the adoption of the Multiannual Framework in 2008 allows the Agency to develop further during the year the necessary data collection and reporting mechanisms that will enable it to report on fundamental rights issues in 2009. The Agency will launch the following projects, as outlined in Section 3.2: Mapping and capacity assessment of national human rights institutions and human rights organisations in the European Union Comparative assessment of data protection measures and relevant institutions Impact of the Race Equality Directive - data collection The situation regarding racism in sport in the European Union and positive initiatives to combat it Legal instruments and judicial data regarding the protection, respect and promotion of the rights of the child in the European Union The situation of Roma and Travellers in the EU data and information collection Roma migration and movement into and within the European Union 5
II RESEARCH AND ANALYSIS The Agency s research activities aim to provide the Agency s stakeholders with sound analyses of the situation, based on robust and comparable research data to serve as basis for policy development. The priority for research and analysis is the Agency s Annual Report. In 2008 the Agency will prepare its Annual Report to be published in June based on secondary data collected during 2007. The content structure of the 2008 Annual Report focuses on racism, xenophobia and related intolerances, as approved by the Management Board in 2007, in anticipation of the adoption of the Multiannual Framework in early 2008. In 2008 the Agency will update the report on Migrants, minorities and employment: Documenting exclusion, discrimination and anti-discrimination in the 15 Member States of the European Union (published 2003). Details are outlined in Section 3.3. The Agency will continue the following research projects of Work Programme 2007, as outlined in Section 3.3: Discrimination and Victimisation in Member States of the European Union: Experiences and Attitudes of Immigrants and Other Minorities Pilot Media Project Analysis of media content Racism and social marginalisation: potential pathways to violent radicalisation Combating ethnic profiling practices: good practice guide Comparative report on the situation concerning homophobia and discrimination on grounds of sexual orientation in the European Union Study on indicators measuring the implementation, protection, respect and promotion of the rights of the child in the European Union, mapping and assessment of available relevant data resources The Agency will launch the following research projects, as outlined in Section 3.3: Comparative report on the situation regarding the protection, respect and promotion of the rights of the child in the European Union Fundamental Rights education in the European Union Impact of the Race Equality Directive - interviews and comparative analysis Comparative report on the situation of Roma and Travellers in the EU In advance of major projects the Agency carries out feasibility studies in order to plan the implementation of projects taking into account scientific aspects of the work, as well as procurement, budgetary and other practical aspects. In 2008 the Agency will develop one feasibility study on the situation of undocumented persons concerning the respect of their fundamental rights, one feasibility study on indicators measuring the protection, respect and promotion of the rights of the disabled and one feasibility study on multiple discrimination on the grounds of gender, age and ethnicity. 6
2.3. OUTPUT OVERVIEW ANNUAL WORK PROGRAMME 2008 FRA REPORTS, SURVEYS, PAPERS, OTHER (INTERNAL DOCUMENTS AND PUBLICATIONS) FRA Annual Situation and Activities Report 2008; Report(s) and papers related to the data collection and research activities and projects; Feasibility studies (presented to the Management Board for adoption as Work Programme research projects - internal documents) Papers, reports and documents related to meetings and events; Public information and communication products; Memoranda of Understanding with Community bodies, offices and Agencies; Interagency and joint Community Agencies publications. MEETINGS, EVENTS, WORKSHOPS, SEMINARS, WORK GROUPS Meetings of experts to facilitate the development of research and data collection methodologies, the improvement of data comparability, working definitions and indicators; Management Board and Executive Board meetings; Scientific Committee meetings; National Liaison Officers meetings; Fundamental Rights Platform meetings; IGO inter-agency meeting and Inter-Community Agency meetings; Meetings with Equality bodies and National Human Rights Institutions; Expert ad hoc working group meetings contributing to policy areas; Meeting regarding Muslim Communities in the EU; Consultative Meeting on Roma Issues; European Round Table Conference; Facilitation of National Round Tables; Meetings with journalists and media practitioners; Meetings and activities with Community bodies, offices and agencies; Fundamental rights conference linked to the 60 th anniversary of UDHR; Event related to Euro 2008; Event related to the European Year of Intercultural Dialogue; Event linked to the 70 th anniversary of the November 1938 Pogroms; Launch of selected publications. 7
Section 3: Activities of the Agency 3.1. INTRODUCTION In order to achieve its objectives the Agency carries out a number of specific activities. Each activity has specific aim(s), is evaluated on the basis of relevant indicator(s) and is expected to conform to four basic principles, namely to: correspond to EU priorities and the needs of the Agency s stakeholders; be implemented effectively, efficiently and economically; be delivered on time and within budget; meet the quality standards of the Agency. 8
3.2. DATA COLLECTION 3.2.1. Description ANNUAL WORK PROGRAMME 2008 According to Article 4.1.a of the Regulation the Agency shall: collect, record, analyse and disseminate relevant, objective, reliable and comparable information and data, including results from research and monitoring communicated to it by Member States, Union institutions as well as bodies, offices and agencies of the Community and the Union, research centres, national bodies, non-governmental organisations, third countries and international organisations and in particular by the competent bodies of the Council of Europe. Since 2000 the Agency operates a group of national focal points ( RAXEN ) collecting data and information on issues of racism, xenophobia and related intolerances in all EU Member States. NFPs are organisations selected through an open call for tender and contracted to provide through different reporting tools background material on phenomena of racism, xenophobia and related intolerance, as well as policies and initiatives promoting equality and diversity. In 2007 the Agency also selected through an open call for tender and contracted a group of legal experts ( FRALEX ) to provide through a variety of reporting tools judicial and legal data and information on issues of fundamental rights in all EU Member States. This material together with other reliable, objective and, as far as possible, comparable data and information collected by the Agency through its own field research will be used for comparative analyses, and will be featured on its online documentation resources. The most significant information will also feed into the Agency s information Bulletin. The projects below, proposed by Management Board members, contribute to the build-up of an extended knowledge base concerning fundamental rights issues for the new Agency, e.g. the project on mapping human rights organisations and on legal aid provisions for victims of discrimination. Other projects build on existing work to provide a more comprehensive understanding of the situation, e.g. the project examining legal instruments and judicial data in reference to the rights of the child. In addition, other projects aim at initiating data collection on key areas of EU concern regarding fundamental rights, as highlighted by Members of the Management Board, e.g. the project on personal data protection measures. Furthermore, other projects are implemented at the request of the European Commission to provide evidence that can support the development of Commission policy, e.g. the project on racism in sport. Finally, the project collecting data on the impact of the Racial Equality Directive will allow the Agency to fulfil its legal obligation to contribute to the European Commission s report o the application of the Directive. The following projects are scheduled to be carried out in 2008: Mapping and capacity assessment of national human rights institutions and other human rights organisations in the European Union The project is composed of two parts: The first part aims to map and assess the capacity of the national human rights institutions in terms of their remit, resources, and powers (or their equivalent, in case a Member State has no such institution, e.g. Ombudsman, etc). The output of the first part will be a comparative report covering 9
the EU Member States, and the data will also be presented on the Agency s online database. The second part aims to map other significant human rights organisations active in the areas of the Agency s Multiannual Framework on the basis of specific criteria across the European Union. The output of the second part will be an online regularly updated compendium of organisations with information on their reporting structures and key regular annual deliverables, their resources and funding sources, legal form, competences, contact details, etc. The project will take into account the work carried out by the Council of Europe and particularly the activities of the Commissioner of Human Rights following the 10th Round Table with National Ombudsmen, held on 12-13 April 2007 in Athens with the special participation of National Human Rights Institutions (NHRIs), which proposed specific co-operation activities. Comparative assessment of data protection measures and relevant institutions The Agency will study the impact of data protection measures, the relevant legislative instruments and the work of the institutions active in this area, based on judicial statistical data and case law. Because of the broad thematic scope, the Agency will ensure that its work does not duplicate that of other actors in the field, such as the national data protection authorities, the European Commission, Art 29 Committee and the European Data Protection Supervisor (EDPS), and will liaise with them as appropriate to ensure that such is the case. The project will take into account the work done by the Council of Europe. Specifically the project will take into account the 1985 Convention for the protection of individuals with regard to automatic processing of personal data and its Consultative committee. Impact of the Race Equality Directive In 2008 the Agency will launch a major data collection project to investigate fully the Impact of the Racial Equality Directive and highlight significant 'good practice' in the transposition measures adopted by the Member States. This project will allow the Agency to fulfil its task, according to Article 17 of the Racial Equality Directive, which is to contribute to the European Commission s report to the European Parliament and the Council on the application of the Directive in the Member States. The project will also take into account the monitoring and research work carried out by ECRI and in particular its country reports. The project is composed of four work packages: (a) Collection of data, information and statistics to examine the impact of antidiscrimination practices; This work package is implemented through regular RAXEN reports. (b) Collection of complaints statistics from courts, tribunals, and special bodies related to racial or ethnic discrimination; This work package is implemented through a FRALEX thematic study. (c) Investigation of the awareness of the existence of victim support provisions on the basis of statistical evidence produced by the project Discrimination and Victimisation in EU Member States: Experiences and Attitudes of Immigrants and Other Minorities ; This work package will be implemented using in house resources to analyse the statistical evidence. 10
(d) Collection and analysis of the views of major social partner organisations in the Member States on the impact of the Directive in the area of employment through interviews. This work package will be implemented through fieldwork research, please see Section 3. 3. The final report for this project is expected to be presented to the European Commission, and published, in 2009. The situation regarding racism in sport in the European Union and positive initiatives to combat it. The project aims to collect the available data and information concerning the phenomenon of racism in and around sport events and activities, as well as good practices combating it across the European Union. The material collected will be analysed comparatively with a view to develop a comprehensive report, relevant educational and awareness raising material and dissemination activities (e.g. conference). In order to avoid duplication and ensure added value the project will engage actively with selected key stakeholders at EU and national level and especially with the Council of Europe. In particular the project will take into account the Council of Europe Recommendation Rec(2001)6 of the Committee of Ministers to member states On the prevention of racism, xenophobia and racial intolerance in sport and the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches CETS No.120. Legal instruments and judicial data regarding the protection, respect and promotion of the rights of the child in the European Union Building on the 2007-2008 project developing indicators for the implementation, protection, respect and promotion of the rights of the child in the European Union the Agency will launch a project to examine comparatively the relevant legal instruments at EU and national level and relevant judicial data and case law with the aim to gradually develop a comprehensive body of evidence at national level that will allow a robust comparative analysis of the situation across the European Union. In order to ensure that the results of this project contribute timely to ongoing work in this area launched by the European Commission, the report on the legal instruments and judicial data will be published before the end of 2008 to be accompanied by a comparative report containing social statistics and data. For details, please see Section 3.3.1. The project will take into account the exceptionally broad standard-setting, monitoring and research work of the Council of Europe and in particular the European Convention on human rights, the European Social Charter, the 1996 European Convention on the Exercise of Children's Rights, the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, the Convention on Action against Trafficking in Human Beings, the Convention on Contact concerning Children and the European Convention on the Adoption of Children (revised). The situation of Roma and Travellers in the EU data and information collection The situation of Roma and Travellers across the European Union raises serious concerns among EU policy makers. The Agency will collect the necessary data and information in order to develop a comprehensive comparative report. The specific 11
subject area will be determined by the EU policy orientation that will result from currently ongoing processes, namely the Commission Report to the European Council in June 2008 and the ensuing conference. The Agency works very closely with the Council of Europe regarding Roma issues. In the past the Agency produced together with the Council of Europe a report on Romani women s health and developed in close cooperation its study on Roma and Traveller education. The CoE and other stakeholders, in particular the European Commission, and Roma organisations will be consulted before launching this study. Furthermore, the project will take into account the relevant standards and work of the Council of Europe on Roma and Travellers (i.e. the experience of the E.U./CoE awareness DOSTAL campaign against prejudices towards the Roma). Roma migration and movement into and within the European Union This is a joint project with the OSCE High Commissioner on National Minorities, the OSCE Office for Democratic Institutions and Human Rights and the Council of Europe Commissioner for Human Rights. The project will examine the recent movements of Roma populations into and within the European Union. The Agency will contribute to the project through thematic studies by RAXEN NFPs of selected countries, where such movements are noted, which will collect and analyse the necessary data and information focusing particularly on the social situation of Roma groups. RAXEN studies will also analyse how authorities have been able to deal with the issues arising from the arrival of Roma groups, for example integration measures and other positive initiatives by public authorities and civil society, in particular specific actions ensuring the effective respect of fundamental rights and integration of Roma. The Agency will coordinate its data collection activities with those of the Council of Europe, in accordance to Article 9 of its Regulation. 3.2.2. Aim: The aim of this activity is to collect the necessary background material (publicly available government and non government data and information) for comparative analysis. 3.2.3. Tasks in 2008: Administration and coordination of the RAXEN and other data collection initiatives; Collection of data and information through RAXEN; Assessment, verification and editing of RAXEN deliverables; Administration and coordination of the legal experts group (FRALEX); Collection of data and information through the legal experts group (FRALEX); Assessment, verification and editing of FRALEX deliverables; Review and update of guidelines for data collection deliverables; Data input for the online documentation resources. 3.2.4. Indicators: 12
Effective project management and monitoring of contracts; Quality of background material assessment and analysis; Quality and policy relevance of output; Invitations for contribution of expert advice and support to stakeholders. 3.2.5. Output (national level studies/reports are internal documents) 27 (national) RAXEN thematic studies on racism in sport; 27 (national) RAXEN thematic studies on the situation of Roma and Travellers in the EU 27 (national) RAXEN Complementary Data Collection for the Annual Report 2009; (National) RAXEN thematic studies on Roma migration, as required; 81 RAXEN national level Bulletins (evaluation, verification and editing); 81 FRALEX national level plus 3 EU level Bulletins on fundamental rights issues; 28 FRALEX thematic studies and comparative analysis on the impact of the Racial Equality Directive (evaluation, verification and editing); 28 FRALEX thematic studies and comparative analysis mapping and capacity assessment of human rights institutions; 28 FRALEX thematic studies and comparative analysis on data protection measures and relevant institutions; 28 FRALEX thematic studies and comparative analysis on the rights of the child; Other reports by RAXEN or FRALEX, as required by stakeholders or significant events, provided human and financial resources permit;; RAXEN and FRALEX meeting(s); Updated guidelines for deliverables; Updated documentation resources. 3.2.6. Outcome: Comparative evidence to support the development of EU policies; Improved knowledge and understanding of the situation regarding fundamental rights issues across the European Union; Evidence based opinions and conclusions for EU institutions and Member States. 3.2.7. Financial and Human resources Financial resources: Operational tasks Budget 3 Bulletins 150,000 RAXEN Data collection and reports Thematic studies (Racism in sport) 500,000 13
Thematic studies (Roma) 500,000 Thematic studies (Roma migration) Complementary Data Collection (input for Annual Report) 250,000 250,000 3 Bulletins 81,000 FRALEX Data collection and reports Thematic study and comparative analysis (Racial Equal. Direct.) Thematic study and comparative analysis (Mapping HR Org.) Thematic study and comparative analysis (Data Protection) 200,000 200,000 200,000 Thematic Study and comparative analysis (Rights of Child) 200,000 Review service (RAXEN FRALEX) 95,000 Expert meetings 150,000 Total 2,776,000 Human resources: AD AST CA Total Statutory Staff 4.0 2.0 1.0 7.0 Total 4.0 2.0 1.0 7.0 Staff (Sector Data Collection & Documentation) AD 1 AST1 AD 2 AST2 AD 3 AD 4 Head of Unit Research and Data Collection Post description Assistant to Head of Unit (administrative support and secretarial duties) Head of Sector Data Collection (responsible for supervising data collection, guidelines, quality control, assessment, revision and editing of deliverables; documentation and library resources) Data Collection assistant (administrative support, contract monitoring and quality control of RAXEN deliverables) Programme Manager (data collection coordinator social scientist, responsible for developing guidelines, quality control, revision, assessment and editing of RAXEN deliverables) Programme Manager (data collection coordinator legal scientist, responsible for developing guidelines, quality control, revision, assessment and editing of FRALEX deliverables) 14
CA 1 Data Collection assistant (administrative support, contract monitoring and quality control of FRALEX deliverables) 15
3.3. RESEARCH AND ANALYSIS DEVELOPMENT OF DATA COMPARABILITY 3.3.1. Description According to Article 4.1.b and c of the Regulation the Agency shall: "Develop methods and standards to improve the comparability, objectivity and reliability of data at European level, in cooperation with the Commission and the Member States; "Carry out, cooperate with or encourage scientific research and surveys, preparatory studies and feasibility studies, including, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission." On the basis of secondary data and information provided by its contractors and its own fieldwork research the Agency will develop in 2008 comparative analyses. The most important product in this respect is the Agency s Annual Report which examines the situation regarding racism, xenophobia and related intolerances, as well as good practice combating these phenomena in the EU Member States. The Annual Report will be compiled according to the time schedule and content structure approved by the Management Board. The Agency published between 2003 and 2005 a series of comparative thematic reports based on data collected by RAXEN covering the themes of legislation, education, employment, housing and racist violence and crime. The Agency will update in 2008 the report on Migrants, minorities and employment: Documenting exclusion, discrimination and antidiscrimination in the Member States of the European Union. The research projects scheduled to begin in 2008, which have been proposed by stakeholders, e.g. Management Board members, National Liaison Officers, and European Institutions address key issues and contribute to the build-up of an extended knowledge base concerning fundamental rights for the new Agency. Other projects build on existing work to provide a more comprehensive understanding of the situation, e.g. the project examining statistical and other data in reference to the rights of the child. Finally, the project collecting data on the impact of the Racial Equality Directive will allow the Agency to fulfil its legal obligation to contribute to the European Commission s report o the application of the Directive. The following projects ongoing since 2007 are scheduled to be completed by the end of 2008: Discrimination and Victimisation in EU Member States: Experiences and Attitudes of Immigrants and Other Minorities This project was developed to address the lack of reliable and comparable criminal justice data on racist crime in the EU, which is due to the different, and in many cases non-existent, data collection systems in the EU Member States. Based on a 2005 feasibility study the Agency after consultation with experts carried out during 2006 a pilot project in order to develop cost effective tools and appropriate scientific methodologies for the collection of comparable quantitative data on experiences of racist discrimination, racist and general crime and other issues. Following up on this pilot project, the Agency launched in 2007 and continues in 2008 a full scale survey 16
on discrimination and victimisation across the EU examining the experiences and attitudes of immigrants and other minorities. Victim surveys are a well established research instrument in a number of Member States; with, in 2005, the first European Crime Survey being conducted in the old EU15 and three new Member States. The European Crime Survey, using the same questionnaire in each country, offers an overview of people s responses in the different Member States surveyed, and provides for the identification of patterns in responses according to respondents characteristics, such as gender and age. Yet, as with the mainstay of victim surveys in the EU, important and particularly vulnerable groups namely, ethnic minorities, foreigners and/or immigrants are not captured in sufficient numbers by the survey s sampling frame. The FRA project is designed to capture the vulnerable communities experiences of criminal victimisation, including any incidents that are racially, ethnically or religiously motivated. Objectivity, reliability and comparability are the three key features of the Survey, which follows the methodology developed by the International Crime Victims Survey (ICVS) in 1989 by the United Nations. A main aim of the survey is to try and ensure, where possible, that its results can be compared with the results of existing surveys conducted on majority (non-minority) populations. Although the results from the FRA survey will allow for comparisons of findings between different minority groups in different Member States, it is also useful to have a comparison with the majority population in Member States so that minorities' responses don't stand in isolation. By doing this we will be able to see where there are striking similarities or differences in Member States between majority and minority population responses, and so can highlight where policy responses need to be focused in particular Member States. The most extensive source for majority population responses is the European Crime and Safety Survey. The FRA survey contains a number of matched questions from this survey so that the results can be directly compared. Furthermore, we also use some questions from Eurobarometer surveys and the European Social Survey, which are asked of majority populations on discrimination issues. Within the scope of the survey we conduct a 'mini questionnaire' on randomly selected members of the majority population who are neighbours of the survey's minority respondents. This will only be on a very small sample of respondents and will focus specifically on their experiences of law enforcement controls so that we are able to see if there are striking differences between majority and minority respondents concerning such experiences. Currently there is no EU-wide data on law enforcement controls, so this information is important as it will provide matched results concerning how often majority and minority respondents are being controlled, and, importantly in the context of discriminatory treatment, how they are treated when they are controlled. The data will also feed into the forthcoming 'Handbook on Ethnic Profiling: Discrimination and Good Practices'. The survey will be completed by the end of 2008 covering the following issues: (a) Rights awareness: Awareness of anti-discrimination legislation, focusing on the Racial Directive, and other relevant national legislation particularly regarding employment; Awareness of their fundamental rights; knowledge of their right to vote in elections. (b) Discrimination experiences and incidents: Respondents experiences of discrimination in the last five years because of their age, gender, ethnic/immigrant 17
background, language, or for other reasons, in employment, essential services, e.g. public or private health services, public employment or social insurance services, public education, Consumer services, e.g. banking, recreational facilities, etc. (c) Worry about crime in general, violent crime and harassment. (d) Experience of crime and details of incidents: Instances of being a victim of a crime in the last five years (questions in compliance with the EU Crime Survey). The crimes included are theft of/from a vehicle, burglary, personal theft, assault, harassment, and corruption. (e) Law enforcement experiences: Stop and search by immigration, customs, border control and police; issues of institutional trust. The background questions on the respondents in compliance with the recommendation of the EUROSTAT Task Force on Core Social Variables will include: how long the respondent has lived in the country, citizenship, country of birth, parents country of birth and respondent s immigrant or minority/ethnic background. Pilot Media Project Analysis of media content The pilot media project constitutes another effort to improve data comparability. Based on a 2006 feasibility study and consultation with experts the Agency launched the project in 2007 in order to develop innovative, cost-effective methods to analyse media content. The pilot will analyse how migrants and minorities are represented in a sample of print media in selected Member States and examine how issues of diversity are treated. This project will also develop relevant training material for journalists. The project will take into account the standard-setting instruments of the Council of Europe and its "Campaign on Racism and Discrimination". Racism and social marginalisation: potential pathways to violent radicalisation This project was launched in 2007 in order to explore through attitude survey research focusing on Muslim youth in selected Member States the relationship between racist discrimination and abuse, social marginalisation, and the development of attitudes towards violent radicalisation in an effort to identify pathways to Muslim youth violent radicalisation. This project is implemented in close cooperation with the European Commission with a view to complement its own qualitative, interview based, study on violent radicalisation. It sets out to address some of the current gaps with respect to the interrelated themes of youth experiences of racism and discrimination; marginalisation, social exclusion and alienation; attitudes supporting the use of violence. The project is ongoing and is expected to be completed in 2008. Combating ethnic profiling practices: good practice guide The Agency s Annual Reports in 2005 and 2006 noted that law enforcement officers, such as policemen, border control and immigration officers have on occasion acted in a discriminatory way towards immigrant and ethnic minority groups. Indeed in some cases, it has been reported that they have also been perpetrators of violent (racist) acts and, reflecting this, the Agency has pointed to some disturbing discriminatory practices with respect to such abuses of power. However, the Agency has also noted significant positive initiatives. In this context this project sets out to examine and 18
highlight positive initiatives, particularly those that involve multi-agency partnerships that serve to combat racism, assist victims, and improve community relations with the relevant public authorities. The project aims also to contribute to the efforts for improved EU level cooperation in the area of immigration, border and customs control. In addition, the project will support efforts to enhance a human rights dimension to law enforcement training initiatives, supporting particularly the efforts of FRONTEX and CEPOL to provide appropriate training for law enforcement officers and with respect to developing democratic safeguards in a multi-ethnic and diverse European society. The project will take into account the standard-setting work of ECRI and in particular ECRI s General Policy Recommendation no.11 on combating racism and racial discrimination in policing. Comparative report on the situation concerning homophobia and discrimination on grounds of sexual orientation in the EU In June 2007 the European Parliament asked the Agency to develop a comprehensive report on the situation concerning homophobia and discrimination on grounds of sexual orientation covering all EU Member States. The aim of this report is to assist the European Parliament when discussing the need for a Directive covering all grounds of discrimination listed in Article 13 of the EC Treaty for all sectors referred to in the Racial Equality Directive 2000/43/EC, namely, education, social security, healthcare, and access to goods and services. In addition this report will also bring a valuable contribution to the impact assessment carried out by the European Commission, with the aim of exploring the possibility of tabling a draft directive which would include these further areas. The project will entail the collection of official and unofficial data at national level in all EU Member States and comparative analysis at European level covering previous years until the present, as necessary to allow a good understanding of the issues involved. The project will also examine comparatively the existing relevant legal instruments, judicial data and case law at both national and EU level, which will be published autonomously. The final report will bring together the available data and information in a policy oriented document that will also highlight positive measures and initiatives both by public authorities and civil society. The project is ongoing and is expected to be completed in 2008. The project will take into account the relevant work of the Council of Europe. A representative of the Council of Europe s Commissioner for Human Rights is actively involved in this project participating in the inception meeting, which established the project s priorities. The draft national reports and the draft comparative analysis were sent to the Commissioner for Human Rights in April. In this light the Agency is working closely with the Council of Europe s Commissioner for Human Rights, who is regularly updated of the project s progress. Study on indicators measuring the implementation, protection, respect and promotion of the rights of the child in the European Union, mapping and assessment of available relevant data resources On the basis of a request by the European Commission the Agency launched in 2007 this project with the aim to develop a set of indicators for measuring regularly how the rights of the child are implemented, protected, respected and promoted in the Member States of the EU. The development of these indicators will be based on a 19
review of available sources, a structured consultation with experts and key stakeholders, and an assessment of the available data resources at national, EU and international level regarding comparability, gaps and other issues. The following research projects (2008 Budget) are scheduled to be implemented in 2008: Comparative report on the situation regarding the protection, respect and promotion of the rights of the child in the European Union Building on the 2007-2008 project developing indicators for the implementation, protection, respect and promotion of the rights of the child in the European Union the Agency will collect the relevant social data and national and EU policies, as will be determined by the indicators developed in 2008, with the aim to gradually develop a robust body of evidence regarding the situation across the European Union. The output of the project will be a comprehensive comparative situation report, and input for the further development of its online database. The final report is expected to be delivered as early as possible in 2009. However, the Agency will also present the preliminary results with key social data by the end of 2008, using in house resources. Fundamental Rights education in the European Union The Agency examined in early 2007 the scope for a study on Holocaust education in the Member States of the EU and concluded that a wider study covering Holocaust education within a wider perspective of fundamental rights education would be more inclusive. This project will therefore examine Holocaust education in the context of a comparative analysis of provisions and activities for fundamental rights education across the European Union. The project will take into account work already carried out by the International Taskforce on Holocaust Education and the existing 2006 report by OSCE/ODIHR on Holocaust education. The project will take into account the extensive work carried out by the Council of Europe, and in particular its project Teaching Remembrance Education for the prevention of crimes against humanity". Part of this project will be implemented in cooperation with the Council of Europe. Impact of the Race Equality Directive interviews and comparative analysis In addition to the major data collection described in the previous section the fourth work package of this project concerns the collection and analysis of the views of major social partner organisations in the Member States on the impact of the Directive in the area of employment through interviews. The situation of Roma and Travellers in the EU On the basis of national thematic reports on the situation of Roma and Travellers across the European Union the Agency will develop a comprehensive comparative report. The specific subject area will be determined by the EU policy orientation that will result from currently ongoing processes, namely the Commission Report to the European Council in June 2008 and the ensuing conference. For more information on this project please see section 3.2.1. 20
Whenever possible, the Agency carries out feasibility studies in advance of major projects in order to plan effectively the implementation of the projects taking into account data availability, research methodology, as well as procurement, budgetary and other practical aspects. In 2008 the Agency will carry out three feasibility studies: First, on the situation regarding multiple discrimination on the grounds of gender, age and ethnicity; the information so far indicates that the situation of elderly and young female migrants and ethnic minority members face particular problems, as they are likely to suffer from discrimination on multiple grounds that seriously affects their social situation and life chances. Given that the area is under-researched it is essential that a feasibility study is carried out in 2008 in preparation for a major research project in 2009. Secondly, on indicators to monitor the situation regarding the protection, respect and promotion of the rights of disabled persons across the European Union. The feasibility study will focus on work already carried out and an initial identification of available relevant data resources. Thirdly, on the situation of undocumented persons concerning respect of their fundamental rights given that preliminary investigation shows that this is an under-researched area with few, if any, data or information. The issue of undocumented person, which is already on the EU agenda, particularly as regards irregular migrants, is growing particularly in a number of Member States. Preliminary investigation shows that the area is under-researched and is therefore essential to carry out a feasibility study in 2008 in preparation for a major research project in 2009. The Agency will coordinate its research activities with those of the Council of Europe, in accordance to Article 9 of its Regulation. 3.3.2. Aim: The aim of this activity is to develop comprehensive analyses and reports based on objective, reliable and comparable data and information and develop methodologies and tools that will allow the collection of quantitative data and improve comparability. 3.3.3. Tasks in 2008: Assessment and comparative analysis of secondary data provided by RAXEN, FRALEX and other sources for the Annual Report 2009; Management of research projects; Implementation of preliminary feasibility studies, as required; Development of conclusions and opinions. 3.3.4. Indicators: Effective project management and monitoring of contracts; Quality of background material assessment and analysis; Quality and policy relevance of output; 21
Invitations for contribution of expert advice and support to stakeholders. 3.3.5. Output: FRA Annual Situation Report 2008; FRA Annual Activities Report 2008; Update Report (2003-2008): Migrants, minorities and employment: Documenting phenomena of exclusion, discrimination and good practice to combat them in the Member States of the European Union; Comparative report on the situation regarding the protection, respect and promotion of the rights of the child in the European Union; Comparative legal analysis of the situation concerning homophobia and discrimination on grounds of sexual orientation in the European Union; Comparative report on the situation concerning homophobia and discrimination on grounds of sexual orientation in the European Union; Feasibility study on indicators regarding disabled persons internal document; Feasibility study on the situation of undocumented persons concerning respect of fundamental rights - internal document; Feasibility study on multiple discrimination on grounds of gender, age and ethnicity - internal document; Report(s) and papers related to research projects; Editing and updating electronic documentation resources. 3.3.6. Outcome: Presentation of comparative evidence to support the development of EU policies; Improved knowledge and understanding of the situation regarding fundamental rights issues across the European Union; Evidence based opinions and conclusions for EU institutions and Member States. 3.3.7. Financial and Human resources Financial resources: Operational tasks Comparative report on the situation regarding the protection, respect and promotion of the rights of the child in the European Union Comparative Analysis: The situation regarding racism in sport in the EU and positive initiatives to combat it. Budget 450,000 200,000 Fundamental Rights education in the European Union 387,000 Update (2003-2007) Comparative Report on Employment 50,000 22
Impact of the Race Equality Directive interviews and comparative analysis 400,000 The situation of Roma and Travellers in the European Union 280,000 Total 1,767,000 Human resources: AD AST CA Total Statutory Staff 6.0 2.0 0.0 8.0 Total 6.0 2.0 0.0 8.0 Staff (Sector Research & Analysis) AD 1 AST1 AST2 AD 2 AD 3 AD 4 AD 5 AD 6 Post description Head of Sector Research and Analysis (Coordinator of research projects and quality control of output, editor of Annual Report) Assistant to Head of Sector (administrative support, meetings and events organiser) Copy Editor (responsible for support in drafting the Agency s Annual Report, copyediting, checking and formatting reports and other papers in English and German. Programme Manager Research social scientist (development of terms of reference, monitoring of research projects, assessment, revision and editing of deliverables) Responsible for the projects: Discrimination and Victimisation in the Member States of the European Union: Experiences and Attitudes of Immigrants and Other Minorities Racism and social marginalisation: potential pathways to violent radicalisation Combating ethnic profiling practices: good practice guide Programme Manager Research social scientist (development of terms of reference, monitoring of research projects, assessment, revision and editing of deliverables) Responsible for the projects: Pilot Media Project Analysis of media content Fundamental Rights education in the European Union Racism in sport Programme Manager Research social scientist (development of terms of reference, monitoring of research projects, assessment, revision and editing of deliverables) Responsible for the projects: Comparative report on the situation concerning homophobia and discrimination on grounds of sexual orientation in the European Union Impact of the Race Equality Directive interviews and comparative analysis Feasibility study: multiple discrimination on the grounds of gender, age and ethnicity Programme Manager Research legal scientist (development of terms of reference, monitoring of research projects, assessment, revision and editing of deliverables) Responsible for the projects: Study on indicators measuring the implementation, protection, respect and promotion of the rights of the child in the European Union, mapping and assessment of available relevant data resources Programme Manager Research legal scientist (development of terms of reference, monitoring of research projects, assessment, revision and editing of deliverables) Responsible for the projects: Feasibility study: Indicators measuring the protection, respect and promotion of the rights of disabled persons in the European Union, mapping and assessment of available relevant data resources Feasibility study: Respect for the fundamental rights of undocumented persons 23