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

Starting Line: reflections on the campaign for a European directive?. Patrick Yu Executive Director of NICEM Former Chair of Starting Line. Who were we?. Informal network of experts in 1991 Starting Line proposal in 1993 Article 13 of Amsterdam Treaty

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

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  1. Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line

  2. Who were we? • Informal network of experts in 1991 • Starting Line proposal in 1993 • Article 13 of Amsterdam Treaty • New Starting Line proposal on racial and religious discrimination in 1998

  3. Political context of Article 13 • Schengen acquis • Third pillar in the area of freedom, security and justice • New legislative procedure (Consultation Procedure)

  4. Commission proposal • Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin • Council Directive 2000/78/EC a general framework for equal treatment in employment and occupation

  5. Limitations • Unanimous vote under Article 13 • Race covers both employment and service provision, not other grounds, in particular religion • The concept of equal treatment • National body

  6. Political Context during negotiation • Austria and EU constitutional crisis in 2000 • Enlargement • More immigration control and restrictions through Schengen acquis • Input of the Starting Line Group

  7. Reflection 1 • Successful lobbying of the Starting Line Group • Anti-discrimination unit was set up right after Amsterdam Treaty • EUMC and ENAR set up as part of the process • Race mainstreaming • Network of experts

  8. Reflection 2 • 9-11 in America and Madrid bombing in 2003 • Race issues completely disappear in the radar of government at national level • Framework Decision on Racism and Xenophobia 2001 • Transposition of the Directives • Gender Directive on Service Provision

  9. Reflection 3 • Issues of capacity building within the NGOs sector on race • The myth of law is the dominant cultures • Few NGOs know the Directives which resulted low input or none at national legislation • Activist vs Lawyer

  10. Future EU law in the area of equality • An upward improvement of a new Single Equality law in EU covers all existing grounds with common concept of discrimination and scope of protection • A recognition of differences among grounds and accept difference of treatment in terms of positive action or positive equality

  11. Future policy and practice • Education and training • Consolidate Equality Mainstreaming within EU law, policy and practice • Testing cases

  12. Challenges Ahead • European Institutions (EU, CoE & OSCE) • EU governments & institutions • Alliance building on multiple grounds and cross-sectors (inter and intra)

  13. The real challenge • Who are we as an NGO? • Are we part of the problems? • Can we connect lawyers & activists? • Can we make people be practical? • Can we create networks and alliance buildings? • Can we handle politics?

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