European Roma Rights Centre (ERRC) & GLOBEA Anti-discrimination seminars: the EU Race Equality Directive

1. European Roma Rights Centre (ERRC) &GLOBEAAnti-discrimination seminars: the EU Race Equality Directive Prague, 1- 3 December 2004 Presenters: Paul O’Keeffe, Vladislava Iordanova, Stasha Ziakova

2. Introduction • Draft proposal for the anti-discrimination law going through the chamber of deputies and senate • Wednesday– Legal sector • Thursday --- NGOs • Friday --- Government Service Providers/ Representatives

3. Fighting Racial Discrimination - A workshop for civil society organisations in the Czech Republic - Thursday 2 December 2004 • European Union anti-discrimination policy--Anstead • The areas of discrimination covered under the EU Race Equality Directive and what the terminology really means--Farcas • The role of specialised bodies and their relationship with civil society organisations-- Rodgers • What can civil society organisations do to combat discrimination? --Bedard • VPO---Its new role as the service provider • Open Discussion btw ERRC, CRE, Government Reps., NGOs and the service provider

4. European Union anti-discrimination policy The two EU equality Directives, based on Article 13 of the European Community (EC) Treaty, are: Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation (the 'framework employment Directive') (EU0102295F); and Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the 'race Directive') (EU0006256F). Need to consolidate implement

5. Race Equality Directive and Terminology • Prohibits discrimination against people on the grounds of ethnicity or race in a wide number of areas, including employment, education, training, social security benefits, health care, and access to and supply of goods and services that are available to the public, including housing. • Member states are also required to designate (or create) a body to provide support and guidance to victims of racial discrimination.

6. Race Equality Directive 2 • Most governments have taken a minimalist approach when implementing the directive, which in many cases has led to uncertainty, discrepancies between different laws, and vague definitions that leave room for interpretation and argument. Consequently, the laws, which in principle should protect the victims of discrimination, leave them to cope with legal uncertainties. • Doesn’t describe Racial Discrimination • Indirect discrimination • Direct discrimination • Harassment • Victimization

7. Burden of Proof • The Burden of Proof is shifted to the respondent when it is established that discrimination occurred • To establish can be difficult so it is up to NGO activism to do this. • Akcion Popularis

8. Sanctions • Article 15--- Sanctions must be effective, proportional and dissuasive • Criminal Sanctions for egregious acts • Civil Sanctions--- compensation, exemplary damages, punitive damages • Labour representative-- any fine goes to the state so people aren’t motivated

9. Role of specialised bodies and their relationship with civil society organisations • CRE in UK ► Good bench mark/example • Characteristics of Specialised Bodies • Responsibilities • Elimination of Racial Discrimination, Good race relations, Promoting equality and operation etc…) • Status • Independent, Up hold the principles of public life, Accountable, Open and honest • Governance • Commissioners, Advisers, Committees

10. Role of specialised bodies and their relationship with civil society organisations • Accountability • Annual Report, Role of Chief Executive, Budget allocations • Special situation in UK regarding financing (1/4 of budget goes to NGOs directly) • Structure • Strong regional presence

11. Role of specialised bodies and their relationship with civil society organisations • Priorities for CRE (2005-2008) • Change in: • Work • occupational segregation • Services • schools, police, prisons • Communities • safety, youth cohesion, conflict resolution

12. Role of specialised bodies and their relationship with civil society organisations • Functions • information, education and promotion with respect to public awareness • advice an assistance to victims • investigation and enforcement • research and codes of practice • to promote good race relations

13. Role of specialised bodies and their relationship with civil society organisations • Issues to consider • Independence • Enforcement and promotion • Assistance to victims • Resources • Regional and local diversity • To maintain focus

14. The Situation in the CR • Government position • VPO – Ombudsman • NGOs

15. Government Position • Two Possible Models • A. Equal treatment centre (Centrum Pro Rovne Zachazeni) • B. Ombudsman (Verejno Pravni Ochrance) • Initial plan for A – commission of equality was the model for this, but rejected • Opted for B but with possibility for a special department within the VPO • The agenda = gender and race directive + religion, sexual orientation, age and disability

16. VPO • Cernin Karel • Dealing with public sector issues whereas discrimination affects private entities • Real need for cooperation with NGOs • Unclear where the headquarters will be • Credibility issues from now on • Structure • 40 lawyers (recent graduates) • Fears • no discrimination experience, independence, minimalist or maximalist approach

17. VPO • Legal Issues • used to establishing trends from collection of cases not with individual cases • communication with public officials not private • work with given materials • Is a lawyer the best candidate for this job?

18. NGOs • Need for a greater role • Over looked, no funding, taken as an inferior partner but called upon to save the day when things get tough • Architecture laid down but enforcement poor or non-existent

19. The End