The European Parliament,

-  having regard to the report of the Commission on the implementation of the European Year Against Racism (1997) (COM(1999) 268 - C5-0310/1999 )(1) ,

-  having regard to the first Annual Report 1998 of the European Monitoring Centre on Racism and Xenophobia of December 1999 (C5-0015/2000 )

-  having regard to the relevant international legal instruments of the United Nations, the International Labour Organisation, UNESCO and the Council of Europe and, in particular, the UN Convention on the Elimination of All Forms of Racial Discrimination, the 1992 European Charter for Regional or Minority Languages and the 1995 Framework Convention for the Protection of National Minorities,

-  having regard to Article 29 of the EU Treaty, which expressly lays down the prevention and combating of racism and xenophobia in order to provide citizens with a high level of safety within an area of freedom, security and justice as an objective of the European Union, and to Article 13 of the EC Treaty, which provides for the possibility that "the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based … on racial or ethnic origin…",

-  having regard to the proposal for a directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (COM(1999) 566 ) of 25 November 1999(2) , to the proposal for a Directive establishing a general framework for equal treatment in employment and occupation (COM(1999) 565 ) of 25 November 1999(3) and to the proposal for a Decision establishing a Community Action Programme to combat discrimination 2001 - 2006 (COM(1999) 567 ) of 25 November 1999(4) ,

-  having regard to Article 7 of the EU Treaty on measures to be taken in the event of a serious and persistent breach by a Member State of the principles of democracy and the rule of law,

-  having regard to the Copenhagen criteria concerning accession by the countries of central and eastern Europe to the European Union, as laid down by the European Council in Copenhagen in 1993,

-  having regard to the "Charter on European political parties for a non-racist society" adopted on 5 December 1997 by the Consultative Committee on Racism and Xenophobia,

-  having regard to the work of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe,

-  having regard to the many conclusions on racism and xenophobia by the European Council,

-  having regard to the constant policy line adopted by the European Parliament in its resolutions on racism, xenophobia, anti-semitism, right-wing extremist violence and discrimination against the Roma and to the conclusions of its committees of inquiry,

-  having regard, in particular, to its resolutions of 18 December 1998 on racism, xenophobia and anti-semitism and on further steps to combat racial discrimination(5) and on the communication from the Commission: An Action Plan against Racism (COM(1998) 183 - C4- 0253/1998 )(6) ,

-  having regard to its resolution of 3 February 2000 on the result of the legislative elections in Austria and the proposal to form a coalition government between the ÖVP (Austrian People's Party) and the FPÖ (Austrian Freedom Party)(7) ,

-  having regard to Rule 47(1) of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0049/2000 ),

A.  celebrating the confirmation and strengthening in the Treaty of Amsterdam of the European Union's foundation on the respect for human rights and fundamental freedoms, especially through the amended Article 6 EU and new Article 7 EU, and welcoming the forthcoming Charter of Fundamental Rights which should encompass civil and social rights and cover both citizens of Member States and legally resident third-country nationals,

B.  insisting that there can be no respect for human rights while discrimination on grounds of race occurs, and that the Amsterdam Treaty thus marked a major milestone by ending the controversy over the competence of the EU institutions for implementing anti-racism policies by establishing for the first time in the new Article 29 of the EU Treaty and new Article 13 of the EC Treaty that not only is the fight against racism and xenophobia an explicit European Union objective but race discrimination is the breach of a fundamental right under EU law,

C.  recognising that the European Union has thereby come a long way forward in understanding and defining the progressive nature of its values and priorities which rest on the bedrock of democracy, human rights, and equal opportunities, and in confirming that respect for racial equality and minority rights falls within the Copenhagen criteria for EU accession,

D.  noting with satisfaction that the 50th anniversary of the UN Declaration on Human Rights in the same year as the entry into force of the Treaty of Amsterdam was an appropriate occasion to add a new human rights dimension to European integration through a reinforced emphasis on combating racism, including, in particular, anti-Semitism, and xenophobia and promoting equality,

E.  recalling that all Member States have ratified the International Covenant on Civil and Political Rights, the UN Convention on the Elimination of All Forms of Racial Discrimination (except Ireland) and the European Convention on Human Rights of which Article 14 guarantees the enjoyment of all other rights without discrimination on grounds, inter alia, of race, colour, language, religion, or national origin,

F.  observing that the understanding of the issue of minorities differs between EU Member States and across Europe in part to reflect different patterns of history and migration, and terminology differs, for example, from "black" and "ethnic minority" to "immigrant", "foreigner" or "alien",

G.  recalling the conclusions of the European Parliament's Committee of Inquiry into the Growth of Racism and Fascism in Europe and the Committee of Inquiry into Racism and Xenophobia, and its numerous resolutions on the subject, and also the anti-racism resolutions and other actions of the Commission and Council,

H.  welcoming ethnic, religious, cultural and linguistic diversity in Europe as :

I.  underlining the emphasis in the first report of the European Monitoring Centre on Racism and Xenophobia that racism and xenophobia are a universal phenomenon in Europe and endemic in our society,

J.  insisting that respect for minorities and celebration of diversity is not only perfectly compatible with the aims of equality and integration but at the core of the fight against racism and xenophobia,

K.  aware that racism inflicts on its victims a heavy and avoidable cost, in material loss from discrimination in education employment and business, psychological damage from insults and humiliation, and physical harm from violent attacks ,

L.  conscious that racial prejudice, discrimination and hatred represent a social problem which poisons our entire society, not just minorities who are its victims, by presenting a serious obstacle to social cohesiveness and common purpose,

M.  noting that surveys show racism in Europe has increased overall in the last decade, with one-third of Europeans in 1997 considering themselves "very" or "quite" racist, those accepting of migrants from Eastern Europe declining from 14% in 1991 to 12% in 1997, and those accepting of persons seeking asylum declining from 24% in 1991 to 20% in 1997,

N.  noting also however that 84% of Europeans in 1997 supported an increased role for the European institutions in fighting racism and xenophobia, and 79% believed there should be European legislation to prohibit racism,

O.  recognising that the racial prejudice displayed in Europe is complex and based on a variety of factors, including religion, culture, perceptions of "nation" and patriotism, not on skin colour alone,

P.  noting that the very essence of European culture, given that it has always been porous, hybrid and heterogeneous, is the recognition and celebration of difference between people and that globalisation and multiculturalism are simply reinforcing these features,

Q.  noting that there has been progress in tackling race discrimination, including institutional racism, and that some regions and cities in the European Union are becoming more at ease with diversity; believing that it is healthy to conduct a lively debate at the beginning of the 21st century about the nature of a multi-racial, multi-religious and multi-cultural Europe,

R.  rejecting aspects of contemporary nationalism based on obsolete and destructive ideas of homogeneity which foster division and racial hostility; believing that Europe must divest itself of the idea of a white core culture and redefine "nation" to mean the community within the jurisdiction of the state, and that European identity must incorporate the experience and culture of minority communities,

S.  deploring the fact that equality of opportunity and freedom from discriminatory treatment is still not ensured for ethnic, cultural and religious minorities in Europe ; recognising with sadness that the victims of racism and ethnic cleansing are not immune to practising race discrimination and violence themselves ; and conscious of the immense damage, material as well as moral, which ensues when a minority loses faith in the capacity of social and political institutions to be impartial and fair,

T.  alarmed at evidence in Europe of:

and warning all democratic forces that political rhetoric based on ultra-nationalism or ethnic distinctiveness can pave the way to racism and xenophobia including violence, and urging the EU to make an improvement in the situation of the Roma the subject of a European action programme,

U.  recognising that the decline of social and economic stability in Europe and worries about unemployment, poor housing and crime are neither a rational basis for nor excuse racism, xenophobia and scapegoating of minorities, particularly since ethnic minorities are usually the worst off in these respects,

V.  aware however that these factors, and in particular deprivation in multi-racial urban areas, may provide the pretext for and exacerbate such sentiments, so that the relationship to racial disadvantage is a strong reinforcement of the justification for making tackling of social exclusion a high political and budgetary priority at local, national and European level; welcoming in that context the proposed EQUAL initiative and hoping that it will have a real impact in developing new ways to combat discrimination in employment ;

W.  noting that discriminatory treatment of or derogatory references to immigrants, foreign nationals or asylum-seekers, especially by public authorities and politicians, fosters discriminatory behaviour towards all ethnic minorities, including those who are citizens of a Member State,

X.  convinced that racism and xenophobia in Europe can only be overcome if a clear lead in policy guidance and practical action to promote race equality and cultural diversity is taken by EU institutions and Member State authorities, by politicians and all those in a position of leadership of public or private organisations, and commends the "Charter of European parties for a non-racist society",

Y.  emphasising however that while the responsibility for initiating racial equality lies with the leaders of institutions, it is the duty of every individual to stand up for equality and respect for diversity in Europe,

Z.  urging Member States and EU institutions to make greater efforts both to explain to the public how restrictive migration policy and respect for minority rights inter-relate and to alleviate the tensions between tight external borders and the development of an inclusive and multi-racial European Union,

AA.  insisting that the regulation of migration and refugees flows must rest principally on the creation of better political, economic and social conditions in the countries of origin through measures such as enforcement of international human rights laws, opening of trade opportunities, investment in development programmes and curbing of arms sales,

BB.  recognising that the responsibilities of those who have chosen to contribute to European society by migrating to the Union must be matched by a corresponding set of rights which ensures protection from discrimination on grounds of ethnic or national origin,

CC.  underlining that the purpose of anti-racist action is to provide all Europe's citizens (not only citizens of Member States but also third-country nationals legally resident and thus having citizens' rights) with a high level of safety within an area of freedom, security and justice, such that police and judicial cooperation has as a goal the prevention and combating of racism and xenophobia,

DD.  recognising that most of the work at European level to tackle racism and promote integration has been carried out within the social affairs competences of the EU, but desiring to emphasise that equality issues require a rights-based approach as much as a welfare-based approach,

EE.  welcoming the fact that the European Year Against Racism, although its organisation was too rushed and its national coordinating committees varied in funding, efficiency, and willingness to work with NGOs, was nonetheless a useful and successful event which raised the profile of anti-racism and provided an opportunity for networking and a springboard for action,

FF.  applauding the major achievement of the European Year Against Racism in putting the fight against racism squarely on the agenda at European as well as national level, and launching a process which led to the creation of both the European Network Against Racism and the European Monitoring Centre on Racism and Xenophobia and the inclusion in the treaties of legal competence for European anti-discrimination action,

GG.  convinced that the European Year Against Racism should be seen not just as a one-off reminder of a problem but as the basis for a sustainable and coherent long-term approach to fighting racism at European level, and acknowledging that the inclusion in the Treaty of Amsterdam of the new Article 13 EC granting competence for action to combat discrimination on the grounds of race, ethnic origin, religion or belief gives the basis for such an approach,

HH.  acknowledging that agreement on Article 13 was due partly to the climate created by the European Year Against Racism as well as to the active lobbying by individuals, public bodies and NGOs such as the laudable work of the Starting Line Group and that all those who share in this achievement deserve congratulation,

II.  welcoming the declaration of the European Council at its extraordinary meeting in Tampere in October 1999 that the European Union must "enhance non-discrimination in economic, social and cultural life and develop measures against racism and xenophobia", and its invitation to the Commission to come forward with proposals implementing Article 13 of the EC Treaty on the fight against racism and xenophobia; welcoming the Commission's package of such proposals in November 1999,

JJ.  regretting that the overdue opportunity to give substance to the concept of European citizenship through the grant of rights of free movement, family unity and voting to long-term legally resident third country nationals has not so far been taken the Council, but welcoming the declarations on these matters at the Tampere summit and the proposal from the Commission on family reunification,

KK.  recognising not only that possession of economic, social and cultural rights affect people's involvement in the political process but also that many ethnic minority members of society are deeply alienated from that process, either by declining to vote or, as third country nationals, being denied the right to vote, and that politics and parliaments are not sufficiently reflective of Europe's ethnic diversity,

LL.  acknowledging the benefits to society if all sections, communities and individuals feel they have a contribution to make, and that the civil and political duty to be involved needs to be matched by rights of political participation and effective influence if faith in the political process is to be restored,

MM.  recognising that the desirable goal is for good equal opportunities practices to make the need to challenge discriminatory actions or behaviour through the courts a rare last resort, but that the existence of legal sanctions will always be essential as an unequivocal statement of public policy and society's condemnation of race discrimination and because failure to provide a remedy against injustice would strike at the rule of law,

NN.  whereas racism is the application of prejudice with power and cannot be countered with moral persuasion alone but only with the sanction of legal authority which, while it cannot alter prejudicial attitudes, can prevent victimisation,

OO.  recognising that anti-discrimination legislation is thus an essential pre-condition for an effective policy to combat discrimination and promote equal opportunities and thus provides the vital infrastructure for a society free from racism which provides fairness and justice for all its citizens and residents,

PP.  whereas there is uneven progress across the European Union in the development of legal remedies for race discrimination and whereas it is now appropriate to provide such remedies at European level due to the greater movement of people across the EU, the imperative of putting substance to the concepts of European citizenship and fundamental rights, and the competence conferred by Articles 13 EC and 29 EU,

QQ.  welcoming the prospect in all Member States of race equality laws which are comprehensive in addressing indirect as well as direct discrimination, protective of the rule of law in setting the limit to freedom of speech at the point where it incites to racial hatred or violence, and user-friendly in providing through an independent body strong investigatory and enforcement mechanisms which provide effective and dissuasive penalties and real justice for victims without which the legislation is discredited,

RR.  emphasising that anti-discrimination legislation needs to be accompanied by supporting strategies to tackle racism and xenophobia, in particular

SS.  recognising that ethnic minority groups" experience of discrimination is most acute in the areas covered by the police, justice and immigration services so that they are often reluctant to rely on the police for protection ; that it is therefore crucial that personnel in these services receive specific training in awareness of racial prejudice and best practices, that a comprehensive strategy is implemented to build mutual trust and understanding between police and minority groups, and that investigation of complaints against the police should be carried out by independent bodies,

TT.  emphasising that respect of minority rights should be a strong element in EU external policy, especially in Central and Eastern Europe, in close partnership with the Council of Europe, the UN and the OSCE, and urging the EU to speak with one voice in the UN Conference against racism, xenophobia and related forms of intolerance to be held in 2001,

UU.  acknowledging the prominent work in the Council of Europe and its European Commission against Racism and Intolerance (ECRI) in contributing to combatting racism and intolerance and looking forward to increased cooperation with the ECRI in the future,

VV.  welcoming the first report of the European Monitoring Centre and reiterating its previous calls for the restrictions on the Centre's tasks to specific areas under the first pillar to be removed when the Centre's tasks are reviewed, as they are due to be in 2000,

WW.  welcoming the European Monitoring Centre's aim to fulfil one of its assigned tasks by establishing comprehensive, reliable and comparable data at EU level, which requires Member States to institute suitable tools for identifying instances of discrimination, to measure progress towards racial equality in the economic and social spheres, and the incidence, prosecution and sentencing of racially motivated attacks,

XX.  calling for the future annual reports of the European Monitoring Centre to

YY.  asking the Centre to engage in a dialogue with the European Parliament's appropriate Committees as to its future political programmes, recruitment policy, institutional architecture and budgeting,

ZZ.  expressing its horror at the entry into Government in Austria of Jorg Haider's Freedom Party,

Fundamental Rights and Equality policy

1.  Urges Member States to be sensitive to the needs of minority communities and encourage their community structures while providing full integration programmes and mainstreaming the needs of ethnic minorities into policy and practice;

2.  Insists that the protection of the minority rights of minorities must be ensured within a system of politically devolved government ;

3.  Urges EU institutions and governments to provide and disseminate accessible information in minority languages on public services, complaint and redress channels and legal advice services;

4.  Calls on the Commission and Council to join it in amending the Staff Regulations so as to be able to employ European Union residents rather than only citizens of Member States, thus ending the exclusion of 12-14 million third-country nationals living in the Union;

5.  Invites Member States which have not yet done so to sign and ratify the Council of Europe Framework Convention for the Protection of National Minorities and European Charter for Regional or Minority Languages ;

6.  Calls for

7.  Calls for the forthcoming EU Charter of Fundamental Rights to be more than merely declaratory of existing rights and to enshrine guarantees, including against racial discrimination, which are enforceable in the European Court of Justice;

8.  Requests that the European Monitoring Centre should have :

9.  Calls on the Council and Commission to pay regard to the reports of the European Monitoring Centre and to be prepared, in the event of the existence of a serious and persistent breach by any Member State of the principles in Article 6 EU, including through racially discriminatory policy or propaganda, to take action under Article 7 EU;

10.  Welcomes the decision by the 14 Member States of the Union to freeze their bilateral relations with Austria and calls on the Commission to ensure that Austria abides by the Union Treaties, despite the participation of a racist and xenophobic party in government;

Education

11.  Urges the Member State authorities to strengthen awareness-raising of racism and racial diversity among all sections of the population, and in respect of young people to include as formal requirements of school curricula and teacher training programmes:

12.  Urges Member States to honour the European Charter for Regional and Minority Languages by making appropriate provision for the teaching of minority languages ;

13.  Encourages the Member States and EU institutions to mark Shoah Day (27 January, anniversary of the liberation of Auschwitz, 1945) and International Day Against Fascism and Anti-Semitism (9 November, anniversary of Kristallnacht, 1938);

Media

14.  Calls on media organisations to establish a code of ethics to combat racism and xenophobia and to monitor compliance with it;

15.  Calls on the European media to help provide young people with information on the recent history of Europe, particularly as regards discrimination and the extermination of the Jewish community in the Nazi concentration camps and to raise their awareness of the consequences of racist, communist and fascist regimes;

16.  Calls on the European media to draw up, adopt and comply rigorously with codes for self-regulation designed to avoid the scapegoating of particular groups of persons or presenting them in an unfavourable light;

Contract compliance

17.  Calls for European law to allow, and require, "contract compliance" whereby external contracts and funding agreements must include an obligation to implement equal opportunities policies;

EU programmes and social exclusion

18.  Insists that all EU-funded programmes must be open to citizens of all Member States and to legally resident third-country nationals, and Member States should be obliged to make any necessary visas available;

19.  Requests the Commission, in implementing the EU cooperation programme on urban delinquency within budget line B5-820 , to include exclusion of ethnic minorities as a root cause of crime, including racist crime;

Political parties and participation

20.  Urges all political parties to sign and observe the "Charter of European parties for a non-racist society", to condemn intolerance and racist remarks or behaviour and refrain from choosing candidates and cooperating with political groups who subscribe to racist and xenophobic objectives;

21.  Calls for early EU legislation to give substance to European citizenship by granting rights to vote in local and European elections to third-country nationals resident in the European Union for 5 years or more;

22.  Urges Member States and local authorities to take action specifically to encourage all ethnic minority voters to register and turn out to vote, and political parties to take positive action to encourage the selection and election of ethnic minority candidates;

Justice and policing

23.  Insists the EU and Member State governments put as a top priority of police and judicial cooperation:

24.  Urges Member States to prosecute and punish vigorously the commission of racist crime, racial harassment and racial attacks;

25.  Calls on the Member States and Community institutions to ensure that rules restricting freedom of opinion and expression are not contrary or disproportionate to national, European and international rules on the subject;

26.  Calls on the Member States to:

Anti-discrimination legislation

27.  Welcomes the Commission anti-discrimination package based on the landmark Article 13 EC and in particular the fact that the two equal treatment directives cover indirect as well as direct discrimination and provide for effective enforcement; urges the Member States not to water down their provisions or obstruct their adoption, having regard to the obligation under Article 10 EC to fulfil Treaty objectives including that under Article 13 to combat discrimination based on race or ethnic origin;

28.  Urges both business and public sector organisations to recognise the case for race equality on grounds of financial efficiency as well as moral imperative and thus to regard European legislation against race discrimination as a positive spur to the adoption of a diversity strategy including setting of targets and positive action for recruitment and promotion;

Immigration and asylum

29.  Calls for the EU and its Member States to ensure that, within a single asylum system, the Refugees Convention is fully applied and that immigration legislation and policy does not discriminate on grounds of ethnic or national origin, avoids stoking xenophobic attitudes or discriminatory and hostile behaviour to ethnic minorities, and gives similar rights of free movement and family unity to third-country nationals as to Member State citizens ;

International action

30.  Urges the EU and Member States to practice an ethical foreign policy by taking all opportunities to tackle poverty and ensure respect for human rights, and specifically by tightening the EU Code of Conduct on arms sales ;

31.  Urges the EU not to tie bilateral and multilateral agreements with Third countries, including Lomé, to demands for the acceptance without question of those deported from the EU;

32.  Calls in particular for the promotion of dialogue with Islamic countries, which will inter alia facilitate the integration of Muslim communities in Europe.

o
o   o

33.  Instructs its President to forward this resolution to the Commission, the Council, the other institutions of the European Communities, the European Monitoring Centre on Racism and Xenophobia, the governments and parliaments of the Member States of the European Union and of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Council of Europe's European Commission against Racism and Intolerance and the General Assembly of the United Nations.

(1) OJ C 310, 3.6.1999. (2) OJ C 67, 25.11.1999. (3) OJ C 68, 25.11.1999. (4) OJ C46, 25.11.1999. (5) OJ C 98, 9.4.1999, p. 488. (6) OJ C 98, 9.4.1999, p. 491. (7) Texts Adopted, Item 12. (8) OJ L 151, 10.6.1997, p. 1.