The CoE Summit Documents and the CoE Framework Conventionand the CoE Framework Convention

Of the documents adopted at the CoE summits,⁷²⁴ the first that emerged from the 1993 Vienna Summit addresses rather extensively the question of racism and other forms of intolerance⁷²⁵ in that it considers the issues both in the text of the Declaration⁷²⁶ and in Appendix III to the Declaration.⁷²⁷ Appendix III refers to respect for the cultural diversity and the equal dignity of all human beings as well as tolerance as features of a democratic and pluralist society. Democracy, tolerance and solidarity are noted as common European values, and importance is attached to combating actions that are likely to strengthen fears and tensions between groups from differ-ent racial, ethic, national, religious or social backgrounds.⁷²⁸ Concern is voiced over the increase of racism and other forms of intolerance against migrants and people of immigrant origin,⁷²⁹ and the deterioration of the economic situation is viewed as threatening the social cohesion of European societies by generating forms of exclu-sion that are likely to foster social tenexclu-sions and manifestations of xenophobia.⁷³⁰ The importance of reducing marginalisation and social exclusion of all members of society is also brought to the fore.⁷³¹ While anti-Semitism is specifically noted, all forms of religious discrimination are condemned.⁷³² The documents of the Vienna Summit touch upon the issue of tolerance also vis-à-vis national minorities in

not-724. For a more elaborate consideration of the summit documents, see chapter 2.1.1.3.3 supra.

725. The documents refer to racism, xenophobia, anti-Semitism and intolerance. See also the remarks on the use of terms in this research supra in chapter 1.3.

726. See paras 3, 4 and 17.

727. Appendix III consists of both the Declaration and the Plan of Action on Combating Rac-ism, Xenophobia, Anti-Semitism and Intolerance. See also the remarks supra in chapter 2.1.1.3.3.

728. Appendix III, para. 7 of the Declaration notes these manifestations of intolerance threaten-ing democratic societies and their fundamental values and underminthreaten-ing the foundation of European construction.

729. Ibid., paras 2–4.

730. Ibid., para. 6.

731. Ibid., para. 9.

732. Ibid., para. 10.

The Plan of Action incorporated in Appendix III mentions more concrete actions to be taken in the area, including establishing a committee to review the CoE member states’

measures in this area. See para. 3. This decision resulted in the establishment of ECRI. See also the remarks infra in chapter 4.2.1. Other provisions concern launching a broad Euro-pean Youth Campaign, reinforcing guarantees against all forms of discrimination based on race, national or ethnic origin, or religion, and reinforcing mutual understanding and con-fidence between people. Measures are to be taken to promote education in the fields of hu-man rights and respect for cultural diversity, to strengthen programmes aimed at eliminat-ing prejudice in the teacheliminat-ing of history by emphasiseliminat-ing positive mutual influence between different countries, religions and ideas, and to combat social exclusion and extreme poverty.

See paras 1–2 and 4.

ing that creating a climate of tolerance and dialogue is necessary for the participa-tion of all people in political life.⁷³³

While the documents adopted at both the second and third CoE summits (or-ganised in 1997 and 2005, respectively) do not consider racism and other forms of intolerance as extensively as the first summit documents, they call for both the im-plementation of the pertinent decisions made at the 1993 Vienna Summit⁷³⁴ and the intensification of action against these phenomena.⁷³⁵ The fight against these phe-nomena is linked both to the promotion of human rights and to the strengthening of pluralistic democracy and stability in Europe.⁷³⁶ The third summit condemned all forms of intolerance and discrimination, in particular those based on sex, race and religion, and drew attention specifically to anti-Semitism and Islamophobia.⁷³⁷ While the importance of promoting understanding and tolerance was highlighted, the CoE states also expressed their increasing concern for managing and promoting cultural diversity while ensuring the cohesion of societies. It was noted that protect-ing and promotprotect-ing cultural diversity on the basis of CoE values are essential condi-tions for the development of societies.⁷³⁸ Intercultural and interfaith dialogue based on universal human rights was viewed as a means of promoting awareness, under-standing, reconciliation and tolerance as well as preventing conflicts and ensuring integration and the cohesion of society.⁷³⁹ The third summit also drew attention to the use of information and communication technologies in furthering criminal ac-tivities, including those of a racist and xenophobic nature.⁷⁴⁰

733. See Appendix II on national minorities, para. 4. The summit also instructed the CoE Com-mittee of Ministers to draw up confidence-building measures aimed at increasing tolerance and understanding among peoples. Ibid., para. 11.

734. Declaration of the second summit, para. 4.

735. Ibid., para. 6. The intensification of the CoE actions in this area concern e.g. consolidating the role of ECRI. See the Action Plan of the second summit, Part I, para. 5, and the Action Plan of the third summit, Part I, para. 2, subpara. 4. See also the remarks infra in chapter 4.2.1.

736. Declaration of the second summit, para. 6, including subpara. 4. For common values, in-cluding cultural diversity, see the remarks supra in chapter 2.1.1.3.3. Respect for cultural diversity is also linked to the European heritage. See the Action Plan of the second summit, Part IV, para. 2.

737. The CoE states expressed their determination to further develop, within the CoE, rules and effective machinery to prevent and eradicate all forms of intolerance and discrimination, as well as to further implement equal opportunities policies in the member states. Declaration of the third summit, para. 9.

738. Action Plan of the third summit, Part III, para. 5, subpara. 1.

739. Ibid., Part III, para. 6, subpara. 1. See also the remarks on the dialogue envisaged supra in chapter 2.1.1.3.3.

740. All CoE states were urged to sign and ratify the Convention on Cybercrime and to con-sider accepting its Additional Protocol Concerning the Criminalisation of Acts of a Racist and Xenophobic Nature Committed through Computer Systems. Ibid., Part II, para. 5, subpara. 4. Attention to new information technologies was already drawn by the second summit, which stressed the need to ensure that its applications respect human rights (in-cluding respect for private life) and cultural diversity as well as foster freedom of expression

The CoE summit documents contain no express references to either the gender dimensions of racial discrimination, racism and other forms of intolerance or the concept of multiple discrimination.⁷⁴¹ The CoE states have considered it important to mobilise particularly the youth in the work of advancing tolerance. Consequently, as envisaged in the first CoE summit,⁷⁴² the CoE carried out a European youth campaign against racism, xenophobia, anti-Semitism and intolerance in 1995, and the third CoE summit launched a new Europe-wide youth campaign in the spirit of the 1995 campaign.⁷⁴³

The CoE Framework Convention makes express references to tolerance, (intercul-tural) dialogue and cultural diversity in its Preamble,⁷⁴⁴ and elaborates these issues particularly in article 6. Article 6 is noted as an expression of the concerns stated in the Declaration and the Plan of Action on Combating Racism, Xenophobia, Anti-Semitism and Intolerance adopted at the first CoE summit.⁷⁴⁵ The text of article 6 does not explicitly mention racism, xenophobia, anti-Semitism, etc., but paragraph 1 of the provision stresses a spirit of tolerance and intercultural dialogue and points out the importance of promoting mutual respect, understanding and co-operation among all persons living in the territory of a state party.⁷⁴⁶ The article has a broad personal scope of application that also covers groups that are not viewed as na-tional minorities; i.e. its application is extended to all persons living in the area of a state party and whose identity is linked to ethnic, cultural, linguistic or religious features.⁷⁴⁷ Thus, individuals belonging to groups with a migrant background also come within its ambit.⁷⁴⁸ The fields of education, culture and the media are

specifi-and information. Declaration of the second summit, para. 9, subpara. 3, specifi-and Action Plan, Part IV, para. 3.

741. The Declaration of the third summit does refer to condemning intolerance (and discrimina-tion) based on sex. See para. 9. See also the remarks supra in chapter 2.1.3.2 in the text on women.

742. See the Action Plan of Appendix III to the Declaration of the first summit, para. 1. See also the remarks on this supra in chapter 2.1.1.3.3.

743. Action Plan of the third summit, Part III, para 4, subpara. 1. For the participation of young people in advancing understanding, see also the Declaration of the second summit, para. 9, subparas 1 and 5.

744. See preambular para. 8.

745. Explanatory Report to the Convention, para. 47. The Declaration and the Plan of Action referred to are incorporated in Appendix III to the Declaration of the first summit. See the remarks supra (n. 727).

746. See also the Explanatory Report, para. 48.

747. Pursuant to art. 6.1, the states parties must e.g. take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, “ir-respective of those persons’ ethnic, cultural, linguistic or religious identity”. For the refer-ences to ethnic, cultural, linguistic or religious identity, see also art. 6.2.

748. See also the remarks on the wide personal scope of application of art. 6 supra in chapter 2.1.1.3.2 and on the application of this provision by the AC infra in chapter 4.1.2.

cally mentioned in the provision, because they are considered particularly relevant to the achievement of the aims it sets out.⁷⁴⁹

The Explanatory Report accompanying the CoE Framework Convention men-tions the issues of strengthening social cohesion and eliminating barriers between persons belonging to ethnic, cultural, linguistic and religious groups as well as the matter of integrating persons belonging to these groups into society. The integration of such persons is also linked to preserving their identity.⁷⁵⁰ Article 6 also refers to the possibility of persons being subjected to threats or acts of discrimination, hostil-ity or violence as a result of their ethic, cultural, linguistic or religious identhostil-ity, and calls for protection against these incidents.⁷⁵¹

2.2.1.3.2

The European Conference against Racism

The European Conference against Racism “All different, all equal: from principle to practice” was held in 2000; it preceded the UN World Conference Against Racism held in 2001 in Durban and served as the preparatory meeting for the WCAR at the European level.⁷⁵² The Conference produced two documents: the ministers of the CoE member states adopted a political declaration at the concluding session, and the Conference adopted a set of General Conclusions.⁷⁵³

The Political Declaration reaffirms that Europe is a community of shared values characterised by tolerance and cultural diversity.⁷⁵⁴ The CoE is viewed as having a key role in the fight against the phenomena of racial discrimination, racism and other forms of intolerance,⁷⁵⁵ which, it is noted, threaten democratic societies and their fundamental values.⁷⁵⁶ The Declaration links tolerance and respect for

diver-749. Explanatory Report, para. 48. Promoting tolerance and permitting cultural pluralism is also addressed in the provision on access to the media. See art. 9.4.

750. The Explanatory Report asserts that in order to strengthen social cohesion, the aim of art.

6.1 is, inter alia, to promote tolerance and intercultural dialogue by eliminating barriers between persons belonging to different ethnic, cultural, linguistic and religious groups through the encouragement of intercultural organisations and movements that seek to pro-mote mutual respect and understanding and to integrate these persons into society whilst preserving their identity. See para. 49.

751. Art. 6.2. This paragraph is noted as being inspired by para. 40.2 of the 1990 Copenhagen Document of the OSCE. See the Explanatory Report, para. 50.

752. The European Conference convened in October 2000 in Strasbourg. For the conference, see CoE (2004), pp. 16–18.

753. Both documents were forwarded to the Preparatory Committee of the WCAR as Europe’s contribution. European Conference against Racism (2000), p. 7. The two documents may also be found in this publication.

754. A note is also made concerning the multicultural nature of Europe. See para. 1.

755. The document refers to fighting racism, racial discrimination, xenophobia and related intol-erance. See the use of terms in this research supra in chapter 1.3.

756. Para. 6. The Declaration also refers to the role of the UN (ICERD, UNHCHR), the EU (the EUMC, the Amsterdam Treaty and EC legislation), and the OSCE (HCNM, ODIHR,

sity to stability and peace⁷⁵⁷ and underlines equal dignity for all human beings, the promotion of equality of opportunity, the fight against marginalisation and social exclusion, and the enhancement of participation of individuals (especially those be-longing to vulnerable groups).⁷⁵⁸ While anti-Semitism gets some specific attention, concern is voiced over the continued occurrence of intolerance on the grounds of religion and belief in its many forms.⁷⁵⁹ Contemporary forms of slavery and the persistence and development of aggressive nationalism and ethnocentrism are also noted.⁷⁶⁰ Migrants, asylum-seekers, refugees, displaced persons, non-nationals, in-digenous peoples, minorities, and the Roma are specifically mentioned as groups targeted by various events in the area of racial discrimination, racism and other forms of intolerance.⁷⁶¹ Furthermore, the existence of multiple discrimination is noted⁷⁶² and mention is made of the role of the media, politicians, political parties and organisations as well as new technologies in dissemination of racist messag-es.⁷⁶³

The Declaration calls for the strengthening of the European bodies active in the area of anti-racism, in particular the action of ECRI, and enhancing co-operation among relevant international actors.⁷⁶⁴ The ministers of the CoE states also com-mitted their states to take further steps, including legal measures, policy measures and educational and training measures, to prevent and eliminate racial discrimina-tion, racism and other forms of intolerance, and to monitor and evaluate such ac-tion on a regular basis. The importance of human rights and intercultural educaac-tion is stressed among preventive measures.⁷⁶⁵ The remarks on political measures also

RFoM) in this field. See paras 26–28 and 30. The role of NGOs is also mentioned. See paras 31 and 35.

757. Para. 7.

758. Paras 8–10. For participation, see also para. 33, point no. 8 under policy measures which refers to access to the decision-making processes in society, in particular at the local level.

759. Paras 15 and 21. The Holocaust is referred to in para. 14. Ethnic and religious cleansing, as well as genocide are also specifically mentioned and rejected. See paras 13 and 20. See also para. 34.

760. Paras 15 and 19.

761. The Declaration notes that these various groups are targeted on grounds related to lan-guage, religion or national or ethnic origin. See para. 16. For the Roma, see also para. 33, point no. 9 under policy measures. The document refers to “Roma/Gypsies and Travellers”.

762. Para. 18. See also para. 33, point no. 2 under policy measures.

763. Paras 23–25.

764. Paras 36 and 37.

765. Paras 32 and 33. Educational and training measures underline the role of education and awareness-raising to promote tolerance, respect for human rights and cultural diversity. It is specifically mentioned that these measures should be introduced and strengthened among young people. Additionally, training and awareness-raising targeting public officials is also mentioned. See para. 33, points no. 1 and 2 under educational and training measures. Para. 33 notes that legal measures contain the full and effective implementation at the national level of the relevant universal and European human rights instruments, adopting national

legisla-contain aspects of special interest for the research at hand in that they refer to inte-grating a gender perspective into policies and action, to creating conditions for the promotion and protection of the ethnic, cultural, linguistic and religious identity of persons belonging to national minorities, and to countering social exclusion and marginalisation, particularly by providing equal access to education, employment and housing. Furthermore, the Declaration proposes that special measures should be developed to actively involve the host society and encourage respect for cultural diversity, to promote fair treatment of non-nationals and to facilitate their integra-tion into social, cultural, political and economic life.⁷⁶⁶

The General Conclusions echo a number of issues brought up in the Political Dec-laration,⁷⁶⁷ but, partly because they comprise a longer document, they typically con-tain a more extensive treatment.⁷⁶⁸ The document also addresses some issues not raised in the Political Declaration, including remarks on the existence of certain forms of racism and prejudice in state institutions, the need to collect and publish data broken down also by sex and age, and the interaction between racist and sex-ist prejudice and stereotypes.⁷⁶⁹ While the need to increase understanding and ac-ceptance of differences is stressed,⁷⁷⁰ concern is also voiced over the existence of theories of supposedly insurmountable cultural differences between groups.⁷⁷¹ It is also noted that equal treatment by itself may not be enough if it does not overcome the weight of cumulative disadvantage suffered by persons who are victims of racial discrimination, racism and other forms of intolerance; accordingly it urges that a positive duty be imposed on public authorities to promote equality and to assess the impact of policies, as well as to prevent and punish violations.⁷⁷² The General Conclusions also address the integration of non-nationals into the host society and

tion and administrative measures, guaranteeing equality without discrimination (by ensuring equality of opportunity), providing support for victims, bringing to justice those responsible for racist acts and violence, and combating all forms of expression inciting racial hatred.

766. Para. 33, points no. 3–6 under policy measures. Policy measures refer also to the need to es-tablish national policies and action plans to combat racial discrimination, racism and other forms of intolerance, including discrimination on multiple grounds, and to ensure non-dis-criminatory treatment of non-nationals detained by public authorities, the effective access of all members of the community to the decision-making processes, and full equality for the Roma. See points no. 1–2 and 7–9.

767. These include e.g. the concern over the rise of religious intolerance, including anti-Semitism, and persisting prejudice and discrimination against the Roma. See Part B, para. 5, points no.10–12, and Part C, paras 29 and 30.

768. This concerns e.g. the question of multiple discrimination. See Part B, para. 4, and Part C, paras 24 and 25. The various measures to be taken at the national level are more elaborate.

See Part C. Gender dimensions are also acknowledged more clearly than in the Political Declaration. See Part C, para. 11, point no. 7, and para. 17.

769. See Part B, para. 5, point no. 8, and Part C, paras 8, 12, 25, 34 and 39.

770. Part C, para. 22.

771. Part B, para. 5, point no. 9.

772. Part B, para. 14.

call for the possibility of non-nationals to whom residency has been granted – tak-ing account of length of residence – to enjoy the rights necessary for full integration into the host society. The document is not more specific about what these rights en-tail in concrete terms, but merely refers to applying human rights and fundamental freedoms to all persons on the territories of states, irrespective of their nationality or legal status.⁷⁷³

The General Conclusions underline the importance of participation in decision-making processes⁷⁷⁴ and reiterate the link between participation and integration.⁷⁷⁵ The CoE states are called upon to promote the positive aspects of immigration among the general public, one means for which would be to stress the value of

The General Conclusions underline the importance of participation in decision-making processes⁷⁷⁴ and reiterate the link between participation and integration.⁷⁷⁵ The CoE states are called upon to promote the positive aspects of immigration among the general public, one means for which would be to stress the value of

In document Creating an integrated society and recognising differences : the role and limits of human rights, with special reference to Europe (sivua 148-155)