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OSCE 2000 HUMAN DIMENSION IMPLEMENTATION MEETING
INTERVENTION

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PRESS RELEASE

IHF INTERVENTION ON Tolerance and non-discrimination

 

23 October 2000


 

 

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IHF INTERVENTION ON Tolerance and non-discrimination

 

23 October 2000

Mr. Chairman,

 

All Western European countries have their share of right wing parties promoting intolerant ideas. Some fall on their own irresponsibility, like one marginal Norwegian party, which some years ago propagated that all adopted children of non-Norwegian origin should be sterilised. Other parties hit a larger audience like seen in recent years in France, Austria, the latest local elections in Belgium, and the recent advances of the Norwegian progress party.

 

We would like to draw your attention to the recommendations made by the European Monitoring Centre on Racism and Xenophobia, as well as the NGO forum of the European Conference against Racism, that political parties should explicitly refuse to work together with or form a coalition with parties which are propagating racist ideologies or inciting ethnic hatred through their program, election campaigns, or statements by individual party members.

 

Negative stereotyping of foreigners and members of ethnic minorities in media leaves them vulnerable to discrimination in employment, housing and education. When they are subjected to discriminatory practices in employment and to various forms of abuse it reinforces the perception that they are not equal to nationals. Undocumented migrants are particularly vulnerable to racist violence and exploitation by employers, landlords, police and others, who may take advantage of their situation. They are routinely unjustly labelled by media, politicians and other public figures as criminals, taking jobs away from nationals – thus providing those with an inclination towards violence with an apparent justification for attacking foreigners.

 

The media is traditionally representing the majority population, and should bear a much larger responsibility in showing positive sides of migrant culture, not only images of “fanatical muslims”, wars, famine and underdevelopment. In particular, we would like to criticise the practice of many printed media to highlight when a crime has been committed by a ”foreign” perpetrator. This is never done when a crime is committed by a national.

 

Even if a country’s Constitution practically always proclaims equal treatment and rights, the case legislation for individual lawsuits is insufficient, sometimes surprisingly so.

 

In Norway, a real estate rental agency published an advertisement stating “no foreigners”. This case was taking to court based on paragraph 135 of the penal code, the so-called Racism Paragraph, and it was expected to be a clear breach of the law. However, the procurator surprisingly lost the case, and it is now pending before the Supreme Court. This shows very clearly that relevant legislation have often not been properly tested, and turns out to be not sufficient when it comes to a real case.

 

In Sweden, racist and Nazi ideologies are gaining in popularity. Crimes that have been conclusively linked to the White Power movement have taken more and more violent forms in the past year, resulting in four cases of murder or manslaughter and the same number of attempted cases of murder or manslaughter. Sweden is one of the leading countries in the world with respect to the production and distribution of "White Noise" music, which plays a central role in the neo-nazi identity. The courts, however, failed to react adequately in order to convict the producers of that music.

 

On 23 March 2000, in its report on Denmark, the UN Committee on the Elimination of Racial Discrimination expressed its concern about activities of organizations promoting racial hatred and discrimination, particularly in relation to a radio station owned by a neo-Nazi association whose license was renewed by the Ministry of Culture. The radio station also benefited from government financing.

 

 

 

 

 

 

On 25 August 2000, the same Committee considered a report of Finland.  It reiterated its concern over the absence of a law prohibiting and punishing organizations that promoted and incited racial discrimination and a provision in the penal code declaring any dissemination of ideas based on racial superiority or hatred punishable by law. There are concerns about the fact that Roma are clearly subjected to discrimination, and that the question of land ownership of the Sami is still not resolved. Racist attacks are increasing.

 

Xenophobia and racism appear to be on the rise in Germany. In proportion to the population, by far the largest number of violent incidents have been recorded in the so-called new federal states of  the former East Germany. Between January and the end of June 1999, the German NGO Antifaschistische Aktion recorded over 70 racially-motivated violent attacks alone against individuals in Brandenburg. This figure was three times higher than the number published by the Ministry of Interior. The police appear to play down the problem, often claiming that the attacks are not racially motivated. The police in Berlin have systematically refused to report such incidents to the press – with the exception of the most spectacular cases – although the city is a center for right-wing violence.

 

Recently, a Viennese shop had a sign on the door saying that they would not serve French, Belgian and others who supported EU sanctions.  Austria still has no legal provisions of redress for discriminatory acts or behavior that are based on racial, gender, ethnic or religious motives, making it impossible to punish such acts.

 

Also, public officials who abuse their authority are rarely disciplined. The European Roma Rights Center, an IHF Cooperating organization, stated that Austrian courts have been reluctant to rule police officers guilty of racially motivated crimes. It is feared that the Austrian police itself are infected by racism on a systematic basis. Also, numerous cases of alleged police misconduct against black-skinned persons have taken place this year. In many cases the victims have been insulted with discriminatory vocabulary, and some of them ill-treated so badly that they have been hospitalized.

 

In Spain, the IHF is concerned about the recent incidents of violence against persons of Moroccan nationality in El Ejido, in the region of Almería. A commission of inquiries consisting of, among others, representatives of the French Helsinki Committee and SOS Racism Spain visited El Ejido following the above-mentioned incidents. It concluded that the aggression was not a spontaneous act, but planned and well organized (see IHF Report for this Meeting for more details). 693 complaints were presented to the tribunal in El Ejido fllowing these events. However, only 21 complaints have been accepted.

 

In Slovakia, the Czech Republic, Hungary and other Central European countries in the region, the situation of the Roma minority continues to be a serious social problem. The living conditions of the Roma population in Slovakia are appalling. Many Roma live in deplorable slums, which often lack drinking water. They are virtually racially segregated particularly in the areas of employment and education. Also the attitude of authorities remains inadequate. In general, the police and courts are still reluctant to admit that physical attacks by skinheads against the Roma and foreigners are racially motivated.

 

In Ukraine, people of African, Asian and “Caucasian” origin, Tatars and Roma are regular targets of police abuse. Police have the right to stop them for identity checks, and, if their documents are suspicious, to detain them.  In addition to harassment by the police, Africans often fall victim to ultra-rightist racist aggression. As a rule, such cases are not investigated by the police. Since the beginning of the war in Chechnya, the police and security services have targeted Chechens staying in Ukraine temporarily. They are regularly detained and their homes are searched – allegedly because of suspected terrorism.

 

I order to address the rampant racism in Europe, the IHF appeals to OSCE States that have not yet done so to adopt a comprehensive anti-discriminatory legislation, and to adopt provisions aiming at increasing sentences for racially motivated crimes. Measures should be taken both on national and municipal levels to improve the situation of the Roma minority, that suffers discrimination and falls to racial attacks everywhere in Europe.

 

Thank you Mr. Chairman.

 

O

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