MINELRES: E-NEWS: NGO contributions requested for policy recommendation on the
fight against antisemitism
MINELRES moderator
[email protected]
Thu Apr 29 19:02:01 2004
Original sender: UNITED <[email protected]>
UNITED E-NEWS 22/4/04:
The European Commission against Racism and Intolerance of the Council
of Europe (ECRI) invites NGOs to send comments about their draft
Policy Recommendation on the fight against antisemitism (draft below
in English and French). Please send your remarks to ECRI directly
([email protected]). We appreciate a CC to UNITED
*Deadline 30 April*
****forwarded message***
The European Commission against Racism and Intolerance (ECRI) is
currently preparing its next General Policy Recommendation (N? 9),
which will focus on the fight against antisemitism.
Being profoundly convinced that combating antisemitism is an integral
and intrinsic component of the fight against racism, and observing
the persistence of antisemitism and its current increase in many
European countries, ECRI established a working group responsible for
finalising a draft of the Recommendation. ECRI hopes, by adopting a
legal text specifically devoted to this subject, to contribute in a
concrete and effective manner to the fight against all manifestations
of antisemitism in Europe.
The abovementioned working group wishes to consult NGOs, as well as
other institutions and persons with expertise in this area, on the
contents of the draft Recommendation it has prepared. The text of
this draft is contained in document CRI-GT-AS(2004)5, which you will
find below in French and in English.
ECRI Secretariat would therefore be grateful if you would kindly
examine the text of the draft Recommendation prepared by the working
group, and send your comments and suggestions concerning this text to
ECRI
These comments and suggestions should reach us before Friday 30 April
2004, at the latest, in order to be presented to the working group
with a view to finalising the draft Recommendation.
ECRI Secretariat would also be grateful if you would forward this
letter and text to other organisations, institutions and persons that
have expertise in this area and could provide helpful comments and
suggestions to the working group.
Please note that ECRI intends to examine the draft Recommendation
with a view to adopting it at its plenary session to be held on 22-25
June 2004.
The Secretariat thanks you for your co-operation and the interest
which you have shown in ECRI work.
Yours sincerely,
Isil GACHET
Executive Secretary to ECRI
ECRI Secretariat
Directorate General of Human Rights DG II
Council of Europe - F - 67075 Strasbourg Cedex
Tel.: +33 (0)3 88 41 29 64 - Fax: +33 (0)3 88 41 39 87
e-mail: [email protected]
e-mail: [email protected]
Internet: www.coe.int/ecri
**DRAFT RECOMMENDATION**
EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE (ECRI)
Working group on the fight against antisemitism
Draft text of ECRI General Policy Recommendation N� 9 on the fight
against antisemitism
This document contains the text of the draft ECRI General Policy
Recommendation N� 9 on the fight against antisemitism submitted for a
written consultation to NGOs and other institutions and persons with
expertise on the subject, by the working group in charge of the
elaboration of the draft text.
The European Commission against Racism and Intolerance:
(1) Recalling the Declaration adopted by the Heads of State and
Government of the member States of the Council of Europe at their
first Summit held in Vienna on
8-9 October 1993;
(2) Recalling that the Plan of Action on combating racism,
xenophobia, antisemitism and intolerance set out as part of this
Declaration invited the Committee of Ministers to establish the
European Commission against Racism and Intolerance with a mandate,
inter alia, to formulate General Policy Recommendations to member
States;
(3) Recalling also the Final Declaration and Action Plan adopted
by the Heads of State and Government of the member States of the
Council of Europe at their second Summit held in Strasbourg on 10-11
October 1997;
(4) Stressing that this Final Declaration confirms that the goal
of the member States of the Council of Europe is to build a freer,
more tolerant and just European society and that it calls for the
intensification of the fight against racism, xenophobia, antisemitism
and intolerance;
(5) Having regard to Article 14 of the European Convention on Human
Rights;
(6) Having regard to Protocol N� 12 to the European Convention on
Human Rights which contains a general clause prohibiting
discrimination;
(7) Having regard to the case-law of the European Court of Human
Rights and recalling that the Court held that disputing the existence
of crimes against humanity committed under the national-socialist
regime was one of the most severe forms of racial defamation and of
incitement to hatred of Jews and that the denial of such crimes
against humanity and the justification of a pro-nazi policy could not
be allowed to enjoy the protection afforded by Article 10 of the
European Convention on Human Rights;
(8) Having regard to the Additional Protocol to the Convention on
Cybercrime concerning criminalisation of acts of a racist or
xenophobic nature committed through computer systems;
(9) Recalling ECRI's General Policy Recommendation N� 1 on
combating racism, xenophobia, antisemitism and intolerance and ECRI's
General Policy Recommendation N� 2 on specialised bodies to combat
racism, xenophobia, antisemitism and intolerance at national level;
(10) Recalling also ECRI's General Policy Recommendation N� 7 on
national legislation to combat racism and racial discrimination,
which contains the key elements of appropriate legal measures in
combating racism and racial discrimination effectively;
(11) Bearing in mind the Declaration of Concern and Intent on
"Antisemitism in Europe today" adopted on 27 March 2000 by the
participants in the Strasbourg "Consultation on Antisemitism in
Europe today", convened by the Secretary General of the Council of
Europe;
(12) Having regard to Recommendation (2001) 15 of the Committee of
Ministers to member States on history teaching in twenty-first
century Europe, which was confirmed by Ministers of Education at the
ministerial seminar held in Strasbourg in October 2002;
(13) Recalling the principles contained in the Charter of European
political parties for a non-racist society;
(14) Taking note of the conclusions of the OSCE Conferences on
Antisemitism held in Vienna on 19-20 June 2003 [and in Berlin on
28-29 April 2004];
(15) Recalling the work of the European Union in combating racism
and discrimination and taking note of the conclusions of the seminar
on "Europe against antisemitism, for a Union of Diversity" organised
in Brussels on 19 February 2004;
(16) Recalling that the legacy of Europe's history is a duty to
remember the past by remaining vigilant and actively opposing any
manifestations of racism, xenophobia, antisemitism and intolerance;
(17) Paying homage to the memory of the victims of the persecution
and extermination of Jews in the Holocaust, as well as of the other
victims of policies of racist persecution and extermination during
the Second World War;
(18) Stressing in this respect that the Council of Europe was
precisely founded in order to defend and promote common and just
values - in particular the protection and promotion of human rights -
around which Europe was rebuilt after the horrors of the Second World
War;
(19) Recalling that combating racism, xenophobia, antisemitism and
intolerance is rooted in and forms part of the protection and
promotion of human rights;
(20) Profoundly convinced that combating antisemitism is an
integral and intrinsic component of the fight against racism;
(21) Observing the persistence of antisemitism and its increase in
many European countries, and stressing that this increase is also
characterised by new manifestations of antisemitism;
(22) Noting that these manifestations have often closely followed
contemporary world developments such as the situation in the Middle
East;
(23) Underlining that these manifestations do not stem exclusively
from the actions of marginal or radical groups, but are often
mainstream phenomena that are becoming increasingly perceived as
commonplace occurrences;
(24) Stressing that these manifestations originate in different
social groups and different sectors of society;
(25) Noting that in a number of countries, antisemitism continues
to be promoted by some political parties and leaders, including not
only extremist parties, but also certain mainstream parties;
(26) Believing that an adequate response to these phenomena can
only be developed through the concerted efforts of all relevant
actors in European societies, including representatives of different
communities, religious leaders, civil society organisations and other
key institutions;
(27) Stressing that efforts to counter antisemitism should include
the thorough implementation of legal provisions against racism and
racial discrimination in respect of all perpetrators and for the
benefit of all victims, with special emphasis on the provisions
against incitement to racial violence, hatred and discrimination;
(28) Convinced furthermore that these efforts should also include
the promotion of dialogue between the different segments of society
on the local and national levels, including dialogue between
different religious communities;
(29) Emphasising strongly the role of education in the promotion
of tolerance and respect for human rights, thereby against
antisemitism;
Recommends that the governments of the member States:
(30) give a high priority to the fight against antisemitism,
taking all necessary measures to combat all of its contemporary
manifestations, regardless of their origin;
(31) ensure that actions aimed at countering antisemitism are
consistently given their due place amongst actions aimed at
countering racism more generally;
(32) ensure that the fight against antisemitism is carried out at
all administrative levels (national, regional, local) and facilitate
the involvement of a wide range of actors from different sectors of
society (political, legal, social, religious, educational) in these
efforts;
(33) enact legislation aimed at combating antisemitism taking into
account ECRI's suggestions in its General Policy Recommendation No 7
on national legislation to combat racism and racial discrimination;
(34) ensure that the law provides that, for all criminal offences,
racist motivation constitutes an aggravating circumstance, and that
such motivation covers antisemitic motivation;
(35) ensure that criminal law in the field of combating
racism covers antisemitism and penalises the following acts when
committed intentionally:
a. public incitement to violence, hatred or discrimination of
Jewish persons and communities;
b. public insults and defamation of Jewish persons or communities;
c. threats against a person or persons on the grounds of their
being Jewish;
d. the public expression, with an antisemitic aim, of an
ideology which depreciates or denigrates Jewish persons or
communities;
e. the public denial, trivialisation, justification or condoning
of the Holocaust (Shoah) and other crimes of genocide, crimes against
humanity or war crimes committed against Jewish persons or
communities;
f. the public dissemination or public distribution, or the
production or storage aimed at public dissemination or public
distribution, with an antisemitic aim, of written, pictorial or other
material containing manifestations covered by points a - e above;
g. degradation and profanation, with an antisemitic aim, of
Jewish property and monuments;
h. the creation or the leadership of a group which promotes
antisemitism; support for such a group; participation in its
activities with the intention of contributing to the offences covered
by points a - g above;
(36) ensure that, where relevant, criminal legislation covers
crimes committed via the internet;
(37) ensure that the law provides for an obligation to suppress
public financing of organisations which promote antisemitism,
including political parties;
(38) ensure that the law provides for the possibility of
disbanding organisations that promote antisemitism;
(39) take the appropriate measures to ensure that legislation
aimed at preventing antisemitism is effectively implemented;
(40) offer specific training to persons involved at all levels of
the criminal justice system - police, prosecutors, judges - with a
view to increasing knowledge about antisemitic crimes and how such
acts can be effectively prosecuted;
(41) establish and support the functioning of an independent
specialised body along the lines set out in ECRI's General Policy
Recommendation No 2 on Specialised bodies to combat racism,
xenophobia, antisemitism and intolerance at national level, and
ensure that the actions carried out by this organ cover all
contemporary forms of antisemitism;
(42) introduce anti-racist education into the school curriculum at
all levels and in an integrated manner, including content that builds
awareness about antisemitism, its occurrences through centuries and
the importance of combating its various manifestations, ensuring that
teachers are provided with the necessary training;
(43) promote learning about Jewish history as well as about the
positive contribution of Jewish communities to European societies;
(44) promote learning about the Holocaust within schools and
ensure that teachers are adequately trained in order to address this
sensitive issue in a manner whereby children also reflect upon
current dangers and how the recurrence of such an event can be
prevented;
(45) where antisemitic acts take place in a school context, ensure
that school directors, teachers and other personnel are adequately
prepared to effectively address this problem;
(46) encourage debate within the media professions on their role
in fighting antisemitism, and on the particular responsibility of
media professionals to, in this connection, report on all world
events in a neutral and unbiased manner and avoid perpetuating
prejudices;
(47) support the positive role the media can play in promoting
mutual respect and countering antisemitic stereotypes and prejudices;
(48) support the activities of non-governmental organisations,
which play an important role in fighting antisemitism and promoting
appreciation of diversity;
(49) take the necessary measures to ensure that the freedom of
religion is fully guaranteed, and that public institutions make
provision in their everyday practice for the reasonable accommodation
of cultural and other requirements;
(50) support dialogue between different religious communities at
local and national levels in order to counter racist stereotypes and
prejudices;
(51) ensure that religious leaders at all levels avoid fueling
antisemitism, and encourage religious leaders to take responsibility
for the teachings spread at the grassroots level;
(52) encourage political actors and opinion leaders to take a firm
public stand against antisemitism, regularly speaking out against its
various contemporary manifestations and making clear that
antisemitism will not be tolerated.
--
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