A/55/304
B. Other European countries
38. On 6 June 2000, the Ministers of Labour and
Social Affairs of the European Union, meeting in
Luxembourg, approved a directive aimed at combating
all forms of discrimination based on race or ethnic
origin. The anti-racism directive expands upon the
recommendations of the Amsterdam Treaty concerning
discrimination. It covers not just employment but all
aspects of everyday life, from schools to transportation
to social welfare. What is new about the directive is
that it favours the complainant. It shifts the burden of
proof from just the complainant to the company (or
other institution) accused in the complaint as well,
whereas the laws of many countries still require the
complainant to provide evidence to substantiate his or
her complaint. The States members of the European
Union have three years in which to bring their
legislation into line with the 6 June 2000 directive. The
member States also considered another directive
concerning job discrimination based, in addition to
ethnic or racial origin, on, inter alia, age, disability,
religion or sexual orientation.
39. The Special Rapporteur has maintained excellent
cooperative relations with the European Commission
against Racism and Intolerance since it was set up in
1994 as an outcome of the first Summit of Heads of
State and of Government of the member States of the
Council of Europe convened to tackle the growing
problems of racism, xenophobia, anti-Semitism and
intolerance threatening human rights and democratic
values in Europe. The Commission has produced two
very interesting publications, one on good practices in
combating racism and intolerance in the media in
Europe and the other on specialized bodies to combat
racism, xenophobia, anti-Semitism and intolerance at
the national level. These two brochures are highly
informative and deserve to be more widely known.
They could inspire similar initiatives in other regions
of the world in the struggle against racism, racial
discrimination, xenophobia and related intolerance.
V. Action by civil society
40. In Germany, following the Düsseldorf attack,
Paul Spiegel, President of the Central Council of Jews
in Germany, warned of a new exodus of Jews and
called for all-out mobilization and a massive campaign.
“We are not going to let a gang of lunatic-fringe
10
elements destroy what we have taken 55 years to
build”, he said. In conjunction with the federal
government spokesman, the Council announced a
“pact” to mobilize citizens against the far right. The
initiative already has the support of a score of wellknown athletes, artists, actors and journalists. Under
the slogan, “Show your colours”, the aim is to mobilize
a “democratic resistance” to xenophobia and antiSemitism (as reported in Le Monde on 8 August 2000).
A number of trade unions and professional associations
have also mobilized against the resurgence of racism
and xenophobia. The League of German Industry
advocates dismissing employees who disturb the peace
of a company by behaviour harmful to others. The
postal union is calling for the prohibition of mail which
from the outside can be seen to be attributable to
extremists. Several thousand people rallied in Munich
on Sunday, 13 August 2000, in a mass demonstration
against racism and xenophobia.
41. In France, the organization SOS-Racisme carried
out an operation on the night of 17 to 18 March 2000 to
identify
nightclubs
which
practise
racial
discrimination, so as to gather the evidence with which
to effectively take court action. Members of the
organization, in some cases accompanied by a bailiff,
visited 88 clubs in 20 major cities. In each case, three
couples, one white, one black and one North African,
sought admission to a given discothèque. The white
couple was always admitted, the black couple
sometimes and the North African couple never.
Discriminatory practices were observed in 60 per cent
of the Parisian clubs visited. Blatant racial
discrimination was observed at the entrance to 45 of
the 88 nightclubs visited. According to SOS-Racisme,
the cities where ethnic selectivity is most prevalent are
Lille, Reims, Montpellier, Bordeaux and Paris.
42. An Internet site called I CARE (Internet Centre
Anti-Racism Europe, www.icare.to) has been set up by
the Magenta Foundation (Netherlands) and the
European non-governmental organization United for
Intercultural Action. Its aim is to coordinate the
activities of over 1,500 organizations in over 108
countries with a view to mounting active resistance to
racism and racial discrimination.
43. The Special Rapporteur welcomes the effective
action which non-governmental organizations are
taking on the ground. He hopes that their cooperation
with him will intensify, particularly in the context of
preparations for the World Conference against Racism,