Equal voices

Fra — European Union Agency For Fundamental Rights

Description

Issue 21, October 2007
Fundamental rights
Social policy
Target audience: General public

Sujets

• Human rights
• Periodical publication

Informations

• Publié par: FRA-EUROPEAN-UNION-AGENCY-FOR-FUNDAMENTAL-RIGHTS
• Nombre de lectures: 54
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

I

EqualVoices SSUE 21 | OCTOBER 2007

EU launches new Agency for Fundamental Rights

e opening of the Fundamental Rights Agency in Vienna

Interview with Terry Davis, Secretary General of the Council of Europe

e added-value of the European Union Agency for Fundamental Rights

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Welcome to Equal Voices

e FRA team is pleased to welcome all readers to this issue of Equal Voices. Equal Voices consists of articles and features with analysis, new research, expert input, surveys, and good practice examples on a topic related to FRA’s mandate. e opinions expressed by the authors do not necessarily reflect those of FRA. You can get a free subscription of Equal Voices by email at [e-mail]. We also very much welcome any comments you might have. All articles of this issue are available in English, French and German at http://fra.europa.eu

e FRA team

Bienvenue à notre magazine Equal Voices L’   équipe de FRA est heureuse d’accueillir tous les lecteurs de cette édition d’Equal Voices. Equal Voices contient des articles ainsi qui des analyses, des nouvelles recherches, des contributions de spé- cialistes, des enquêtes, et des exemples de bonne pratique sur un sujet en relation avec le mandat de FRA. Les opinions exprimées par les auteurs ne re- flètent par nécessairement l’opinion de FRA. Vous pouvez vous abonner gratuitement à ce maga- zine par courriel à [e-mail]. Nous serions également heureux de recevoir vos commen- taires et suggestions. Tous les articles de cette édi- tion sont publiés en français, anglais et allemand à http://fra.europa.eu L’   équipe de FRA

Willkommen bei Equal Voices

Das Team der FRA begrüßt alle Leserinnen und Leser zu dieser Ausgabe von Equal Voices. Der Inhalt beste- ht aus Artikeln und Dokumentationen mit Analysen, neuen Forschungsergebnissen, Beiträgen von Experten, Erhebungen sowie „good practice“ Beispielen aus dem emenbereich des Mandats der FRA. Die in diesem Magazin veröffentlichten Meinungen müssen nicht unbedingt mit denen der FRA übereinstimmen. Sie können dieses kostenlose Magazin bei media@ fra.europa.eu bestellen. Gerne nehmen wir auch Kommentare und Anregungen entgegen. Alle Ar- tikel dieser Ausgabe werden in deutscher, englischer und französischer Sprache auf http://fra.europa.eu veröffentlicht. Das FRA-Team

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COnTEnTS FRA - the European Union Agency for Fundamental Rights ................................................................. .................................................................. 4 e opening of the Fundamental Rights Agency in Vienna Welcoming speech by Ursula Plassnik, Foreign Minister of Austria ........................................................... ................................................................................ 6 Human Rights: A thread of light through Europe‘s history Speech by José Manuel Barroso, EU Commission President ...................... 8

Speech by Kinga Gál, Member of European Parliament ...................................... ................ 10 Speech by Brigitte Zypries, German Federal Minister of Justice ........... ................. 11 Fundamental Rights: Fundamental to Europe‘s identity Speech by Franco Frattini, EU Commission Vice President ...... ...........   12 Speech by Alfred Gusenbauer, Federal Chancellor of Austria .............................. .... 14 e challenges for the new EU Agency for Fundamental Rightsby Anastasia Crickley ................................................. ....... 16 Changing perspectives: Europe’s diverse society is subject to changeby Beate Winkler ............................................................................................ 20

Interview with Terry Davis, Secretary General of the Council of Europe ... ......................................................................... 24

e added-value of the European Union Agency for Fundamental Rightsby Olivier de Schutter ........................................................... 27 NGO views on the new Fundamental Rights Agency .............. ............... 31 Equinet welcomes the European Union Agency for Fundamental Rightsby Chila van der Bas ............................................... ........ 36 Engaging the European Union – a National Human Rights Institution Perspectiveby Maurice Manning . .................................... 38 IMPRINT Publisher European Union Agency for Fundamental Rights (FRA), A-1060 Vienna, Rahlgasse 3, Tel.: [phone], Fax: [phone], E-mail: [e-mail], Web: http://fra.europa.eu Art workred hot ’n’ cool, Vienna

EDITORIAL

e new EU Agency for Funda- mental Rights (FRA) has been launched on 1 March 2007. now it is a period of change and a very good opportunity: FRA will aim to contribute to the promotion and respect of fundamental rights. It will provide the EU with assistance and expert advice on funda- mental rights issues. is will, of course, be a gradual process. During the transition phase, FRA will continue working on racism, xenophobia and related intolerance. Its overall themat- ic priorities will be outlined in what is called a “Multi-annual Framework” (MAF). Once this is in place, the Agency will extend its work into the new areas. e work of the EUMC provides an excellent basis to build FRA upon and that expe- rience and expertise will make a valuable contribution to the establishment of FRA. is edition of our magazine “E al Voices” is devoted to qu the new Agency itself: its tasks and scope, different stakehold- er opinions, and a review of its opening ceremony.

FRA’s main tasks will con- tinue to include the collec- tion, analysis and dissemina- tion of objective, reliable and comparable information on fundamental rights in the EU. is is an important recogni- tion by policy makers of the importance of data collec- tion to identify trends and

development and aid more effective policy making. is will complement the existing work of the Council of Europe, the Un and the OSCE. At the same time, strong cooperation and networking with national and international human rights institutions and organisations will help to avoid duplication and reinforce international human rights protection. FRA will also continue to combat racism which will remain a priority. is work will benefit from linkages to the wider fundamental rights arena and its stakeholders, including national human rights institu- tions and human rights nGOs. In this context I strongly wel- come that the level of coop- eration with civil society was given added emphasis within the scope of FRA’s mandate. I am convinced that both FRA and civil society organisations can benefit from effective col- laboration. FRA’s work must be informed by civil society organisations with contacts with vulnerable communi- ties, marginalised groups, and those who are excluded from the decision-making processes. Outreach to civil society can contribute to transparency and public understanding of FRA’s work. Only together we can create a “culture for Human Rights”.

Awareness raising is another new task entrusted to FRA.

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e EU has one of the most advanced anti-discrimination legislations and protection mechanisms in the world – yet people need to be aware of their rights in order to exercise them. To this end, FRA will develop a comprehensive com- munication strategy in order to raise awareness and to bring the EU closer to its people. Europe’s key challenge for the future is to promote an inclusive society on the basis of respect of, and adherence to, fundamental rights, diversity and equality; and placing the combat against discrimina- tion into a fundamental rights context conveys an important message to all: Equal treatment is a right and not a privilege. I firmly believe that the new Fundamental Rights Agency can continue and intensify its support to this sort of Europe that we can all share in equally and be proud of.

Beate Winkler FRA Interim Director

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FRA - the European Union Agency for Fundamental Rights

e new European Union Agency for Fundamental Rights will provide the Community and its Member States, when implementing Community law, with assistance and expertise relating to fundamental rights. e aim is to support them to respect fully fundamental rights when they take measures or formulate courses of action. e FRA succeeds the European Monitoring Centre on Racism and Xenophobia (EUMC) but, within its enlarged scope, will continue with its work on racism, xenophobia, anti-Semitism and related intolerance. e new Agency will also build on the EUMC’s experience of data collection mechanisms and cooperation with governments and international organisations. However, FRA’s Regulation gives more emphasis than the EUMC’s to two dimensions: raising public awareness and cooperation with civil society.

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FRA’s thematic areas of activ- ity will be determined by a Multiannual Framework, to be adopted by the Council of the European Union. e Agency focuses on the situation of

fundamental rights in the EU and its 27 Member States. Candidate Countries, as well as countries which have conclud- ed a Stabilisation and Associa- tion Agreement with the EU, may be invited to participate as observers.

After an organisational set-up phase, FRA is expected to extend its operational activities

in 2008 into all the areas of the Multiannual Framework. Inauguration of the new Agency e new Agency was inaugu- rated by European Commis- sion President José Manuel Barroso, together with Aus- tria’s Federal Chancellor Alfred Gusenbauer, on 1 March 2007. Among those attending the launch in Vienna were the Vice President of the European Commission, Franco Frattini, the Austrian Federal Minister for European and International

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Affairs, the German Minis- ter of Justice, the Secretary

General of the Council of Europe, Members of the Euro- pean Parliament, civil society representatives, representa- tives from Un and OSCE, and many other EU and Member State officials. e following pages give an overview of the keynote speeches at the launch ceremony.

http://fra.europa.eu/

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e opening of the Fundamental Rights Agency in Vienna

Speech by Ursula Plassnik 1 , Foreign Minister of Austria

I would like to bid you a cordial % acting in close cooperation e fundamental rights and welcome to the opening of the with civil society, keeping a human rights standards devel- European Union Agency for finger on the pulse of human oped in the last 60 years are Fundamental Rights in Vienna. rights challenges and, as a unique in the history of our ‘centre of knowledge’, itself continent. ey provide proof For the first time, we are set- acting as a driving force of the untiring commitment of ting up an innovative centre of for European human rights the Council of Europe and the competence for human rights policy; OSCE, along with its Office for within the European Union Democratic Institutions and % and closing a specific loophole building on the Monitoring Human Rights. in the European human rights Centre’s successful work in system. fighting racism and xenopho- ey rightly serve as an example bia. We would like to thank throughout the world. We can Its work includes the following: the Director, Dr Beate Win- be proud of these standards. kler, for her pioneering work %  are the most profound setting up the European eyacting as the ‘eyes and ears’ in of human rights in the Monitoring Centre on Rac- expression of the European everyday working life of the ism and Xenophobia; Union as a community of val- European Union and ensur- ues, but there are no grounds providing assistance on ques-ing that human rights are % for complacency; we cannot sit incorporated into EU law at tions of integration, that is to back. Protecting human rights the preparation and imple- say questions regarding the mentation stages, as it were daily interaction of differ- ‘ c u r p e s a t t r i e n a g  m le ’  g i i n s   l t a h t e i   o p n r ;  ocess of ent traditions, cultures and   se“e ightly religions in an atmosphere of y r rve trust while upholding funda- % functionin a human rights as an example g as mental rights. coach, accompanying our throughout the neighbours in the WesternLadies and Gentlemen!  Balkans on their European world. We can path as they adopt the Euro- Only a few weeks before the be proud of these pean Union’s body of legisla- 50th anniversary of the Treaties tion on fundamental rights; of Rome, the European Union is standards.“ thus taking a remarkable step, % as the centre of a close-knit providing a prime example of network of different partners an adaptive organisation. is a dynamic challenge which in the human rights sphere we must constantly set our- from across Europe, consoli- At heart, this is a matter of selves anew. dating and thus strengthen- adding another building block ing the activities of European to the structure of the citizens’ e Agency’s independence Union institutions, Member Europe and of implementing will further underpin our cred- States, nGOs and even indi- our generation’s European ibility with respect to the Eu- vidual interested citizens; peace project. ropean Union’s global commit- 1 speech held in German; original available at http://fra.europa.eu

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ment to human rights, because a credible foreign policy begins at home. ere is no doubt that a European Union which seam- lessly integrates fundamental rights into its thought process- es and working processes can communicate the challenges of protecting human rights to the world even more convincingly.

Ladies and Gentlemen!

Austria’s commitment in the field of human rights is an unalterable component of our politics. We launched the idea of an EU human rights agency back in 1998, during the Aus- trian presidency of the Council of the European Union. At that time, we took up the proposal made by an interna- tional group of experts centred around Judge Antonio Cassese, former Secretary General of the Council of Europe Cather- ine Lalumière, Professor Peter Leuprecht and former United nations High Commissioner for Human Rights Mary Robin- son on the occasion of the 50th anniversary of the Universal Declaration of Human Rights. We would like to express our gratitude to them.

Five years later, at the Brus- sels European Council in December 2003, the go head was given on the initiative of Federal Chancellor Wolfgang Schüssel.

Minister Ursula Plassnik

e next stage begins now. I would like to thank Permanent Secretary Kirsti Rissanen for the close cooperation between Austria and Finland during the Council presidency. I am certain that the Agency will be able to profit from its host city, Vienna, the head- quarters of many international organisations and a place with a tradition of encounter and di- alogue between cultures. As an intersection of many connect- ing lines with our neighbours in the Balkans, Vienna can also make a substantial contribu- tion to our better understand- ing of one another.

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e European Union is a hu- man rights union. Let us work together to ensure that the Agency becomes known as the European Un- ion’s centre of competence for human rights and that it taps its full potential in its daily work. And that its work for the people of Europe gets off to a successful start, embodying the motto ‘Europe is listening’ with keen eyes and attentive ears.

All the best!

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Human Rights: A thread of light through Europe‘s history

Speech by José Manuel Barroso, EU Commission President

Let me begin by thanking economic and social rights en- Chancellor Gusenbauer and joyed by EU citizens vis-à-vis Mayor Häupl of the City of Vi- the EU institutions. enna for their warm welcome, for hosting today‘s launch of is centuries-long evolution the European Union Agency in citizens‘ rights reflects our for Fundamental Rights – and deep belief in the essential indeed for hosting the Agency worth and dignity of each itself. individual. It is perhaps one of Euro ‘ greatest gifts to the pe s And let me also thank the world. predecessor of the Agency, the European Monitoring Centre It has influenced and inspired on Racism and Xenophobia nations across the globe, and that, under the direction of Ms led to the adoption of the Uni- Winkler, has paved the way for versal Declaration of Human the new Agency. Rights by the United nations – a document Eleanor Roo- Fundamental rights are univer- sevelt hoped would‘become the sal by their nature. All aroundinternational Magna Carta for the world, people struggleall men everywhere.‘ against injustice, against ar- bitrary arrest, and against the It is my hope and belief that erosion of their civil liberties. the European Union Agency for Fundamental Rights will be And yet the history of the seen by future generations as an codification of fundamental extension of that thread of light. rights has a distinctly Europe- an flavour. It runs like a thread Respect for the rule of law, of light from England‘s Magna respect for individual rights, Carta of 1215 and Bill of Rights respect for the essential liberty in 1689, to the French Déclara- of citizens: these are all core tion des Droits de l‘Homme characteristics of Europe. is of 1789 and the European agency will help to consolidate Convention on Human Rights that even further, putting the of 1950. individual, regardless of politi- cal and cultural differences, at e European Union‘s Charter the very centre of the European of Fundamental Rights in 2000 Union. is another logical step in this development. It draws together It will do this by collecting and into a single, simple text all analysing data, by advising the personal, civic, political, the EU and its Member States

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on how best to prepare or implement legislation related to fundamental rights, and – crucially – by raising public awareness, and forging links with civil society. I am aware that the establish- ment of this agency has not been universally hailed. Con- cerns have been expressed that the distinction between the defence of fundamental rights as a legal acquis on the one hand and the shaping of policies as a democratic process might be blurred by the establishment of an executive, not judicial, body dealing with fundamen- tal rights. Concerns have also been expressed that the Agency might duplicate some of the work so successfully carried out by the human rights bodies of the Council of Europe.

So let me be clear: this agency will not confound fundamental rights with social engineer- ing. Its constitution has been

EU Commission President José Manuel Barroso at the opening ceremony of the EU Fundamental Rights Agency

designed to guarantee that Ladies and gentlemen,

the furthering of fundamental rights cannot be construed as During the 20th century, the furthering a specific political great legal theorist and son of agenda. Vienna, Hans Kelsen, turned our ideas about the interna- Furthermore, it will not dupli- tional protection of fundamen- cate the fine work being done tal rights on their head. His in this area by others. e work paved the way for a giant Council of Europe has been a leap forward in the protection leading light in the field of hu- of fundamental rights. man rights, and I look forward to the EU Agency building a As those familiar with his close relationship with it, in thinking know very well, Kel- order to complement its work. sen was wary of the possibility In fact, negotiations will start to find absolute truth and ab- tomorrow to conclude a coop- solute values. But as he himself eration agreement, and I hope put it: he who is sceptical of this will address the concerns absolute truth must admit that expressed. somebody else‘s opinion can be as valid as one‘s own. It is this nor will the Agency substitute spirit of pluralism that is at the for due legal process. Funda- basis of our democracies, and mental rights are first and fore- at the same time of our respect most rights. ey are enjoyed for fundamental rights. by the people. ey have to be respected by public authori- Kelsen once said: „ (…) ich ties. ey are enforced by the weiß nicht und kann nicht courts with full jurisdictional sagen, was Gerechtigkeit ist, independence. die absolute Gerechtigkeit,

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dieser schöne Traum der Menschheit. Ich muß mich mit einer relativen Gerechtigkeit begnügen und kann nur sagen, was Gerechtigkeit für mich ist. Da Wissenschaft mein Beruf ist und sohin das Wichtigste in meinem Leben, ist es jene Gerechtigkeit, unter deren Schutz Wissenschaft, und mit Wissenschaft, Wahrheit und Aufrichtigkeit gedeihen kön- nen. Es ist die Gerechtigkeit der Freiheit, die Gerechtigkeit des Friedens, die Gerechtigkeit der Demokratie, die Gerech- tigkeit der Toleranz.“ (Hans Kelsen, Was ist Gerechtigkeit, 1953, 2. Auflage 1975, S. 43) I think if he were alive today, he might just recommend to the new Agency to go about its task in this spirit. And in this spirit, I will finish by wishing the European Union Agency for Fundamental Rights every success.

ank you.

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For me, the rapporteur of the European Parliament for the Fundamental Rights Agency is a special moment to be here at the launch of this Agency, which becomes reality after so many rounds of negotia- tions, debates and of course controversies. e fact that we are here today reflects the compromises, a common wish towards an increased protec- tion and promotion of funda- mental rights in the European Union. e inauguration of the Agency should not only be a reason for celebration - as Am- nesty International wrote in its briefing prepared for today - it should also be a moment to acknowledge that it is time to start addressing the hard issues of fundamental rights within the EU.

Let me now read the message on behalf of the President of the European Parliament:

Ladies and Gentlemen, It is a great pleasure and above all a great honour for me to take the floor in front of such a prestigious assembly, and to be able to attend with you such a great event as the inauguration of the European Union Agency for Fundamental Rights.

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Speech by Kinga Gál, Member of European Parliament

e creation of such an Agency constitutes, I am glad to say, evidence of the importance that the European institutions attach to the protection and the promotion of fundamental rights. is was already mani- fest when the European Union adopted the Treaty of Amster- dam, which made the protec- tion of these rights one of the main objectives of the EU. is became again obvious when the Charter on Funda- mental Rights was adopted in nice in December 2000. But with the creation of an Agency designed to protect these rights, the Union went a step further and reaffirmed clearly and firmly that human dignity is an inalienable right, and that this right should constitute the very basis of any Constitu- tion the European Union may decide to adopt.

As you all know, the European Parliament is now a fully- fledged legislator for most areas of competence of the EU. As you also know, the Eu- ropean Parliament has an important role to play in order to ensure that the principles enshrined in article VI of the EU Treaty are respected. Independent expertise, it goes without saying, is necessary when measures are to be taken in such instances.

at is one of the reasons why the European Parliament is relying of the Agency‘s capac- ity to examine any question related to the fundamental rights. now, we still have important tasks ahead. Crucial decisions have to be made and, I must say, the European Parliament is expecting the Member States to come forward with high level candidates not only for the Management Board, but also for the post of Director. e European Parliament shares the view that the newly created Agency should become the „promotion centre“ of a culture of Fundamental Rights in the European Union, by being some sort of network of all these networks which are already at work in all Member States in the field of fundamen- tal rights. Ladies and Gentlemen, I can assure you that the European Parliament - and its commit- tees - will follow with close attention the next steps of the implementation of the Regula- tion, with the strong hope that we will now be able to make up for the time which has been lost at some stages of the realization of this ambitious project.

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Speech by Brigitte Zypries 1 ,   German Federal Minister of Justice

e EU Charter the constitutional treaty is also, of Fundamental in particular, to help increase Rights sets out the significance of the funda- the fundamen- mental rights of Europe’s citi- tal rights of EU zens. is is important because citizens. e Europe is nowadays far more protection of EU than an area of free movement citizens on the of people and goods: it is an basis of funda- area of justice, freedom and mental rights is security. All the institutions now being ex- of Europe have now realised tended through the significance of the funda- the Agency for mental rights of citizens for Fundamental a Europe of justice, freedom Rights. Setting up this insti- and security. I was delighted tute proved quite difficult. My to see that, on this very topic, special thanks therefore go the European Court of Justice, not only to the Commission, at the beginning of the week, but also to my colleagues from strengthened the legal protec- Austria and Finland. Following tion of the individual and the tough negotiations, political right to proceedings in accord- agreement was reached by ance with the rule of law: I am the Council of Ministers in talking about the decision on December. Under the Ger- listing and delisting, a decision man presidency, the Regula- that points the way towards tion was formally adopted two the protection of fundamental weeks ago. With the Agency rights in Europe. for Fundamental Rights, the EU now has its own centre of Ladies and Gentlemen, expertise in matters relating to fundamental rights. Vienna is A key element in the protec- an ideal location, having a long tion of fundamental rights history of successfully mediat- lies in considering the rights ing between East and West and of minorities. e previous between different peoples and agency set up to monitor cultures. xenophobia and racism under the management of its Director Fundamental rights have never Beate Winkler has done much before played such an impor- good and successful work in tant role in the EU because this area. they have never been formally incorporated into EU treaties. Unfortunately, racism and One of the aims of adopting xenophobia remain a serious 1 speech held in German; original available at http://fra.europa.eu

problem in Europe. Individual Member States face the same challenges in combating it as the EU and its institutions. e areas covered by the previous monitoring agency will there- fore continue to be a main fo- cus of work carried out by the new Agency. Racism and xeno- phobia are completely contrary to core European values. In a continent that is growing ever closer, we must do all we can to ensure that people are able to live respectfully and happily together, irrespective of their origin, the colour of their skin or the religious beliefs they hold. It is therefore very im- portant that we, in the Council, agree as soon as possible on a framework for combating rac- ism and xenophobia, and I very much hope that this can be achieved during the German presidency. Ladies and Gentlemen, I wish all members of the Agency a good start and every success. e Council will sup- port you in the work you carry out. e Charter of Fundamen- tal Rights states that the EU is founded on the indivisible, uni- versal values of human dignity, freedom, equality and solidar- ity. e aim of the Agency is to help protect these values, and the importance of its work cannot be overestimated.

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