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![Page 1: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/1.jpg)
Starting Line: reflections on the
campaign for a European directive?Patrick Yu
Executive Director of NICEM
Former Chair of Starting Line
![Page 2: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/2.jpg)
Who were we?
• Informal network of experts in 1991
• Starting Line proposal in 1993• Article 13 of Amsterdam Treaty• New Starting Line proposal on racial and religious discrimination in 1998
![Page 3: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/3.jpg)
Political context of Article 13
• Schengen acquis• Third pillar in the area of freedom, security and justice
• New legislative procedure (Consultation Procedure)
![Page 4: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/4.jpg)
Commission proposal
• Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
• Council Directive 2000/78/EC a general framework for equal treatment in employment and occupation
![Page 5: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/5.jpg)
Limitations
• Unanimous vote under Article 13 • Race covers both employment and service provision, not other grounds, in particular religion
• The concept of equal treatment• National body
![Page 6: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/6.jpg)
Political Context during negotiation
• Austria and EU constitutional crisis in 2000
• Enlargement• More immigration control and restrictions through Schengen acquis
• Input of the Starting Line Group
![Page 7: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/7.jpg)
Reflection 1
• Successful lobbying of the Starting Line Group
• Anti-discrimination unit was set up right after Amsterdam Treaty
• EUMC and ENAR set up as part of the process
• Race mainstreaming• Network of experts
![Page 8: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/8.jpg)
Reflection 2
• 9-11 in America and Madrid bombing in 2003
• Race issues completely disappear in the radar of government at national level
• Framework Decision on Racism and Xenophobia 2001
• Transposition of the Directives• Gender Directive on Service Provision
![Page 9: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/9.jpg)
Reflection 3
• Issues of capacity building within the NGOs sector on race
• The myth of law is the dominant cultures
• Few NGOs know the Directives which resulted low input or none at national legislation
• Activist vs Lawyer
![Page 10: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/10.jpg)
Future EU law in the area of equality
• An upward improvement of a new Single Equality law in EU covers all existing grounds with common concept of discrimination and scope of protection
• A recognition of differences among grounds and accept difference of treatment in terms of positive action or positive equality
![Page 11: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/11.jpg)
![Page 12: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/12.jpg)
Future policy and practice
• Education and training • Consolidate Equality Mainstreaming within EU law, policy and practice
• Testing cases
![Page 13: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/13.jpg)
Challenges Ahead
• European Institutions (EU, CoE & OSCE)
• EU governments & institutions• Alliance building on multiple grounds and cross-sectors (inter and intra)
![Page 14: Starting Line: reflections on the campaign for a European directive? Patrick Yu Executive Director of NICEM Former Chair of Starting Line.](https://reader036.fdocuments.in/reader036/viewer/2022081603/5697c00e1a28abf838cc9afd/html5/thumbnails/14.jpg)
The real challenge
• Who are we as an NGO?• Are we part of the problems?• Can we connect lawyers & activists?
• Can we make people be practical?• Can we create networks and alliance buildings?
• Can we handle politics?