ENAR Briefing Note on: PUBLIC CONSULTATION FREEDOM, SECURITY AND JUSTICE: WHAT WILL BE THE FUTURE? (click to go to the webpage)
1. The Consultation
The Hague programme is due for completion by the end of 2009 and a new programme, the ÔStockholmÕ programme, will be adopted under the Swedish Presidency in the second half of 2009. This will define the priorities on Justice and Home Affairs (JHA) for the next 5 years. The Commission has decided to launch a public consultation to inform the ongoing discussions on these priorities.
The consultation is on the basis of a questionnaire covering a wide range of areas including fundamental rights, EU citizenship, a common immigration policy for Europe, a Common European Asylum System, external border management, visa policy, a coherent judicial area for civil & criminal matters, police cooperation, action to prevent and combat terrorism and specific forms of crime and combating drugs It also covers methods that can be used, such as new technologies, and cooperation with third countries.
Finally is asks for a maximum of 5 areas or actions that should in your opinion be a priority for 2010-2014 in the area of Freedom, Security and Justice and for your opinion on how existing legislation in the area of Freedom, Security and Justice can be improved or simplified, again with a maximum of 5 answers.
This is an important opportunity to ensure that the priorities of the anti-racism movement are heard in the discussions. The consultation will be an important base for the discussions leading to the adoption of the ÔStockholmÕ programme and it will significantly help ENARs ability to influence these discussions if a strong message regarding our key issues is heard in this consultation.
We are therefore asking ENAR Members to mobilise their National Coordinations to respond to the consultation, both as individuals and as organisations, arguing strongly for the Key priorities of the ENAR network to be a part of the next JHA Programme. The deadline is the 4th December 2008
If you do not have time to complete the questionnaire, it is still worth replying with priorities at 2 (b) below
2. ENAR Mandate and key relevant areas
ENARs Strategic Goals and Objectives include areas where the network believes the EU should focus priority attention. As this consultation concerns the strategic priorities for the EU on Justice and Home Affairs over a 5 year period, it is appropriate to use these as the starting point.
In many of these areas we have more detail that can be provided/used and specific calls for action to the EU Institutions. These can be drawn upon in responding to the questionnaire. In relation to migration, the ENAR Policy Seminar ÔFraming a Positive Approach to MigrationÕ will enable a detailed argument for a new approach to migration and asylum law and policy as part of the future programme on Justice and Home Affairs.
In Annex to this briefing is a copy of the Questionnaire with notes referring you to the ENAR concerns. You do not need to go into a lot of detail, at this stage the priority is to get the issues on the table. All relevant documents (ENAR General Policy Papers, Policy submissions and statements) are available on the website at: www.enar-eu.org)
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Strategic Goal 1. Combat discrimination, promote equality and redress disadvantage ENARÕs strategic goal is to enhance the fight against racial discrimination in Europe and promote the social and labour market inclusion of ethnic and religious minorities.
Most Relevant Objectives: 1. É. 2. É. 3. Raise awareness of the negative consequences of security measures and racial profiling 4. Encourage the development of an effective response to racial violence and hate crime 5. Promote comprehensive strategies to support the victims of discrimination
Strategic Goal 2. Promote the development of progressive migration and integration policies ENARÕs strategic goal is to promote the rights of third country nationals and to ensure that migration, and related policies and practices, do not undermine ENARÕs vision.
Most Relevant Objectives: 1. Promote a positive approach to migration and shape an intercultural ethos respectful of diversity in all spheres of society 2. Work towards full political, social, economic and cultural participation of third country nationals 3. End discrimination on the basis of citizenship and nationality 4. Ensure rights are protected in the context of admission and re-admission policies and end arbitrary detention 5. Promote progressive and comprehensive integration strategies, including anti-discrimination policies as a necessary part of such strategies.
Strategic Goal 3. Increase recognition of anti-racism in equality and fundamental rights ENARÕs strategic goal is to ensure that the specific focus on racism, and its different forms, is a core aspect of single equality and fundamental rights approaches
Most Relevant Objectives: 1. Promote anti-racism in the debate on the future of Europe 2. Enhance strategies to respond to multiple discrimination, including the intersection between racism and other forms of discrimination such as gender, disability, sexual orientation, age, and religion or belief 3. É 4. Guard the focus on racism in European fundamental rights policy 5. Ensure that diverse European Union funding programmes support anti-racism 6. Monitor trends in anti-racism policies in the Member States.
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3. Guidance on completion of the questionnaire
a. The questions
The questionnaire can be completed online or via a downloadable word document. The problem with completing the questionnaire online is that you must answer all questions and some are written in a very ÔleadingÕ manner while others are outside the ENAR mandate. Therefore we encourage you to respond using the word document and to supplement your Ôyes or noÕ answers with an explanation/clarification if this is necessary.
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b. The Ôopen questionsÕ These are the key opportunity for ENAR to influence the priorities of the EU over the next 5 years. Numbers count and so we are asking ENAR members to reply and state the following as the 4 of the 5 priorities. If you do not have time to answer the entire questionnaire, these are the priority messages.
Areas or actions that should be a priority for 2010-2014 in the area of Freedom, Security and Justice: 1. Promote the development of progressive migration and integration policies 2. Ensure that Counter-terrorism is conducted in the framework of human rights and anti-discrimination 3. Ensure effective legislative and non-legislative measures to combat racism and xenophobia, including through the criminal law 4. Ensuring the mainstreaming of fundamental rights into all EU law and policy
How can existing legislation in the area of Freedom, Security and Justice can be improved or simplified: 1. Finalise the adoption of the Framework Decision on Combating Racism and Xenophobia as a Crime 2. Conduct an equality and human rights audit of the European Union Action Plan to combat terrorism. 3. European institutions to fully implement and where needed revise relevant Community legislation to comply with the 1951 United Nations Convention Relating to the Status of Refugees, the 1954 United Nations Convention relating to the Status of Stateless Persons and CERD General Recommendation 30 on discrimination against non-citizens, as well as the relevant recommendations of the Council of Europe, the Conventions of the International Labour Organisation, and the Palermo Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and against the Smuggling of Migrants by Land, Air and Sea; 4. Extension of the protection against discrimination on the ground of nationality provided by the Treaties to every person living in the territory of the EU 5. Extension of the protection Against Discrimination on grounds of racial or ethnic origin, religion or belief and nationality to all areas of EU competence, including Justice and Home Affairs
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