Juridical aspects of non-discrimination in discussion in Strasbourg A new quest for efficiency ?
At the eve of the opening of the Conference on racism, and before officials' conclusions that were agreed beforehand are made public, the NGO's will try and bring into the light a number of issues that were not necessarily all on the governments' agenda. The specificity of the NGO's consists in their capacity to know and understand the daily reality of the victims of racism and similar form of discrimination, which is exactly what enables them to be the representatives of the will to give juridical instruments a growing efficiency.

The draft report of the NGO's Forum (available on the ICARE website) first insists, as regards juridical protection, on the adhesion of States to the international instruments that protect equality and non-discrimination. In that view, the 12th additional Protocol to the European Convention on Human Rights particularly deserves being mentioned : aiming at broadening the scope of Article 14, the Protocol was adopted by the Committee of Ministers of the Council of Europe on June 26, 2000, and will be open to signature as from November 4. With its entry into force, the European Court of Human rights will be able to verify that States' practices are conform to a general principle of non discrimination.

The slow progress towards efficiency also involve the recognition of a power of control to an international independent organ. In that respect, the European Court remains a somewhat isolated success, but other ways can prove efficient. This is why NGO's invite States to abide by their obligations to submit reports as demanded by international treaties, and to make public the conclusions reached by the organs of control instituted by the same treaties.

The Draft report then comments on the quality of the national laws, as the NGO's recommend that States should have laws clearly prohibiting discrimination "in all spheres of the existence." Criminal sanctions should also strike down upon those who commit acts of racism. And the existing remedies should be effective, which commands that they be know by the public and that judicial assistance be rendered available to all victims.

The International Federation of the Human Rights Leagues (FIDH) moreover advocates that the efficiency of the fight against racial discrimination cannot be dissociated from the promotion of economic, social and cultural rights. The principle of equality before the law is indeed of little use if the law does not protect a number of rights.

P-F Docquir (lawyer and ICARE reporter)
October 9, 2000