Strasbourg, 24/02/2015 (Agence Europe) - Despite a new antidiscrimination law, xenophobia and violence against migrants persists and segregation of Roma children continues, according to the Council of Europe's Anti-Racism Commission (ECRI), in a fifth report focusing on the country published on Tuesday 24 February.
This text assesses the situation up to 18 June 2014 and welcomes progress in a number of different areas since 2009 when the previous report was published. The law against racism was subsequently adopted in September 2013. This strengthens the legal arsenal in this field and represents a significant factor in a new mechanism in which specialist police units have been set up to fight against racist violence, which has been rising significantly since the rise of the neo-Nazi Golden Dawn Party.
The ECRI report explains that a document outlining a framework for local councils to apply to integration questions has also been adopted. ECRI emphasises the effectiveness of these mechanisms and mentions the inclusion of discrimination based on gender identity among circumstances that are covered by the act. Similarly to racist and homophobic motivations, this kind of behaviour, if proven, would receive a prison sentence and would be refused the option of a suspended sentence. The ECRI report also points out that skin colour is also added to the list of motivations that would be refused a suspended sentence.
The report notes, however, that despite all this, hatred is widely expressed in public and political speeches against immigrants, refugees and asylum seekers, as well as against Jews and Muslims. The report notes that in this respect, Golden Dawn's responsibility can be emphasised as well as, “the hostile attitude of certain members of the police against migrants”.
It also explains that the situation of the Roma in Greece is categorised by social exclusion and insecurity and that segregation persists in the education system, despite rulings by the European Court of Human Rights, condemning this practice and the fact that accommodation conditions in many Roma neighbourhoods remain below the standards required.
ECRI addresses a series of recommendations to the Greek authorities calling on them to promptly implement them, before a review of the situation in two years' time. The setting up of a task force is called for, which would consist of a number of authorities such as the Ombudsman, National Human Rights Commission, as well as NGOs that will develop a comprehensive national strategy to combat racism and intolerance;
The question of racist and/or homo-/transphobic motivations should be taken into consideration from the outset in the investigation and judicial proceeding of cases of violent incidents, and offer training to the judiciary on the application of the new Article 81A of the Criminal Code, which renders more severe the lowest sentences for hate motivated offences and stipulates that they cannot be suspended.
Another significant point emphasised on a number of occasions in the report involves Greece's ratification of the Protocol Number 12 of the European Convention of Human Rights. This introduces a general ban on discrimination based on gender, race, colour, language, religion, political opinions or any other opinions, national or social origin, belonging to a national minority, wealth, birth or any other situation. It is signed by 37 countries (including Greece) and has now been ratified by 18 countries. This is not a high number and Greece uses this to justify its position but from ECRI' point of view, its position is not admissible.
The economic and financial crisis hitting the country is an important factor explaining the situation in the country, emphasises the text, which also explains that the reports and conclusions published by the network demonstrate an “explosion of racist violence” which coincides with this new situation. ECRI is unable, however, to keep these conclusions quiet, whilst waiting for a normalisation of the situation.
From a position of the new Greek government, it will undoubtedly be difficult to reconcile the election promises of the Syriza Party with its partner in power, the Independent Greeks, which follow a sovereignist right wing line. This is all of great concern to human rights organisations in a country where the neo-Nazi anti-immigrant party, Golden Dawn, is still the third biggest political force, despite the imprisonment of its leadership and seven of its MPs.
ECRI consists of independent experts and is in charge of following up problems of racism, xenophobia, anti-Semitism, intolerance and discrimination based on motivations such as race, ethnic/national origin, colour, nationality, religion and language (racial discrimination); it draws up reports and addresses recommendations to the member states. (Véronique Leblanc)