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1.2.3 Concerns Raised by European NGO-Networks and International Human Rights Organizations
There are various NGO networks on the European level devoted to fighting racism and right-wing extremism, the largest ones being UNITED for Intercultural Action (European Network Against Nationalism, Racism, Fascism and in Support of Migrants and Refugees), and the European Network Against Racism (ENAR). ENAR was founded in 1998, and in its informational brochure »The Voice of the Anti-Racist Movement in Europe,« the organization defines itself as the »voice of the anti-racist movement in Europe,« representing 600 NGOs from all EU member states. (7) At the European level, ENAR tries to influence EU legislation and policies related to anti-racism and anti-discrimination by developing policy papers and recommendations and by undertaking collective lobbying actions. The network has been publishing country-specific Shadow Reports since 2001, including annual EU-wide Shadow Reports that identify general trends of racism in the EU. These reports deal with a variety of aspects and manifestations of racism and discrimination, ranging from discrimination in the employment, housing, education and health system to policing and racial profiling. One chapter in each report is reserved to the issue of racist violence and crime.
The five Shadow Reports on Germany published since 2002 were all produced by authors associated with the Institute of Research about Migration and Racism (Institut für Migrations- und Rassismusforschung) in Hamburg, with some support from other German NGOs. In ENAR’s latest country reports on Germany (2004, 2005 and 2006), the authors highlight instances of racism and discrimination against minority groups, which other organizations tend to neglect. They mention, for example, special laws for asylum seekers that restrict their right to free movement and choice of residency, and »anti-terror« measures that allow for »racial profiling.« They also point to the particularly difficult and vulnerable situation of undocumented migrants, living without any legal protection.
With regard to public policies that combat racist violence and hate crimes, the authors are critical about the official approach, which they perceive as much too narrow insofar as discourses and law enforcement activities focus only on right-wing extremism and attribute racism to the fringes of society. Since institutional and structural forms of racism and discrimination are considered an integral part of the problem, the latest Shadow Report on Germany concludes that »there is a need for the establishment of an independent center to monitor right-wing extremism, racism and anti-Semitism in Germany, thereby following EU standards, to override the trivialization of right-wing extremism and xenophobic movements in Germany.« (8)
The most recent ENAR Shadow Report titled »Racism in Poland 2006« was produced by the NGO Arabia pl., a minority rights organization that supports and gives advice to bi-national families and couples. The reports identify the xenophobic and racist views of people and activists associated with the party League of Polish Families as one of the greatest threats to tolerance in Poland; some of these individuals were also members of the previous national government. Furthermore, it points to the deteriorating situation of religious (specifically, Jews and Muslims) and sexual minorities, whom the report considers to be the main target groups for discrimination and harassment in Poland. Similar to the German ENAR report, the author is very critical about police control and surveillance measures especially targeting Muslims in the context of the »war on terrorism.« The report also includes a short section titled »Racist Violence and Crime« that states: »There are no detailed statistics on attacks and racist violence in Poland. However, the anti-racist association Nigdy Więcej mentions more than ten cases a month in the first quarter of 2006 in its catalogue of incidents entitled the Brown Book. Since few foreigners live in Poland and not all racist crimes are reported (except for the most serious ones), we can ascertain that the real numbers remain unknown.« (9)
As one of the leading international human rights organizations, Amnesty International (AI) has also been active to some extent in the monitoring of hate crimes in Germany and Poland. Given the hostile climate against the LGBT community in Poland, AI showed particular concern about the abolition of the Office of the Government Plenipotentiary for the Equality of Men and Women in 2005. This office was responsible for promoting equal treatment of individuals belonging to the LGBT community (see Chapter 1.3.2).
AI also investigates cases of police violence and mistreatment in both countries, which must be considered as a crucial obstacle for a broader reporting of hate crimes. In 1995 the first respective report on Germany listed more than 70 cases of alleged police brutality and the use of excessive force by police officers in restraining or arresting people, especially asylum-seekers and members of ethnic minorities. (10) In this and follow-up reports (1997 and 2004), AI has identified a »worrying pattern« of brutality that is often driven by racism and resentment, as well as the systematic failure of German authorities to properly investigate and bring to justice officers responsible for violence and mistreatment. (11) Both AI and the ECRI have repeatedly expressed concern about the length of time it takes to investigate allegations of police abuse in Germany, the reluctance of prosecutors to press charges against the police, and the practice of filing counter-charges against victims.
In a recent AI report submitted to the United Nations, the organization also expressed concern over police ill-treatment and racism in Poland. (12) According to AI, there were continuing accusations of ill-treatment by law enforcement officials and allegations about incidents of police violence that had gone unreported due to victims’ fear of being prosecuted themselves. It appears that prostitutes, Roma and trafficked people are most frequently the victims. There are also concerns that incidents of police violence are not always impartially investigated and rarely reach the courts. AI has urged authorities to intensify efforts to eradicate cases of police brutality through training, effective investigation and prosecution of those responsible. According to government information, there were 3,646 reports of police offenses filed with the prosecutor, including bodily injury, cruelty with an aim of extracting a statement, and infringement of bodily integrity in the period from January 2003 to September 2006. However, there was not one single conviction by the courts. (13)
Other international human rights organizations such as Human Rights Watch, which conducted two fact-finding missions and investigations into right-wing attacks against migrants and refugees in Germany in the 1990s, have also urged European states »to redouble their efforts to combat racism in all its forms and to bring suspected perpetrators of hate crimes to justice.« (14) The authors of the Human Rights Watch report contribute the recent increase in anti-Semitic and Islamophobic hate crimes to the ongoing crisis in the Middle East and mention the rising number of attacks on synagogues as a disconcerting development for Germany.
Poland has received particular attention in past few years from the European Roma Rights Center (ERRC). In various reports, the ERRC has established that members of the Roma community in Poland are frequent targets of racially motivated violence, police abuse and systematic racial discrimination. According to the ERRC, »many Roma live in a climate of fear that pervades all aspects of their lives, from their interaction with authorities to their ability to access public spaces and services, and to participate fully in the lives of the communities in which they live.« (15) The organization has also repeatedly highlighted the failure of public institutions in Poland to protect Roma people, up to the point of institutional denial of justice for Romani victims of racist crimes. »Investigations into racially motivated crimes […] have frequently been stalled or discontinued altogether, often with the justification that the authorities did not find sufficient evidence to issue arrest warrants, indictments, or judicial sentences—even in cases in which the alleged perpetrators had been identified by victims and/or witnesses.« (16)
The main concerns addressed by supranational bodies and international NGOs can be separated into two categories: those referring to weaknesses of the official monitoring systems and the unsatisfactory implementation of hate crime legislation already in place. In their recommendations to improve public policies with respect to hate crimes, some have highlighted the need for more proactive governmental measures, including programs aimed at raising public awareness about the prevalence of anti-Semitism and xenophobic violence; while others have drawn attention to racist attitudes within the law enforcement institutions themselves. In subsequent chapters we will deal with the legal frameworks and problems linked to official monitoring systems in Germany and Poland in greater detail. Now we will briefly turn to existing programs and instruments, which have been introduced to improve government cooperation with civil society to counteract right-wing extremism, anti-Semitism and racism. We will only concentrate on measures relevant to combating hate crimes.
7. European Network Against Racism (ENAR) (n.d.). The Voice of the Anti-Racist Movement in Europe, Brussels.
8. Hieronymus, Andreas; Schröder, Lena 2007. ENAR Shadow Report 2006: Racism in Germany, Brussels, p. 38.
9. Kubicki, Marek 2007. ENAR Shadow Report 2006: Racism in Poland, Warsaw, p. 12.
10. Amnesty International 1995. Ausländer als Opfer: Polizeiliche Mißhandlungen in der Bundesrepublik Deutschland, Bonn, p. 1.
11. Amnesty International 2004. Back in the Spotlight: Allegations of Police Ill-Treatment and Excessive Use of Force in Germany, London, p. 2 ff.
12. Amnesty International 2007. Poland: Submission to the UN Universal Periodic Review, London.
13. Council of Europe Commissioner for Human Rights 2007. Memorandum to the Polish Government, CommDH(2007)13, Strasbourg.
14. Human Rights Watch; Amnesty International 2003. Joint Statement at the OSCE Meeting on Racism, Xenophobia and Discrimination, Vienna, 4-5 Sep 2003.
15. European Roma Rights Center 2002. The Limits of Solidarity: Roma in Poland after 1989, Country Reports Series, Nr. 11, Budapest/London, p. 8.
16. Ibid.
(OPP)
