Information document on the fifth monitoring cycle of the European Commission against Racism and Intolerance (ECRI) (adopted by ECRI’s Bureau on 28 September 2012, further to the decisions taken by ECRI at its 58th plenary meeting from 19 to 22 June 2012) 1. ECRI’s fifth monitoring cycle will begin during the first semester of 2013. It will last five years1. 2. ECRI’s fifth-cycle reports will focus on four topics common for all member States and a number of topics specific to each one of them. 3. The common topics will be: legislative issues, hate speech, violence and integration policies. 4. Under legislative issues, ECRI will look into a. the ratification of Protocol No. 12 to the European Convention on Human Rights, as a tool for combating discrimination b. the existence of criminal, civil and administrative law provisions as per its General Policy Recommendation (GPR) No. 72 c. and the existence and mandate of independent authorities entrusted with the fight against racism and racial discrimination3, as per its GPR Nos 24 and 7. 5. Under hate speech, ECRI will look into measures taken to deal with forms of expression that should be criminalised5 and, in general, intolerant and inflammatory discourse targeting groups of concern to ECRI (vulnerable groups). 6. Under violence, ECRI will look into measures taken to combat actual physical violence against persons belonging vulnerable groups and/or their property. 7. Under integration policies, ECRI will comment on the adequacy of existing ones that are or could be relevant for its vulnerable groups; in their absence, ECRI will make recommendations on policies to be adopted. Although this topic concerns all groups of concern to ECRI (including historical ethnic, religious and linguistic minorities and foreigners/migrants), care will be taken to avoid overlap with the identity issues usually dealt with under the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages. 1 See § 18. On national legislation to combat racism and racial discrimination. 3 In line with the definitions in GPR No. 7, all references to these phenomena include grounds such as “race“, colour, language, religion, nationality or national or ethnic origin. 4 On specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level. 5 Drawing inspiration from ECRI’s GPR No. 7. 2 8. Through the country-specific topics ECRI will address any other major “racism, racial-discrimination, xenophobia, antisemitism or intolerance” issues in the member State concerned. Interim recommendations not implemented or partially implemented during the fourth monitoring cycle6 will be followed up in this connection. 9. LGBT issues will be addressed if they are relevant to the overall thrust of the ECRI’s analysis of the situation in a member State, where they occur under topics such as hate speech or violence. 10. The number of recommendations in a country report will be fewer than in the fourth monitoring cycle, more concrete and, to the greatest extent possible, measureable. 11. New interim recommendations will be made - in principle up to two. 12. Country reports will be adopted following confidential dialogue with the national authorities. The modalities will be the same as in the fourth monitoring cycle. 13. As in the fourth monitoring cycle, the authorities will be provided - for the purposes of the confidential dialogue - with a version of their country’s report provisionally adopted by ECRI (draft report). 14. ECRI, before drafting a country report, will organise a contact visit to the member State concerned. The modalities of the visit will be the same as in the fourth monitoring cycle. 15. The fifth-cycle interim recommendations will be followed up in the same manner as the fourth-cycle ones. ECRI could also envisage the possibility of holding talks with the authorities on their implementation. 16. Each country report will have five sections: a summary of ECRI’s findings a section dealing with the common topics a section dealing with the country-specific topics a section dealing with the fourth-cycle interim recommendations that were not - or not fully - implemented during the fourth monitoring cycle and e. new interim recommendations. a. b. c. d. 17. The analytical sections of country reports (b, c and d) will be significantly shorter than in the fourth monitoring cycle, with a target of a maximum of 20 pages. 18. In principle, fifth-cycle reports will be adopted not later than five years following the adoption of the fourth-cycle report for each of the member States concerned. 6 Although the fourth monitoring cycle was of a five-year duration, a two-year period had been fixed for the implementation of interim recommendations by each member State. 19. The modalities of publication of ECRI’s country reports and conclusions on the implementation of interim recommendations will be the same as in the fourth monitoring cycle7. 7 According to Article 11 § 3 of ECRI’s Statute, “ECRI’s country reports are published following their transmission to the national authorities, unless the latter expressly oppose such publication. These reports shall include appendices containing the viewpoints of the national authorities, where the latter deem it necessary.” However, national liaison officers will no longer be required to submit the appendices with the national authorities’ viewpoint before the plenary session during which their country report is to be adopted by ECRI.
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