2. Role in relation to the direct victims of discrimination............. 9
2.1. Information about rights and legislation........................ 10
2. 2. Investigations ............................................................... 10
2. 3. Assistance in resolving cases....................................... 11
2.4. Legal advice and representation when processing cases
through the courts ........................................................ 12
2.5. Acting as a formal decision-making body ..................... 12
2.6. Recommendations on assistance to victims of
discrimination............................................................... 13

3. Role and functioning in the political process.......................... 13

4. Dissemination of information, research and awareness
building ...................................................................................... 14

4.1. Conducting or commissioning surveys and reports ...... 15
4.2. Making recommendations based on studies................. 16
4. 3. Training activities ......................................................... 16
4. 4. Training of trainers ....................................................... 17
4. 5. Campaigning................................................................ 18
4.6. Co-operation with other organisations, civil society and
social partners.............................................................. 19
4.7. Recommendations concerning information, research and
awareness building ...................................................... 20 3
3 Page 4 5
Annex – list of bodies selected for the study.......................... 21 4
4 Page 5 6
1 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1. Executive Summary
This report was commissioned by the European Commission in the
framework of the Community Action Programme to combat discrimi-nation
(2001-2006). The Action Programme is designed to support
and supplement efforts at Community level and in the Member States
to promote measures to prevent and combat discrimination taking ac-count,
among other things, of legislative developments.

Council Directive 2000/ 43/ EC implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin lays
down a framework for combating discrimination. As part of this work,
each Member State must establish one or more bodies with a remit to
analyse the problems involved, study possible solutions and make
recommendations, and provide concrete assistance for the victims of
discrimination.

The aim of the present study is to give an impetus to the work of the
entities in the Member States charged with the creation of these
bodies. The report consists of an analysis of the work of existing
bodies working to promote equality and combat discrimination.

The analysis and examples of the experiences of the various
institutions are to be found in the remaining chapters of the report. It
should be noted that the present conclusions are not to be considered
exhaustive. Using the methodology selected, the findings are based
on observations that relate to a limited number of institutions. They
will therefore more often represent an example of good practice, a
valuable experience or an interesting idea rather than a trend or
common approach. The reader is advised to take this into account
when reading the report.

1.1. Structure, mandate, and resources
The Directive 2000/ 43/ EC outlines the aims and tasks of the bodies
for the promotion of equal treatment as: 5
5 Page 6 7
2 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report

giving independent assistance to the victims of discrimination,

conducting surveys and studies, and

publishing reports and recommendations.

The requirements of the Directive concerning the specialised bodies
are in line with the recommendations made by the European
Commission against Racism and Intolerance (ECRI) under the
Council of Europe.

The ECRI refers to the fundamental principles laid down at the first
International Meeting of the National Institutions for the Promotion
and Protection of Human Rights in Paris during 7-9 October 1991
(known as the "Paris Principles"). The Paris Principles set out the
following minimum set of standards for independent commissions:

Independence guaranteed by a constitutional or legislative
framework

Autonomy from government

Pluralism, including pluralism of composition

A broad mandate

Adequate powers of investigation

Sufficient resources

1.1.1. Mandate, scope, and independence
The majority of the 21 institutions included in the study are estab-lished
by national laws adopted by parliament. Typically, the
legal basis provides a mandate for the institution and a framework
defining the scope of its work and activities. Some of the institutions
have their legal basis in secondary legislation, for example in
ministerial decrees or administrative orders. This is the case for the
French Commissions d'Accès à la Citoyenneté (CODAC) and the
Italian Commission for Integration Policies. A few institutions, the
Dutch National Bureau against Racial Discrimination (LBR), the Dutch
Expertise Centre Age and Society (LBL), and the Danish Advisory
and Documentation Centre on Racial Discrimination (DRC), are inde-pendent
foundations and are not established by national legislation. 6
6 Page 7 8
3 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
A body's legal basis may have implications for its relative
independence. With a firm legal basis in the form of a national act
containing clear descriptions of its scope and a mandate passed by
the parliament, it is more difficult for a government to alter the role
and activities of an institution. Alterations in such cases will typically
require parliamentary negotiations and the adoption of a new
legislative act. Thus in situations where an institution acts or makes
statements in a manner which conflicts with the government of the
day, a firm legal basis may serve to counteract any intent of swift
political interference. On the other hand, a body which is established
by secondary legislation or by a law, which does not clearly specify
the role, mandate and scope of its work may be more prone to
interference.

In most cases the mandate and duties of the specialised body or
institution are defined in the legislative act, which establishes its legal
basis.

The work of a number of the institutions, such as the three Swedish
Ombudsmen and the Northern Ireland Equality Commission, is
governed by more than one legislative instrument, thereby providing
different tools and possibilities depending on the area of discrimina-tion
in question.

It can be argued that accountability to Parliament rather than to
Government would secure an institution's independence to a greater
degree. However, when this debate arose in the case of the Swedish
Ombudsmen, it was argued by some that the members of Parliament
might also speak for specific interests and make it difficult for the
institution to manoeuvre freely. Therefore, it was argued, the key was
to ensure a firm legal basis instead, including a clear mandate for the
institution.

1.1.2. Appointment of the Board
The appointment of the Board also touches upon issues of
independence, continuity and effective authority. 7
7 Page 8 9
4 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
The board of an independent body is the guarantor of the pursuit of
the objectives and tasks set out for the institution, and ensures that its
work is undertaken independently and in consistent accord with its
mandate. This includes being independent of the state authorities as
well as of other interests.

A number of the different models, which exist for the appointment of
the boards of the institutions, have been included in this study. It is
broadly possible to distinguish between two basic models: Boards
constituted of the representatives of named institutions, and boards
made up of individuals who have been selected purely on the basis of
their merits.

The first approach stresses the network perspective and often, it
seems, a desire to ensure that relevant interests are given a voice on
the board. An important issue for this first type of board is to ensure
that the board members do not merely represent their own narrow
interests but also the overall interests of the institution in question.

The second approach, where individuals apply and are selected on
merit, as is the case with the Italian Commission for Integration Poli-cies
and the British Commission for Racial Equality (among others),
seeks to overcome this potential criticism. It may also be more com-petitive,
in the sense that the reposting of vacant board positions in
the press opens up an opportunity for anybody to be
appointed, not just the representatives of a named group of organisa-tions
and institutions. In this respect it may be a more dynamic model.
On the other hand, the risk of political interference may potentially be
greater if the government sets very prescriptive criteria for board
member selection.

Typically, board members serve a term of three to six years. To
ensure the independence of the board, in many cases a clause in the
law stipulates that the mandate of the members of the board cannot
be withdrawn, or only under specific extraordinary circumstances. 8
8 Page 9 10
5 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Obviously, the intention is to ensure that a board member cannot be
dismissed arbitrarily.

1.1.3. Institutional structures, working approaches and accessibility
In terms of their internal organisation the institutions appear to have
very different structures and cultures, consisting of organic, loosely
structured organisations at one extreme, and highly-tuned
management-based organisations with mission statements, corporate
plans, performance indicators and monitoring procedures at the other.

The staff and competences of the various institutions differ according
to their aims and priorities. The staff of the institutions vary in number
from only 4 to just over 200 employees.

In some institutions the tasks are apportioned and organised
according to the laws and instruments, which regulate the institution's
work. This structure is typically completed by departments dealing
with information or training.

In a few institutions the work is done in teams. For instance, the
Dutch National Bureau against Racial Discrimination (LBR) has
established working groups on specific issues which combine
different competences. By organising its work among groups instead
of along departmental lines, the LBR seeks to encourage knowledge
sharing and to avoid staff only considering their own areas of
competence.

The Equality Authority in Ireland (EA) has integrated nine grounds of
discrimination, organising its work by function rather than according to
the field of discrimination. The main purpose of such a structure is to
ensure learning and knowledge sharing concerning the various fields
of discrimination.

The Dutch Equal Treatment Commission was previously divided into
three chambers, but has decided to let all 9 commissioners and 13
juridical advisors work with all types of cases. Firstly, it enhanced 9
9 Page 10 11
6 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
flexibility, and in addition it was considered illogical to separate the
various grounds of discrimination, since the Commission has been
seeing an increasing number of cases where more than one ground
of discrimination is involved.

The potential weaknesses, such as a lack of specialisation and the
risk of duplicate work when working across fields of discrimination, is
judged by the institutions to be outweighed by the benefits of
combining competences and applying one's knowledge concerning a
given ground of discrimination to the other grounds.

The study demonstrates that building up new institutions or merging
several institutions takes time, and that time is what is needed to
establish an effective working approach.

Some institutions share facilities and information in order to lower
administrative costs. The Swedish Ombudsman against
discrimination because of sexual orientation is located together with
the Swedish Ombudsman against ethnic discrimination. The former
buys administrative services from the latter, and they share common
telephone and data networks.

However, co-location also presents potential problems. In Ireland, two
institutions, the Irish Equality Authority (EA) and the Irish Office of the
Director for Equality Investigations (ODEI), are located at the same
address. This has led to severe identity confusion between the two
institutions, not only in the minds of the public but also at an
organisational and political level.

Accessibility is a major issue for victims of discrimination. For a victim
of discrimination, who may often belong to a marginalized group in
society, the mere step of seeking advice and reporting a discrimina-tory
experience may be a rather daunting task. If the person has to
overcome great obstacles to reach the anti-discrimination body, it is
likely that the case will never be reported and registered. The
accessibility issues include an institution's physical accessibility, its
image, the language skills possessed by its staff, and people's 10
10 Page 11 12
7 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
confidence that it will handle discrimination cases both promptly and
professionally.

1.1.4. Resources
The resources available to an institution, including its funding, have
direct practical implications for its capacity to implement its mandate.
It can be difficult to meet the expectations of the public and politicians
when struggling with limited resources.

All 21 institutions in this study receive public funds. The majority are
granted resources annually from the fiscal budget. Some are financed
by particular Ministries or Offices. A few of the institutions have no
separate budget but are financed from the administrative budget of
another entity (as is currently the case for the Portuguese Commis-sion),
or are constituted as a part of local government, as is the case
with the French CODAC.

The immediate advantage for an institution of being financed from the
annual fiscal budget is that a steady and predictable source of income
exists which guarantees its ongoing activities. Of course, that
assumes that the allocations are reasonably proportionate to the
intended tasks of the organisation. Nevertheless, fluctuations due to
changing political priorities will remain an issue.

Also, where grants are made following an application and detailed
work plans, a government or minister may directly or indirectly be
able to influence the overall direction and priorities of the work of the
body.

Being able to attract sponsors to provide services for free can be a
major opportunity for institutions involved in providing information,
image building and awareness raising and campaigning. In addition,
some organisations raise private money, but their contribution to the
overall budgets of the institutions is for all the institutions surveyed
very limited. 11
11 Page 12 13
8 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.1.5. Horizontal approach to discrimination
There is a clear tendency towards the integration of several grounds
of discrimination in legislation and in institutional structures. This is
the case in Ireland (and in Belgium from mid-2002), and it is currently
under discussion in the United Kingdom and Germany, among other
countries.

The Equality Commission for Northern Ireland is in a transitional
phase in which the process of amalgamation of several institutions
into one has been completed but where the horizontal integration of
the legal basis for the institution's work still has to be agreed.

The integrated approach is seen as advantageous in its potential for
ensuring legal coherence, consistency and clarity concerning rights.
Another benefit is that of effectiveness and giving the bodies the
necessary influence to have an impact. Horizontal integration may
also lessen any perceived hierarchy of the different grounds of dis-crimination.

There are also voices of concern. In particular, it is reported that
some of the older, better-established institutions worry that an inte-grated
approach could mean that the types of rights they are
promoting would lose political impact, public attention or resources if
they were amalgamated with other grounds of discrimination.

The experience in Ireland, which has a fully integrated approach, is
that a single institution dealing with nine integrated grounds of
discrimination is all the stronger, and that in addition to the value of
the mutual exchange of experiences, the work done with one ground
of discrimination can be applied to the others in a mutually reinforcing
way.

According to the interviews conducted in the institutions working with
or towards an integrated approach, it is crucial to deliberately ensure
that the work done with all the various grounds of discrimination
within a single institution is visible. 12
12 Page 13 14
9 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.1.6. Contextual scope
The contextual scope of the individual body reflects the boundaries
and limitations in the legislation of the different Member States.
Whereas some of the bodies have no contextual limitations in scope,
others are restricted to certain areas. This especially concerns the
bodies investigating cases of discrimination or resolving them, either
through giving opinions or bringing cases to court. The scope of these
institutions is often limited to employment and labour-market-related
incidents.

1.1.7. Recommendations concerning structure, mandate, and resources

The independence of the institution should be guaranteed by
statute and a clear mandate.

The composition of the board has to be considered with re-gards
to representation of various groups, ensuring compe-tences
and independence

To ensure independence of the board, a clause in the legisla-tion
should stipulate the length of the term and that the man-date
of the board members cannot be withdrawn before end of
term

The internal division of work should provide possibilities for
knowledge sharing across various ground of discrimination

Accessibility is a key concern to ensure that victims of dis-crimination
receive the assistance they need

Financial resources should be granted on the annual fiscal
budget in order to ensure continuity and independence

If establishing one body working across all grounds of dis-crimination,
it is important to maintain focus and expertise on
the different grounds of discrimination

1.2. Role in relation to the direct victims of discrimination
The function of the institutions in relation to the direct victims of
discrimination spans a broad range of possible activities: providing 13
13 Page 14 15
10 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
rights information, advising victims, dealing with complaints, carrying
out investigations, conducting settlements and mediation, making
formal decisions and giving assistance in court cases.

1.2.1. Information about rights and legislation
The majority of the institutions provide information about individual
rights, legislation and case law. Typically, the institutions provide
access to relevant legislation and a presentation of rights and options
on their web pages.

Quite a number of institutions, amongst other the Belgian Centre pour
l'Egalité des Chances et la Lutte contre le Racisme, the French
Commissions Départementales d'Accès à la Citoyenneté (CODAC),
the Danish Advisory and Documentation Centre on Racial Discrimi-nation
and the Dutch Equal Treatment Commission operate tele-phone
lines for the benefit of those seeking advice and assistance.

The majority of organisations give individual advice on whether a
person is likely to have a case and how to proceed with it.

Advice can also be concerned with preventive issues. For instance,
organisations and employers may seek advice on how to interpret
legislation or how to establish policies for the various grounds.

1.2.2. Investigations
A number of the institutions collect and investigate complaints filed by
victims of discrimination. While some institutions mainly assist
applicants in presenting their complaints, other organisations have a
more formal role in investigating reported cases of discrimination.
This is the case for the British Commission for Racial Equality (CRE)
and the Irish Office of the Director of Equality Investigations (ODEI),
among others, both of which, along with the Swedish Ombudsmen for
instance, also have special powers to gain access to information from
the parties involved in the course of its investigations. 14
14 Page 15 16
11 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
The CRE has a particularly strong mandate to undertake formal in-vestigation,
and can require an organisation or company to follow in-structions
for action.

Some institutions can initiate investigations on their own initiative if
discrimination is found to be present in a particular area of society.
For instance, the Swedish Ombudsman Against Ethnic Discrimination
(DO), the French Groupe d'Etude et de Lutte contre les Discrimina-tions
(GELD), the British CRE and the Equality Authority in Ireland
(EA) investigate suspected structural discrimination.

Another example is situational testing, which is practised by the
Belgian CECLR and the Berlin Commissioner for Integration and Mi-gration:
Identically-clothed people of different ethnic backgrounds are
asked to approach, for example, the same discothèque or bar to de-termine
whether they receive systematically unequal treatment.

1.2.3. Assistance in resolving cases
Several organisations provide assistance in resolving cases, either
through legal advice and attempts to settle cases out-of-court, or
through assistance and representation when a case is taken to court.

Disputes outside the court system may be resolved on the basis of
written complaints issued by the institution on behalf of the victim/
complainant, a technique used by the Belgian CECLR, among others.
Another approach is a more formal mediation process such as that
operated by the Office of the Director of Equality Investigations in
Ireland. Several of the institutions are aiming to increase their media-tion
activities, since a voluntary settlement between the parties may
often be more helpful to a victim than a formal statement or a verdict.
It is also less costly and time-consuming in terms of the human and
financial resources involved in pursuing a case through the traditional
legal system. 15
15 Page 16 17
12 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.2.4. Legal advice and representation when processing cases through the courts
Only a few institutions, such as the Belgian CECLR, the Northern
Ireland Equality Commission, the Irish Equality Authority, the Danish
Documentation Centre and the British CRE, have experience in
bringing cases to court. This lack of experience is by several institu-tions
explained by the newness of the legislation, a lack of resources,
and a strategic concern to ensure that the first case brought to court
will be successful. Among those institutions which does bring cases
to court, the Belgian CECLR has a particularly strong mandate which
allows court actions even where there is no direct victim of discrimi-nation.

1.2.5. Acting as a formal decision-making body
Two of the institutions involved in this study have the power to act as
quasi-judicial bodies giving formal rulings in cases of possible dis-crimination.
One of them, the Dutch Equal Treatment Commission,
hands down advisory rulings with no legally-binding status, while the
rulings of the other, the Office of the Director of Equality Investiga-tions
(ODEI), are legally binding.

It is generally considered essential that when a ruling is made, the
basis of the case and the arguments supporting the ruling should be
clearly stated. This strengthens the legitimacy of the decision and
makes the offender more liable to observe the ruling given, even
where no instruments of enforcement exist.

According to both the institution itself and its stakeholders, a
particular virtue of the decisions of the Irish Office of the Director of
Equality Investigations (ODEI) is that the Office attaches instructions
for the course of action to be taken subsequently.

Other institutions also try to prevent the repetition of discriminatory
behaviour, among other things by making available training courses
and advice to particular types of companies or to those whom it has
found guilty of discrimination. For instance, the Dutch Equal
Treatment Commission advises hotels, restaurants and discotheques 16
16 Page 17 18
13 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
on how to avoid discriminating against people of a non-Dutch ethnic
background. Similarly, when settling a case out of court, the
acceptance of training sessions for the staff of a company or
organisation found to be guilty of discrimination may form part of the
agreement.

1.2.6. Recommendations on assistance to victims of discrimination

The focus on providing assistance in individual cases should

be supplemented by a focus on the more long-term structural
changes in discriminatory practices.

The institutions should be allowed to take up cases of more
general concern for investigation in order to raise issues of
common concern.

The assistance should be provided for free, both to victims
and witnesses of discrimination.

The institution has to carefully consider its role in mediation as
this function might raise some principal questions on the pro-tection
of the law versus the function of creating voluntary set-tlements.
A possible solution is to place the mediation role in a
separate institution in order for roles not to become blurred.

1.3. Role and functioning in the political process
The report distinguishes between formal and informal roles, with the
formal role comprising an institution's statutory rights or legally-established
role in the political process.

The formal role in the political process may be exercised through
active participation in the preparation of legislation, the statutory right
to be consulted and to comment on draft legislation, and by the
monitoring of practices after an item of legislation has come into
force.

Institutions such as the Belgian CECLR and the Swedish Ombuds-men
have a formal role in giving comments or opinions on existing
legislation and new legislative initiatives. On the other hand, a
primary role of the Irish Equality Authority and the British CRE is one 17
17 Page 18 19
14 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
of regularly reviewing the legislation which underpins the institution
itself.

Informal roles in the political process include making requests to
present views to parliamentary committees, sitting in on advisory
committees, and lobbying the administration and government. They
also include ad hoc involvement such as hearings and campaigns, or
giving responses to consultation papers issued by government.
Representatives of the institutions have sometimes also been invited
to sit in on governmental preparatory commissions in order to provide
expert input into the development of new legislation or new
approaches to equal treatment.

1.3.1. Recommendations on involvement in the political process

The political role of the institution should be formalised in or-der

for its expertise to be included in legislative initiatives and
in reviews of legislation.

Where a political culture exists of integrating organisations in
the political process, the institutions themselves can promote
contacts to the relevant political partners.

1.4. Dissemination of information, research and awareness building
A substantial proportion of the institutions have the key function of
providing information about relevant legislation and discrimination in
general. The institutions' roles are numerous, with some conducting
or commissioning research, publishing research results and making
recommendations, or providing training, raising awareness via
campaigns or the media, or acting as network-building institutions.

The institutions use various means to disseminate information to the
general public or to specific target groups. These are often printed
publications, such as opinions, statements or comments on
legislation. Many institutions emphasise the importance of a well-designed
and easily-accessible website to provide data regarding
discrimination and give practical information for use in discrimination
cases. 18
18 Page 19 20
15 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
A number of institutions, such as the British CRE, the Belgian
CECLR, the Irish ODEI, and the French GELD provide systematic
information on case law. They often compile databases of rulings and
settlements which can be accessed internally and/ or on their web-sites.
A common objective is to establish agreements with the
relevant courts to establish an automatic inflow of information
concerning relevant rulings, and concerning case law in particular.

Apart from the dissemination of information about equal treatment
and legal cases, a number of institutions provide information
designed to create a more positive climate and attitude towards those
vulnerable to discrimination. One example is the Dutch National
Bureau against Racial Discrimination, which every other month
publishes a small newspaper about multicultural issues, and contains
positive stories about people living together.

1.4.1. Conducting or commissioning surveys and reports
The undertaking of studies and writing of reports containing detailed
documentation comprises an important tool for most of the bodies
concerned with equal treatment. The collation of data, new juxta-positions
of facts or the gathering of entirely new data can highlight
issues of discrimination which have hitherto gone unnoticed.

Independent surveys may take their points of departure in individual
cases, specific themes or perceived patterns of discrimination.

None of the institutions carries out systematic reviews of the discrimi-nation
and equality situation in their respective countries, but some of
them intend heading in that direction eventually.

Some organisations undertake research themselves, but many of
them decide to let commissions, universities or research institutes do
the research. The extent of survey and research activities often
reflects the available financial means. 19
19 Page 20 21
16 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.4.2. Making recommendations based on studies
In many instances, the survey and research activities provide the
basis for the institutions to identify deficiencies in existing laws or
pinpoint discriminatory practices, and to issue recommendations to
groups of organisations, companies and decision-makers.

Some organisations, such as the Equality Authority in Ireland and the
British CRE, aim to provide guidelines and recommendations at both
political, organisational and personal levels. In addition to the studies
which they either commission or carry out themselves, they prepare
publications that focus exclusively on establishing codes of practice
or guidelines in specific areas. Such codes of practices, guidelines
and recommendations are generally seen as helpful by other institu-tions
and organisations in diminishing discriminatory practices.

1.4.3. Training activities
Over the years some of the institutions have gained considerable ex-perience
in anti-discrimination and equality training. In general, the
institutions contribute to training in four different ways: contributions to
curriculum development, the production of training material and
training methodologies, the provision of training, and the training of
trainers.

Contributions to curriculum development are often made in the con-text
of more general training activities for particular groups, such as
police officers or magistrates. Several organisations such as the
French GELD, the Belgian CECLR and the Luxembourg Commission
have been actively involved in training courses for police officers, and
the Belgian CECLR interestingly has a long-term fixed contract with
the Belgian state to provide training courses for young magistrates as
a part of their professional education.

Several institutions focus on developing training material and toolkits.
Indeed, some organisations see the question of whether to be in-volved
in the large-scale provision of training, or whether to produce
training material and methodologies for other organisations instead,
as a strategic choice. The case of the British Commission for Racial 20
20 Page 21 22
17 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Equality (CRE) illustrates this point. 40,000 public authorities have to
comply with the new law on public duty, which was introduced in the
recently amended Race Relations Act. With a staff of 200, it would be
impossible for the CRE to provide the necessary training. Instead the
CRE has been involved in the planning of the training approach
recommended, and the training itself will be contract-based and
managed by the individual public authorities.

Two institutions, the Dutch National Bureau against Racial
Discrimination and the Belgian CECLR, have developed co-operation
with schools on the combat of discrimination, and have, among other
things, established panels to assess the materials used in primary
schools.

Some institutions provide training by request only and on a fully-funded
basis, while others organise training campaigns targeted to
specific audiences and free of charge.

While cost-free training based on training campaigns directed towards
specific audiences may intuitively seem more effective, the question
appears to be more complex. Evaluations made by the CECLR have
shown that companies or organisations requesting training consider
their motivations more carefully and are more eager to ensure proper
attendance when they incur the costs of the training.

Meanwhile, there has been a gradual shift in focus in the Belgian
CECLR, among others, from traditional anti-discrimination training to
diversity management and inter-cultural communication.

1.4.4. Training of trainers
Most of the institutions place an emphasis on providing training that
involves more persons than the immediate target group. The ap-proach
has been to train teachers who can convey their knowledge to
pupils, to train labour union representatives so that they can work
proactively against discrimination, or to train key administrative staff
so that an equal treatment perspective can be integrated into admin-istrative
practices. 21
21 Page 22 23
18 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.4.5. Campaigning
The majority of the institutions do not invest resources in large-scale
campaigns. This is either because they do not have access to the re-sources
required, or because in some cases such campaigns are not
considered sufficiently effective.

However, organisations such as the CRE and the Disability Rights
Commission in the United Kingdom do organise annual high-profile
campaigns. The CLCLR in Belgium also occasionally conducts large-scale
campaigns, including radio and TV-spots.

Other organisations concentrate on lower-key events, such as the
Danish Board for Ethnic Equality's 'baton conference', which it or-ganises
every year. At the conference, batons are given to compa-nies,
municipalities, organisations or state institutions, which thereby
take on the obligation to work to promote ethnic equality and combat
discrimination inside their particular organisation.

Other institutions are already campaigning in preparation for the im-plementation
of the directives based on Article 13 of the Amsterdam
Treaty. For instance, the Berlin Commissioner for Integration and Mi-gration
is campaigning among other departments and organisations
like housing agencies and discotheques to prepare them for the
changes which Article 13 will involve.

Publicity in relation to court rulings or the issuing of legal opinions
through carefully planned exposure in the media can also be a strat-egy
for placing an institution and its concerns on the mental map of
policy makers and the public. For instance, the Swedish Ombudsman
against discrimination because of sexual orientation actively makes
use of the media in presenting his opinions, and has thereby suc-ceeded
in giving a high profile to the issue. 22
22 Page 23 24
19 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
1.4.6. Co-operation with other organisations, civil society and social partners
All the institutions are involved in co-operating with other organisa-tions,
NGOs and governmental bodies in one way or another. Some
also actively include potentially discriminated groups in their daily
work.

The French CODAC in particular acts as a network-building institution
between its partners, and provides an annual forum for the exchange
of experiences and information. The intention is to make the forces in
civil society actively work with the public administration to promote
integration and combat discrimination via regular working groups
which typically deal with labour market integration, education, housing
and other social conditions, and access to justice.

Some of the bodies which are working either to resolve cases of dis-crimination
or are tackling more structural barriers to equal treatment
are dependent on organisations with greater first-hand knowledge.
For instance, in the Netherlands the Equal Treatment Commission
works to resolve cases of possible discrimination, whereas organisa-tions
like the Expertise Centre on Age and Society and the National
Bureau against Racial Discrimination aim to develop the available
knowledge and documentation concerning discrimination due to age
or ethnic background.

Another way of building networks and capacities is to include
stakeholders in working groups or advisory groups.

One example is the British Commission for Racial Equality's private
company group, which assists the CRE in developing strategies to
make the organisation more visible and effective in a private company
context. Similarly, the Office of the Director of Equality Investigations
in Ireland has established a users' forum where users, stakeholders
and others are invited to participate in discussions about the organi-sation
and its procedures. No specific cases or the legal aspects of
cases are discussed. 23
23 Page 24 25
20 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Finally, the Portuguese Commission for Equality and against Racial
Discrimination, where a Commissioner has a transversal function
spanning a series of different commissions, forums and working
groups, is an example of a particular approach to bringing together
information from representatives of a broad variety of ethnic minority
groups and other groups vulnerable to discrimination.

In conclusion, all institutions surveyed in this study, consider net-working
and the effective exchange of information and experience as
crucial for the efficient conducting of their roles in combating discrimi-nation.

1.4.7. Recommendations concerning information, research and awareness building

The institutions should be ensured sufficient means in order to
make surveys an available tool for analysing the actual level
of discrimination and problems regarding equal treatment.

Institutes should be encouraged to co-ordinate surveys and
make long-term plans on issues to be covered in order not to
allow news headlines and the financial resources available to
determine the areas to be investigated.

Training should be used as a tool for changing discriminatory
practices so that cases of discrimination are not repeated.

Training material and training programmes should be devel-oped
and directed to the target groups – their experiences
should be taken as point of departure for the provision of in-formation
and the change in attitudes and actions.

The institution should focus on training with a multiplier effect
in order for the resources to be spent most effectively.

Formalised structures of networking both at managerial and
staff level can ensure the knowledge sharing and capacity
building between different equal treatment institutions 24
24 Page 25 26

21 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Annex – Specialised Bodies selected for the Study Full details on all these bodies can be found in the Annexes to the full version of the report. Bodies marked in bold
are those chosen for the particular case studies.

Country Name (* 5 case studies) Grounds of discrimination included Role of institution
Belgium Centre for Equal Opportuni-ties
and the Fight Against
Racism (Centrum voor
gelijkheid van kansen en voor
racismebestrijding, Centre
pour L'egalite des chances et
la lutte contre le racisme,
CECLR) *

Racial and ethnic origin.
In the future the Centre will also cover discrimi-nation
based on religion and belief, disability,
age, and sexual orientation.

Informal role in decision-making
Training
Counselling
Legal advice
Mediation
Bringing cases to court

Germany The Commissioner for Integra-tion
and Migration of the Berlin
Senate (Formerly: Commis-sioner
of Foreigners´ Affairs)
(Die Ausländerbeauftragte des
Senats von Berlin)

Racial and ethnic origin, and religious grounds –
mostly related to anti-Semitism and discrimina-tion
against Muslims.

Campaigns
Training
Policy advice
Counselling
Mediation

The Board for Ethnic Equality 1
(Nævnet for Etnisk Ligestilling)
Racial and ethnic origin and religion. Indirectly
with gender issues.
Statements on issues of
discrimination
Counselling
Campaigns

Denmark

The Advisory and Documenta-
tion Centre on Racial Discrimi-
nation (Dokumentations-og
Rådgivningscenteret for
racediskrimination, DRC-DK) 2

Racial and ethnic origin and religion. Telephone hotline
Legal assistance
Legal representation
Research projects

Regional Citizenship Commis-
sions
(Commissions Départementa-
les d'accès à la citoyenneté,
CODAC)

Racial and ethnic origin. Network building
Advice
Specifying redress for
action, correction of dis-
criminatory practices

France

Group to study and combat
Discrimination (Groupe
d'Etude et de Lutte contre les
discriminations, GELD)

Racial and ethnic origin. Free phone line
Analysis of discrimination
Research
Campaigns

1 The Board will be closed by January 2003
2 The Centre's role may be reduced following the discontinuation of govern-ment

funding as of 2002 25
25 Page 26 27

22 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Equality Authority (EA)* Gender, marital status, family status, sexual
orientation, religious belief, age, disability, race
(including colour, nationality or national or ethnic
origin) and membership of the Traveller commu-nity.

Policy advice and com-ments
on legislative ini-tiatives

Campaigns and training
Advice
Legal services
Equality reviews
Research

Ireland

Office of the Director of
Equality Investigations
(ODEI) *

Gender, marital status, family status, sexual
orientation, religious belief, age, disability, race
(including colour, nationality or national or ethnic
origin) and membership of the Traveller commu-nity.

Counselling
Mediation
Investigating complaints
Giving binding and en-forceable
decisions
Italy Commission for Integration 3
(Commissione per le
Politiche di Integrazione)

Also covers integration, not just discrimination.
The grounds covered are racial and ethnic origin
and religion and belief.

Proposing and com-Policies
menting on legislative
initiatives
Luxem-
bourg
Special Commission against
Racial Discrimination (Com-
mission spéciale contre la dis-
crimination raciale, CSP-RAC)

Race and ethnicity. Giving proposals and
policy advice to political
decision-makers
Campaigns and training
Equal Treatment Commis-
sion * (Commissie gelijke
behandeling)

Religion, personal convictions and views, politi-
cal orientation, race, gender, nationality, sexual
preference, marital status, extent of employment
(full-time versus part-time work).
The Commission does not yet cover age and
but legislation is in preparation.

Training
Counselling
Investigating complaints
Hearings
The Commission pro-disability,
vides decisions, opinions
and recommendations,
although they are not
legally binding
Expertise Centre Age and So-
ciety (Expertisecentrum
Leeftijd en Maatschappij, LBL)

Age (including gender and ethnicity-related as-
pects of age).
Training material
Informal policy advisory
role
Stimulating research ac-tivities

The
Nether-
lands

National Bureau against Racial
Discrimination (Landelijk Bu-
reau ter bestrijding van Ras-
sendiscriminatie, LBR)

Race and ethnicity. Training
Advice
Research and studies

Portugal Commission for Equality and
Against Racial Discrimination
(Comissão para a Igualdade e

Race, colour, ethnicity and origin. Recommendations for
adoption of legal meas-
ures

3 The Italian Commission is currently not in function, as the Italian Govern-ment
has not reappointed Commissioners after the first three-year period ran out in July 2001. 26
26 Page 27 28
23 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
contra a Discriminação Racial) Conducting investigations
Disability Ombudsman
(Handikappombudsmannen,
HO)

Physical or mental disability. Reviewing legislation
Campaigns and training
Telephone counselling
Reconciliation
Predominantly labour-related
competences
Ombudsman against dis-crimination
because of sex-ual
orientation * (Om-budsmannen
mot diskriminer-ing
på grund av sexuell
läggning, HomO)

Sexual orientation. Reviewing legislation
Campaigns and training
Telephone counselling
Investigations
Reconciliation
Predominantly labour-related
competences

Sweden

The Ombudsman against eth-nic
discrimination (Ombuds-man
Against Ethnic Discrimi-nation,
DO)

Race, ethnicity and religion. Reviewing legislation
Campaigns and training
Telephone counselling
Investigations
Reconciliation
Predominantly labour-related
competences
Finland Office of the Ombudsman for
Minorities (Vähemmistöval-tuutettu)
Racial and ethnic origin.
The Minority Ombudsman is consulted in asy-lum-
seeker cases and in cases of expulsion.

Statutory right to make
proposals
[Handling asylum appli-cations
– drafting to be
checked following Pro-gramme
Committee
meeting of 28 May]
Legal advice
Juridical assistance
Commission for Racial Equal-
ity (CRE)
Race. Policy advisory role on
Race Relations Act
Training materials
Campaigns
Advice
Formal Investigations
Legal representation

UK

Disability Rights Commission
(DRC)
Disability. A broad definition which also covers
sensory disability and learning difficulties.
Advice to government on
disability legislation
Campaigns
Training
Advice
Assistance in court cases
Conciliation services
Formal investigations 27
27 Page 28
24 Report on the role, structure and functioning of specialised bodies to promote equality and/ or combat discrimination – Final Report
Equality Commission for
Northern Ireland
Political opinion, religious belief, race/ ethnicity,
disability, gender, and marital status.
Formal consultative
status
Public education cam-paigns

Training and capacity
building
Advice
Formal investigations and
non-discrimination no-tices

Support in legal cases 28