Last year the United Nations General Assembly adopted a resolution declaring 15 March the International Day to Combat Islamophobia. In the Council of Europe, we consider this important development as a resolute step of the international community to fighting Anti-Muslim racism and hatred as well as all forms of discrimination against Muslims. Indeed here, in the Council of Europe, we have chosen to discuss Anti-Muslim racism and hatred instead of Islamophobia as this last term is more widely used in a political lexicon while we concentrate on legal terms.
Addressing any problem should start by acknowledging its existence and by analysing ourselves first of all. Europe takes pride in being a place of respect for human rights, the place where individuals enjoy their freedoms, and can peacefully live while their diversity and equality is respected and guaranteed. These are values that we consider universal. We continue to develop and improve their effective practice and are committed to pass them on to future generations with ever stronger foundations.
These values concern all Europeans irrespective of religious affiliations, real or perceived. No one can be excluded, any discrimination must be identified, fought against if it has effectively occurred, and preferably prevented before it happens.
In the broad Europe of our 46 member states, Muslim populations have lived for centuries. Muslims are integral part of Europe. They are as European as those who belong to other traditional European religions – Christianity and Judaism. No one can reasonably dispute it. These are just facts. At the same time, Europe is very diverse, which contributes to our richness, and the history of Muslims and Muslim communities in our member states reflect these differences. Indeed, in a number of them, Muslims traditionally represent the majoritarian populations, in others there have historically been significant Muslim communities, whilst in some, Muslim communities have rooted much more recently. However, in all of our member states, the rights of Muslims must be guaranteed and protected at the same level as their non-Muslim fellow citizens.
The Council of Europe as the guardian institution of democracy, rule of law and human rights is uniquely placed and has a leading role to play in ensuring these rights are effective and, when needed, doing its utmost to combat Anti-Muslim hatred, which unfortunately, like other forms of racism, still exists in our societies. Recognising such a reality and combating it does not make us weaker. Quite the contrary.
Combating racism, hatred and discrimination, defending minorities, guaranteeing individual and collective rights of Europeans, this is what the Council of Europe, as a major standard-setter of the continent, has been doing since its creation at all levels and by all means. European treaties are European standards sealed by members states which reflect a pan-European consensus and joint commitment. Our cornerstone treaty is the European Convention on Human Rights, which set major European standards on enjoyment of human rights and liberties. It contributed to the formation of a European public order where every individual is protected against all forms of discrimination and racism.
Article 14 of the Convention explicitly prohibits discrimination. It clearly states that “the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion…” and Article 9 guarantees that “everyone has the right to freedom of thought, conscience and religion…”
Protocol No. 12 (of 2000) broadens the scope of this protection, introducing a truly general prohibition of discrimination.
Since the adoption of the Convention in 1950, fighting against all forms of discrimination and racism has inspired our work and for more than 70 years, major Council of Europe bodies and institutions have been developing and building on these principles.
Our Committee of Ministers and the Parliamentary Assembly have been at the forefront of this everyday work. The Committee of Ministers has a lead in formulating our Organisation’s goals and priorities in this area. The Parliamentary Assembly where national parliamentarians from across Europe come together, prepares reports, adopts recommendations and resolutions. Its work is indispensable in raising awareness and helping national parliaments align themselves with pan-European standards. The European Court of Human Rights, by interpreting the Convention, enables it to be a living and effective instrument. The Congress of Local and Regional Authorities is another body that contributes to combating discrimination and racism at the local and regional level. The Commissioner for Human Rights also plays a key role and enhances our ability to be an effective institution in upholding our principles and safeguarding our standards.
Fighting racism and discrimination has always remained one of the major priorities of the Council of Europe throughout the years. In 1993, the first Summit of Heads of States and Governments of our Organisation, in view of streamlining this important line of work created the European Commission Against Racism and Intolerance (ECRI). Since then, this unique human rights expert body monitors action against racism, discrimination, and intolerance in Europe. In doing so, it prepares country reports and opinions, but also has an important thematic activity, in particular by adopting its General Policy Recommendations which provide guidance to all our member states.
The ECRI plays a pivotal role in the Council of Europe’s efforts in combating all forms of discrimination. In order to address recent trends, the ECRI focused on the revision of its General Policy Recommendation No. 5, initially adopted in 2000, on preventing and combating anti-Muslim racism and discrimination, a process which was finalised on 8 December 2021. The Recommendation No. 5 gives a faithful picture of difficulties experienced by Muslims in Europe, in particular by presenting a clear picture of current problems including stigmatisation, discrimination and hate-motivated violence.
To fight discriminations, we need to clearly understand what they represent. Varied reports and studies, including those published by the Council of Europe, show that European Muslims face stigmatisation and discrimination based often on their names, dress, and traditions. Despite efforts by national authorities undertaken in recent years, people with names suggesting they may be Muslims are still much more likely to be refused employment.
In this context, Muslim women and girls seem to face even greater difficulties. Not only do they risk suffering from the inequalities all women do, but they are also at risk of particular discriminations related to the way they are perceived in their communities and by a larger public, from their choice to wear or not to wear scarfs, to entering particular professions. Respecting their rights, guaranteeing equality of opportunities, assuring freedom of choices must remain among our priorities.
General Policy Recommendation No. 5 puts forward a list of actions for the consideration of national authorities to help and guide them to address the problems experienced by Muslims. To start with, it advises a formulation of Policies and Institutional Coordination where authorities at all levels streamline, coordinate, and prioritise their policies in combating anti-Muslim racism. Prevention is another key element of Recommendation No. 5 which encourages a firm public stand to be taken and all such measures to be put in place against all forms of anti-Muslim racism, delivering the message that it will never be tolerated. Protection is a natural sequence of the measures recommended. It expects authorities to ensure the protection of Muslims, Muslim communities and their institutions by promoting cooperation while acknowledging the primary responsibility of the member states. Finally, Prosecution is essential to stamp out any sense of impunity, instilling confidence towards national and local authorities. Member states are expected, inter alia, to ensure that the legislation enables law enforcement agencies and prosecution services to combat anti-Muslim racism effectively.
In discussing the Council of Europe’s actions in fighting Anti-Muslim hatred, it would be incomplete to not underline the input of the European Court of Human Rights. The Court delivered crucial judgments, creating a case-law and judicial tradition that protects every individual against discrimination and racism. The Court makes sure that religious people, their faith, and those they hold sacred cannot be insulted or perjured. The Court is there for everyone, for the religiously observant as well as those living a secular way of life.
The Court’s case-law and ECRI’s work provide a solid basis for intergovernmental work in the Council of Europe’s Steering Committee on Anti-discrimination, Diversity and Inclusion. Such structured cooperation between governments is essential to develop, deepen and harness a shared understanding and common policies and standards to combat racism and intolerance.
Finally, talking about the Council of Europe’s actions to fight anti-Muslim hatred, it is important to mention the leadership of the Secretary General of the Council of Europe. It is by her personal resolute commitment to fight all forms of discrimination that she decided to appoint a Special Representative of the Secretary General on Antisemitic, Anti-Muslim and other forms of religious intolerance and hate crimes and to create the SRSG’s Office. At this particular moment, she deemed that it was of crucial importance to streamline and better coordinate the action of our Organisation in this area, to make our work better known, to be more attentive to and at the disposal of those who need our help.
On marking the first International Day to Combat Islamophobia, I see no harm in reminding that Europeans belonging to different religions and faiths, as well as those who do not believe and do not belong to any confession are part of a broader community, the one uniting us all around our values and principles of democracy and human rights, the one that we may call a Europe of fraternité.