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ENAR (European Network against Racism) has recently warned of the risk of the European Convention making no explicit reference to the fight against xenophobia and racism, and that the social policies to combat these phenomena might thus be reduced. Founded in 1998, and based in Brussels, ENAR is one of the achievements of the European Year against Racism. Its members include over 600 organizations in all member countries of the EU. In a recent press release the Network says it is “concerned” by the fact that the draft Constitutional Treaty drawn up by the European Convention, in its articles relating to the ‘area of freedom, justice and security’, excludes the recent advances made by European legislation on the prevention and curbing of racism and xenophobia. In fact the present article 29 of the Treaty on the European Union reads: “Subject to the jurisdiction of the European Community, the objective that the Union sets itself is that of providing citizens with a high level of security in a space of freedom, security and justice, by developing among the member states an action in common in the sector of police and judicial cooperation in penal matters and by preventing and curbing racism and xenophobia”. On the contrary, says ENAR, “the proposal of the Presidium of the Convention explicitly maintains that such an article is superfluous, given the existence of art. 13 of the Treaty of the Community (which permits the EU to act against forms of discrimination). Racist and xenophobic forms of conduct, according to this thesis, would not be considered ‘particularly grave crimes and would have a cross-border dimension’, contradicting not only the reality but also the repeated declarations of the European Council, Commission and Parliament”. “The prevention of and campaign against racism and xenophobia stresses ENAR are indispensable requisites to construct an area of freedom, justice and security for everyone”.
