On March 17, 2020, the European Commission against Racism and Intolerance (ECRI) presented a report on Germany, in which it called for a widened mandate and additional competencies of the Federal Anti-Discrimination Agency (FADA). Equinet shares the view of FADA on the importance of having an effective right of equal treatment and strong anti-discrimination bodies to address the problem of everyday racism. We strongly welcome and support the recommendations in the report, which will enable FADA, as an Equality Body, to tackle intolerance and inequalities more effectively, while providing the necessary assistance to victims of discrimination.
The Federal Anti-Discrimination Agency (FADA)
Established in 2006, under the German General Equal Treatment Act, the Federal Anti-Discrimination Agency is an independent body complying with the EU Directives on Equal Treatment, to help persons who have experienced discrimination on several grounds. Aside from conducting research and reporting to the German Parliament (Bundestag), the Federal Anti – Discrimination Agency currently covers the following tasks:
- Providing information on legal claims;
- Outlining possibilities of taking legal action within the scope of legal provisions for the protection against discrimination;
- Providing referrals to counselling by other agencies;
- Seeking an amicable settlement between those involved.
ECRI Report on Germany
The European Commission against Racism and Intolerance (ECRI) is a Council of Europe body, which monitors human rights, specialising in matters relating to the fight against racism, discrimination (on grounds of “race”, ethnic/national origin, colour, citizenship, religion, language, sexual orientation and gender identity), xenophobia, antisemitism and intolerance in Europe. By monitoring, preparing reports and issuing recommendations, it assists the Member States in tackling intolerance and discrimination.
The new report on Germany advocates strengthening the Federal Anti-Discrimination Agency as a National Equality Body. ECRI recommends that the German authorities bring the provisions on FADA’s competences, powers, independence and effectiveness in line with ECRI’s General Policy Recommendation No. 2 on Equality Bodies. By noting FADA’s current challenges resulting from a mandate limited in its scope, the ECRI report proposes several ways in which its competencies can be extended. In particular, they should:
- Extend its mandate to cover hate speech, the grounds of skin colour, language, citizenship and gender identity and intersectional discrimination;
- Make sure that its mandate covers all areas of the public and private sector that are under the competence of the Federation;
- Provide it with the competences to intervene in the legislative procedure, provide people exposed to racism and discrimination with legal assistance, represent them before institutions, adjudicatory bodies and the courts, bring cases in its own name and intervene in legal proceedings as amicus curiae, third party or expert;
- Provide it with the power to hear witnesses;
- Reform the appointment procedure for its head;
- Stipulate that it drafts annual reports for discussion by parliament and government;
- Provide it with sufficient human and financial resources.
Click here to read the full ECRI Report on Germany.
