Incorporating cities into the EU anti-discrimination policy: between race discrimination and migrant rights

Abstract

This contribution elaborates on the role of local governments in the implementation of EU anti-discrimination policy by taking as an example the work of Barcelona's Office for Non-Discrimination (OND) and its practice in dealing with issues of race and ethnic origin. First, the OND is presented as a local counterpart of state equality bodies. Second, in order to make a more solid argument around the incorporation of cities into EU anti-racial discrimination policy, the OND's broad and intersectional approach to race discrimination as part of migrant human rights is discussed, as well as the way in which the OND performs legal assistance. Based on these findings and drawing on concepts of governance and subsidiarity, the last part of the article reflects more generally on the position and added value of cities in a multi-level system of implementation of the EU racial anti-discrimination policy.

Keywords:

• European Union
• discrimination
• human rights
• race
• migration
• cities

Acknowledgements

I am grateful to my co-editors and the anonymous reviewers for their comments and suggestions on earlier drafts of this article. This research was supported by doctoral grants from the European University Institute and the Italian government, and a postdoctoral fellowship from the Portuguese Federation for Science and Technology (FCT).

Notes

1. This note clarifies my view on human rights, equality and non-discrimination, and the way in which I use these terms in relation to the different polices presented in this contribution. I consider discrimination and equality to be part of human rights, although there is a tendency to treat them as autonomous policy fields, including at the EU level. At the same time, I consider non-discrimination to be part of the larger concept of equality. In this paper, I employ the following conventional expressions: ‘EU anti-discrimination policy’ refers to the overall EU machinery based on the racial equality and equal employment directives (I opt for this term to distinguish this policy from the ‘EU equality policy’, which still refers mainly to the gender equality machinery); ‘state equality bodies’ to refer to state agencies which are intended to implement EU directives related to race and/or gender (discrimination and/or equality); finally, I will refer to the OND as a local ‘anti-discrimination agency’ because this is what the OND calls itself and mainly is (although, as will become clear, the OND also deals with the promotion of equality and human rights issues).

2. For some information on the project, which is still at an early stage, see http://fra.europa.eu/fraWebsite/attachments/Factsheet_Joined_Up_Gov.pdf (accessed 29 July 2010).

3. Much of the content of this article is based on interviews I conducted in Barcelona between 2005 and 2010 with people related to the OND, including its director and staff. Some general information on both the RDC and, through the appropriate link, the OND was found and can still be found on the RDC's official website: http://w3.bcn.es/XMLServeis/XMLHomeLinkPl/0,4022,259064949_271177360_1,00.html (accessed 10 June 2010). On this website the OND reports on its case statistics are also posted.

4. See http://www.oficinanodiscriminacio.org (accessed 22 August 2008).

5. Interview with Agustí Soler (Head of RDC, 1995–9), Barcelona, 16 February 2005.

6. See http://www.migualdad.es/ss/Satellite?cid=1193049480875&pagename=MinisterioIgualdad%2FPage%2FMIGU_contenidoFinal (accessed 30 December 2010).

7. See www.oberaxe.es/ (accessed 3 June 2010).

8. Interview with Guadalupe Pulido (OND Director), Gustavo Czech-Bergtholt Tejeria (OND technician) and Anna Figueras (lawyer), 18 February 2010.

9. Interview with Miguel Angel Aguilar (FDOD), Barcelona, 18 February 2010.

10. The information on the CEOORs’ mandate and competences that I will report in the following is taken from the CEOOR's website. See http://www.diversiteit.be (accessed 27 July 2010).

11. Interview with Pulido, Czech-Bergtholt Tejeria and Figueras, 18 February 2010.

12. Interview with Pulido, Czech-Bergtholt Tejeria and Figueras, 18 February 2010.

13. Interview with Isabela Santaulària (OND technician), Barcelona, 4 December 2006.

14. See http://www.diversiteit.be/?action=onderdeel&onderdeel=57&titel=FAQ#8 (accessed 27 July 2010).

15. Interview with Pulido and Czech-Bergtholt Tejeria, Barcelona, 17 November 2004.

16. Interviews with Santaulària, Barcelona, 7 December 2006 and Pulido, Czech-Bergtholt and Figueras.

17. Interviews with Pulido, Czech-Bergtholt and Figueras.

18. Interviews with Pulido, Czech-Bergtholt and Figueras.

19. Interviews with Pulido, Czech-Bergtholt and Figueras.

20. Interviews with Pulido, Czech-Bergtholt and Figueras.

21. Many of these conflicts involving the police actually end up in court and therefore are solved by a third party – the judge. This may neutralize the politics around these conflicts. Interview with Santaulària, Barcelona, 7 December 2006.

22. In 2007, Aguilar was appointed Fiscal interlocutor contra la homofobia (literally: ‘Prosecutor interlocutor against homophobia), with a mandate to enter into a dialogue with different stakeholders in the field (including the OND). In 2009, his competences were expanded and he became FDOD. Interview with Aguilar, 18 February 2010.

23. In 2007, Aguilar was appointed Fiscal interlocutor contra la homofobia (literally: ‘Prosecutor interlocutor against homophobia), with a mandate to enter into a dialogue with different stakeholders in the field (including the OND). In 2009, his competences were expanded and he became FDOD. Interview with Aguilar, 18 February 2010.

24. I received information on RADAR from the United Cities and Local Governments association as part of a study that the Centre for Social Studies of Coimbra is carrying out for the association.

25. Interview with Aguilar, 18 February 2010.