§ Mr. Gerald HowarthTo ask the Secretary of State for Foreign and Commonwealth Affairs in which EU countries(a) racism and (h) xenophobia is a criminal offence; and how it is defined in each case. [91131]
§ Mr. RammellCriminal law provisions that explicitly include the prohibition of racist and xenophobic behaviour are in place in all EU Member States.
The joint action of 15 July 1996, adopted by the Council on the basis of Article K.3 of the Treaty on European Union provides a common definition of racist or xenophobic behaviour, referring to public incitement to discrimination, violence or racial hatred in respect of a group of persons or a member of such a group defined by reference to colour, race, religion or national or ethnic origin. However, the interpretation of this definition does vary amongst EU member states. A number of states, including the UK, have also entered significant reservations in regard to this Joint Action in order to protect freedom of speech and to reflect their legal traditions in regard to use of civil law.
In its definition of racist or xenophobic behaviour, the joint action includes public condoning, for a racist or xenophobic purpose, of crimes against humanity and human rights violations; public denial of the crimes defined in Article 6 of the Charter of the International Military Tribunal appended to the London Agreement of 8 April 1945; public dissemination or distribution of tracts, pictures or other material containing expressions of racism and xenophobia; participation in the activities of groups which involve discrimination, violence, or racial, ethnic or religious hatred.
EU member states are in the process of agreeing a framework decision on racism and xenophobia which will supersede the joint action.