A national action plan to combat racism, xenophobia, homophobia and discrimination

Written Government Communication 2000/01:59

A national action plan to combat racism, xenophobia, homophobia and discrimination

The Government presents this written communication to Parliament. Stockholm, 7 February 2001

Lena Hjelm-Wallén Mona Sahlin

(Ministry of Industry, Employment and Communications)

Main content of the Communication

In this document the Government presents both measures taken to combat racism, xenophobia, homophobia and discrimination on the basis of ethnic affiliation and sexual orientation, and current relevant legislation. The Government also outlines a national action plan. The action plan identifies various key areas and problems which need to be remedied in the continuing work against racism, xenophobia, homophobia and discrimination. The action plan also contains several new concrete initiatives.

Summary

This document outlines the measures taken by the Government in different areas to combat racism, xenophobia, homophobia and discrimination on the basis of ethnic affiliation and sexual orientation. The document concludes with a national action plan for future work.

The work of combating and preventing racism, xenophobia, homophobia and discrimination is performed, and must be performed, through a number of different measures at all levels and in all sectors of society.

Sweden has ratified a number of human rights conventions and has thus pledged itself to their observance. In 2000 the European Council of Ministers adopted two directives aimed at combating discrimination. The directives are of significance for Swedish antidiscrimination legislation. During 2001 the UN is organising a third international conference against racism, etc.

One of the points of departure of the national work against racism, xenophobia, homophobia and discrimination is domestic policy. Education policy, labour market policy and social welfare policy play a central role. Some policy areas are more directly linked than others to the work of preventing and combating racism and similar intolerance. This Communication focuses in particular on the Government’s efforts to deepen democracy and its work in the areas of integration policy and minorities policy.

The Communication also includes a brief outline of the situation with respect to racism, xenophobia, homophobia and discrimination in Swedish society. A separate chapter gives an account of earlier measures against racism, etc., including the work of the national coordination committee for the 1997 European Year against Racism and the Government’s Living History information project.

The Communication also outlines the regulations aimed at protecting people from racist and xenophobic utterances and discrimination, and work currently being carried out in this field.

The way in which legislation is applied is of central importance. The Communication outlines the tasks and priorities with which the judicial authorities have been charged in recent years with respect to crimes containing racist, xenophobic or homophobic elements, and the crime of unlawful discrimination.

The work of the different ombudsmen is an important feature of public efforts to combat discrimination. On 1 May 1999 three laws entered into force forbidding discrimination in working life on the basis of ethnic affiliation, sexual orientation and functional disability. The appropriations to the offices of the ombudsmen have been increased in recent years. This has considerably improved their capacity to prevent and combat discrimination in working life.

The Communication also reports on the work of the National Integration Office to combat racism, xenophobia and ethnic discrimination. In the spring of 2000 the Integration Office was charged by the Government with a number of tasks in this area. These included the setting up of a national knowledge bank; consultations and dialogue with organisations, municipalities and other stakeholders; the development of an advisory and supportive service for municipalities which have problems with racist or xenophobic tendencies; and training measures for people in key positions to increase their awareness and understanding of ethnic discrimination.

The education system is an institution which affords a unique opportunity to create awareness among children and young people of democratic principles and the respect for

others that is so essential in society. The Communication also reports on the content of various educational policy documents which are of importance for the work of combating racism, xenophobia, homophobia and discrimination, and on different concrete measures concerning basic values. These include the basic values project conducted by the Ministry of Education and Science in 1999 and 2000 and various tasks assigned by the Government to the National Agency for Education.

The labour market and working life sectors are also discussed in the sections which concern other areas besides the work of the ombudsmen, such as measures within the framework of the total defence system and cultural policy. The mass media are dealt with in a separate chapter of the Communication which contains a report on the information project Quick Response, which has received financial support from the National Integration Office during the past two years.

The concrete work to combat racism, xenophobia, homophobia and discrimination is largely carried out at local level. Active measures by NGOs and organisations of different types are indispensable. Nevertheless, Government and national bodies have an important part to play in providing support and advice which facilitate and support the local work. The Communication reports on a number of measures and types of activity to this end, such crime victim support, the activities of local crime prevention councils and local antidiscrimination offices, the Exit project and a Swedish Inheritance Fund project to support local work with young people in 2001–2003.

The action plan with which the Communication concludes is an attempt to coordinate the different kinds of work against racism, xenophobia, homophobia and discrimination in the light of recent developments in society. The action plan should not be viewed in isolation but as part of an ongoing process.

The action plan identifies different key areas and problems which need to be remedied in the continuing work against racism, xenophobia, homophobia and discrimination.

The action plan also contains a number of new, concrete initiatives. These include an inquiry into the possibility of introducing general anti-discrimination legislation which would cover all or several types of discrimination and social sectors. This inquiry will also examine the question of the different ombudsmen’s tasks and areas of responsibility and the possibility of combining some or all of their offices.

The action plan also announces that the Government will work towards fully utilising existing anti-discrimination clauses in public procurement. In this context an inquiry is announced which will examine the possibility of combining government support measures with a non-discrimination requirement.

A number of commissions to different strategic authorities, such as the judicial authorities, the National Agency for Education and the National Labour Market Board are also presented or announced. The National Council for Crime Prevention will shortly be given the task of monitoring the legal system’s combined measures against crimes containing racist, xenophobic or homophobic elements and the crime of unlawful discrimination. In 2001 the Office of the Ombudsman against Ethnic Discrimination will carry out long-term strategic work to prevent and combat discrimination against the Roma (Romany).

The ongoing to establish a Living History Forum is outlined, as is the current work of the National Integration Office to set up a national information bank and an advisory and supportive service for municipalities.

Important sections of the action plan concern different forms of cooperation between the Government and other stakeholders, not least NGOs. These include the National

Integration Office’s ongoing work of consultation and dialogue; the Community initiative Equal, under which work against discrimination in working life is to be carried out in ‘development partnerships’; and the work of the Council for the European Social Fund in Sweden of disseminating information about the EU action plan on discrimination and assisting NGOs and others wishing to apply for financial support from the Commission within the framework of the action plan.

It is the Government’s hope that the action plan will help to mobilise the whole of society – government authorities, municipalities and county councils; trade union organisations, employers’ organisations, business and trade associations; NGOs; and the general public – in the fight for a Sweden where each individual is respected, regardless of colour, ethnic or national origin, religious belief or sexual orientation.

1 Introduction

1.1¶Background and purpose

The Government has declared that the work of combating racism and all types of discrimination in different areas is one of the most important social issues of all.

In Sweden, as in many other European countries, more explicit and aggressive forms of racism and xenophobia have emerged in recent years. These have manifested themselves in acts of violence and harassment of a racist, anti-Semitic or homophobic nature. Those attacked have included individual immigrants, homosexuals, Jewish people and Roma (Romany), active anti-racists, and journalists, polemicists, police officers and politicians in their capacity as representatives of the democratic society. Crimes of this nature are also attacks on democratic governance and the fundamental principle of the equal worth of all people.

Discrimination in its different forms also represents a violation of the principle of the equal worth of all people. Research and the experience of the offices of the national ombudsmen indicate widespread ‘everyday discrimination’ in Swedish society. Most affected are those in our country with an immigrant background, but members of national minorities such as the Roma and the Sami (Lapp), homo- and bisexuals, and people with functional disabilities are also affected.

At the same time, there is also uncertainty in many groups in society about what discrimination actually means, the expressions it takes, and the mechanisms behind it. Discrimination is often regarded as a marginal phenomenon. This, in combination with a lack of deeper understanding of the significance of discriminating actions – not least of the sense of violation felt by the person discriminated against – can lead to an acceptance in society of behaviour that is both unlawful and totally unacceptable in humanitarian terms.

The work of combating and preventing racism, xenophobia, homophobia and discrimination is performed, and must be performed, through a number of different measures at all levels and in all sectors of society.

One of the points of departure of the national work against racism, xenophobia, homophobia and discrimination is domestic policy. It is important to consolidate democratic ideals and values through such means as measures to increase citizens’ participation and influence in the democratic process. Schools and other sections of the education system have a vital role to play in this respect.

Domestic policy must also allow everyone in Sweden genuine opportunities to feel part of the social community and to have power over their own lives. The right of everyone to employment, education, housing and a fair distribution of social resources is thus of central importance.

Swedish legislation contains numerous regulations affording protection against racist and xenophobic utterances and discrimination. The application of the legislation by the legal authorities is of central importance. The same applies to the work of the Ombudsmen, for example with respect to compliance with labour law legislation on discrimination. Active measures by NGOs and organisations of different kinds are also vital.

However, no comprehensive survey has yet been carried out of the work against racism, xenophobia, homophobia and discrimination in different sectors of society. Similarly, there is no systematic method in place for gathering and disseminating information and experience from projects and measures which have proved successful in different sectors of society. The same is true with research findings, which are not circulated sufficiently widely that they can be put to practical use.

Many municipalities, schools, trade unions and other organisations wanting to work to combat racism and xenophobia express the need for a body to which they can turn for information, advice and support. It is particularly important that people who are subject to racist and discriminating acts, as well as concerned people at local level, are aware of the regulations that apply and the support they can receive from different social institutions.

In view of the above, there is a need to dedicate further resources to preventing and combating such phenomena as racism, xenophobia, homophobia and discrimination. It is important to coordinate this work and give it a more structured form and the long-term perspective and continuity that are lacking today.

A step in this direction was taken in the spring of 2000 when the Government gave a number of assignments to the National Integration Office and at the same time presented further initiatives against racism and discrimination.

These measures have helped improve the basis on which to build broad-based, continuous and long-term work against racism, xenophobia and discrimination. For example, opportunities for cooperation between authorities have been improved. Both NGOs and individuals exposed to violence or other attacks of a racist character or to discrimination have experience and expertise which should be utilised. They can help illuminate different forms of racist utterance and discrimination, and provide the Government with material on which to assess the need for further measures. The tasks assigned to the National Integration Office and other initiatives taken during the spring of 2000 are described in more detail later in this Communication.

At the same time as it presented this step, the Government also announced that another step, aimed at a national action plan against racism, xenophobia and discrimination, would follow.

This Communication is that second step. In implementing the measures presented here the Government wishes to further improve the ground on which to work against racism, xenophobia, homophobia and discrimination in all areas of society.

A thorough review of work already carried out is a necessary basis for future measures. For this reason the Communication reports on current legislation in the field; the responsibilities, tasks and activities of the national authorities; and current development and reform work. A final section presents an action plan against racism, xenophobia, homophobia and discrimination which identifies key areas for future work and problems that need to be remedied. The action plan also contains a number of new government initiatives.

1.2¶Limitations

A document of this present type must be clearly defined. It cannot include every measure in every policy area connected with the subject. Even a general summary would run the risk of exceeding the boundaries of what is possible, reasonable and operationally meaningful. There would be a danger that the Communication – and not least the action plan it contains – would be perceived as too extensive, labyrinthine and unfocused and definitely not to be contributing to the rationalisation of measures that is intended.

For this reason, this Communication contains measures which are aimed more or less directly at racism, xenophobia, homophobia and discrimination on the basis of ethnic affiliation and sexual orientation. The choice of terminology has partly been determined by practical constraints and in no way excludes measures against, for example, Nazism, anti-Semitism, anti-Muslim or anti-Romany attitudes and behaviour. What matters in the context is whether what is at issue is a question of ideologies, attitudes, values or actions that contravene the principle of the equal worth of all people.

Fairly extensive work has been under way in Sweden for a number of years concerning gender discrimination. In the autumn of 1999 the Government presented to Parliament the Communication Jämställdhetspolitiken inför 2000-talet (Gender Equality Policy for the 21st Century) (1999/2000:24), which included a report on recent work in the areas of discrimination on the basis of gender and violence against women. For this reason gender discrimination is not included here. Nevertheless, it is important to underline that a gender perspective must permeate integration policy work and measures against racism, homophobia, etc. to a far greater extent than hitherto. It is important to draw attention to the fact that expressions of racism and homophobia, and discrimination, can affect women and men to different degrees and in different ways. For example, women and girls risk double discrimination: because of their gender and because of their ethnic affiliation.

With respect to discrimination on the basis of functional disability, the Government presented in the spring of 2000 the Bill Från patient till medborgare – en nationell handlingsplan för handikappolitiken (From Patient to Citizen – A national plan of action for disability policy) (prop. 1999/2000:79). One goal set out in that action plan is a social community based on diversity. Work within the framework of disability policy should include preventing and combating discrimination against people with functional disabilities. In view of the disability policy action plan, discrimination on the basis of functional disability will be dealt with in the present document only where the context or other special reasons make it natural to do so.

The importance of a children’s and young people’s perspective in the work to combat racism, xenophobia, homophobia and discrimination also needs to be stressed.

Measures within the framework of domestic policy are dealt with very briefly in the Communication. The focus is primarily on measures aimed at deepening democracy and measures within the framework of integration policy and minorities policy.

It is not always easy to draw a clear distinction between general measures aimed at promoting integration and measures to combat racism, xenophobia and ethnic discrimination. Integration policy measures directed at relatively recent immigrants, such as Swedish-language classes, interpreting services, civic information and so on, fall outside the framework of this work. The same applies to most of the integration policy measures aimed at creating equal social and cultural opportunities for all, regardless of ethnic and cultural background, which are not aimed directly at eliminating discriminating mechanisms or structures.

Developments in the field of integration policy will, as previously announced by the Government, be fully reviewed in a written communication to Parliament in the spring of 2002. At the same time, the work of the Government to increase ethnic and cultural diversity in working life in general, and in the public sector in particular, will also be outlined. Some measures to that end are already included in the present Communication. These include those which the Government regards as more directly linked to the work of combating racism or discrimination.

Another limitation means that migration policy is not dealt with in this Communication. Naturally, however, there are links between the structure of, on the one hand, asylum and immigration policy and, on the other, attitudes and approaches in Sweden which are related to racism, xenophobia and ethnic discrimination. For this reason, and others, asylum and immigration policy must be characterised by humanity and respect for the principle of the equal worth of all people. Moreover, reception procedures must be organised in such a way as to ensure the successful integration of individual immigrants.

[…]

3¶Racism, xenophobia, homophobia and discrimination in Swedish society – a brief outline

3.1¶Racism, xenophobia and homophobia

Racist organisations and networks The extreme right in Sweden has consisted for the past decade or so of a racist element and an ultra-nationalist element. The former has a non-parliamentary orientation and usually goes under the name of the white power movement. The latter seeks legitimacy within the parliamentary system.

The emergence of increasingly radical and violently-inclined groups with an explicitly racist bias began in the 1980s. That was when the representation of the state as archenemy began to take hold and assume practical form. It was then too that ‘activists’ began for the first time to regard themselves as part of a resistance movement against ‘a Jewish

occupational force’, and the acts they perpetrated as self-defence. It was also in the 1980s that gross acts of violence against homosexuals in particular, and the increasingly systematic persecution of people regarded as ‘enemies of the movement’, began to escalate.

An important source of inspiration for the expanding racist movement was, and is, extremist thinking from the USA. These ideas are blended in Sweden with our own inherited European national socialism and anti-Semitism. The ultimate goal of the extraparliamentary racist movement is the revolutionary seizure of power in order to ‘save the white race’.

According to the Swedish Security Service (SÄPO), the different groups within the white power movement have developed relatively slowly. With very few exceptions, they no longer organise themselves in permanent organisations. Organisations come and go, reform, dissolve and reappear in new constellations. Leading activists change ideological direction within the different factions that exist within the white power culture. It is more relevant today to talk about loosely connected networks, autonomous and private individuals linked together by shared ideological values.

Researcher Heléne Lööw of the National Council for Crime Prevention (BRÅ) has described the white power culture with all its groups and individual stakeholders as a number of concentric circles. In the innermost circle are a hundred or so individuals in leading positions in existing groups or with high status in other areas. These include hardened criminals who are members of various prison organisations.

The next circle – larger than the first – contains a thousand or so individuals who are more or less active in different contexts. Around these are a further thousand or so who are less active, and around them a larger ring of ‘consumers’ of racist materials. Very little is known about who these consumers actually are. They can emerge on individual occasions but are not as yet part of the white power culture’s better known factions. However, during the 1990s it was possible to detect a trend towards individual consumers crossing over into more active roles.

Today the leading racist group with national ambitions is the Nationalsocialistisk front. Its membership is estimated to be approximately 200. The active core consists of 20 or so young people, most of whom have committed and been convicted of various politicallymotivated crimes.

There is extensive international exchange within the white power movement. Activists from different countries meet regularly in connection with white power concerts, political meetings and demonstrations both in Sweden and abroad. In recent years the Internet has provided a meeting-place for white power advocates from all over the world (see below).

In Sweden, ultra-nationalist parties have not experienced the kind of parliamentary penetration that has occurred in some other countries on the continent. Sverigedemokraterna is the party which has achieved most success in a general election. In the 1998 election the party received a total of some 20 000 votes and won eight local government mandates. Ultra-nationalist parties like Sverigedemokraterna quite often base their propaganda on a xenophobic message with racist undertones.

Alongside Sverigedemokraterna a number of smaller, local or regional, strongly antiimmigrant protest parties have emerged. Most of them have been relatively short-lived but others have managed to achieve greater stability and have won some success at local government level.

Spreading the racist message

The international aspects of the racist movement can be seen, inter alia, in a study by the European Monitoring Centre on Racism and Xenophobia. The report confirms fears that the Internet has become a meeting-place for white power advocates around the world.

It is the Internet along with so-called white power music that provide the principal means for racist activists to spread their message. Racists and anti-Semites see great potential in these media, and with good reason. The Internet allows them to reach beyond their normal recruiting base. Through the Internet they can reach a potential audience of millions, it is cheap, and it allows considerable anonymity.

According to the Simon Wiesenthal Center, there were almost 2 100 Internet websites in 1999 promoting racism, anti-Semitism and neo-Nazism. In 1995, according to the same source, there was only one.

The Internet has also expanded opportunities for businesses to market themselves and sell records of white power music, which occupies such a central role in racist underground culture. In addition to records, the Internet also provides a market-place for magazines, books, stickers, videos, T-shirts, badges and so on. Sales of such materials, besides providing ideological propaganda, also function as a source of income for national socialist and racist organisations and groups.

It is difficult to obtain a clear picture of the extent of the sales and production of CDs of white power music since the companies producing them do not openly declare their activities. According the report Vit maktmusik en växande industri (White Power Music: A growth industry) 1999:10 by the National Council for Crime Prevention (BRÅ), some 322 different CDs by white power bands were on sale via the Internet in 1999. According to the same report at least 25 racist magazines were published regularly in Sweden in the same year.

The message in the music and publications is directed primarily at young people. Young people have also long been the primary group from which different extremist groups have recruited supporters.

A report published jointly by the Centre for International Migration and Ethnic Relations at Stockholm University (CEIFO) and the National Council for Crime Prevention (BRÅ), entitled Utsatthet för etniskt och politiskt relaterat hot m.m., spridning av rasistisk och antirasistisk propaganda samt attityder till demokrati m m bland skolelever (Exposure to ethnic and political violence, distribution of racist and anti-racist propaganda, and attitudes towards democracy among Swedish school youth) (1997), reveals that 17.1% of all young people have at some time come in contact with materials from at least one racist organisation. 12.2% state that they sometimes or often listen to racist music, and 7.8% report that they have read a racist magazine at least once.

The study shows that boys read racist magazines and listen to racist music to a much greater extent than girls.

Crimes containing a racist, xenophobic, anti-Semitic or homophobic element

During the 1980s and 1990s Swedish society witnessed a number of violent crimes of a racist or homophobic nature. At the same time, many people – including those with immigrant backgrounds, homosexuals, Jewish people and Roma – have been the victims of ‘hidden’ ideologically-motivated crimes. And even more have experienced the anxiety and fear that such crimes give rise to.

Researcher Heléne Lööw has demonstrated that a change took place in the strategy of the racist groups during the 1990s, in that the targets of their criminal activities changed somewhat. Acts of violence and other crimes are now increasingly directed towards active anti-racists and the democratic society and its representatives in the political sphere, government authorities (for example the legal system, especially the police), and the mass media.

Threatening or committing acts of violence against individuals because of their ethnic or sexual orientation, or because they are exercising their civil rights and freedoms, is a threat against democracy and has been condemned by the National Police Board as a threat against national internal security. For this reason, monitoring individuals and groups committing these crimes has become one of the primary tasks of the Swedish Security Service (SÄPO). SÄPO increasingly supplies the police with information. This information in turn provides the basis for police operations.

SÄPO’s Department for Protection of the Constitution is currently conducting a survey of crimes related to national internal security. Within the framework of this work statistics are being compiled of crimes reported to the police which contain racist, anti-Semitic and homophobic elements. The statistics are presented annually in an official report. The report Brottslighet kopplad till rikets inre säkerhet 1999 (Offences related to national internal security 1999) (SÄPO, 2000) presented for the third consecutive year comparative statistics of crimes reported to police.

The statistics from these three years show that reported crimes containing racist, anti- Semitic and homophobic elements increased dramatically between 1997 and 1999. In 1999 a total of 2 363 crimes containing racist and xenophobic elements were reported. In 1997 the figure was 1 752. The crimes reported were primarily unlawful threat, assault, molestation, insulting behaviour and racial agitation. The county of Skåne saw the greatest increase in the number of crimes reported to the police during this period.

Although some of these crimes are committed by people who have links with the white power culture, the report shows that in the majority of cases it is not possible to establish such a link.

SÄPO’s statistics also indicate that crimes of violence are increasing in frequency and severity. Cases of assault not classified as gross accounted for the greatest numerical increase, with 100 reports between 1997 and 1999. The number of reported cases of gross assault increased from 16 to 30 in the same period.

The crime of racial agitation is one of the crimes which experienced a decline in 1999 compared with 1998: 249 reports compared with 257. However, the rate is still high in comparison with 1997, when 166 reported cases of racial agitation were registered. There are various explanations for the decline in the number of reported cases in 1999. According to SÄPO the sharp increase in 1998 can partly be explained by the fact that a number of specific events such as concerts and demonstrations resulted in a large number of reported crimes. Other possible explanations are the fact that the police and the prosecution service give priority to this type of crime, and that procedures have become more clear cut with respect to penalties and punishment.

Racial agitation was the most commonly reported crime containing an anti-Semitic element in 1999. A total of 32 such crimes were reported. Other crimes containing an anti- Semitic element which are often reported are unlawful threat, graffiti, molestation and assault.

In 1999 a total of 207 crimes containing a homophobic element were reported. Assault was the most common crime, with a total of 58 reported instances. Other common crimes were unlawful threat, molestation and slander/insult.

With respect to statistics concerning crimes against homosexuals, SÄPO’s report states that there is reason to believe that a large number of crimes go unreported. Not all homosexuals mention their homosexuality when reporting a crime or the fact that it could be the motive behind the crime.

In a poll conducted by researcher Eva Tiby of Stockholm University as part of her doctoral thesis Hatbrott – homosexuella kvinnors och mäns berättelser om utsatthet för brott (Hate Crimes – Lesbian and gay men’s victimization narratives) (Stockholm University, 1999), 25% of respondents said that they had been the victims of crime because of their homosexuality.

The figure was somewhat higher for men than for women. The survey also showed that 80% of perpetrators were men.

The number of crimes that go unreported is of course also high for crimes of a racist and xenophobic nature. This is shown in the questionnaires and interviews Invandrare om diskriminering (Immigrants on discrimination) I–IV (1995–1998) conducted by Professor Anders Lange at the Centre for International Migration and Ethnic Relations (CEIFO) on behalf of the Ombudsman against Ethnic Discrimination. One in three of the respondents in the four surveys reported that he or she had been subjected to threat, insult and other harassment in public places on at least two occasions during the previous year because of their immigrant background. At the same time the reports indicate a reluctance to report violations and attacks of different types.

It is not only people with an immigrant background but also members of different national minorities that risk harassment on the basis of their ethnic affiliation. A study carried out on behalf of the Ombudsman against Ethnic Discrimination by CEIFO, Samer om diskriminering (Saami on discrimination) (1998), on experience of ethnic discrimination by a sample of Sami taken from the electoral roll of the Sami Parliament, showed that almost 75% of respondents regarded Swedish society as hostile towards the Sami. A third said that they had been subjected to verbal abuse and a fifth had experienced workplace harassment because of their Sami origin. The problem was felt to be greater by Sami living in Norrland. Young people reported more instances of harassment than older.

3.2¶Discrimination

Reports and different events in recent years show that it is not unusual for people to be subject to – or at least feel that they are being subject to - discrimination on the basis of their ethnic or sexual orientation in different sectors of society.

The reports Invandrare on discrimination I–IV (Immigrants on discrimination I-1V) (CEIFO, 1995–1998) show that it is primarily in working life, in the private sphere, in public places, and in their contacts with authorities and other institutions that most people experience discrimination.

The studies show that people born in different countries of central and southern Africa, Iran, the Arab world and Latin America report most discrimination. Least discrimination is reported by people born in Finland and Denmark. Of all the respondents in the four studies who had applied for jobs, one in three stated that he or she did not get the job

because of their immigrant background. In the groups ‘Iranians’ and ‘Africans’ one in two reported this sort of experience.

Between 55% and 65% of ‘African’ and ‘Iranian’ men (primarily in the cities) reported that they had been refused admission to restaurants or other places of entertainment because of their immigrant background.

The surveys also show that many people feel that they are discriminated against in their contacts with various authorities, including employment offices, the police and the social services. Discrimination in contacts with public bodies is particularly serious. If people are to feel part of society it is essential that they have confidence in the various public institutions.

The studies indicate that men generally feel themselves discriminated against to a greater extent than women.

The number of reports of discrimination in working life made to the Ombudsman against Ethnic Discrimination has increased sharply in recent years. 164 cases were reported in 2000. This is three times the 1997 figure.

It is more difficult to determine the extent of workplace discrimination on the basis of sexual orientation. The Committee on Discrimination in Working Life on the basis of Sexual Orientation (Utredningen mot diskriminering i arbetslivet på grund av sexuell läggning) found that there had been few studies of discrimination in Sweden and it therefore commissioned two surveys within the framework of its inquiry (SOU 1997:175).

One survey took the form of a questionnaire conducted by Statistics Sweden. The other was directed at approximately 1 500 members of the Swedish Federation for Lesbian and Gay Rights (RFSL) and Lesbian Now (Lesbisk Nu!).

In the latter questionnaire to homo- and bisexuals, 234 people, or 36% of the 650 respondents, replied that they had been discriminated against at work on the basis of their sexual orientation. By far the most common type of discrimination reported was mobbing and harassment by colleagues, superiors or trade union representatives.

In the majority of cases the person discriminated against was convinced that the reason for the discrimination was his or her sexual orientation because of the fact that their colleagues or employer had already demonstrated an openly negative attitude towards homo- or bisexuals.

It should also be noted that the majority of respondents stated that they had not openly declared their homo- or bisexuality at their workplace. Many observed that the general attitude towards homo- and bisexuals in the workplace was negative and that the situation might have been different if their colleagues and employer had known about their sexual orientation.

It is important in this context to emphasise the fact that many homo- and bisexuals do not dare to speak openly about their lives with their colleagues for fear of their reactions to their sexual orientation. They say themselves that this ‘tyranny of silence’ can be the cause of much frustration and unease for the individual.

Sanctions against discrimination outside the workplace on the basis of ethnic affiliation or homosexual orientation are contained in the penal provisions on unlawful discrimination. Reports of unlawful discrimination are dealt with by the police and the prosecution service.

The publication Brott kopplad till rikets inre säkerhet 1999 (Offences related to national internal security 1999) (SÄPO, 2000) shows that 210 cases of unlawful discrimination were reported during that year. 102 (approximately 49%) concerned

discrimination in connection with a visit to a restaurant or pub. Other reports were made against shops, housing corporations, estate agents and public authorities.

The number of reports of unlawful discrimination has increased five times since the early 1990s. However, the number of prosecutions for unlawful discrimination is extremely low: a maximum of two a year in the past five years.

In 1999 three cases of unlawful discrimination on the basis of sexual orientation were reported. This figure has remained constant for several years. Here, too, discrimination in connection with a visit to a restaurant is the most common form.

It should be noted, however, that there are strong indications of a reluctance to report cases of unlawful discrimination to the police. The study Immigrants on discrimination shows that only 4.2% of those who stated they have been subjected to discrimination of such a nature that they should report it to the police have actually done so.

A further source of data about incidences of ethnic discrimination outside the workplace are complaints made by private individuals to the Ombudsman against Ethnic Discrimination. 326 complaints were lodged with the Ombudsman in 2000. Three years earlier, in 1997, the figure was 257. Complaints chiefly concerned the housing sector, the education system, the legal system and the social services.

Complaints to the Ombudsman against Discrimination on the basis of Sexual Orientation are of a similar nature. Because of the short time the office of the Ombudsman has been in existence it is difficult to draw any definite conclusions about the complaints that have been received so far.

4¶Work to combat racism, xenophobia, homophobia and discrimination in Sweden

4.1¶The role of domestic policy

The starting-point for the work to combat racism, xenophobia, homophobia and discrimination is domestic policy.

In a balanced society in which each individual enjoys security, participation, and the power to influence his or her own life, there is most likely to develop a community of values and mutual respect between people which prevents racism and other forms of intolerance from gaining a foothold.

Social exclusion and marginalisation must be prevented. Well-functioning social measures for children and young people at risk are essential, as is a good social safety-net for those who for various reasons have difficulty providing for themselves. Education policy must safeguard the right of each child to security and a good, basic education. Children in need of special support must be given priority.

A decisive and sustainable policy for creating employment for all is fundamental. The whole of Sweden must be included in this policy. Individual regions, towns or neighbourhoods should not be allowed to lag behind. Besides an income, employment

also creates self-esteem and social identity. Employment also enables meetings between people, which in turn lead to knowledge and understanding.

Racist and xenophobic groups and tendencies emerge not infrequently in towns and cities hard hit by structural change and unemployment. Policies must offer alternative choices to young people who are attracted to extreme environments, not least by creating opportunities to find the social identity which employment provides.

Measures to deepen democracy

Deepening democracy by promoting citizens’ influence and active participation in political decision-making processes and in the life of the community is given high priority by the Government. Concrete work is being carried out to reduce the distance many people feel exists between themselves and their elected representatives, and between their lives and politics at all levels in society, as well as to strengthen the human rights which are basic to every democratic society.

‘Time for Democracy’

In the autumn of 1997 the Government appointed the Government Commission on Swedish Democracy to examine the new conditions, problems and opportunities facing democracy in Sweden in the 2000s. The Commission presented its final report in February 2000 (SOU 2000:1). The study reveals an ongoing need to discuss and debate democracy and the way it functions today. The Committee highlights the fact that social exclusion and the widening divisions in society are the single most important policy challenge for the 2000s.

In order to develop democracy in the longer term and create the conditions for increasing citizens’ active participation in political decision-making processes and society in general, development work on democracy is being carried out until the end of 2002. The motto of the development work is ‘Time for Democracy’. The work consists of three primary activities:

– national consultations on democracy and participation, – support to democratic development, – 80th anniversary celebration of universal suffrage in Sweden.

Parliament has decided on special funding for the development work and SEK 10 million was allocated for the purpose in 2000. The Government has calculated a further SEK 10 million per year for development work in 2001 and 2002. The Government has approved a special ordinance on public funding for democratic government projects (SFS 2000: 648). Grants can be awarded for example for liberal adult education projects directed at a broad sector of the population and aimed at stimulating participation in the democratic process. Projects can focus on developing local democracy or on education and democracy. Applications for project grants may be made twice yearly.

The working-group on human rights

In May 2000 an interdepartmental working-group was set up within the Government Offices to draft a proposal for a national action plan on human rights. The group’s brief

includes studying and analysing how Swedish authorities are working today to improve human rights protection in Sweden.

A number of informal advisory groups have been set up, whose members include representatives of authorities, NGOs, social partners and researchers in relevant fields.

A draft proposal is to be presented by 30 September 2001. The working-group is to recommend concrete measures and supervisory methods for the action plan, and to make recommendations for marking the UN Decade for Human Rights Education in Sweden.

The Committee on increasing participation in local government democracy

The Government has appointed a parliamentary committee to recommend measures for increasing public access to and participation in local democracy. The Committee directive (Dir. 1999:98) emphasises that society’s ethnic and cultural diversity must be reflected to a greater extent than at present among elected representatives. The Committee will therefore investigate the special measures which need to be undertaken in order to increase opportunities for people with immigrant backgrounds and people with functional disabilities to have access to and participate in local democracy. The Committee will present its report by 30 May 2001.

Integration policy

In December 1997 Parliament approved the Government’s integration policy Bill Sverige, framtiden och mångfalden – från invandrarpolitik till integrationspolitik (Sweden: Future and diversity – from immigration policy to integration policy) (prop. 1997/98:16).

The Bill emphasised that, for democratic reason, Sweden’s ethnic and cultural diversity should be taken as the starting-point for drafting and implementing domestic policy in all sectors and at all levels of society.

The goals of integration policy are equal rights, responsibilities and opportunities for all, irrespective of ethnic and cultural background; a society based on social diversity; and social development characterised by mutual respect and tolerance and in which all people, whatever their background, participate and share responsibility.

Integration policy should focus in particular on supporting individuals’ capacity to earn a living and participate in society; safeguarding fundamental democratic values; working for equal rights and opportunities for women and men; and preventing and combating discrimination, xenophobia and racism.

The processes of integration are reciprocal in that everyone is included and responsible and everyone must contribute. Integration is not only an issue for and about immigrants. In an ethnically and culturally diverse society, people complement each other and share their competencies and experiences with one another so that the potential contained in diversity can be released and utilised. Segregation, whether voluntary or enforced, is therefore as undesirable as enforced assimilation.

The processes of integration are continuous. How they proceed and develop depends on a large number of often interdependent factors. The individual’s own capabilities, desires and ambitions, and his or her opportunities to earn a living, play an important part. It is equally important, however, that society should be characterised by openness, respect and tolerance and that mainstream social institutions evolve from the principle of social diversity.

One consequence of Parliament’s adopting the Integration Policy Bill was the creation of a new authority, the National Integration Office, on 1 June 1998. The authority has overall responsibility for ensuring that integration policy goals have an impact in different sectors of society.

In 1998 and 1999 the Government decided, against the background of the principles and objectives of integration policy, on measures to ensure the presence of an integration perspective in the drafting and implementation of domestic policy. For example, the Government Agencies and Institutes Ordinance (1995:1322) and the Ordinance concerning the responsibility of central government authorities to implement integration policy (1986:856) have been amended. The amendments mean, inter alia, that public authorities must continually take account of society’s ethnic and cultural diversity in planning and implementing their operations.

Minorities policy The goals of minorities policy are to protect the national minorities and strengthen their influence, and to support the historical minority languages so that they continue to be living languages. Sweden’s national minorities are the Sami, Swedish Finns, Tornedaler, Roma and Jewish people. The minority languages are Sami, Finnish, Mäen Kieli (Tornedal Finnish), Romani Chib and Yiddish.

Historically, many people have suffered because of their minority membership and there is still discrimination of these groups today. Providing protection against discrimination and safeguarding human rights is at the heart of minorities policy. It is important to increase knowledge and information about Sweden’s national minorities, their culture and language at all levels of society. Schools have an important part to play in this respect. The national schools curricula (Lpo 94 and Lpf 94) have been amended to make clear that information should be provided about the national minorities and minority languages. School syllabi too have been amended to draw attention to the national minorities and minority languages.

Greater knowledge should lead to more positive attitudes, thereby reducing the likelihood of discrimination.

An important feature of minorities policy is influence on the part of national minorities. Different measures have therefore been taken to support minority people’s opportunities to influence. Among other things, special resources have been allocated to organisations representing national minorities in order to increase their ability to influence matters of concern to them.

Minorities policy is a new policy area and one which needs to be expanded. The work currently being undertaken will be followed up and evaluated in order to determine future measures.

[…]

4.3¶Legislation

4.3.1 National legislation

The Swedish Constitution

Chapter 1, Article 2 of the Instrument of Government states that public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the private person, and that opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop their own cultural and social life. Chapter 2, Article 15 of the Instrument of Government states that no act of law or other provision may imply the unfavourable treatment of a citizen because he or she belongs to a minority group by reason of race, colour or ethnic origin. Chapter 2, Article 22, paragraph 1, sub-section 7 of the Instrument of Government states that a foreign national within the realm shall be equated with a Swedish citizen in respect of protection against unfavourable treatment on grounds of race, colour, ethnic origin or sex.

Chapter 2, Article 23 of the Instrument of Government states that no act of law or other provision may be adopted which contravenes Sweden’s undertakings under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The right to distribute printed publications and to express thoughts and opinions therein is regulated by the Freedom of the Press Act, while the corresponding freedom to express oneself in other specified media such as sound radio, television, film and video recordings is regulated by the Fundamental Law on Freedom of Expression. Chapter 7, Article 4, sub-section 11 of the Freedom of the Press Act contains a similar crime designation to that in provisions contained in the Penal Code on racial agitation. Through a reference in Chapter 5, Article 1 of the Fundamental Law on Freedom of Expression, the same criminal responsibility applies to actions committed in a radio programme or a technical recording.

Penal provisions

In addition to these provisions, a number of penal provisions are contained in the Penal Code aimed directly or indirectly at actions or utterances that are racist or discriminating in some other way.

Racial agitation (Chapter 16, Section 8 of the Penal Code)

The provision concerning racial agitation is central to Swedish legislation against racist and xenophobic utterances. The criminal act consists in a person threatening or expressing contempt in a disseminated statement or communication for a national, ethnic or other

such group of persons with allusion to race, colour, national or ethnic affiliation or religious belief.

The penalty is imprisonment for a maximum of two years. If the crime is classified as petty the penalty is a fine. Agitation against a national or ethnic group is punishable when the act is committed through the printed word, film, sound recording and other such media as are covered by the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The provision concerning racial agitation also applies when the action is committed via the Internet, for example on a website. The provision concerning racial agitation also means that it is forbidden, other than in the strictly private sphere, to disseminate statements expressing threats or contempt towards a national or ethnic group or other such group of people with allusion to race, colour, national or ethnic affiliation or religious belief. Dissemination through an organisation or similar group is also punishable under the law. In addition to spoken and written communications, the provision applies to communications in pictorial form or gesture.

The Supreme Court ruled in 1996 that the bearing of symbols that can be associated with the Nazi persecution of the Jews and other group of persons before and during the second world war can constitute racial agitation. Following the Supreme Court decision, several convictions have been made for racial agitation in connection with, for example, bearing a swastika, giving the so-called Hitler salute, and shouting ‘Sieg Heil’.

Unlawful discrimination (Chapter 16, Section 9 of the Penal Code)

The criminal act consists in a person during the conduct of his or her business, or in organising a public assembly or gathering, discriminating against another person on the basis of race, colour, national or ethnic affiliation, religious belief or homosexual orientation. The provision also applies to those employed in public service or having a public duty. The penalty is a fine or imprisonment for a maximum of one year.

That it is not permitted to discriminate against a person from a particular national or ethnic group on the grounds that the action would be to the benefit of the group in question was made clear in the court case NJA 1985 p. 226. A representative of a municipal housing corporation was convicted of unlawful discrimination after refusing to rent out a flat in a particular area to someone because of that person’s ethnic affiliation, for the stated reason that he wanted to combat segregation and encourage mixed housing.

Some of the convictions for unlawful discrimination have concerned the traditional clothes worn by many women of Finnish-Romany origin. In the case NJA 1999 p. 556 a store had banned from entry people dressed in broad, long, heavy skirts as a crimeprevention measure. Both the court of appeal and the Supreme Court ruled that the entry ban imposed by the accused was formulated in such a way that it was exclusively and generally directed at women of Finnish-Romany origin. The Supreme Court made a similar ruling in 1976 (NJA 1976 p. 489).

Insulting behaviour (Chapter 5, Section 3 of the Penal Code)

The criminal act consists in vilifying another person by an insulting epithet or accusation or by other opprobrious conduct, for example by alluding to race or ethnic affiliation or homosexual orientation. The penalty is a fine or, if the crime is gross, imprisonment for a maximum of six months.

Charges of defamation are normally only brought by the injured party. However, under Chapter 5, Section 5, subsections 3 and 4 of the Penal Code, special regulations apply in cases of insulting behaviour with allusion to a person’s race, colour, national or ethnic affiliation, religious belief or homosexual orientation.

Calling a person a ‘jävla svartskalle’, for example, has been deemed by the Supreme Court to be an insult.

Insulting behaviour is also punishable when the act has been committed via such media as are covered by the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The provision concerning insulting behaviour also applies when the act is committed vial the Internet, for example on a website.

Incitement (Chapter 16, Section 5 of the Penal Code)

The criminal act consists in orally before a crowd or congregation of people, in a distributed publication or in some other message to the public, urging or otherwise attempting to entice people to, for example, commit a criminal act. The penalty for incitement is a fine or imprisonment for a maximum of six months or, if the crime is gross, for a maximum of four years. Punishment shall not be imposed in petty cases.

Incitement is also punishable when the act is committed via printed material, film, sound recording or other such media as are covered by the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The provision on incitement also applies when the act is committed via the Internet, for example on a website.

Unlawful military activity (Chapter 18, Section 4 of the Penal Code)

A special provision covers criminal liability in respect to associations which must be considered to constitute - or, in view of their character and the purpose for which they have been organised, can easily develop into - an instrument of force such as a military unit or a police force and which do not with due authority reinforce the national defence or the police. Under Chapter 18, Section 4 of the Penal Code a person who founds or participates in such an association or who on behalf of such an association deals in arms, ammunition or similar equipment, makes available premises or land for its activities or supports it with money or in other ways, shall be sentenced for unlawful military activity to a fine or imprisonment for a maximum of two years.

Leading young people astray (Chapter 16, Section 12 of the Penal Code)

A person who distributes to children or young people a writing, picture or technical recording which through its content could brutalise or otherwise involve serious danger to the moral nurture of the young shall be sentenced for leading young people astray to a fine of imprisonment for a maximum of six months. Since 1 January 1999 this provision has also applied without impediment from the provisions contained in the Fundamental Law on Freedom of Expression to cases in which, for example, racist propaganda has been distributed to young people on CD recordings.

Examples of other penalty provisions that may be applied

The Penal Code contains other penalty provisions which, while they do not specifically refer to behaviour of a racist or similar nature, may be used to protect the individual against violations and attacks of a racist or similar nature. Examples include the provisions on assault (Chapter 3, Section 5), unlawful threat (Chapter 4, Section 5), molestation (Chapter 4, Section 7) and inflicting damage (Chapter 12, Section 1).

In determining the penalty for a crime, current legislation requires that the motive for crime always be taken into account. When the motive for the crime has been to attack in some way a person or group of people on the basis of their race, colour, national or ethnic affiliation, religious belief or other similar factor this shall be regarded as an aggravating circumstance when the penalty is determined (Chapter 29, Section 2, subsection 7 of the Penal Code). By ‘other similar factor’ is primarily meant sexual orientation. The provision was introduced in 1 July 1994 in order to mark the seriousness of racist and similar crimes.

The provisions on preparation, conspiracy and complicity can be applied in cases of participation by several people in crimes committed in an organised form.

The Act on Responsibility for Electronic Bulletin Boards

On 1 May 1998 the Act on Responsibility for Electronic Bulletin Boards entered into force. By electronic bulletin board under the Act is meant the provision of a service for posting electronic messages. The Act stipulates that a person providing an electronic bulletin board must exercise reasonable supervision over the service. A provider of an electronic bulletin board is also obliged to pass on certain information to users of the service and to remove certain types of message, such as those which constitute racial agitation. Anyone who does not pass on the required information or who fails to remove certain messages can be subject to a fine or imprisonment for a maximum of two years. Computers and other equipment used in the committing of such breaches of the law can in certain cases be confiscated.

Legislation concerning discrimination in working life

On 1 May 1999 three new anti-discrimination laws entered into force:

– the Act Concerning Measures to Counteract Ethnic Discrimination in Working

Life (1999:130) (which replaced the 1994 Act against Ethnic Discrimination),

– the Act Prohibiting Discrimination in Working Life on the basis of Sexual

Orientation (1999:133), and – the Act Prohibiting Discrimination in Working Life of People with Functional Disabilities (1999:132).

Definitions

By ethnic affiliation is meant that a person belongs to a group of people who have the same race, colour, national or ethnic affiliation or religious belief. By sexual orientation is meant homosexual, bisexual and heterosexual orientation. By functional disability is meant enduring physical, psychological or intellectual limitations to a person’s functional

ability which, as a result of an injury or medical condition have been present since birth, have developed since birth, or can be expected to develop.

Scope of the Acts

The Acts apply to all sectors of the labour market and concern all categories of employees and job applicants. The Acts contain prohibitions against direct and indirect discrimination. The prohibition against discrimination of job applicants applies to the whole of the recruitment process, even in the absence of an employment agreement. The prohibition also covers employers’ decisions concerning promotion, training for promotion, the application of wage and other employment conditions, management decisions and decisions concerning giving notice, dismissal, redundancies or other similar action. The prohibition against direct discrimination also applies to employers’ responsibility to make reasonable provisions for people with functional disabilities.

An employee or job applicant does not need to demonstrate that the employer intended discrimination in connection with a particular action. If an employee or job applicant can show that the employer treated him or her less favourably than he or she would have treated other people with another ethnic affiliation, without a functional disability or with another sexual orientation, there is reason to believe that discrimination has occurred. The burden of proof rests with the employer, who must explain the motives for the treatment.

Reprisals and harassment

An employer may not subject an employee to reprisals because the employee reported the employer for discrimination under one of the Acts. An employer who finds out that an employee considers him- or herself to have been subject to harassment is obliged to investigate the circumstances surrounding the harassment and to take reasonable measures in order to prevent further harassment. By harassment is meant behaviour in working life which violates an employee’s integrity and which is connected with the employee’s ethnic affiliation, functional disability or sexual orientation. In order for the employer’s obligation to take measures to apply, the employer must be aware of the harassment. Such knowledge reaches the employer principally via the employee who is harassed, but the local trade union organisation can also act to inform the employer.

Sanctions

Damages and nullity are the legal sanctions applicable to a breach of the prohibition against discrimination. An employer who commits such a breach must pay compensation. If an employer discriminates against an employee, the employer must in the majority of cases also pay financial damages.

Supervision

It is the responsibility of the Ombudsman against Ethnic Discrimination and the Board against Ethnic Discrimination to monitor compliance with the Act Concerning Measures to Counteract Ethnic Discrimination in Working Life. The Disability Ombudsman is

responsible for monitoring compliance with the Act Prohibiting Discrimination in Working Life of People with Functional Disabilities, and the Ombudsman against Discrimination on the basis of Sexual Orientation is responsible for supervising the Act Prohibiting Discrimination in Working Life on the basis of Sexual Orientation.

Disputes

The trade union organisations have the principal right to pursue claims of discrimination. If the organisation does not do so, or if the person claiming discrimination does not belong to an organisation, the Ombudsman against Ethnic Discrimination, the Disability Ombudsman or the Ombudsman against Discrimination on the basis of Sexual Orientation may pursue the case on behalf of the claimant.

Active measures

It is the employer’s duty to carry out targeted measures to actively support ethnic diversity in working life. By ethnic diversity in working life is meant equal rights and opportunities under the law with respect to work, conditions of employment and development opportunities at work irrespective of ethnic affiliation. The employer must work to ensure that people with different ethnic affiliation are given the opportunity to apply for vacancies. The employer should work with the trade union organisations in planning and implementing the active measures.

The Ombudsman against Ethnic Discrimination has the right to require an employer on penalty of a fine to provide information enabling the Ombudsman to assess whether the employer is complying with the law. The Ombudsman against Ethnic Discrimination can also ask the Board against Ethnic Discrimination for a direction of conditional fine to ensure that an employer fulfils his or her obligation to take active measures.

The trade union organisations have recently been granted similar powers in cases where the Ombudsman against Ethnic Discrimination chooses not to petition for a conditional fine.

Similar responsibility to take active measures does not exist with respect to functional disability or sexual orientation.

[…]

4.4¶The legal authorities

Measures to improve knowledge and awareness In the 2001 Budget Bill the Government states that powerful measures will be employed to prevent and deal with crimes containing racist or xenophobic, anti-Semitic and homophobic elements.

One means of combating such crimes and minimising the damage and injury they cause is to ensure that those who work within the legal system are well-informed about the

motives behind racism or xenophobia, anti-Semitism and homophobia, and on the situation of groups that are the targets of such crimes. This knowledge can also combat the prejudices that may exist concerning these groups. Improved basic training and more inservice training on these issues should lead to greater cooperation between the different legal authorities and to the development of better methods of preventing and combating these crimes.

All the legal authorities were instructed in 2000 to draft a strategy for ensuring that their staff were well-informed about the underlying causes of crimes containing racist, xenophobic or homophobic elements and of the situation for groups exposed to these crimes.

The National Council for Crime Prevention was assigned the special task of helping to ensure that legal system employees possess such knowledge, and of coordinating measures with other authorities within the legal system. A joint working-group has been formed made up of representatives of the National Council for Crime Prevention, the Office of the Prosecutor-General, the Economic Crimes Bureau, the National Board of Forensic Medicine, the Swedish Prison and Probation Service, the National Courts Administration, the Crime Victim Compensation and Support Authority and the National Police Board including the Swedish Security Service (SÄPO) to exchange experiences and plan joint measures.

The police There has been a general tightening of attitudes by the police towards racist manifestations of different types. One explanation is that legal praxis has created new opportunities for the police to intervene, and the police have successively developed their strategies and methods. The police have also adopted measures for dealing with any deficiencies in the system that may have existed at both national and local level. Measures include training courses, and monitoring by the National Police Board of ways in which the police handle cases containing racist elements.

In June 2000 the National Police Board presented a strategy for police work with matters connected with racism and xenophobia and homophobic crimes. The objective is to give police employees a good understanding of the motives behind this type of crime and of the situation of groups exposed to them. The strategy defines a number of key areas in which the police need to introduce measures. The document also stresses the fact that the successful prevention of crimes of this nature requires a comprehensive system of measures at both national and local level.

The National Police Board has also issued a directive to the police authorities on how to deal with these types of crime. In its revised planning requirements for 2001–2003 the National Police Board states the importance of the police authorities organising their work and creating routines with respect to racist, xenophobic, anti-Semitic and homophobic crimes so that the crimes can be disclosed as soon as they are reported. All crimes which may have such a motive should be given priority.

The Swedish Security Service (SÄPO)

The responsibilities of the Swedish Security Service (SÄPO) include gathering information concerning organisations, groups or individuals involved in racism and xenophobia, criminal networks that pose a danger to society, and right-wing extremist

organisations. SÄPO gathers information from such sources as national and international police and customs authorities, foreign security services, the Internet and publications. SÄPO is responsible for processing and analysing the information and for passing it on to the relevant police authorities and the National Criminal Investigation Department.

SÄPO’s Department for Protection of the Constitution has for a number of years been chiefly concerned with cataloguing and combating right-wing extremist groups. The events of recent years have meant a natural intensification of the fight against crimes connected with right-wing extremism.

Since 1993 SÄPO has also been cataloguing crimes containing a racist, xenophobic, anti-Semitic or homophobic element and since 1994 it has published an annual report containing national statistics for these crimes. The document also reports on different ideologically motivated crimes.

SÄPO has closely observed the white power movement’s dissemination of racist and anti-Semitic propaganda, which is largely carried out via the Internet and music. SÄPO has been principal coordinator of a now completed project with the police on right-wing extremist concerts. The project resulted in a report published by the National Police Board, Förslag till åtgärder vid särskilda händelser med rasistiska inslag (Recommended measures in dealing with racist incidents), RPS Report 1998:1.

SÄPO is one of the participants in the preliminary investigations into the freedom of the press and freedom of expression offence of racial agitation headed and prosecuted by the Chancellor of Justice.

The Police College

Basic training at the Police College has been reformed, and greater provision has been made for ethical, international and ethnically-related issues. The National Police Board is working actively and successfully to increase the number of students from immigrant backgrounds at the Police College.

The prosecution authority

The prosecution authority has in recent years undertaken a number of measures to more effectively combat crimes containing a racist or xenophobic element and unlawful discrimination.

In its activity plan for 1998 the Office of the Prosecutor-General instructed the regional public prosecution offices to develop methods for investigating crimes whose motive may have been racist or xenophobic.

The Office of the Prosecutor-General has initiated several studies of ways of improving methods to combat unlawful discrimination. Stockholm Regional Public Prosecution Office has presented the Prosecutor-General with a report on its study of certain issues concerning the investigation of crimes of unlawful discrimination. The other regional public prosecution offices have now been instructed to do the same.

In addition, the regional public prosecution offices shall in their annual reports to the Prosecutor-General outline the measures that have been taken in order to identify racist motives for crimes throughout the criminal investigation procedure.

The Prosecutor-General has in recent years referred a number of instances of racist and xenophobic crimes to the Supreme Court in order to influence judicial developments in the area.

Many local public prosecution offices have received directives concerning the investigation of crimes containing a racist element, and most of them have appointed special prosecutors to deal with such cases. The prosecution authority also wants to raise levels of competence among prosecutors with respect to these crimes. The prosecutors concerned are to undergo extensive advanced professional training. Opportunities for regular follow-up and advanced training will be enhanced through greater coordination of operational measures.

In December 1999 the Office of the Prosecutor-General presented a comprehensive concrete action plan to direct the prosecution authority’s combined future measures against racist and xenophobic crimes. The action plan states, inter alia, that all crimes which may have a racist or xenophobic motive will be given priority. These crimes are to be dealt with by special prosecutors. Improvements should be made to investigation techniques and methodology both within the authority and between relevant authorities. The prosecution service and the police are to work in close cooperation.

The Office of the Chancellor of Justice The Chancellor of Justice is sole prosecutor in cases concerning freedom of the press and freedom of expression offences. Only the Office of the Chancellor of Justice can open a preliminary investigation and instigate proceedings in such cases and only it and the courts can decide on coercive measures such as seizure. However, since 1 January 1999 the Office of the Chancellor of Justice has had extended powers to delegate its prosecution function to public prosecutors.

In its appropriation directions for the Office of the Chancellor of Justice the Government has instructed it to report on measures that come under the Freedom of the Press Act and the Fundamental Law on Freedom of Expression, paying particular attention to measures aimed at crimes containing racist and other elements.

In October 1998 a major seizure of video cassettes and CDs was carried out in Helsingborg. The resulting prosecution contained 57 different points and it was the biggest prosecution for the freedom of expression offence racial agitation in Sweden. A final verdict has not yet been reached.

In 1998 and 1999 several cases were brought for racial agitation committed via printed materials, video films and an Internet website. One of them resulted in a conviction and the other cases have not yet been concluded by the court.

The courts authority

In June 2000 the National Courts Administration presented on behalf of the Government a strategy for ensuring that their employees are well informed about the motives for racist, xenophobic or homophobic utterances, and the situation for groups exposed to these crimes.

The National Courts Administration is of the opinion that training is needed for court employees in the following areas.

1. Racist groups: their organisation, strategies, symbols, etc. 2. Court attitudes and approaches to ethnic and cultural diversity.

3. The courts’ reception of people who are the victims of crimes that contain racist, xenophobic or homophobic elements.

4. Penal law and praxis for certain types of crime.

The National Courts Administration is already conducting training courses on points 2 and 4. For points 1 and 3 external expertise must be called in for future training, and the National Courts Administration intends to work with other legal authorities in this matter in accordance with the education and training strategy reported to the Government by the National Council for Crime Prevention.

The Swedish Prison and Probation Service For a number of years issues concerning immigration, integration and ethnic diversity have been part of both the basic prison and probation service training and the training of supervisors. Racism and xenophobia are also raised and assessed at employment interviews.

The National Prison and Probation Administration was charged in its appropriation directions for 2001 to ensure that Swedish Prison and Probation Service personnel are informed about the motives for crimes containing racist, xenophobic and homophobic elements and the situation of groups exposed to them.

In order to work effectively to help prevent prisoners from reverting to crimes containing racist, xenophobic or homophobic elements, a well-thought out action plan and a clear division of responsibility for its implementation are called for. The National Prison and Probation Service has therefore also been instructed in its appropriation directions to draft a strategy to combat racist, xenophobic or homophobic tendencies among prison inmates.

The National Council for Crime Prevention One of the primary tasks of the National Council for Crime Prevention (BRÅ) is to gather and disseminate information on which to base measures. BRÅ constantly monitors the development of reported cases and verdicts concerning racial agitation and unlawful discrimination.

One of BRÅ’s responsibilities is helping to provide expert training for legal system employees. The specialist knowledge it possesses concerning racism and xenophobia is utilised, inter alia, in training courses at the Police College and in the annual training days in the legal system organised by BRÅ. Research carried out by BRÅ also contributes to the development of knowledge and awareness which is then passed on to legal system personnel.

Research and development work includes monitoring the development of racist and anti-Semitic organisations and movements in Sweden, and producing a report on white power music, which has now been published. A project cataloguing crimes committed by organised racists is currently being carried out.

The Crime Victim Compensation and Support Authority

The Crime Victim Compensation and Support Authority plays a central role in supporting victims of crime. The Authority places great importance on its staff having a thorough knowledge of the motives for crimes containing racist, xenophobic or homophobic elements. The information strategy presented by the Crime Victim Compensation and Support Authority on the instruction of the Government states that the Authority strives to

stress this approach both internally and in its external operations. Many of the conferences recently arranged by the Crime Victim Compensation and Support Authority have raised issues related to racism and xenophobia.

Since 1999 the Crime Victim Compensation and Support Authority in allocating resources from the Fund for Victims of Crime has prioritised, inter alia, projects concerning crimes containing a racist element. Since 2000 that priority has been extended to include crimes containing xenophobic or homophobic elements. The Crime Victim Compensation and Support Authority publishes information in order to encourage more applications for such projects.

In 2000 the Crime Victim Compensation and Support Authority began a cooperation project with the Ombudsman against Ethnic Discrimination and the National Integration Office in order, inter alia, to increase knowledge about immigrants as crime victims.

In 2000 the Crime Victim Compensation and Support Authority, in cooperation with the Ombudsman against Ethnic Discrimination and the National Integration Office, carried out a one-year project in the county of Örebro. The purpose of the project was to increase knowledge of the workings of the Swedish legal system by people with an immigrant background, and to increase knowledge and awareness of ethnic and cultural diversity on the part of people working in the legal system. Within the framework of this project some twenty or so people took part in the autumn in witness support training schemes.

The Government’s commission to the National Integration Office to stimulate measures to increase knowledge and awareness by people who come in contact with victims of crimes containing racist or xenophobic elements will be carried out by the Crime Victim Compensation and Support Authority. The work will be performed in cooperation with the Swedish Association for Victim Support.

The Crime Victim Compensation and Support Authority monitors incoming matters concerning criminal injuries, and one of the Authority’s lawyers has special responsibility for supervising matters containing racist, xenophobic or discriminating elements.

4.5¶Authorities with special responsibility for combating racism, xenophobia, homophobia and discrimination

4.5.1 The Ombudsmen On 1 May 1999 the Acts banning discrimination in working life on the basis of ethnic affiliation, sexual orientation and functional disability entered into force.

Supervision and compliance with the Acts are the responsibility of three ombudsmen, the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination on the basis of Sexual Orientation and the Disability Ombudsman. The office of the Ombudsman against Discrimination on the basis of Sexual Orientation was established in connection with the entering into force of the new legislation, and is the first of its kind in the world.

The Ombudsman against Ethnic Discrimination and the Ombudsman against Discrimination on the basis of Sexual Orientation

Under the Acts against discrimination in working life, the Act concerning the Ombudsman against Ethnic Discrimination (1999:131) and the Ordinance concerning the Duties of the Ombudsman against Discrimination on the basis of Sexual Orientation (1999:170), it is the task of the Ombudsman against Ethnic Discrimination (DO) and the Ombudsman against Discrimination on the basis of Sexual Orientation (HomO) to work to prevent discrimination from occurring in working life or other sectors of society.

The Acts against discrimination in working life have made it easier for the ombudsmen to prevent and combat discrimination in working life. For the Ombudsman against Ethnic Discrimination it has also meant a considerable increase in the number of reports of ethnic discrimination in working life. Reports have trebled since 1997.

In order for the legislation to have an impact in society it is essential that the Ombudsman against Ethnic Discrimination and the Ombudsman against Discrimination on the basis of Sexual Orientation are able to conduct broad-based supervisory, opinionbuilding, information and educational activities. Funding to the former has therefore been increased by SEK 4 million from 2001 and the allocation to the Ombudsman against Discrimination on the basis of Sexual Orientation has increased almost fourfold since the office was created in 1999.

The increased funding has enhanced the capacity of the Ombudsman against Ethnic Discrimination and the Ombudsman against Discrimination on the basis of Sexual Orientation to investigate individual reports and to disseminate information to employers and trade unions concerning the requirements imposed under the new Acts on discrimination in working life on the basis of ethnic affiliation and sexual orientation.

Since the Act concerning the Ombudsman against Ethnic Discrimination (1999:131) and the Ordinance concerning the Duties of the Ombudsman against Discrimination on the basis of Sexual Orientation (1999:170) do not prohibit discrimination outside working life, the authority of the Ombudsman against Ethnic Discrimination and the Ombudsman against Discrimination on the basis of Sexual Orientation is restricted in individual cases to advising the person in question on available alternatives, investigating the circumstances and holding discussions with the parties involved.

Sanctions against discrimination outside working life are contained in the penal provisions on unlawful discrimination. Reports of unlawful discrimination are dealt with by the police and prosecution service. The material on unlawful discrimination which is gathered by the Ombudsman against Ethnic Discrimination (DO) and the Ombudsman against Discrimination on the basis of Sexual Orientation (HomO) is used, inter alia, as a basis for their discussions with industrial organisations and the legal authorities. The DO and the HomO also participate in seminars organised by the legal authorities.

To summarise: the duties of the Ombudsman against Ethnic Discrimination and the Ombudsman against Discrimination on the basis of Sexual Orientation are as follows:

– investigate reports of discrimination on the basis of ethnic affiliation and sexual orientation in working life and take them to the Labour Court, – through advice and other means help a person who has been subjected to discrimination to ascertain their rights, – through discussions with authorities, businesses and organisations, as well as through opinion-building, information and in other ways, initiate measures to counteract discrimination,

– make recommendations to the Government concerning legislative

amendments and other measures to combat discrimination.

Disability Ombudsman The task of the Disability Ombudsman is to supervise the rights and interests of people with functional disabilities. The point of departure for the work is the United Nations’ Standard Rules on the Equalisation of Opportunities for Persons with Disabilities and the Universal Declaration of Human Rights.

The Disability Ombudsman is responsible for supervising compliance with the Act Prohibiting Discrimination in Working Life of Persons with Functional Disabilities (1999:132). In 2000 the Disability Ombudsman received 53 reports of discrimination in working life .The reports came from both job applicants and employees and concerned both the private and public sectors and NGOs.

The Disability Ombudsman also regularly evaluates measures being taken in order to comply with the United Nations’ Standard Rules. The Disability Ombudsman has published a number of reports on the application of the rules in Sweden, drawn attention to the deficiencies, and proposed a number of measures to correct them.

On 1 January 2001 a national centre was set up at the Office of the Disability Ombudsman to function as an advisory body on accessibility.

4.5.2 The National Integration Office The National Integration Office is the central administrative authority for integration issues and has overall responsibility for ensuring that integration policy goals and policy penetrate different sectors of society. One of the chief responsibilities of the authority is to study social developments and gather information about the situation and developments in different sectors of society. An annual report is presented to the Government so that measures can be taken against any problems that might be revealed.

The National Integration Office is also responsible for promoting equal rights and opportunities for all, irrespective of ethnic and cultural background, and for preventing and combating racism, xenophobia and ethnic discrimination. With respect to the latter task, the National Integration Office allocates funding to local development projects and monitors and reports on successful strategies for this work. The Office has extensive contacts with other national authorities, municipalities, organisations and other stakeholders in the performance of its work.

In the coming years the National Integration Office will, inter alia, prioritise measures against racism, xenophobia and ethnic discrimination. One of the reasons for this is the instruction given to the Office by the Government in the spring of 2000 to conduct a number of projects as a first phase in the action plan against racism, etc. The projects, which are outlined below, were commissioned in order to improve the basis on which to carry out broad-based, continuous and long-term work against racism, xenophobia and discrimination in all sectors of society.

A national knowledge bank

The National Integration Office has been instructed by the Government to set up a national knowledge bank of work to combat racism, xenophobia and ethnic discrimination. The bank is to contain information about different methods and experiences of work to combat racism, xenophobia and ethnic discrimination in different sectors and at different levels in society both at home and abroad. The National Integration Office is also to find means of disseminating the information it acquires and other ways of making it accessible.

The bank will be built up in stages, with priority being given to those sectors of society in which the need is judged to be greatest. The work will be assessed in 2002.

Consultation and dialogue

The fight against racism, xenophobia and ethnic discrimination concerns everyone. In order for future work against such phenomena to be successful, experience and knowledge already obtained in the field must be put to use.

The National Integration Office has therefore been instructed to hold discussions with organisations, local authorities and other stakeholders active in the area. The dialogue can help provide a basis for further deliberations by the Government on the need for future measures to combat racism, xenophobia and ethnic discrimination.

Advisory and supportive operations

Many local authorities have felt extremely uncertain about the measures that should be taken when racist and xenophobic problems arise at local level. They have therefore expressed the need for a body to which they can turn for advice and support. For this reason the National Integration Office and the Swedish Association of Local Authorities have been instructed to develop an advisory and supportive service for local authorities and others in need of support in their work against racism and xenophobia.

Broad consultations are to be carried out with local authorities and other stakeholders at local level in order to establish the direction and scope such a service should have. In the autumn of 2000 the National Integration Office and the Swedish Association of Local Authorities established contacts with a number of local authorities and other local stakeholders for this purpose.

Measures to combat ethnic discrimination

The National Integration Office was instructed to carry out, in collaboration with the Ombudsman against Ethnic Discrimination, information and training measures to increase knowledge by people in key positions of the mechanisms behind ethnic discrimination and of current legislation in the field. People in key positions can include representatives of different authorities and trade organisations, and business operators.

Levels of awareness in society about matters to do with discrimination are generally low. There is considerable ignorance in large sections of society, both private and public, about what discrimination is, the expressions it can take, and the motives that may lie behind it. This was made clear in a survey conducted by SIFO Research and Consulting

on behalf of the Ombudsman against Ethnic Discrimination and the National Integration Office which was presented in the autumn of 2000.

The survey showed that only 54% of business operators or those in charge of operations in companies in selected industries stated that they knew what the penal provisions for unlawful discrimination involved. Of the 312 chairpersons of union organisations or other trade union representatives in the survey only 31% knew what the Act Concerning Measures to Counteract Ethnic Discrimination in Working Life entailed. The questions will be asked again in the autumn of 2001.

Victims of crime

The National Integration Office, together with the Crime Victim Compensation and Support Authority, has also been instructed to stimulate measures to increase knowledge and awareness by people who come in contact with victims of crimes containing racist and xenophobic elements.

Monitoring The National Integration Office’s task of monitoring and evaluating social developments from an integration policy perspective and of promoting equal rights and opportunities for all irrespective of ethnic and cultural background means, inter alia, that the Office must have a good overview of the work being carried out to prevent and combat racism, xenophobia and ethnic discrimination.

The National Integration Office will present regular reports to the Government on the findings from its monitoring. The work of building up a national knowledge bank and the consultations and dialogue with organisations and others will provide the Office with a good overview of the measures being undertaken. It is important that the Government receives continuous reports on developments which can provide a basis on which to assess the need for future measures against racism, xenophobia and ethnic discrimination.

4.5.3 The National Institute of Public Health In 1992 the National Institute of Public Health was given special instructions by the Government concerning the situation of homosexuals (previously the responsibility of the National Board of Health and Welfare). One of the points of departure was the existence of hidden, sometimes unconscious, unacceptable treatment of homosexuals.

The Institute’s instructions included the following:

– to be responsible for overall coordination of measures directed towards

homosexuals;

– to monitor developments in the situation of homosexuals, including any

incidences of discrimination and, in the event of such incidences, to consider

means of combating discrimination;

– to carry out information measures and to monitor those of other authorities,

and to monitor research on homosexuality and the situation of homosexuals;

– to present regular reports to the Government on its activities.

The Government has recently directed an organisational committee to review the activities of the National Institute of Public Health. The committee’s recommendations

have been circulated for comment and are now been processed at the Government Offices. The instruction concerning the situation of homosexuals will also be reviewed. The Government is preparing a Bill in the spring of 2001.

4.6¶The pre-school, school-age childcare, schools and adult education

4.6.1 Directing the education system The state education system is a matter of national concern with national objectives, but it is local authorities that are responsible for the allocation or resources and implementation. Parliament determines education legislation, national objectives for schools, and guidelines on curricula and syllabus content. The Government sets the curricula for the different types of school and also issues instructions on the content of upper-secondary school syllabi. The municipalities are the responsible authority for the school system with responsibility for ensuring that schools operate within the stated framework: that is, in accordance with national objectives and guidelines. Each local authority is responsible for drafting a local school plan. This stipulates both the measures the local authority intends to implement in order to achieve the schools’ objectives, and the results assessment techniques that are to be applied.

Municipalities have considerable freedom in organising their school system but nevertheless the curricula contain provisions aimed directly at school staff. Headteachers have ultimate responsibility. Together with their teachers and other school personnel it is their duty to work actively to achieve the national objectives. Curriculum and syllabus objectives must be turned into concrete teaching objectives, and must be followed up. For this reason every school has to have a work plan.

The Education Act (1985:1100) states that educational activities shall be carried out in accordance with fundamental democratic values and that everyone who works in schools must promote respect for the worth of the individual and respect for our common environment. The Education Act was strengthened and sharpened in 1998. Everyone in the school system must now work actively to combat all forms of offensive treatment such as mobbing and racist behaviour. The provisions of the Act also apply to local authority adult education.

The curricula – the 1998 National Curriculum for the pre-school (Lpfö 98) and the National Curriculum for the compulsory school, the pre-school class and the after-school centre (Lpo 94) – also make clear that the values represented and passed on must be the inviolability of human life, individual freedom and integrity, the equal worth of all people, equality between women and men and solidarity with the weak and vulnerable.

Everyone who works in schools must: – contribute to the development of pupils’ sense of togetherness, solidarity and

responsibility for people both in and outside their immediate group, – contribute to the spirit of human solidarity throughout the school,

actively combat persecution and oppression of individuals or groups, – show respect for the individual, and – organise day-to-day work on democratic principles.

The fundamental values are the same in the 1994 National Voluntary School Curriculum (Lpf 94), which covers upper-secondary schools, upper-secondary schools for

adults with learning difficulties, adult education and training at secondary and upper secondary level, the National State Schools for Adults, and adult education for the intellectually disabled.

4.6.2 Basic values and the responsibility of schools Headteachers have ultimate responsibility for activities in schools. Their special responsibility was created in 1998 in the revised curriculum for compulsory schools, preschool classes and after-school centres. Headteachers are now responsible for drafting, implementing, monitoring and evaluating an action plan to prevent and combat all forms of offensive treatment of pupils and staff in their schools.

The National Agency for Education’s 1999 quality audit revealed that the majority of the 83 schools examined had drawn up an action plan to combat mobbing. Primary and secondary schools in nine municipalities were looked at by the Agency and particular attention was paid to mobbing and other offensive treatment. All the schools except one had an action plan. However, some of the schools did not include in their plans methods for preventing offensive treatment and combating racist behaviour.

Since 1 November 1997 schools and local authorities have had to produce quality reports. These must include an assessment of the extent to which objectives, such as those concerning offensive treatment, have been achieved. The quality reports should also describe the measures that need to be taken when not all the objectives have been achieved. In 1998 and 1999 few local authorities were able to present quality reports. The situation had improved in 2000, but 66 local authorities are still unable to state when they will be able to present their quality reports.

4.6.3 Basic Values Year and the Basic Values Project The Minister for Schools and Adult Education declared 1999 Basic Values Year in order to focus attention on the work with basic values in pre-schools and schools, and to stimulate debate and discussion about the role played by schools. Background factors included overemphasis on grades and subject knowledge. A number of studies and surveys revealed considerable shortcomings in the field of basic values education. Communicating and consolidating fundamental democratic values and encouraging learning and personal development should not be regarded two separate activities.

A Basic Values Project was initiated by the Ministry of Education and Science. The purpose of the project, which ran from 1 February 1999 to 31 March 2000, was to support and stimulate work at local level to concretise basic values through different activities aimed at different groups. Target groups were principally children and young people, but also teachers and other school personnel, headteachers, parents and local politicians.

One of the purposes of the project was to emphasise the importance of children and young people in the work with basic values in schools. Special attention should paid to their views and experience of education about living together and relationships from a power and gender perspective. For this reason the Basic Values Project was linked to a youth council. The council consisted of 10 young upper-secondary students from 10 different municipalities.

The Basic Values Project involved cooperation with some 40 different national authorities and organisations and had a website which received approximately 70 000

visitors. In order to reach parents and other adults outside the school system, a fact sheet was produced in 12 different languages. Three national conferences were organised, attracting more that 2000 participants, and a number of pedagogical discussion documents and research reports were published and widely distributed.

The book Värdegrundsboken – om samtal för demokrati i skolan (A Thematic Presentation of Basic Values – Democracy in Swedish Education) (2000) raises questions about the democratic role of schools and its prerequisites. One of the messages in the book is the need to enhance the children’s and young people’s perspective. The book also establishes that basic values are really a matter of ethical and moral attitudes, and that the pedagogical power that schools and teachers hold must be deliberately used to break down social and cultural barriers and traditional gender patterns.

Another important discussion the book takes up is how different social traditions affect the way we interpret basic values. Schools should not be value-neutral but should clarify basic values and tolerance limits. The principle of the equal worth of all people is a democratic value that cannot be interpreted away. In interpersonal relations there should be no distinction between the worth of different groups of people, and attitudes which deny this principle – such as Nazism, racism, sexism and the glorification of violence – shall be actively brought out into the open and combated. One area that the book points out as particularly important for continued work is the development of school as a multicultural meeting-place where basic values include rather than exclude children and young people from different backgrounds. Schools must be organised in such a way as to create opportunities for people to meet and discuss in order to promote good social relations, thereby combating offensive treatment. The book is available on the Government Offices’ website.

4.6.4 The National Agency for Education and its special assignment The National Agency for Education is the authority responsible for pre-school provision, school-age childcare, schools and adult education. The Agency’s primary area of responsibility is supervision, assessment, follow-up, development and quality work, and research. The Agency should use different means to help ensure that national objectives and guidelines are achieved.

The National Agency for Education was instructed in its appropriation directions for 2000 to draw up a long-term, strategic plan for its work with basic democratic values. The strategy should take particular account of the health of children and young people and apply to all types of school. Attention should also be paid to cooperation with other authorities and stakeholders.

The report was published in November 2000. The strategy will function as a planning document for the National Agency for Education and guide and direct the Agency’s work in the field of basic values and health. The Agency’s strategy is based, inter alia, on the work carried out under the Ministry of Education and Science’s Basic Values Project.

The point of departure for the National Agency for Education’s development strategy is the curriculum objectives and guidelines, and is in line with international conventions and declarations on the rights of all children and young people such as the United Nations’ Convention on the Rights of the Child. The importance of knowledge and competence, as well as sustainability and a promotional perspective, is highlighted.

Certain spheres are highlighted as being particularly important to develop, including:

– Support to, and stimulation of, professional development – both general and

specific measures. (Examples of general measures are increased dialogue with

teacher trainers, national and local conferences and seminars.)

– Support to local quality work on basic values.

– Cooperation with authorities and organisations. A national consultative group

was set up in the spring of 2000. Cooperation with external stakeholders

should also be expanded at regional level.

In 1999 the Government instructed the National Agency for Education to support and stimulate the teaching of modern history and to monitor how the teaching was being carried out. The Agency was to look at compulsory schools, upper-secondary schools and independent primary, secondary and upper-secondary schools. A report was presented in August 2000.

The National Agency for Education stresses in the report Undervisningen i 1900-talets historia (Learning and teaching about 20th-century history) that the function of history teaching is to develop pupils’ critical thinking and analytical ability. Pupils know a lot about the Holocaust. The book Living History has been positively received and is widely used. However, teachers report that pupils know little about other totalitarian regimes and violations of democracy and human rights. One explanation is a shortage of interesting and stimulating materials. Textbooks reflect this lack.

In particular, teachers highlight the importance of focusing on the ideas behind, and the emergence of, totalitarian systems– contempt for the individual, the meaning of prejudice and people’s indifference to available alternatives – and relating them to democracy and its rules. Combining the practical with the theoretical, for example through museum visits and visits by special individuals to the classroom, strengthens pupils’ knowledge and awareness, creates understanding and increases their empathic capability.

School visits and seminars carried out within the framework of the government assignment revealed that pupils’ view of the equal worth of all people has altered, and that a global perspective with respect to solidarity and equality has largely disappeared. Lack of respect for women and the expressions it takes are further examples. The difference between knowing about democratic codes of behaviour and applying them is considerable.

The government assignment resulted in a number of follow-up activities by the National Agency for Education. Among other things, the Agency’s report has been distributed to schools and local authorities throughout the country.

New history and social studies syllabi for compulsory schools were produced during the Basic Values Year 1999 and for upper-secondary schools in the spring of 2000. These subjects are important for work in schools with basic values issues and for the development of pupils’ ability to think critically. The new syllabi for compulsory school and upper-secondary school emphasise democracy and democratic issues as general approaches to life and also as a component in the study of society. Emphasis is also placed on the present day. Ethnic, religious and political persecution are also taken up.

In addition, the National Agency for Education is developing materials to support teachers wanting to measure pupils’ ability to discuss, listen, and debate, and their knowledge of democratic codes of behaviour, mutual responsibility, etc.

[…]

4.11¶The mass media

General The Freedom of the Press Act and the Fundamental Law on Freedom of Expression provide constitutional protection for freedom of expression in the mass media and elsewhere. This means that the principles of freedom from censorship and the right of establishment apply to the greater part of the media sector. The two Acts also state which crimes can be regarded as freedom of the press or freedom of expression offences, for example racial agitation.

The Radio and Television Act (1996:844) contains provisions concerning radio and television programme content. It also establishes that a person who is licensed by the Government to transmit television or sound radio programmes has a duty to ensure that his or her broadcasting activities as a whole are permeated by the fundamental principles of democratic governance and the principle of the equal worth of all people and the freedom and dignity of the individual.

The Government is of the opinion that the goal of media policy should be to support freedom of expression, diversity and the independence and accessibility of the mass media, and to combat harmful elements in the mass media.

The Government is working actively to ensure diversity in the media, which are able to openly monitor society and thereby combat corruption, injustice and the abuse of power. It is important to have a free press and independent radio and television companies that are able to raise issues concerning undemocratic forces in our society and which can highlight the injustices and divisions that already exist. In this way different groups in society can gain insight into each others’ situation, thereby increasing their understanding of the lives of other people.

The mass media’s examination of racism, homophobia, discrimination, etc

The mass media have recently taken a number of initiatives to examine antidemocratic movements. Most notable of these was the simultaneous publication by the four national newspapers on 30 November 1999 of the names and photographs of a large number of individuals who were active in racist or Nazi organisations and networks. The broadcasting media have taken similar initiatives. At the same time, representatives of the mass media have been subjected to threats and other attacks of a racist or Nazi nature.

Investigations by the media have not been restricted to the activities of antidemocratic organisations. Discrimination by national and local authorities and businesses, and manifestations of xenophobia at local level have also been examined.

The Joint Industry Committee for the Press (Pressens samarbetsnämnd) has drawn up an ethical code for the press, radio and television. The Committee states that ethics are not a matter of applying formal regulations but of a responsible approach to journalism and publishing. The most important ethical rules for the press are those which emphasise that the role played by the media in society and public confidence in the media call for accurate and comprehensive news coverage and a critical approach by the media to news sources. One rule of particular interest in the present context is that a person’s race, sex, nationality, occupation, political affiliation, religion or sexual orientation should not be stated if it is not relevant and is used negatively.

Measures by the Government, authorities, etc

Last year the Government awarded funding to the Department of Journalism, Media and Communication at Stockholm University (JMK) to develop the content and teaching methods of a course called ‘Media – Diversity –People’ within the framework of the journalist programme.

The background to the JMK’s application was the danger of oversimplified and stereotyped presentations of immigrants and ethnic relations in the media, and the important role played by news-reporters and journalists in combating prejudice. The intention is to use the experiences gained from the course for future courses with a similar content for students at JMK and to use them later on in a professional development course for working journalists.

The Swedish Broadcasting Corporation (Sveriges Radio) is, at its own initiative, running a project called ‘More Colour in the Media’, aimed at recruiting more journalists with immigrant backgrounds.

In 1999, Red Cross Youth, supported by the national coordination committee for the European Year against Racism, initiated the information project Quick Response. The aim of Quick Response is to provide a more balanced debate on issues connected with immigration, racism and xenophobia by supplying the media, opinion-builders and organisations with facts and background information when inaccurate information is being circulated. Quick Response also provides information to journalists, students and private individuals. For the past two years the work has received financial support from the National Integration Office.

4.12¶Support for work at local level, etc

4.12.1 Local anti-discrimination offices Local anti-discrimination offices have been, or are in the process of being, set up in Trollhättan, Norrköping, Malmö, Lund, Göteborg and Sundsvall/Härnösand. The offices are run by voluntary bodies and individuals such as the Workers’ Educational Association (ABF), the Red Cross, groups of organisations and societies, and private individuals.

Some of the offices work with several different types of discrimination, but the majority have directed their activities so far at discrimination on the basis of ethnic affiliation.

A number of the anti-discrimination offices have received initial project support and advice from the National Integration Office. In addition, the Ombudsman against Ethnic Discrimination has begun to offer training to people working at the offices and to provide the offices with information, training materials and regular advice. The work has been carried out in cooperation with the National Integration Office.

4.12.2 Support to victims of crime Voluntary victim support centres and women’s shelters have been set up in a large number of towns and cities around the country. Today there are local victim support centres in every police district. Some of them focus on particular groups, such as women with immigrant backgrounds or homosexuals.

A victim support centre is made up of a number of volunteer staff whose job it is to support and help crime victims. All the support staff are carefully selected and are given extensive and regular training.

The Crime Victim Compensation and Support Authority, in cooperation with the Swedish Association for Victim Support, will carry out measures directed at different target groups to deepen knowledge and awareness among people who come into contact with victims of crimes containing racist and xenophobic elements. The target groups selected are people working within the legal system, health and medical care, the education system, social services and voluntary organisations working with crime victims such as victim support centres and immigrant organisations.

In allocating resources from the Fund for Victims of Crime, the Crime Victim Compensation and Support Authority prioritises such activities as projects concerned with crimes containing racist, xenophobic or homophobic elements.

The Crime Victim Compensation and Support Authority also publicises information in order to encourage applications in connection with such projects.

4.12.3 Support to people wanting to leave racist and nationalist groups Project Exit aims at developing sustainable strategies and ideas for helping young people who want to leave racist, anti-Semitic and homophobic groups. Another important task is to pass on experiences to municipalities, authorities, etc. The Government has contributed financially to Project Exit since its inception in 1998.

According to Exit itself, since 1998 it has had contacts with a hundred or so young people from different parts of the country. The greatest number come from the southern regions – Skåne, Blekinge, Småland, Östergötland, Västergötland and the West Coast. Besides helping people to leave these groups, Exit has also established and developed contacts with municipalities, authorities and local social organisations. Their other activities have included talking with the parents of young people leaving the groups, and participating in training courses for local cooperation groups. In addition, Exit expanded its activities at local level during 2000.

4.12.4 Local crime prevention groups An essential element in the work to more effectively combat crimes containing racist, xenophobic or homophobic elements is close cooperation between different authorities and organisations at local level. Such cooperation is seen in most local crime prevention groups. These include representatives of local authorities (the education authority, social services, etc) and organisations. The police are represented in almost all the local groups.

In some parts of the country crime prevention groups have observed a need to focus their activities on concrete measures for combating racism and xenophobia.

The Crime Prevention Centre in Värmland (BFC) is one example. The Centre has been in existence since 1995. Its aim has been to provide local guidance, carry out assessments, and coordinate and disseminate experiences and information on crime prevention. Active work to combat racism and Nazism is being carried out both locally Värmland and in cooperation with other crime prevention groups in other parts of the country. The BFC has run a project called ‘Värmland free from Nazism’, which aims to obstruct recruitment to Nazi groups, thereby making it harder for them to become established in Värmland. The

work is carried out in the form of information to schools, at parents’ meetings and at meetings held by different organisations.

The BFC organises 7-day study trips to Auschwitz for school students and others. On their return home, participants should be able to catalogue and draft a concrete action plan against racism, Nazism and xenophobia in their respective spheres of activity. The BFC has also drawn up a county strategy to combat Nazism, racism and xenophobia in Värmland.

Another example is the cooperation group that was started in the autumn of 1999 in Nora municipality in response to the increase in activities by young people in connection with racist and xenophobic groups. The cooperation group has, among other things, drawn up an action plan in order to provide rapid help for young people wanting to leave these groups. A parents’ group is also being set up.

There are other good examples. Varberg crime prevention group is working in a similar way to BFC in Värmland against racism and xenophobia. Kumla crime prevention group has initiated a major project to combat xenophobia, mobbing and racism, ‘Dare to care’, which started in the autumn term 2000 in Tallängen School. And Ockelbo crimeprevention group started the project ‘Zero tolerance of mobbing and racism’, which runs throughout the school year 2000–2001 at senior secondary schools in the municipality.

There are also local crime prevention groups focusing on measures to combat crimes containing homophobic elements. One such is the cooperation group in Västerås.

4.12.5 Support to local youth work, etc.

Support to projects via the Swedish Inheritance Fund As part of the work of creating a national action plan against racism etc. the Government decided in April 2000 on three initiatives directed at young people. One of the initiatives is a three-year project involving SEK 30 million from the Swedish Inheritance Fund to develop youth organisations’ local work to combat racism, xenophobia and discrimination. A working-group, Arm in arm – The 4th Initiative, was appointed in the autumn of 2000 to assist the Government and the Swedish Inheritance Fund Commission with the project.

In November 2000 the Government decided to allocate SEK 10 million from the Swedish Inheritance Fund for the first year of a three-year project against racism, xenophobia and discrimination directed at organisations for children, immigrants and people with disabilities. Projects aimed at combating prejudice, encouraging empathy and general tolerance, and reinforcing children’s sense of identity and self-esteem are given priority. People with functional disabilities and an immigrant background are liable to double discrimination. For this reason support should be given within the framework of the project to the development of activities to support and strengthen the identity and selfesteem of people in this group. Applications will be dealt with by the office of the Swedish Inheritance Fund Commission at the Ministry of Health and Social Affairs.

Youth ambassadors and an essay competition

The working-group Arm in arm – The 4th initiative is also responsible for the implementation of two other youth initiatives. The first is an essay competition in the spring of 2001 on the theme of racism and discrimination, which is open to first-year students at upper-secondary school, and the second is a project to train 100 young people as ‘youth ambassadors’ against racism, xenophobia, homophobia and discrimination.

Two essay-writers will win a trip to the United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance being held between 31 August–7 September 2001. The aim of the initiative is to support schools in their work against racism, xenophobia and discrimination. It is hoped that the essay competition will encourage discussion in schools on respect and understanding for the principle of the equal worth of all people.

The youth ambassadors, 70% of whom are girls, have been trained in the ‘Diversity and dialogue’ method. The purpose of the training is to enable the young people to handle and discuss constructively issues surrounding prejudice, racism, xenophobia and discrimination.

In order for young people at local level to be able to initiate activities at grassroots level against racism, xenophobia and discrimination, the working-group will support them with the necessary information and motivation. The working-group will also create a permanent network of ambassadors for information and the exchange of experiences as well as help the ambassadors to create external contact networks which can support them in their activities.

5¶Future work – a national action plan against racism, xenophobia, homophobia and discrimination

5.1¶Introduction

The developments of recent years involving increasing propaganda and escalating violence of a racist, xenophobic and homophobic nature give cause for considerable concern. Equally worrying is the emergence of discrimination of different kinds. It is unacceptable, for example, that a person’s name, appearance or sexual orientation should influence his or her opportunities in society, whether it concerns applying for a job, renting a flat, visiting a pub or restaurant, acquiring a credit card or receiving social allowances.

This development must be checked. The matter has already been given high priority in Government policy. And much has

already been achieved, as can be seen in the present document. But it is not enough. The Government has therefore now formulated a national action plan against racism, xenophobia, homophobia and discrimination. The action plan should not be viewed in isolation. It is not a beginning, nor is it an end. The action plan is an attempt, against the background of recent social developments and earlier experience of working against

racism, xenophobia, homophobia and discrimination, to rationalise and coordinate the different measures being carried out in the field. It should, therefore, be seen as part of a continuing process.

The action plan contains a number of new concrete initiatives. But equally important is the fact that the action plan identifies different key areas and problems that need to be addressed in the future.

The measures presented in the action plan fall naturally within the Government’s and government agencies’ spheres of responsibility. Important sections, however, concern cooperation between the Government and other stakeholders, particularly the NGOs .

Responsibility for combating racism, xenophobia, homophobia and discrimination lies with all of us. Each one of us who lives in Sweden has an individual responsibility to react in our everyday lives and to the best of our ability when people are attacked or insulted for who they are.

The Government hopes, therefore, that the implementation of the measures presented in the action plan will help mobilise the whole of society – government agencies, local authorities and county councils, trade union organisations, employer’s organisations, business and trade associations, NGOs and the public – in the fight for a Sweden in which every individual is respected regardless of colour, ethnic or national origin, religious belief or sexual orientation.

5.2¶The long-term promotion of democracy and democratic values

Racist and other opinions and values which run counter to the principle of the equal worth of all people present an extreme challenge to the entire value system underlying democracy. Long-term and continuous work to strengthen the democratic institutions and increase democratic awareness is therefore essential.

Of considerable symbolic significance, but also of importance for practical policies, is how the political system per se deals with antidemocratic utterances. Elected representatives at all levels must publicly take a stand wherever and whenever people are attacked or denied their fundamental human rights on the basis of their ethnic affiliation, sexual orientation or functional disability. It is particularly important in a situation in which people in the exercise of their freedom of expression risk threats and harassment of different kinds. The more people who openly stand up in defence of the principle of the equal worth of all people, the harder it will be for the enemies of the democratic society.

It is equally important for the political parties to have a well-thought out approach to groups which today spread racist, xenophobic or homophobic messages in the public arena, and to be prepared for the possible emergence of new and more extreme movements in the future.

The Government must, through its practical policies, contribute to a deepening of the democratic processes throughout society. Civic participation and influence must increase. Human rights issues must be given greater emphasis and relevance in the national political debate, as well as in society as a whole.

The school system is a key institution for the long-term promotion of democratic values. Developing work in schools with basic values is therefore given priority. Schools must have the competencies and resources to identify and directly confront expressions of racism, homophobia and other forms of intolerance such as discrimination, both among pupils and teachers and in society at large.

In the borderland between educational measures and cultural policy there are opportunities to adopt measures which will in the long term increase interest in, and an understanding of, democratic principles. Experiences gained through the Government’s Living History information project must be utilised and built on. Cultural institutions can contribute in this work.

5.2.1 Measures to deepen democracy

Work to develop democracy is being carried out. The Government intends to allocate further project funding to local democratic development for the period up to and including 2002. A proposal for a national action plan for human rights will be presented in the autumn of 2001.

Developing and deepening democracy by supporting citizens’ influence and participation in society is a central task for the Government.

The Government Commission on Swedish Democracy presented its final report En uthållig demokrati (Sustainable Democracy) (SOU 2000:1) to the Government in February 2000. The report has been circulated for comment and is now being processed by the Government Offices in preparing a Bill to be presented in the autumn of 2001. In order to develop democracy in the long term and to create favourable conditions for active participation by citizens in the political decision-making processes and in society in general, work to develop democracy is also being carried out in the period up to the end of 2002 in the light of the Commission’s findings. The development work has as its motto ‘Time for Democracy’ and consists of three main components:

– National consultations on democracy and participation; – Support to the development of democracy; – Celebration of 80 years of universal suffrage in Sweden. Special funding has been set aside for the development work. The Government intends

to allocate further funding to projects aimed at stimulating participation in the democratic process, particularly schools, up to the end of 2002.

The work of the interdepartmental working-group charged with the task of drafting a proposal for a national action plan on human rights continues. The work includes cataloguing and analysing ways in which the Swedish authorities currently work to improve the protection of human rights in Sweden. The working-group will propose concrete measures and monitoring mechanisms for the national action plan as well as measures for marking the United Nations’ decade for human rights education in Sweden. The proposed action plan is to be presented by 30 September 2001.

5.2.2 The education system

The work of the National Agency for Education with basic values issues

The National Agency for Education has been directed to take steps and carry out selective measures to deal with possible weaknesses in the education system with respect to xenophobia, racism and homophobia, and ethnic and gender-related

mobbing. The issues will be highlighted in the continuing professional development of headteachers. Special funding has been allocated for this training. The National Agency for Education has also been charge, in consultation with the relevant authorities and organisations, to catalogue and analyse incidences of racism, ethnic discrimination, sexual harassment, homophobia and gender-related mobbing in schools, and to advise the Government of any further measures that may be necessary.

The basic values expressed in the curricula shall provide a basis and guidance for all

work in pre-schools, pre-school classes, after-school centres, compulsory schools and adult education. No one, child or adult, should have to suffer offensive treatment. All indications of harassment must be combated. Xenophobia and intolerance must be countered with knowledge and awareness, discussion and active measures. The work with basic democratic values is a process which requires knowledge and competence and which includes the entire education system. This means that schools must work closely and actively with parents, through parent-teacher associations and similar parents’ organisations as well as in society at large.

Children and young people must learn and apply society’s basic values system. A functioning school democracy in which pupils have a real influence over their situation is an important feature of this. Children and young people have the right to a school and an education that equip them to achieve all types of objective, both attainment objectives and overall basic values objectives.

Long-term work in schools with basic values issues is essential. Preventing and combating all forms of racism, homophobia and sexual harassment and all forms of discrimination is crucial for the future. Different expressions of racism, xenophobia and homophobia and different forms of discrimination must be properly identified and countered. It may be necessary to apply other types of measures to the prevention and combating of homophobia.

In the National Agency for Education’s appropriation directions for 2001 the Government states that the Agency must take steps and carry out selective measures to deal with possible weaknesses with respect to xenophobia and racism, ethnic and sexually-related mobbing and homophobia. The role and ability of headteachers is of central importance in this. Clearer direction needs to be given of the school’s teaching activities in order to achieve better goal-fulfilment. These issues should therefore be given special emphasis in headteachers’ continuing professional development. Special resources have been set aside for this purpose.

In its appropriation directions for 2001, the National Agency for Education was also charged, in consultation with relevant authorities and organisations, to catalogue incidences of racism, ethnic discrimination, sexual harassment, homophobia and genderrelated mobbing in schools. The Agency is to analyse and report to the Government on any further measures that may be necessary. The report is to be presented by 1 November 2002.

In 2001 the National Agency for Education will continue work based on a report presented to the Government in the autumn of 2000 on the teaching of modern history. Material will be produced which focuses on lines of development, sources and detailed studies of modern history in which, for example, the crimes of Stalinism and other violations are an integral part. The National Agency for Education’s awards for writers of teaching materials will concentrate in 2001 on the development of ideas and materials on this theme. An Internet ‘History Window’ for teachers and pupils will be developed.

The need for greater awareness of basic values issues

The Government intends to allocate a total of SEK 12 million over the next three years to broaden and deepen schools’ knowledge base in the field of basic values and to improve the availability of research findings.

There is considerable interest in and demand by local authorities and schools for support and stimulus with respect to basic values issues.

Schools function in a society which will be increasingly characterised by ethnic and cultural diversity. Children and young people should be prepared for a responsible life in a free and multicultural society where fundamental democratic values are respected. Protection of the principle of the equal worth of all people and work to combat all forms of discrimination must be intensified. Issues of human dignity and tolerance must be integrated into teaching activities and be regularly discussed in schools.

At the same time as Swedish schools are becoming increasingly multicultural, surveys reveal that many teachers feel they do not have enough knowledge about how to integrate different cultures in school. Fifty percent of teachers also feel that they do not know enough about pupils’ social situation. The Government intends to allocate a total of SEK 12 million over the next three years in order to broaden and deepen schools’ knowledge base in the field of basic values and to improve access to research findings. Göteborg University and Umeå University in collaboration with Ersta Sköndal University College have been given project funding for this purpose.

Monitoring and assessment with the use of quality reports

Measures will be taken to further develop quality reports as an effective instrument for monitoring the extent to which schools achieve the goals which have been set for work to combat offensive treatment.

The division of responsibility between central and local government means that overall objectives are set by central government, while the local authority and individual schools decide how they will work to achieve these objectives. It is clearly stated that local authorities and schools shall devise methods for preventing and dealing with offensive treatment. Each school is required to build up a knowledge base on these issues. However, local authorities and schools find it difficult to meet these requirements.

Since November 1997 schools and local authorities have been obliged to prepare quality reports. These should contain an evaluation of the extent to which the established objectives have been achieved, for example with respect to offensive treatment. The quality reports should also describe measures that need to be taken where objectives have not been reached.

Measures will be taken to further develop quality reports into an effective instrument in the work of improving quality in schools. Measures include a review of the regulations concerning quality reports.

5.2.3 Living History, etc.

The Committee on the Forum for Living History (Ku 1999:09) recently presented its report to the Government. After the report has been circulated for comment the Government intends to decide on the form and direction of the Forum’s future activities. A new committee has been appointed to head and conduct in 2001 and 2002 – until the Forum commences operations - the external work that has hitherto been carried out within the framework of the Living History project and of the Committee on the Forum for Living History. The National Historical Museum has been granted special funding for 2001 in order to continue its work against racism and xenophobia.

On 31 January 2001 the Committee on the Forum for Living History (Ku 1999:09) presented its report to the Government. The Committee’s tasks included setting up a Forum for Living History. According to the committee terms of reference, the Forum will deal with issues of democracy, tolerance and human rights, starting from the Holocaust (dir.1999:75). The new Forum will commence operating by 2003. The report will be circulated for comment in the spring of 2001 after which, in the autumn of 2001, the Government will decide on the form and direction the Forum’s future activities will take. The Government has also recently appointed a new committee to head and conduct in 2001 and 2002 – until the Forum commences operations - the external work which has hitherto been conducted within the framework of the Living History project and the Committee on the Forum for Living History.

The Committee’s tasks will include training and information measures directed primarily at teachers and schools, and the scope and focus of the collections of witness statements and objects that have begun. The Committee is also directed to concentrate on access to facts and information via the Internet and other new technology. The work is to be carried out in close connection with ongoing research.

The Committee is to cooperate with schools, children’s and youth organisations, societies and associations, NGOs, religious congregations, cultural institutions and other networks in order to achieve maximum possible nationwide accessibility. Concerning external activities, consultations should take place with the National Integration Office where appropriate.

The Committee is also instructed to take charge of coordinating the commemoration of the Holocaust. The bilateral and multilateral international work that is being carried out within the framework of the Living History project and which has hitherto been administered by the Prime Minister’s Office is to be transferred to the Committee. The Committee will make the recommendations and adopt the measures that are necessary.

The National Historical Museum has been working actively for a number of years to prevent the use of history and our cultural heritage to promote racism and xenophobia. The museum intends to continue to work with different aspects of this problem so that history and our cultural heritage can instead become an instrument to support tolerance, democracy and human rights. Against this background the Government has granted the National Historical Museum special funding for continued work to combat racism and xenophobia in 2001.

5.3¶Legislation

Effective and comprehensive legislation is essential if we in Sweden are to be able to combat actions and utterances which directly or indirectly violate the principle of the equal worth of all people.

It is important, therefore, that legislation is constantly reviewed. If gaps or weaknesses are discovered in the legislation, efforts must be made to remedy them.

As has already been made clear in this document, Swedish legislation is today relatively comprehensive. Nevertheless, some areas do need to be re-examined. This is particularly true of anti-discrimination legislation in other sectors of society than working life. Swedish anti-discrimination legislation is spread over several laws. The prohibition of discrimination in working life is regulated through civil law and the principal sanction is damages. Four different laws apply here, depending on whether the discrimination is on the basis of gender, ethnic affiliation, sexual orientation or functional disability. These laws contain special provisions concerning proof which are favourable towards the person discriminated against, and which mean that intention to discriminate does not have to be proved. Reports of discrimination in working life are pursued by trade union organisations and ombudsmen.

Sanctions against discrimination outside working life are contained in the penal provisions on unlawful discrimination. The provisions on unlawful discrimination do not cover all types of discrimination and concern only cases where there was an intention to discriminate. Reports of unlawful discrimination are dealt with by the police and prosecution service. The burden of proof rests entirely with the prosecution service. The penal provisions on unlawful discrimination have not had the desired effect and there have been very few convictions.

Under the provision concerning racial agitation it is illegal to threaten or express contempt against a group of persons with allusion to race, colour, national or ethnic origin or religious belief. However, it is not a punishable offence in Sweden to threaten or express contempt against homosexuals as a group.

The period of limitation for racial agitation not classified as petty is normally five years. However, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression contain provisions concerning especially short limitation periods for freedom of the press and freedom of expression offences, including racial agitation. This means that the limitation period for the freedom of expression offence racial agitation via, for example, a CD recording, is only one year from the release date of the recording.

5.3.1 Coordinating anti-discrimination legislation

The Government intends to issue a supplementary directive to the inquiry into extending protection against discrimination (N 2001:01) instructing it to investigate the possibility of introducing general anti-discrimination legislation which would encompass all or most types of discrimination and sectors of society.

As was stated above, two new anti-discrimination directives have been adopted within

the framework of the EU. One deals with discrimination on the basis of race or ethnic affiliation both in working life and in several other sectors of society. The other concerns discrimination in working life only and covers discrimination on the basis of religion or

conviction, functional disability, and sexual orientation. The Government has decided to appoint a special expert to present proposals for implementing the directive in Swedish national law. There are, however, a number of questions related to the inquiry’s directive which the Government believes should also be considered.

One such issue is whether protection against discrimination on the basis of gender, functional disability, age and sexual orientation should be regarded as equivalent to the equal treatment irrespective of race or ethnic affiliation contained in the directive. There are strong reasons for treating all types of discrimination as equal in law, something which several of the ombudsmen and others have urged.

Another issue is the question of coordinating the anti-discrimination laws. The Parliamentary Committee on the Labour Market stated (bet. 1998/99:AU4) in connection with Parliament’s processing of the Act concerning Measures to Counteract Ethnic Discrimination in Working Life, the Act Prohibiting Discrimination in Working Life of People with Functional Disabilities and the Act Prohibiting Discrimination in Working Life on the basis of Sexual Orientation, that the coordination of legislation against ethnic discrimination, discrimination on the basis of functional disability and discrimination on the basis of sexual orientation should be considered. The Committee also recommended that the advantages and disadvantages of including gender equality legislation in the coordination should be considered.

Parliament has stated (bet. 2000/01:AU3, rskr. 2000/01:4) that, since the EC directive requires the revision of current legislation, it is appropriate to examine the possibility of integrating anti-discrimination legislation.

The distribution of Swedish anti-discrimination legislation between different laws, and recent international developments in the area, are sufficient reasons for now examining the possibility of introducing general anti-discrimination legislation which would encompass all or most types of discrimination and sectors of society. Integrated legislation would also have a greater impact on public awareness and thereby provide more effective protection against discrimination.

The Government intends, therefore, in 2001 to issue the inquiry into extending protection against discrimination with a supplementary directive to consider whether protection against discrimination in other sectors of society than working life similar to those contained in the directive on equal treatment irrespective of race or ethnic affiliation should be introduced for discrimination on the basis of gender, functional disability, age and sexual orientation. The inquiry is also charged to consider the possibility of general anti-discrimination legislation.

5.3.2 Agitation against homosexuals

The Government is of the opinion that there are strong reasons for criminalising agitation against homosexuals as a group. This has been recommended by a parliamentary committee in a recent report. The report is currently being circulated for comment and will then be processed by the Ministry of Justice in the preparation of a Government Bill to be presented in late autumn 2001.

Homophobia is a basic component of the national-socialist and racist world view. This

means that homosexuals are a highly vulnerable group, both as the subject of racist and

right-wing extremist propaganda and as objects of racist and right-wing extremist violence.

At present it is not a punishable offence in Sweden to threaten or express contempt of homosexuals as a group. Criminal legislation in several other European countries including Denmark and Norway does, however, make it illegal. The Government believes that there are good arguments for criminalising agitation against homosexuals as a group in Sweden.

The Committee on Criminal Liability for Organised Crimes etc (Kommittén om straffansvar för organiserad brottslighet m m) recently presented a recommendation to this effect. The committee’s report contains a number of other recommendations which can be of significance for future efforts to combat crimes containing racist and similar elements.

The report is currently being circulated for comment and will then be processed by the Ministry of Justice in the preparation of a Government Bill to be presented in the late autumn of 2001.

5.3.3 Periods of limitation for freedom of the press and freedom of expression

offences

The Committee on the Fundamental Law on the Media (Mediegrundlagsutredningen) has been instructed to analyse and consider whether the period of limitations for freedom of the press and freedom of expression offences including racial agitation should be extended. The Government believes that the question of the periods which should apply is of considerable practical and theoretical importance and should clearly reflect other developments in the area.

The racist movement’s most important propaganda weapon is so-called white power music. The Office of the Chancellor of Justice has commented on the problems connected with the period of limitations for freedom of expression offences in dealing with racist utterances of this type. For example, a number of cases of racial agitation through the medium of CD recordings were dismissed by the Office of the Chancellor of Justice in the 1990s when the limitation on criminal prosecution came into effect before an action had been initiated.

The Government will continue to monitor judicial practice and criminal proceedings in this area through special reports by the Office of the Chancellor of Justice of cases of racial agitation.

The period of limitations for racial agitation not classified as petty is five years under normal law. Nevertheless, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression contain provisions concerning particularly short limitation periods for freedom of the press and freedom of expression offences. However, for the unlawful portrayal of violence in technical recordings, the provisions concerning the length of time allowed before commencing proceedings under normal law apply.

The instructions to the Committee on the Fundamental Law on the Media include analysing and considering whether the period of limitations for freedom of the press and freedom of expression offences including racial agitation should be extended. The Committee is to present its report by 1 March 2001. The Committee has also been asked to consider other matters which may be important for combating racism in constitutionally protected media in the future.

When the Committee’s proposals have been circulated and comments received, the Government will carefully consider means of dealing with racist propaganda which constitutes racial agitation through changes in the law. Any constitutional amendments which are made would enter into force on 1 January 2003 at the earliest.

5.4¶Other state intervention

In order for protection against discrimination to be effective it may be necessary to combine legislative sanctions with other forms of state intervention.

It is in the public interest that the public sector as a whole is run in accordance with the fundamental principles laid down in the legislation. Seeming contradictions must be avoided.

The Government firmly believes that activities which violate fundamental human rights should not be paid for out of the public purse. Consideration should therefore be given to ways of using various types of sanctions against legal entities in whose operations discrimination takes place. This could be done in connection with public procurement, state funding and subsidies, or the awarding of permits and licences.

In its work with the national action plan the Government has identified different instruments which could be used more proactively in combating discrimination, both by central and local authorities and in general. An important task for the future is to identify other such instruments and determine ways of implementing them in practical policies.

5.4.1 Anti-discrimination clauses in public procurement

The instructions issued to the Parliamentary Committee on Public Procurement (Upphandlingskommitté) include analysing ways in which the public sector can incorporate anti-discrimination clauses into procurement agreements. The Committee will present its final report in March 2001. When the report has been circulated for comment the Government will work to ensure that all possible means of using antidiscrimination clauses in public procurement are put into practice.

The total value of the state’s public procurement is approximately SEK 100 billion per

year. Public sector procurement as a whole amounts to approximately SEK 300 billion annually. A great many private employers and subcontractors are involved.

There has been increasing discussion in recent years on whether the public sector should use public procurement as an instrument for combating discrimination and promoting equal rights. In May 1999 in a supplementary directive (dir. 1999:34) the Parliamentary Committee on Public Procurement was instructed to analyse means whereby the public sector could include anti-discrimination clauses in procurement agreements. The Committee will present its final report by March 2001.

When the report has been circulated for comment the Government will work to ensure that all possible means of using anti-discrimination clauses in public procurement are put into practice.

5.4.2 State subsidies and grants

The Government intends to initiate an investigation into ways of linking different state support measures with a non-discrimination requirement.

A basic premise behind the calls to use anti-discrimination clauses in public procurement is that public funding should not be available to activities within whose framework fundamental human rights are violated. The question could also be asked whether the same view should apply to different forms of state support such as grants, subsidies and other support to companies and organisations.

The Government therefore intends to initiate an investigation into means of combining different state support measures with a non-discrimination requirement, and the types of state support that would be appropriate.

5.4.3 Local development agreements

The Government intends to raise the issue with the city councils with which it has signed local development agreements of the work they are doing to combat discrimination and to discuss with them the systematic presentation and sharing of the experiences they have acquired.

Since 1999 there has been close cooperation between the state and certain municipalities within the framework of the metropolitan policy’s local development agreements. One overall objective of the work is to break through the social, ethnic and discriminating segregation in metropolitan regions and to work to bring about egalitarian living conditions for city-dwellers. The agreements are based on voluntary and reciprocal measures.

This long-term development work is expected to yield invaluable experience through the city councils’ work to combat discrimination and promote diversity. In order to focus attention on the experiences of certain city councils in their work of drafting antidiscrimination measures, the Government will systematically raise these issues in dialogue with the councils.

5.4.4 Withdrawal of licences to serve alcohol

The licensing authorities and restaurateurs will be informed that licensing provisions mean that a permit to serve alcohol can be withdrawn if a licensee or employee is found guilty of unlawful discrimination in their restaurant business.

A large proportion of reports made to the police of unlawful discrimination concern the

restaurant business. This is also a type of discrimination that receives a lot of attention in the media and in public debate.

Refusal to admit a person to a restaurant or place of entertainment on the basis of race, colour, national or ethnic affiliation, religious belief or homosexual orientation is punishable under the provision on unlawful discrimination. However, the Government believes that every possible judicial means should be utilised to combat discrimination.

Under the Alcohol Act a licence to serve alcohol may only be granted to persons who demonstrate their suitability to do so in terms of their personal and economic circumstances and other conditions in general. In processing licensing applications, special consideration should be given to whether the applicant is law-abiding and liable to fulfil his or her social responsibilities (suitability assessment).

If a licensee or employee in the course of conducting their restaurant business is convicted of unlawful discrimination, the licence to serve alcohol may be reconsidered. This is a crime connected with the restaurant industry and must be regarded as serious.

However, the fact that such offences can affect the outcome of a suitability assessment is not widely known. There is a need, therefore, to increase awareness of the fact among both the licensing authorities and restaurateurs.

5.5¶The legal system

It is important that there is a consistent and clear attitude towards racist, xenophobic and homophobic crimes throughout the legal system.

If crimes containing a racist, xenophobic, anti-Semitic or homophobic element and the crime of unlawful discrimination are to be effectively prevented and combated, it is essential that the legal system makes full use of the opportunities provided by legislation.

There is a need, therefore, for greater awareness within the legal system of relevant legislation and the contexts in which these crimes may be committed. Greater knowledge is also needed about such phenomena as Nazism, anti-Semitism and homophobia as well as the situation for groups exposed to crimes of this nature.

Increased cooperation between relevant authorities and between the authorities and NGOs is also of considerable importance for the effectiveness of the legal system’s efforts in this field. Naturally, such cooperation respects the division of responsibility among the legal authorities. The need for cooperation is especially obvious with regard to the police and prosecution service. It is equally important that measures carried out are regularly monitored.

5.5.1 The legal authorities

The fight against crimes motivated by racism, xenophobia or homophobia and unlawful discrimination will continue to be given high priority in the legal system. Work will continue with the knowledge strategies being drawn up by legal authorities.

In the appropriation directions to the Office of the Prosecutor-General and the National

Police Board for 1996 onwards the Government has stated that the fight against crimes motivated by racism or xenophobia must be given priority. Against this background intensive reform and development work has been going on within the legal system. Considerable resources in the legal system are being directed at preventing and combating crimes of this nature.

In December 1999 the Office of the Prosecutor-General presented a comprehensive concrete action plan to guide the prosecution authority’s future measures against racist and xenophobic crimes.

As part of the action plan, the Office of the Prosecutor-General gave the prosecution service the special task of investigating and analysing whether regular monitoring of racist crimes is carried out, and the extent of such crimes on the Internet. A report has been presented to the Office of the Prosecutor-General, where the matter is currently being processed.

As a further part of the action plan the prosecution authority is investigating ways in which the provisions contained in Chapter 11 of the Penal Code, the Fiscal Offences Act and other business-directed special legislation can be updated to include the business activities conducted by some racist organisations. These issues are being discussed by a working-group under the Economic Crimes Council and elsewhere.

In its revised planning requirements for 2001–2003 the National Police Board states that it is important that the police authorities organise their work and create routines which enable racist, xenophobic, anti-Semitic and homophobic crimes to be disclosed as soon as they are reported. All crimes which may have such a motive should be given priority.

In addition, each police authority should prepare and document a crime prevention strategy for crimes containing racist, xenophobic or homophobic elements. The strategy should include details of the authorities and organisations included in the cooperation, and the form the cooperation will take.

In the autumn of 2000 the Office of the Prosecutor-General and the National Police Board began to carry out joint inspections to see how the cooperation between the prosecution service and the police is working with respect to racist crimes, etc.

According to the appropriation directions for 2001 for the police and prosecution services, crimes containing racist, xenophobic or homophobic elements and unlawful discrimination shall continue to be given high priority.

The Government is also following up the instruction previously issued to the legal authorities to prepare a strategy for ensuring that their employees are well-informed about the motives for crimes containing racist, xenophobic or homophobic elements and on the situation for groups exposed to these crimes. Also in the appropriation directions for 2001 the Government charged several authorities to report on the measures that had been carried out under the strategy. The National Council for Crime Prevention has also been instructed to report and comment on the measures which have been taken in accordance with the training strategy on such crimes for legal system personnel.

The National Prison and Probation Administration has been directed to draw up a strategy to combat racist, xenophobic or homophobic tendencies among people serving prison sentences.

On 11–15 February 2001 a seminar will be held in Stockholm on combating crimes of a racist, xenophobic or anti-Semitic nature in EU member states. Participants will include judges, prosecutors and police from EU member states in particular but also elsewhere.

Better basic training and in-service training on the subject, the work with the different government tasks, and the priorities that have been made should lead to greater cooperation among the legal authorities and improved methodology for preventing and combating racist and similar crimes.

5.5.2 Follow-up, etc.

The Government intends to instruct the National Council for Crime Prevention to monitor measures carried out by the legal authorities to combat crimes containing

racist, xenophobic or homophobic elements and unlawful discrimination. In addition, following a legislative amendment, courts are now required to send verdicts concerning racial agitation and unlawful discrimination, and verdicts in which the court decides whether the motive for a crime was to abuse a person or a group of persons on the basis of race, colour etc., to the National Council for Crime Prevention, the National Integration Office and the Ombudsman against Discrimination on the basis of Sexual Orientation.

The task of the National Council for Crime Prevention is to promote the work of crime

prevention and provide the Government and legal authorities with material on which to base crime policy measures. The Government intends therefore to instruct the National Council for Crime Prevention to catalogue measures carried out by the judicial authorities to combat crimes containing racist, xenophobic or homophobic elements and the crime of unlawful discrimination, and to analyse how these measures affect the development of such crimes. The Council will inform the Government of any further measures that may be necessary. The work is to be carried out in consultation with the National Integration Office, the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination on the basis of Sexual Orientation and the relevant legal authorities.

Greater awareness of the extent and scope of crimes containing racist, xenophobic and homophobic elements is important. The Swedish Security Service (SÄPO) has for a number of years documented and collated information on reports to the police of such crimes. This work will continue.

The Government recently passed an amendment to the Proclamation on the Notification of the Verdicts in Certain Criminal Cases, etc (1990:893). The amendment means that the courts are required to send verdicts concerning racial agitation and unlawful discrimination, and verdicts in which the court has decided whether the motive for the crime was to abuse a person or group of persons on the basis of race, colour, national or ethnic affiliation, religious belief or other similar factor to the National Council for Crime Prevention, the National Integration Office and the Ombudsman against Discrimination on the basis of Sexual Orientation.

This makes it easier to monitor judicial practice and the Government’s attention can more easily be drawn to any deficiencies there may be in judicial practice or developments with respect to crimes of a racist or similar nature.

The mass media and the public also have an interest in obtaining accurate and comprehensive information about the work of the legal system and general trends in crimes of this nature. It is important therefore that as much as possible of the information possessed by the legal authorities is made available through the knowledge bank which the National Integration Office is setting up.

5.6¶The Ombudsmen

The work of the Ombudsmen is crucial in the fight against discrimination in society. The Ombudsmen must therefore be allocated sufficient resources and powers in order to work effectively.

Since the laws against discrimination in working life entered into force in May 1999, the appropriations allocated to the Ombudsmen have risen dramatically. This has meant that the Ombudsmen are now better able to investigate reports from individuals and to

inform employers and trade unions of the requirements stipulated in the respective antidiscrimination laws.

The Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination on the basis of Sexual Orientation, the Disability Ombudsman and the Equal Opportunities Ombudsman carry out similar tasks in the world of work. In other sectors of society, however, their powers and tasks vary.

The coordination of some or all of the functions of the Ombudsmen under the Government has been discussed in different contexts. Arguments put forward include the risk that the existence of many different specialist ombudsmen could undermine the authority of the institution of ombudsman per se, and the risk that certain groups could fall between the ombudsmen’s different spheres of responsibility.

5.6.1 Tasks and spheres of responsibility

The Government intends to issue a supplementary directive to the committee appointed to consider extending anti-discrimination protection (N 2001:01) instructing it to review the tasks and spheres of responsibility of the government ombudsmen. The review should take into account whether the ombudsmen’s tasks should be extended beyond working life .

Today the Ombudsman against Ethnic Discrimination, the Disability Ombudsman, the Ombudsman against Discrimination on the basis of Sexual Orientation and the Equal Opportunities Ombudsman perform different tasks, in both working life and other sectors of society, and their activities are regulated in different ways. In working life their activities are regulated primarily by the four anti-discrimination labour laws. In other spheres the work of the Ombudsman against Ethnic Discrimination and the Disability Ombudsman is regulated by both Acts and ordinances, whereas the work of the Ombudsman against Discrimination on the basis of Sexual Orientation and the Equal Opportunities Ombudsman are regulated by ordinances only.

As was stated above (section 5.3.1) the Government intends to instruct the committee (N 2001:01) set up to recommend proposals for implementing the two EC directives on equal treatment in employment and occupation and equal treatment between persons irrespective of racial or ethnic origin in Sweden to examine the possibility of introducing general anti-discrimination legislation covering all or most types of discrimination and sectors of society. The committee should also consider whether protection against discrimination in other sectors of society than working life on similar lines to that which is prescribed in the EC directive on equal treatment in working life irrespective of racial or ethnic origin should be introduced for discrimination on the basis of gender, functional disability, age and sexual orientation.

The EC directive on equal treatment between persons irrespective of racial or ethnic origin requires that each member state has one or more body or bodies which can pursue discrimination complaints independently. In the working life sector the Ombudsman against Ethnic Discrimination meets the directive requirements for such a body. For other sectors there is a need to examine current legislation in relation to the directive.

The Government believes that it is natural in the context to also consider whether the ombudsmen should be given equal responsibilities and thus the same powers to combat discrimination irrespective of the grounds for discrimination or social sector. The

Committee should therefore be directed to review the tasks and spheres of responsibility of the government ombudsmen.

5.6.2 Possible merging of functions

The Government intends in a supplementary directive to instruct the committee (N 2000:01) appointed to consider extending anti-discrimination protection to also consider the merging of some or all of the functions of the government ombudsmen.

The question of combining some or all of the functions of the ombudsmen has been

raised on a number of occasions. The Parliamentary Committee on the Labour Market stated in its report (1998/99:AU4) that the coordination of the offices of the ombudsmen arose naturally in connection with the question of combining the anti-discrimination labour laws. In addition, as recently as November 2000 Parliament informed the Government that a committee should be appointed to investigate the possibility of combining the functions of the government ombudsmen under a single institution (bet. 2000/01:KU3, SKr. 2000/01:35).

The Government believes that the time has now come to consider combining the antidiscrimination laws and intends, against the background outlined above (section 5.3.1), to direct the committee which was appointed to consider extending anti-discrimination protection (N 2001:01) to consider the possibility of general anti-discrimination legislation. If the legislation regulating the activities of the ombudsmen is coordinated it is appropriate to also consider combining the functions of the ombudsmen.

The EC directive on equal treatment in working life also calls for the introduction of legislation against discrimination on the basis of age. Sweden does not have an ombudsman or equivalent body to deal with these matters. It could therefore be appropriate to set up such an office. However, it has been argued that the existence of too many specialist ombudsmen could undermine the authority of the institution of ombudsman per se.

In view of the work to implement the two EC anti-discrimination directives which has now begun and of Parliament’s statements concerning anti-discrimination legislation and ombudsmen, it is appropriate to instruct the committee appointed to consider extending anti-discrimination protection (N 2001:01) to consider the possibility of combining the functions of some or all of the government ombudsmen in one institution. It is important, however, to take account of the special nature of the different ombudsmen’s activities.

5.7¶Increased knowledge and awareness of discrimination

Increasing attention is being paid in public debate to more or less organised forms of racism and Nazism. This is understandable. Such activities must be taken seriously and be opposed by every means a society based on the rule of law has at its disposal.

Less attention is paid, however, to more ‘everyday’ discrimination which people in our country are exposed to on different grounds and in different contexts. This discrimination can occur in contacts with the authorities, in the housing market, in education, in the leisure industry, in the credit market and other contexts. In the long term this everyday discrimination is just as great a threat to social cohesion and, in the long run, democracy.

Discrimination can take many different – and sometimes quite subtle - forms. Discrimination is not always based on racism, xenophobia or homophobia. It can also be a matter of prejudice or general unwillingness – sometimes even misguided willingness – but also indifference, lack of awareness, ignorance or even economic considerations. It is this that makes the fight against discrimination so complex. Other measures may be needed to combat and prevent discrimination than are needed to combat racism or homophobia.

Several of the initiatives and priorities described above can partly be viewed against this background. But legislation, the work of the legal authorities and other forms of state intervention are insufficient on their own.

A first step towards dealing with discrimination in different sectors of society is the recognition that discrimination does take place and an understanding of the insult suffered by the discriminated individual. In this respect the Government and the responsible authorities have an important educational responsibility.

Areas requiring special measures must be identified, along with key stakeholders. Strategies for dealing with problems must be drawn up and implemented. These must be follow up. Such work is being performed primarily by the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination on the basis of Sexual Orientation and the National Integration Office, but the Government believes that the work must be intensified and more people must take responsibility.

5.7.1 Training key people

The National Integration Office and the Ombudsman against Ethnic Discrimination have been directed to carry out information and training measures for people in key positions on both the mechanisms behind ethnic discrimination and current relevant regulations.

In the spring of 2000 the National Integration Office, in cooperation with the Ombudsman against Ethnic Discrimination, was instructed to carry out information and training measures in order to increase knowledge and awareness by people in key positions of both the mechanisms behind ethnic discrimination and current regulations. Key persons include representatives of different authorities and industrial organisations and business people. The Ombudsman against Ethnic Discrimination and the National Integration Office have produced a strategy for carrying out the information and training measures.

In the autumn of 2000, SIFO Research & Consulting conducted a survey on behalf of the Ombudsman against Ethnic Discrimination and the National Integration Office on levels of awareness in society about matters concerning discrimination. Against the background of the findings the Ombudsman against Ethnic Discrimination and the National Integration Office will now study the general measures that could be implemented. The study will also provide a basis for discussions with representatives of different sectors and industries. A number of key persons have already been identified and a dialogue with different stakeholders has been initiated.

The objective of the discussions is that the organisations themselves should work strategically to disseminate information, catalogue needs for support and determine future

results objectives. The National Integration Office also runs a training project for key personnel in the legal system.

5.7.2 Special task for the National Labour Market Board

In the spring of 2001 the Government will charge the National Labour Market Board to carry out a special task concerning, inter alia, training measures directed at employment officers and other Labour Market Administration personnel with respect to both the mechanisms behind discrimination and current legislation in the field.

The employment offices are the central actors in the implementation of labour market

policy. Their activities involve contacts with many different employers. They also involve contacts with many individual employment seekers, a relatively large proportion of whom have an immigrant background. The Government believes therefore that particular attention should be paid to both the role of the employment offices in the work of combating discrimination in working life in general and the risk that employment seekers are discriminated against in their contacts with the employment offices.

Active steps to broaden recruitment to posts in the Labour Market Administration can be one means of combating the latter. But this is not enough. There is also a need for knowledge and awareness throughout the entire organisation of the forms which discrimination can take and the mechanisms behind it, and of current legislation in the field. It is also important that employment offices reject any discriminating requests on the part of employers.

Against this background the Government will, during the spring of 2001, charge the National Labour Market Board with a special task concerning training measures directed at employment officers and other Labour Market Administration personnel, and other measures to ensure that discrimination does not occur. The task will be carried out in conjunction with ongoing activities within the framework of the Ombudsman against Ethnic Discrimination’s joint education and training measures with the National Labour Market Board.

5.7.3 Measures to prevent and combat discrimination against the Roma

The Government will initiate long-term strategic work to prevent and combat discrimination against Roma (the Romany).

The Roma as a group are the victims of particularly strong prejudice and discrimination.

There are several possible reasons for this.

Centuries of discrimination have meant that many Roma lack faith and trust in the authorities. The majority of Roma would seem to believe that it is a waste of time to take action against discrimination. Very few cases of discrimination are reported by Roma to the police or the Ombudsman against Ethnic Discrimination.

The fact that the Romany culture is today very much an oral culture is presumably on reason for the reluctance to contact the authorities. Lack of fluency in the Swedish language may be another factor in some cases. A further important factor is that many

Roma are not aware of their rights and of what can be done to ensure that they are observed.

In order to improve the situation, the Government intends in 2001 to direct the Office of the Ombudsman against Ethnic Discrimination to work to combat and prevent discrimination against Roma. The Office will be allocated resources for a two-year project which will form part of the long-term strategic work on the issue.

The project will include evaluating the extent of discrimination against Roma, working out methods and strategies for preventing discrimination against Roma, increasing awareness among Roma of the protection against discrimination that is available to the individual, and working to create trust between Roma and the relevant authorities.

The National Integration Office has acquired, through its work and contacts with Romany organisations and newly-arrived Roma, experience and knowledge that should be utilised.

5.7.4 Information campaign on the Sami

In 2000 the Government initiated a national information campaign on Sami and Sami culture in order, inter alia, to prevent and combat discrimination. The campaign is longterm and strategic and is planned to continue until 2005.

Sweden’s native inhabitants, the Sami, have historically found themselves in a marginalised position, and to a certain extent still do. For a long time the policy that was pursued was to make the Sami population become Swedish. Sami were denied the right to speak their own language and practice their religion. Sami were also forcibly relocated as a result of negotiations between Sweden and Norway on reindeer pastures on both sides of the border. Ancient pasturing laws created divisions between reindeer-herding and nonherding Sami. The attitude of the majority society to the Sami has sometimes had racist overtones.

Today the Sami face other problems. Ignorance about the Sami and the importance of Sami culture for Sweden has provided fertile soil for myths and prejudices, and has served to exacerbate a real conflict of interests between Sami and non-Sami. Discrimination and harassment of individual Sami in different contexts still occurs. However, despite the fact that attitudes towards the Sami have in some respects become more negative, other studies show that there is at the same time understanding of the Sami’s situation and broad support for the need for economic support.

The Government believes that better knowledge about the Sami and their situation is crucial for effective treatment of existing problems and for building up long-term trust between Sami and the majority society. The Government therefore initiated in 2000 a national information campaign on the Sami and Sami culture in order, inter alia, to prevent and combat discrimination. The campaign is long-term and strategic and will continue until 2005.

5.8¶Support to work at local level

Concrete work against racism, xenophobia, homophobia and discrimination must continue to be conducted largely at local level. Nevertheless, the Government and national bodies

also have an important role to play in the provision of support and advice to the local work. The national knowledge bank which is now being set up by the National Integration Office should be viewed in this perspective. The knowledge bank will enable knowledge and experience at both central and local levels to be systematically gathered and disseminated.

There is, however, also the need for further and more active measures on the part of the Government and relevant authorities in order to provide the basis for long-term work at local level to combat racism and other forms of intolerance. Important areas include the need for support to local activities to help individual victims of crimes containing racist, xenophobic or homophobic elements or discrimination, and to municipalities which have problems with racist or xenophobic tendencies.

5.8.1 Support to crime victims

In order to increase knowledge and understanding by people who come in contact with victims of crimes containing racist or xenophobic elements, the Crime Victim Compensation and Support Authority will carry out certain measures in collaboration with the Swedish Association for Victim Support. In the allocation of funds from the Fund for Victims of Crime, projects involving crimes containing racist, xenophobic or homophobic elements will continue to be given priority.

In recent years victims of crime have received a very different type of attention than previously. A large number of towns and cities around the country now have victim support centres and women’s shelters to provide help and support to those who have been subjected to some form of attack.

The Crime Victim Compensation and Support Authority, in cooperation with the Swedish Association for Victim Support, will carry out certain measures as part of the National Integration Office’s work to stimulate measures to increase knowledge and awareness among people who come in contact with the victims of crimes containing racist or xenophobic elements. In order to reach selected target groups a number of major regional one-day conferences and a number of smaller, locally-based seminars will be held.

In allocating funds from the Fund for Victims of Crime, the Crime Victim Compensation and Support Authority will, according to its appropriation directions for 2001, continue to prioritise, inter alia, projects involving crimes containing racist, xenophobic or homophobic elements.

The Crime Victim Compensation and Support Authority will also, according to the same appropriation directions, prioritise information projects aimed at victims of crime who are not fully fluent in the Swedish language.

5.8.2 Advice and support to local authorities

The National Integration Office, in cooperation with the Swedish Association of Local Authorities, has been charged to develop an advisory and supportive service to which municipalities that have problems with racist and xenophobic tendencies can turn. Broad-based consultation with local authorities has been initiated and will continue during 2001.

The National Integration Office, in cooperation with the Swedish Association of Local Authorities, has been charged by the Government to develop an advisory and support service for local authorities and others in need of support in their work to combat racism and other forms of intolerance.

A network of experts and resource personnel in this field will be established in order to provide assistance to municipalities both in acute situations - for example when acts of violence of a racist or xenophobic nature have taken place - and in the long-term preventive work at local level.

In order to catalogue the required scope and nature of such work, the National Integration Office is holding broad-based consultations with local authorities and other local stakeholders. These consultations have already begun and will continue throughout the spring of 2001.

In its annual report in February 2002 the National Integration Office will present in more detail the direction future advisory service will take.

5.8.3 Support to people wanting to leave racist and similar groups

Government continues to provide financial support to the Exit project in 2001. A working-group will be appointed to investigate ways of structuring, developing and financing work at local level to support young people who want to leave racist and Nazi groups, and the part Exit can play in this work.

The Exit project is one feature of the work at local level to deal with the problem of racist and xenophobic tendencies. Exit’s objective is to develop and disseminate sustainable strategies for assisting young people who want to leave racist and similar groups, and it has already established and developed contacts with municipalities, authorities and local social services.

The Government believes that such work performs an important function and has therefore granted Exit continued financial support for 2001. A special working-group will be appointed to investigate ways of structuring, developing and financing work at local level to support young people wanting to leave racist and Nazi groups, and the part Exit can play in this work.

In the provision of long-term support to people wanting to leave racist and Nazi organisations, the regular, normal work at local level plays a crucial part. Not least important is increased cooperation between authorities at local level, such as the social services and the police. Local crime prevention councils can play an important part in this respect.

5.8.4 Local crime prevention councils

The National Council for Crime Prevention will present by 1 March 2002 a special report on local crime prevention councils and similar operations aimed at crimes containing racist, xenophobic or homophobic elements.

Cooperation between different authorities and organisations at local level in many areas is already taking place through local crime prevention councils. Some of the councils have focused on concrete measures to combat crimes containing racist, xenophobic, anti- Semitic or homophobic elements. One example is the Crime Prevention Centre in Värmland, and there are similar centres in Nora, Kumla, Varberg, Ockelbo and Klippan.

The Government regards it as important that the knowledge and experience about crimes containing racist, xenophobic or homophobic elements that is acquired by local crime prevention councils and similar organisations be utilised and disseminated. According to its appropriation directions for 2001, the National Council for Crime Prevention will therefore present a special report on local crime prevention councils and similar operations aimed at crimes containing racist, xenophobic or homophobic elements.

A further channel for disseminating experiences acquired through the work of the local crime prevention councils is the knowledge bank being set up by the National Integration Office.

5.8.5 Local activities to combat discrimination

The Government views very positively local activities aimed at combating discrimination such as the anti-discrimination offices. There is reason to consider expanding and developing local initiatives of this type.

The Government views very positively the local activities aimed at combating discrimination which have been initiated in different towns and cities in the country, such as the anti-discrimination offices.

Such activities can play an important role in the local community in drawing attention to discrimination and disseminating knowledge and information about relevant legislation and the operations of the legal authorities. The Government believes it is important to create more opportunities for person-to-person contacts where oral advice can be given.

During the year, the Ombudsman against Ethnic Discrimination and the National Integration Office intend to help set up a network of the different anti-discrimination offices and similar organisations and invite them to take part in joint discussions, training days, and so on.

There is reason to consider the possibility of expanding and developing local initiatives of this type. The provision by the National Integration Office of project and organisational support and its consultations with NGOs provides an important basis on which to develop future working methods and directions.

5.8.6 Youth projects, etc.

During the period 2001–2003 the Government intends to allocate SEK 30 million from the Swedish Inheritance Fund to developing work by youth organisations at local level to combat racism, xenophobia and discrimination. The Government has recently made clear that the allocation can also be used to support local work to combat homophobia.

The Government has decided on special project funding from the Swedish Inheritance

Fund. The aim is that a total of SEK 30 million shall be used during the period 2001–2003

to develop local work by youth organisations to combat racism, xenophobia and discrimination.

A working-group, Arm in arm – The 4th initiative, was appointed in the autumn of 2000 in order to assist the Government and the Swedish Inheritance Fund Commission in this work. The working-group will prioritise projects which

– have been initiated and are carried out by young people; – involve the development of new ways of working against racism etc; – should have long-term effects; and

– involve cooperation between different associations and schools or local

authorities.

The first application period has just ended. The next opportunity to apply for funding should be in the autumn of 2001.

The Government recently made clear in a decision that the funding can also be used to support local work against homophobia.

A further SEK 30 million from the Swedish Inheritance Fund will be set aside during 2001–2003 for projects aimed at strengthening children’s sense of identity and self-esteem and at combating prejudice among them, as well as for projects aimed at combating discrimination against functionally disabled people with an immigrant background. Relevant organisations will receive a written invitation to submit applications at the beginning of 2001. Applications will be dealt with by the office of the Swedish Inheritance Fund Commission at the Ministry of Health and Social Affairs..

The working-group Arm in arm – The 4th initiative is also responsible for the implementation of two other youth initiatives. One is an essay competition on the theme of racism and discrimination for all first-year students at upper-secondary school, organised in connection with the Stockholm International Forum: Combating intolerance on 29-30 January 2001, and the other a project to train 100 young people as ‘youth ambassadors’ against racism, xenophobia, homophobia and discrimination. Over a twoyear period the young people will work locally in their normal fields. The working-group will provide the youth ambassadors with different types of support in their work.

5.9¶The special role of NGOs

Active measures by NGOs and voluntary organisations of different types are essential to the work to combat racism, xenophobia, homophobia and discrimination. Like individuals who are the victims of violence or other attacks of a racist nature or of discrimination, NGOs also have experience and expertise which must be put to use. They can help cast light on different types of racist utterance and discrimination.

Measures should therefore be taken to support and develop the work of NGOs, both individually and jointly, and to enable continuity in their work. Much of what has been described above contains this objective. The following measures, however, are aimed specifically at NGOs.

5.9.1 Consultation and dialogue

NGOs, like individuals who are subjected to violence or other attacks of a racist nature or to discrimination, should be involved to a greater extent in the work against racism, xenophobia and discrimination.

The fight against racism, xenophobia and ethnic discrimination concerns everybody. In order for the work against these phenomena to be successful, the experience and knowledge of people already involved in the field should be put to use.

The instruction to the National Integration Office to conduct a dialogue with organisations, local authorities and other stakeholders actively working against racism and other forms of intolerance, should be viewed against this background.

The first seminar for people active in NGOs and who have valuable knowledge and expertise in the field of anti-discrimination and anti-racism was held in December 2000. The National Integration Office intends to arrange seminars and workshops with different consultation partners in 2001, after which it will report to the Government on the results of the consultations. The reports should provide a basis for the Government’s deliberations on the need for further measures against racism, xenophobia and discrimination.

5.9.2 The EU action programme against discrimination

The Government will direct the Council for the European Social Fund in Sweden to distribute information about the Community action programme to combat discrimination, and assist NGOs and others wishing to apply for financial support from the Commission within its framework.

The Community action programme to combat discrimination, which acts as a complement to the two recently adopted EC anti-discrimination directives, covers discrimination on the basis of race or ethnic affiliation, religion or belief, functional disability, age and sexual orientation and is valid for the period 1 January 2001–31 December 2006.

The objective of the action programme is to provide support and assistance at both national and EU level to those working to combat discrimination. The EU has set aside 98.4 million euro for the implementation of the programme.

The programme defines the framework for measures that can be taken in certain specified areas. The Commission has primary responsibility for implementing, disseminating information about, evaluating and supervising the action programme. The Commission will specify guidelines for measures and implementation. Actors are NGOs and authorities. These may apply for support for measures within the framework of the programme. Applications should take the form of tenders or proposals.

It is a well-known fact that many voluntary organisations working with these issues have extremely limited financial resources. This could mean that it is difficult to find the necessary time and energy to apply for different types of economic support.

In order to make it easier for relevant actors in Sweden to participate in the programme and apply to the Commission for financial support, the Government intends to direct the Council for the European Social Fund in Sweden to disseminate information about the programme and to assist those wanting to participate in it.

5.9.3 The Community initiative Equal

During the period 2001-2006 more than 86 million euro from the European Social Fund and an equivalent amount of national financing will be invested in projects aimed at combating discrimination in working life within the framework of the Community initiative Equal. The work will be carried out in the form of development projects involving several stakeholders including authorities, labour markets organisations, businesses and NGOs .

The new Community initiative Equal aims to promote new means of combating all

types of discrimination and inequality in connection with the labour market through international cooperation. The programme includes both unemployed people and employees.

Activities under the programme will take the form of development projects involving several stakeholders, such as authorities, labour market organisations, businesses and NGOs, for example within a specific geographical area. Another important aspect of the work under Equal is the dissemination of the results of development projects – new methods – at both national and Community level. The programme will ultimately have an impact on policy, systems and structures.

Sweden has been allocated more than 86 million euro from the European Social Fund for Equal for the programme period 2000–2006. A further equivalent sum will come from national financing. Equal is administered in Sweden by the Council for the European Social Fund in Sweden. The first application period for the programme starts in February 2001.

5.9.4 Funding for an anti-Nazi foundation

The Government intends to contribute SEK five million to the foundation to be set up under the name ‘Artists against Nazis’. The foundation will provide financial support on an annual basis to groups and individuals actively engaged in combating racism and Nazism.

In January 2001, under the banner ‘ALL OF SWEDEN – Artists against Nazis’, a large section of Sweden’s top performers gathered in Globen arena in Stockholm as a demonstration against racism and Nazism.

As part of this action, it has been decided to set up a foundation called ‘Artists against Nazis’. The founders are performers and donors. Income from ticket and record sales, support from the business sector and trade union organisations, etc. will be paid into a fund administered by the foundation. Each year economic support will be paid out of the fund to groups or individuals actively engaged in combating racism and Nazism. The Government intends to contribute SEK five million to the fund.

Further information about the foundation’s charter and sphere of activities will be presented in the spring by those responsible.

5.10¶The strategic role of the National Integration Office in the continuing work

One of the primary tasks of the National Integration Office is the prevention and combating of racism, xenophobia and ethnic discrimination. The special tasks with which the Office was charged in the spring of 2000 are directed at developing forms and methods for long-term work in the area and at the Office’s strategic role in society’s combined efforts against racism and other forms of intolerance. The development of a national knowledge bank is a central feature of this work. The National Integration Office has a clear responsibility to follow up work against racism etc.

One of the primary tasks of the National Integration Office is to prevent and combat

racism, xenophobia and ethnic discrimination. Several of the tasks with which the Government charged the National Integration Office in the spring of 2000 are directed at forms and methods for the continuing work in the area and make clear the Office’s strategic role in society’s combined efforts to combat racism and other forms of intolerance.

It is important to emphasise that the role of the National Integration Office is not to take over responsibility from the sector authorities. These will continue to be responsible for activities in their respective fields.

The aim of the tasks with which the National Integration Office was charged is to create a better basis on which to coordinate government measures; to lay the foundation for closer cooperation between different actors; and to ensure continuity in the work, and the effective dissemination of information and information exchange mechanisms. The development of a national knowledge bank on racism, xenophobia and ethnic discrimination is a central component in this work.

The National Integration Office has presented a report to the Government on how this task will be carried out. The knowledge bank will take the form of an independent website functioning as a portal through which knowledge and information can be sought. A knowledge counsellor will be appointed, whose tasks will include the regular updating of the bank. Work on the website has already begun. A broad public information campaign on the knowledge bank will be conducted in the autumn of 2001. The work will be evaluated in 2002.

It will be the duty of each sector authority to ensure that information about its respective sphere of responsibility is accessible through the knowledge bank. An important task for the National Integration Office is to be proactive with respect to other stakeholders in society - especially other government authorities - in order to ensure that they participate in and take responsibility for the work against racism etc.

It is important that the Government receives regular reports on developments concerning racism, xenophobia and ethnic discrimination which can provide the basis for needs assessments for further measures in the area. The National Integration Office will therefore report regularly to the Government on the results of the Office’s evaluations. The work of building up the national knowledge bank and of conducting consultations and dialogues with NGOs and others should provide the Office with a good overview and important information.

5.11¶The needs of stakeholders in the future work against racism, xenophobia and homophobia

The work of combating and preventing racism, xenophobia, homophobia and discrimination is performed, and must be performed, through a number of different measures at all levels and in different sectors of society. Different expressions of racism, xenophobia and homophobia must be identified and countered by appropriate means.

In order for society’s combined measures in the area to be comprehensive and therefore effective it is necessary for the state to act to meet a number of urgent needs. These include research and data collection, education and training, the dissemination of information, documentation – not least of Internet activities - methodology, support to local work and the work of NGOs, opinion-building and international work and exchanges.

As has been demonstrated in the present document, several authorities have been charged with important tasks in the work against racism, xenophobia and ethnic discrimination. The National Integration Office plays an important coordinating role in this context, not least with respect to channelling knowledge, experience and information. As a follow-up to the task assigned to it by the Government in the spring of 2000, the National Integration Office is currently in the process of development this work.

The Living History project has performed an important function in drawing attention to the Holocaust and the mechanisms behind different types of extremist expression even in modern Sweden, as well as disseminating knowledge about ways in which the Holocaust can be used as a starting-point in schools for discussions on human worth, democracy and tolerance. The creation of a Forum for Living History (see section 5.2.3) is a further process of considerable importance for future work against racism, xenophobia and anti- Semitism.

The Government intends to take up the issue of ultimate responsibility for monitoring work to combat homophobia when it studies the recommendations of the organisational committee on the direction of the National Institute of Public Health’s future operations, etc.

The Government does not rule out the possibility of a need for change with respect to central actors in the future work against racism, xenophobia and homophobia. However, this cannot be worked out in more detail at present. The Government believes that it is necessary to first wait and see what form and direction the Forum for Living History will take, and the extent to which other actors meet existing urgent needs in order for the work against racism, xenophobia and homophobia to be as effective as possible.

Ministry of Industry, Employment and Communications

Extract from the minutes of the Cabinet Meeting held on 7 February 2001. Those present: Ministers Lena Hjelm-Wallén (Chair), Winberg, Sahlin, Klingvall, Engqvist, Wärnersson, Lövdén, Ringholm Secretary: Mona Sahlin, Minister __________________ The Government passes the Government Communication 2000/2001:59 ‘A national action plan to combat racism, xenophobia, homophobia and discrimination’.