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http://eunheui.cocolog-nifty.com/blog/2007/04/post_d26f.html
EUが人種差別や他民族排斥を扇動するような言動を犯罪として扱う法案に合意した（Deutsche Welle の "EU Agrees on Penalties for Racism and Xenophobia"、
http://www.dw-world.de/dw/article/0,,2448807,00.html?maca=en-rss-en-top-1022-rdf
インターナショナル・ヘラルド・トリビューンの "EU adopts measure outlawing Holocaust denial"
http://www.iht.com/articles/2007/04/19/news/eu.php
など）。
この法案は、人種、肌の色、宗教、出自、民族などに基づいて集団や個人に向けられた暴力や憎悪を煽る意図的な行動に対して1年以上3年以下の懲役を科すというもので、ジェノサイド、人道に対する罪、戦争犯罪を否定したり著しく矮小化したりした場合にも適用される。
各国の国内法が優先するとされているほか、扇動等の定義も各国に委ねられており、言論の自由との兼ね合いの判断も各国の法制に基づいて行なわれることになるので、EU全体で法制化されても、おおむね象徴的な意味合いしか持たないのかもしれない。
法制化の議論は2001年から続けられてきたが、ラトビアなどバルト3国がスターリンによる粛清もジェノサイドとして扱うよう求めたため、合意が遅れていたと書かれている。今回、全会一致で承認された法案は、戦争犯罪等については国際法廷で認められたもののみを対象としている。
法律によって差別が根絶できるとは私は思わないが、差別や偏見を煽ったり戦争犯罪を否定しながら「悪いことをしている」という自覚が全くない人への意識喚起にはなるのかもしれない。日本でもこういう法律があるといいなと思うけれど、首相からして戦争犯罪に無反省な人なので、それはヨーロッパ27か国が合意するよりもあり得ないことなのだろう。
ドイツの裁判所は戦争犯罪等について普遍的管轄権を認めている（国外での犯罪にも司法権が及ぶと考えている）ので、この法律ができると、理論的には、日本の悪質なブログや安倍首相の発言もドイツで提訴できるようになるのではないかと思う。胸に手を当てて、心当たりのある人は、私がドイツ語を勉強して告発状を書くのを、気長に、首を洗って待つがよい。
http://www.dw-world.de/dw/article/0,,2448807,00.html?maca=en-rss-en-top-1022-rdf
EU Agrees on Penalties for Racism and Xenophobia
The European Union Thursday agreed on new rules to criminalize racism and xenophobia in the bloc, but said that the long-debated measures were mainly of symbolic nature.
"Racism and xenophobia can only be combatted effectively inside society," German Justice Minister Brigitte Zypries told reporters after a meeting with her counterparts in Luxembourg.
"Criminal measures can only be supplementary, they can never be sufficient in combatting racism and xenophobia in itself," said Zypries whose country currently holds the rotating EU presidency.
Zypries said that the agreed piece of EU legislation, which is not legally binding for the bloc's members, was an "important political signal" for the 27-nation union.
Under the new rules, EU countries would set jail terms of at least one to three years for "publicly inciting to violence or hatred ... directed against a group of persons or a member of such a group defined by reference to race, color, religion, descent or national or ethnic origin."
No minimum fines
However, the legislation does not set any minimum fines.
The agreement doesn't specify what constitutes incitement to violenceBildunterschrift: Großansicht des Bildes mit der Bildunterschrift: The agreement doesn't specify what constitutes incitement to violence
It also leaves up to national courts to define what exactly constitutes incitement to violence or hatred.
There will also be no Europe-wide ban on the use of Nazi symbols.
Raising awareness
Frattini said that the new rules would fully respect the freedom of expression.
"We are punishing concrete action, not any ideas, we are punishing incitement to hatred in a concrete way or encouraging other people to take concrete (xenophobic) action," Frattini said.
He said that the European Commission, the EU's executive arm, would try to raise awareness for the Stalinist atrocities by organizing public debates "on the horrible crimes of the last century, ... Nazi crimes, Stalinist crimes."
However, the events still needed parliamentary approval in seven EU countries.
Watered-down compromise
The EU's anti-racism rules -- debated since 2001 -- seemed at risk after Latvia, Lithuania and Estonia had demanded making illegal the condoning, denial or trivialization of crimes against humanity committed under the Soviet regime led by Joseph Stalin.
Other EU states were opposed to the Baltic demands, arguing that they did not legally recognize crimes committed under the Stalinist regime or define major Stalin atrocities as genocide.
Zypries said the EU did not intend to decide on history but wanted to create public awareness for crimes against humanity."We are punishing concrete action, not any ideas, we are punishing incitement to hatred in a concrete way or encouraging other people to take concrete (xenophobic) action," Frattini said.
He said that the European Commission, the EU's executive arm, would try to raise awareness for the Stalinist atrocities by organizing public debates "on the horrible crimes of the last century, ... Nazi crimes, Stalinist crimes."
However, the events still needed parliamentary approval in seven EU countries.
Watered-down compromise
The EU's anti-racism rules -- debated since 2001 -- seemed at risk after Latvia, Lithuania and Estonia had demanded making illegal the condoning, denial or trivialization of crimes against humanity committed under the Soviet regime led by Joseph Stalin.
Other EU states were opposed to the Baltic demands, arguing that they did not legally recognize crimes committed under the Stalinist regime or define major Stalin atrocities as genocide.
Zypries said the EU did not intend to decide on history but wanted to create public awareness for crimes against humanity.
Germany views a common EU law on combating racism and xenophobia as a moral obligation.
The new rules which would also make denying the Holocaust -- the mass killing of Jews by Nazis and Nazi supporters -- a crime in the EU if the statement incites to violence or hatred, do not cover denying the massacre of Armenians in World War I.
Turkey denies that the killing of up to one million Armenians constituted genocide, putting their deaths down to ethnic strife, disease and famine, and has prosecuted historians and journalists for calling it genocide.
Watchdogs criticize rules as weak
Under the rules, the denial of crimes of genocide, crimes against humanity and war crimes will be punishable in the EU if these crimes have been defined by international courts and if the statement incites to hatred or violence.
Laws against denying the Holocaust already exist in Austria, Belgium, France, Germany and Spain.
European racism watchdogs have said that the agreed text is "weak," adding that EU efforts were "without any substantial intent to provide strengthened protections for those who experience racist crime and violence in Europe."Germany views a common EU law on combating racism and xenophobia as a moral obligation.
The new rules which would also make denying the Holocaust -- the mass killing of Jews by Nazis and Nazi supporters -- a crime in the EU if the statement incites to violence or hatred, do not cover denying the massacre of Armenians in World War I.
Turkey denies that the killing of up to one million Armenians constituted genocide, putting their deaths down to ethnic strife, disease and famine, and has prosecuted historians and journalists for calling it genocide.
Watchdogs criticize rules as weak
Under the rules, the denial of crimes of genocide, crimes against humanity and war crimes will be punishable in the EU if these crimes have been defined by international courts and if the statement incites to hatred or violence.
Laws against denying the Holocaust already exist in Austria, Belgium, France, Germany and Spain.
European racism watchdogs have said that the agreed text is "weak," adding that EU efforts were "without any substantial intent to provide strengthened protections for those who experience racist crime and violence in Europe."
DW staff / dpa (ncy)
http://www.iht.com/articles/2007/04/19/news/eu.php
EU adopts measure outlawing Holocaust denial
By Dan Bilefsky
Published: April 19, 2007
BRUSSELS: The European Union approved legislation Thursday that would make denying the Holocaust punishable by jail sentences, but would also give countries across the 27-member bloc the option of not enforcing the law if such a prohibition did not exist in their own laws.
The draft law, which EU diplomats called a minimalist compromise, gained approval after six years of emotional negotiations, during which countries with vastly different legal cultures struggled to reconcile the protection of freedom of speech with protection of their citizens from racism and hate crimes.
The legislation calls for jail terms of as much as three years for "intentional conduct" that incites violence or hatred against a person's "race, color, religion, descent or national or ethnic origin." The same punishment would apply to those who incite violence by "denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes."
EU officials said that the law was notable for what it omitted.
Fearing that the legislation could be hijacked by groups trying to right historical wrongs, a majority of EU countries rejected a demand by the formerly communist Baltic countries that the law criminalize the denial of atrocities committed by Stalin during Soviet times. As a political gesture, however, Franco Frattini, the EU's justice commissioner, said the EU would organize public hearings on the "horrible crimes" of the Stalin era in the coming months.
The scope of the law also does not cover other historical events, like the massacre of Armenians during the First World War by Ottoman Turks, which Armenians call a genocide. Instead, the legislation recognized only genocides that fall under the statutes of the International Criminal Court in The Hague, like the mass killing of Jews during World War II and the massacre in Rwanda in 1994.
There will be no Europe-wide ban on the use of Nazi symbols, one of the original intentions of the law's drafters, which gained force two years ago after the release of photographs of Prince Harry of Britain wearing a swastika armband at a costume party.
EU officials involved in the drafting of the law, which needed unanimous approval, said consensus had been achieved by allowing national laws to take precedence. Britain, Sweden and Denmark, which have particularly libertarian traditions, pressed for wording that would avoid criminalizing debates about the Holocaust and would ensure that films and plays about the Holocaust, like Roberto Benigni's award-winning "Life is Beautiful" and Mel Brooks's musical "The Producers," were not censored.
The legislation also states that individual countries' constitutional protections of freedom of speech would be upheld, meaning, for example, that publishing caricatures of the Prophet Muhammad in Denmark, where freedom of speech is enshrined in the Constitution, is permitted under the law.
Denmark and Britain also pressed successfully for a provision to ensure that attacks on religions are covered only when they are of a xenophobic or racist nature.
Anti-racism groups said the law had been watered down to the point of rendering it toothless. Michael Privot, spokesman for the European Network Against Racism, said, for example, that a person publishing a pamphlet denying the Holocaust could do so with impunity in Britain, while still facing prosecution in France. "We have ended up with a lowest common denominator law," he said.
Laws against denying the Holocaust exist in Austria, Belgium, France, Germany and Spain, and in many cases the national legislation goes much further than the new EU rules. In a recent high-profile case, the British historian David Irving spent 13 months in jail in Austria for challenging the Holocaust before being released in December.
Two years ago, Luxembourg tried to use its EU presidency to push through Europe-wide anti-racism legislation, but it was blocked by the center-right government then in power in Italy on the grounds that it threatened freedom of speech. The proposed law was considered too politically difficult to pass until it was taken up by Germany, current holder of the EU's rotating presidency, which has called it a historical obligation and a moral imperative.
Friso Roscam Abbing, spokesman for Frattini, the EU's justice commissioner, said it was inevitable that the bill be diluted, given the need to reconcile so many different political and legal cultures. But he added: "We still think it is useful and sends a strong political signal that there is no safe haven in Europe for racism, anti-Semitism or Islam-phobia."
But Muslim leaders accused the EU of having double standards, arguing that it protects established Christian religions and outlaws anti-Semitism while doing nothing to defend Muslims against defamation.
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