Fundamental Rights Platform’s Advisory Panel meeting report 19 - 20 November 2012 European Union Agency for Fundamental Rights (FRA), Vienna Participants Advisory Panel: FRA: Jamie Bolling Morten Kjaerum Dominika Bychawska-Siniarska Massimo Toschi Roger Kiska Gabriel Toggenburg Allan Leas Monika Laurinaviciute- Evelyne Paradis Catherine Lynch Elisabeta Kitanovic Maria Amor Estebanez Klaus Lörcher Ene Palmiste Sara Giménez Pia Tirronen Valerio De Divittis Kocmann Saverio Liguori Inês Albergaria 19 November 2012 Working dinner with the FRA Director 1. The FRA Director briefed the Advisory Panel (AP) on recent developments at the agency, namely the new FRA Management Board, the state-of-play regarding new Multiannual Framework (MAF) and the external evaluation. 2. The agency’s work and its cooperation with civil society were discussed. Special reference was made to the current economic crisis in the EU, austerity measures and its impact on Fundamental Rights (FR). 3. A meeting between the Director and Brussels-based FRP civil society organisations (CSOSs) working at both the European and international level was proposed, as the Director always meets civil society organisations during country visits. The same opportunity should be given to European and international level organisations as well as FRP organisations based in Belgium. In this context, the FRA, in consultation with Evelyne and Elizabeta will explore the best way to organise such a meeting, including the possibility for the FRA Director to be invited to one of the next ‘Human Rights and Democracy Network’ meetings. 20 November 2012 Review – recent developments 4. An informative session about recent activities of the FRP opened the day. An update was given on the state-of-play of the 3rd call for participating in the FRP, which was launched online last July. The applications are currently being assessed and by the end of November the first applicants will be informed of the Director’s decision. 5. The role of the AP in the assessment of applications was clarified, as defined in the Director’s decision on “Internal procedures for assessing applications”. When the Director’s decision is of rejecting the application, the Advisory Panel of the FRP will be consulted on the draft letter of rejection. On the basis of this consultation the Director will take its final autonomous decision. 6. In the context of the discussion about FRP participation, it was mentioned that Trade Unions have a special role as ‘social partner’ recognised by the EU Institutions. 7. AP members were also briefed about a draft paper on methods of cooperation between FRA and civil society organisations. The need to enhance this cooperation was stressed with special regard to facilitate a better and meaningful contact between FRA project managers and FRP participants. The FRP project team emphasised the role civil society plays in ensuring frontline knowledge, adding value to FRA’s work. The objective is to elaborate a living document concerning FRA cooperation with civil society organisations which would help to enhance cooperation and at the same time clarify expectations of CSOs. Where do you want the FRP to be in 2015? 8. Some initial ideas to kick off the discussion related to further developments of the FRP were provided by two members of the AP, Allan and Jamie. 9. In order to prioritise issues, all participants were requested to present suggestions for discussion related to each of the following dimensions of the FRP: a) cooperation FRA ↔ FRP, b) FRP ↔ FRP and c) FRP → national level. Working groups then exchanged views on the suggestions given to each dimension. The results of the discussions are summarised below: a) Cooperation FRA ↔FRP 10. Discussions focused on the project planning phase and follow-up actions of FRA outputs: 11. Regarding project planning, there is the need for the FRP to be engaged from the early stages of the process, in order to ensure that the FRP can provide good follow-up to the FRA’s findings; 12. The FRP can help FRA play a stronger role with EU Institutions. Opinions/reports issued by FRA can be a tool for civil society advocacy actions, at both EU and member state level. 13. As for the follow-up of FRA projects/activities with EU Institutions: 14. in order to ensure good impact of FRA opinions on FR policies, the FRP can support the monitoring of effective implementation of EU Directives and infringement procedures when needed – LITIGATION (also feeding FRA data findings); 15. FRP organisations could take action towards further Legal Opinions requests to the FRA, and related follow-up by EU Institutions. The FRA can highlight LEGISLATIVE problems and this can be followed-up by FRP. 16. POLICIES: FRA findings can assist the FRP to lobby the EC regarding the introduction of a FR dimension into policy. The Commission could be encouraged by the FRP to provide FRA with mandates regarding the implementation of its policy plans. 17. The FRP to facilitate the creation of civil society coalitions for campaigning towards litigation cases. In this sense a better use of FRA products for lobbying and advocacy is recommended. This could lead to a FRA- FRP ‘marketing’ dimension that would strengthen FR defense and visibility. 18. Having a structured dialogue and joint action with the Conference of international NGOs at the Council of Europe (CoE) to endorse international recognition of the FRP. 19. The FRA to disseminate its newsletters to FRP all. b) FRP ↔ FRP 20. It was emphasized that the FRP shall facilitate ‘connection’ among organisations where networking opportunities do not yet exist. FRA/FRP shall create the ‘spaces’ to facilitate such connection, for instance with the e-FRP. A concrete example was the promotion of non-classical ‘thematic’ connections, beyond ‘traditional’ clusters shaped around cross-cutting issues with focus on priorities and emerging challenges. A second example was mentioned about countries with significant FR challenges caused by the economic crisis (like the ‘PIIGS’ (Portugal, Ireland, Italy, Greece, Spain): where the communality of issues goes beyond belonging to the same geographical region. 21. It was proposed to create the opportunity for FRP organisations to present key Fundamental Rights priorities to EU Presidencies in the beginning of each mandate. In order to guarantee continuity, the entire Troika could be addressed. This will constitute a channel to address social rights as well. 22. National-level groups of FRP participants could also be a mean for raising FR voice in the agendas of Member States, especially EU Presidency 23. It was mentioned that the e-FRP could provide an important tool for FRP participants. In particular, the e-FRP Forums section could be used for the mentioned ‘cross-cutting’ emerging issues, for instance on hate crime. 24. With regard to the FRP meeting, it was suggested that non-classical thematic working groups, including cross-cutting issues could improve the debates. 25. It was reiterated the importance to bring together FRP organisations in FRP National Groups, including a group of Brussels-based organisations, welcoming the idea of having the Director meeting with them. In this connection, it was proposed to facilitate a meeting of ‘FRA associates’ at the National level (MB member, NLO, FRP, NHRBs, FRANET etc.). 26. It was mentioned the possibility to conduct an on-line survey with FRP participants asking them what they would like the FRP to provide to them. It was suggested that such consultation must be very well targeted. It was decided to further reflect on this proposal in the coming year. 27. It was discuss the possibility to produce an Annual Report on the FR situation in the EU drafted by FRP Participants. It was decided to further reflect on this proposal in the short future. 28. It was decided not to pursue for the time being the creation of FRP Geographical Groups. c) FRA → national level 29. To present the “Vienna Principles on the establishment of National Fundamental Rights Platforms” in 2013 – 20 years after the adoption of the “Paris Principles on the establishment of the National Institutions for the Promotion and Protection of Human Rights”. Such platforms could link the 28 civil societies to the EU level and, most importantly, create links to the national governmental structures, especially national parliaments (which, in turn, might be beneficial for the latter to exploit their “Lisbon potential” in the area of FR). 30. A first draft should be prepared by the FRA (by January 2013) and be sent to the AP for comments (by mid-February). Then it should be sent to all FRP organisations for comment (by mid-March) and afterwards, revised by FRA. The final version to be sent to FRP participants in advance and finally be adopted at the 6th FRP meeting. 31. FRP national groups could assist to better engage national stakeholders and to facilitate national legislation synchronisation in the field of FR. Addressing National Parliaments would increase the chance of cross-national legislation. 32. Facilitating an ‘early warning’ mechanism to assist crime victims can become a crucial activity for the FRP to be closer to EU citizens. This shall require an assessment through constant mapping at country level. 33. There is the need of enhancing FRP-FRP Communication through the e-FRP. 34. The values civil society organisations promote can increase FRA project quality. FRP Participants’ frontline knowledge and expertise needed to provide input into the design of FRA projects. Conceptualisation of the 6th Annual FRP meeting 35. The AP members were invited to provide suggestions on how to improve the 6th FRP meeting, particularly focusing on three questions below. Some initial ideas were provided by two members of the AP who volunteered to prepare some suggestions to kick of discussion (Dominika and Roger), followed by a tour de table to allow each participants to express a key suggestion for each of the three dimensions. a) How can we ensure that annual FRP meetings are useful and relevant for FRP participants as well as the FRA? 36. Less time for speeches, more time for discussions in panel debates, interaction with the audience; 37. Set some rules of engagement at the beginning of the meeting (e.g. questions and comments brief, respectful etc.); 38. Give the floor to civil society in the planning phase; 39. Information session on the role of the FRA and cooperation possibilities; 40. More opportunities to meet FRA staff in a less formal environment; 41. Very welcome that discussion on social rights is included in the agenda; 42. Presence of FRA staff in all the workshops; 43. Importance to have some key policy makers attending (i.e. Commissioner Reding) providing opportunities to CSOs to be heard; 44. Have small videos to launch the discussion for more lively debates; 45. FRP Youtube channel; 46. Video recording instead of live streaming; 47. Space for FRP organisations to publish show-case their posters; 48. Random reference groups – informal networking before the start of the meeting. b) How can we ensure variety and quality of workshops at the ‘Floor is yours’? 49. More guidelines (e.g. how long an introduction should take; best practices can also be helpful for the presenter); 50. Request presenters to submit one page description of their session; 51. The presenter to make self-evaluation (check list); 52. Five or six questions for debate already indicated by FRA. Priority should be to workshops on cross-cutting issues, include an innovative elements and/or are hosted in cooperation with other participants (not necessarily in their own ‘comfort zone’); 53. Priority given also to new organisations that have never taken the opportunity to host a session; 54. Produce a “small report” of the results of each session for concrete impact; 55. Award for the ‘best’ workshop. c) How can we extract concrete results from the meeting which could be presented to the FRA Management Board? 56. FRA to provide a template for the report with concrete questions; 57. AP members to use the time with the MB for bringing other issues, instead of Annual report and Annual Work Programme reports, which the MB already receives in writing: for instance providing a mid-term assessment of the AP highlighting needs of the FRP; 58. It was agreed to share summary of the AP meeting with MB. 59. Additionally, it was decided that at the 6th FRP meeting a speaking slot shall be included in the agenda for the AP to deliver a presentation on their activities ( nota bene it was not decided who of the AP will deliver the presentation). Revisiting FRP consultations: how, when and to what extent? 60. Some initial ideas were provided by two members of the AP who volunteered to prepare some suggestions to kick off the discussion (Evelyne and Elizabeta), followed by a tour de table to allow each participant to express a key suggestion for each of the following questions: a) How can we make the consultation process more effective and useful, both for FRA and FRP organisations? b) What are the best ways and channels for civil society organisations to provide input to FRA’s work? c) How can we further improve regular consultations on the FRA Annual Report and Annual Work Programme? 61. Evelyne and Elizabeta, rapporteurs of this session, suggested that an assessment on the FRP consultations should be made in order to clarify what needs to be evaluated – which challenges and open questions need to be addressed. 62. It was agreed that they will carry out a consultation with FRA staff and FRP organisations and by the beginning of 2013 concrete suggestions will be made in this regard. 63. The discussion that followed brought the following suggestions: As a way to increase the number of responses in the FRP consultations, participation in the consultations (Annual report and Annual Work Programme) could become mandatory for FRP organisations to put forward a candidate for the election of the AP. It was pointed out that it would be a problem for organisations like trade unions, whose mandate is not included in the MAF of the agency and therefore are more likely to respond less to consultations. It was mentioned that this would be more of a punitive measure than an incentive to participation. Further discussion is needed before making a final decision. 64. An important incentive, already happening, is the feedback given to organisations after the consultation. It is important for the respondents to know how their input is used. The fact that there are many and varied answers, with different kinds of input, do not facilitate this purpose. There must be limitations to this exercise. In some cases it is possible to return feedback individually, in others not. Further brainstorming on how this should be done is needed. 65. Proper planning of consultation periods and timely ‘save the date’ for FRP participants would help to reserve time for feedback; 66. Official letters sent to organisations requesting their input for a consultation are often taken more seriously than email invitations; 67. Commitment to publish their input online could be another incentive to take part in a consultation. AP Modus Operandi a) Preparation of the AP activity report and self-evaluation: 68. Following previous agreement within the AP, Catherine with the support of Jamie will draft the AP activity report. It was suggested that it is important to keep regularly preparing it, avoiding waiting for the end of the term. 69. It was suggested that it would be useful to have a mid-term evaluation which could be shared with: FRP participant organisations (by email) The Management Board (May 2013) Presented at the 6th FRP meeting and a speaking slot shall be included in the agenda (nota bene it was not decided whom of the AP will deliver the presentation) b) Preparation of the AP presentation to the Management Board: 70. It was agreed that Catherine will give the presentation on behalf of the FRP Advisory Panel to the Management Board in May 2013. 71. This report will have a focus on: a) the results and suggestions from the 6th FRP meeting; b) a mid-term assessment by the AP (including perception on the FRP and needs of FRP organisations); c) the summary of the FRP input on the consultation on the Annual Work Programme 2015 (tbc). 72. In order to provide an opportunity to all members of the AP to discuss the key results and suggestions generated from the 6th FRP meeting to be presented at the MB, it was decided to have a meeting of the AP right after the ending of the 6 th FPR meeting on 26 April 2013. c) How shall we organise the next AP elections? 73. Discussions were held on the possibility of having online voting for the next AP elections. There was no agreement on this proposal. On one hand it would allow for more participants to vote, namely those who have no means to be present at the annual meeting. On the other hand there are security concerns on the technical aspects. Furthermore, the annual meeting is the only time in the year FRP organisations come together and those participating demonstrate commitment towards the FRP, and it would lose the momentum if participants don’t need to be present to vote. 74. The possibility of allowing delegation of votes was also discussed and concerns were raised about the risk of this system, bringing difficulties in organising the elections. 75. Another question that did not generate consensus was the one of allowing organisations to put forward a candidate, after having put forward a candidate who became an AP member that reached the term of two mandates. The regulation does not prohibit that possibility. Further discussion is needed. 76. As mentioned during the session on the FRP Consultations, the proposal for making the responses to consultations mandatory for FRP organisations to a) put forward a candidate for the election of the AP and b) receive funding for the flight to participate in the FRP annual meeting; did not reach consensus and it was decided to further discuss it before making a final decision. d) Submission to the FRA Management Board of the summary of comments and suggestions by FRP consultation on FRA Annual Report 77. It was agreed that the summary of this AP meeting shall be sent to the Management Board as background documentation for their meeting in December 2012. 78. It was also discussed how to best organise the submission to the Management Board of the summary of the results on the Annual Report consultation: it was agreed that the summary prepared by the FRA will be shared with the AP for comments and suggestions and then submitted to the MB. Conclusions and follow-up actions 79. In the presence of the Director of the FRA a tour de table gave an opportunity to all participants to express their impressions on the meeting. It was emphasised the collaborative spirit of this Advisory Panel in cooperating with the agency in bringing the FRP to a new phase was recognised. Appreciation was expressed for the engaging preparation and methodologies used throughout the meeting that allowed for a lot of input on the various topics discussed; and the specific issues covered were considered to have been well chosen. 80. The meeting terminated with final remarks by the FRA Director, who will consider the suggestions put forward. He highlighted the importance of cooperation with civil society for the work of the agency and expressed appreciation for the valuable input given by all members during the discussions and the engagement of all participants in the meeting. 81. Follow-up actions: Advisory Panel: Preparation of a mid-term activity report and self-assessment; Presentation to the MB; Consultation with FRA staff and FRP organisations (by the beginning of 2013 concrete suggestions will be made) for the assessment on the FRP consultations. FRA: Draft AP meeting report in consultation with AP to be submitted to MB and circulated to FRP; Briefing to the Director on key results and suggestions of the FRP AP meeting; “Vienna Principles” first draft to be prepared by the FRA (by January 2013) and be sent to the AP for comments (by mid-February). Then, sent to all FRP organisations for comment (by mid-March) and afterwards, revised by FRA. The final version to be sent to FRP participants in advance and finally be adopted at the 6th FRP meeting; Dissemination of the weekly InFRA to all FRP participant organisations. FRA and AP Submission to MB summary of input by FRP on Annual Report; Organisation participants. of meeting with FRA Director and Brussels-based FRP