RED Network

Yes. National law covers all grounds of discrimination as in ICERD.

Qualitative Info

The International Convention on the Elimination of All Forms of Racial Discrimination was signed by Portugal and transposed to national legislation by law n.7/82 dated from the 29th April 1982.

External Url http://www.cicdr.pt/images/stories/pdfs/convencao_eliminacao_discriminacao.pdf

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Yes

Qualitative Info

Council Directive No. 2000/43/EC was transposed into the Portuguese juridical framework by means of Law No. 99/2003, dated 27 August, and Law No. 18/2004 dated 1 May.

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Yes, national law covers all grounds of discrimination as in the International Conventions and EU law.

Qualitative Info

Article 13 of the Constitution prohibits discrimination on the grounds of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social condition or sexual orientation. Article 26(1) refers to the right to protection against any form of discrimination. Laws, case law and commentaries do not contain considerations such as whether an ethnic group is homogeneous. According to Portuguese rules of law the interpretation of race can be understood as including ethnic origin. Furthermore, Article 26(1) forbids any form of discrimination.

Article 71(1) of the Constitution refers to the equality of treatment of people with disabilities.

The prohibition of discrimination on the grounds of sexual orientation was introduced by Constitutional Law 1/2004 of 24 July 2004 (Lei de Revisão Constitucional no 1/2004). This addendum to Article 13 was a direct consequence of Community law.

Article 24(1) of the Labour Code (Law n. 7/2009 of 12 May 2009) prohibits discrimination on the grounds of ancestry, age, sex, sexual orientation, civil status, family situation, genetic patrimony, reduced capacity to work, disability or chronic disease, nationality, ethnic origin, religion, political or ideological convictions and membership of a trade union.

Law 134/99 prohibits discrimination on the grounds of race, colour, nationality and ethnic origin, but does not cover sex discrimination. 

Law 18/2004 protects against discrimination on the grounds of race and ethnic origin in general (Article 3(2)).

Law 46/2006 of 28 August 2006 prohibits and punishes discrimination based on disability, and on aggravated risk to health. Article 1(2) of this law states: ‘The provisions of this law are also applicable not only to disability but also to discrimination against persons on the ground of existence of an aggravated risk to their health.

 

Law 3/2011 forbids any discrimination in access to and exercise of self-employment (Articles 3(1) and 5).

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Source:

• European Network of Legal Experts in the Non-discrimination Field, 08.11.2012, Portugal 2011 – Country report on measures to combat discrimination, http://www.non-discrimination.net/content/media/2011-PT-%20Country%20Report%20LN_final.pdf, Accessed 22.01.2013.

 

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Yes, there is legislation against racist and hate crime

Qualitative Info

Although the Council Framework Decision 2008/913/JHA has not been yet transposed to Portuguese Law, the Penal Code contains a number of dispositions which are very close to the demands of the Framework Decision. The Penal Code punishes with jail the offence of racial discrimination, including under this heading the founding, organization, and financial support of activities of propaganda and incitement to racial and xenophobic hate. Verbal insult is also punishable with prison. The Portuguese Penal Code covers a wider range of cases when compared to the Framework Decision, since it covers also discrimination on the grounds of sex and sexual orientation.

External Url http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_articulado.php?nid=109&tabela=leis

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No, there is no legal definition of racist-hate crime.

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No, there is no legal definition of hate speech.

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No, there are no legal definition of racist incident or racist violence.

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Yes, there is legislation prohibiting the establishment of organisations which promote racial discrimination. Membership of such orgaisations is treated as an offence under the law.

Qualitative Info

Article 240º of the Penal Code sanctions the crime of racial, religious and sexual discrimination. According to the first point of the article «founding or constituting an organization, or developing activities of organized propaganda inciting to discrimination, hate or violence against a person or group of persons on account of their race, colour, ethnic or national origin, religion, sex or sexual orientation, or encouraging it», as well as participating, assisting, or financing such activities or organizations, is punished with one to eight years of jail.

External Url http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_articulado.php?nid=109&tabela=leis

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No. there is no independent assessment of the impact of anti-racist legislation

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No, there is neither estimate nor evidence that hate crime cases or incidents are under-reported disproportionately in relation to other crimes. However the perception of NGO’s working in the field, such as SOS Racismo, is that hate crime cases are under-reported.

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There is no assessment on the adequacy of policing in terms of combating racist violence and hate crime effectively.

Qualitative Info

The 2007 police operations that resulted in the detention of thirty-five elements of the extreme right soon after the increase of their activities and the establishment of a Portuguese hammerskins chapter in Portugal make us believe that these groups are monitored by police authorities.

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There is no assessment on the effectiveness and adequacy of the judiciary combat of racist violence and hate crime.

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Yes, in the context of hate crime, racist motivation is treated as an aggravating circumstance.

Qualitative Info

The revision of the Penal Code through Law 59/2007 introduced discrimination as an aggravating factor for other crimes.
Racial, religious or political hate are considered aggravating grounds in the case of murder, according to Article 132º, 2, f) of the Penal Code, as well as motivation by the colour, ethnic or national origin, sex or sexual orientation of the victim. According to the law, aggravated murder means that the death « was produced in circumstances that are especially condemning or perverse », discrimination on the abovementioned grounds being one such circumstance, among others, listed in the law. In the case of aggravated murder, the offender can be punished with twelve to twenty-five years of jail .
Racial, religious, ethnic and national discrimination are also grounds of aggravation when it comes to physical assault. Article 145º of the Penal Code sets for the crime of physical assault the same grounds of aggravation as in the case of murder, listed above .

External Url http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_articulado.php?nid=109&tabela=leis

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Yes, there is.

Qualitative Info

There are legal provisions on racist motivation as an aggravating factor, but they have been rarely applied.

 

Under Article 132(2)(4) of the Criminal Code on homicide, motives based on hatred on grounds of race, religious or political convictions, or colour, ethnic origin or nationality, religion, gender or sexual orientation are regarded as aggravating circumstances, resulting in a more severe penalty. Such aggravating circumstances may also apply in cases of assault causing bodily harm under Article 146 of the Criminal Code.

 

There is no general rule stipulating that such motives constitute aggravating circumstances for all offences. This means that, for other offences, it is left to the courts to decide, on a case by case basis, whether racial motives constitute an aggravating circumstance.

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No, there are no specific sanctions.

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No, public servants in general have not been reported as being perpetrators of racist violence. However, police has been mentioned by NGO's and in ECRI country reports as responsible for violent and discriminatory conduct with Roma and African descent citizens.

Qualitative Info

In it's third report on Portugal it is stated that "ECRI is concerned that there continue to be complaints about racist and discriminatory conduct by the law enforcement agencies. Some of these complaints are submitted to the competent authorities, in particular the Commission for Equality and Combating Racial Discrimination (CICDR). For example, ECRI notes that in 2003, of the nine applications submitted to the CICDR relating to verbal or physical racist violence, seven involved members of the law enforcement agencies. In some cases, these complaints result in penalties but the majority are simply filed away for lack of evidence. More often, according to NGOs, those concerned, especially members of the Gypsy community, do not make a complaint." 

 

External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf

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Yes, there are political parties that express xenophobic discourse and promote an anti-migrant agenda.

Represented in government/parliament? Never

Qualitative Info

The Partido Nacional Renovador (PNR) [National Renovation Party] exists since 2000.

PNR has never seen one of its representatives elected so far and at any level. The party has been increasing the total number of electoral circles in which they present a candidate and it has by now a national dimension.

Their total turnout has been steadely increasing at each election in the past 10 years (more than 17,000 in parliamentary elections of 2011).

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Source:

 

• Comissão Nacional de Eleições, http://eleicoes.cne.pt/sel_eleicoes.cfm?m=raster, Accessed on: 26.01.2013

External Url http://www.pnr.pt

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Yes, there are parties that express xenophobic discourse and promote an anti-migrant agenda.

Qualitative Info

The Partido Nacional Renovador (PNR) [National Renovation Party] exists since 2000.

 

PNR has never seen one of its representatives elected so far and at any level. The party has been increasing the total number of electoral circles in which they present a candidate and it has by now a national dimension.

 

Their total turnout has also increased at each election (more than 17.000 in parliamentary elections of 2011).

 

There is no evidence that representatives of this party engage in violence although it is public known that some of its members are also affiliated with extreme-right groups like the Portugal Hammerskins. Hate speech is relatively common in this party’s communication. In public appearances of its representatives or in large outdoors their main motto is often: “kick migrants out of Portugal”.
 

External Url http://www.pnr.pt

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No, hate speech or racist discourse is not a wider phenomenon in the political sphere.

Qualitative Info

Racist and xenophobic discourse however and for some years now have been a more or less assumed presence in political discourse. It is not uncommon that while in pre-electoral period, representatives of the right-wing Partido Popular [Popular Party – Christian Democrats], presently in the government, expressed similar views. This Party has been arguing their opposition to the immigration policies, the false correlation between migrants and crime, and, more often, the alleged migrants and Roma abuses on social security benefits. Notwithstanding, it must be noted that the present economic crisis has not brought the racist and xenophobic discourses to the mainstream political parties.

External Url http://ww1.rtp.pt/noticias/index.php?article=65722&tm=&layout=121&visual=49

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Yes, there is nation-wide organisations that express racist or xenophobic sentiments and discourse. Others exist, but their activities are mostly restrained within Internet fora and social networks.

Organisations Portugal Hammerskin (PHS), Polícia Judiciária [Judiciary Police]

Qualitative Info

The dominant Portuguese skinhead organization, the Portugal Hammerskin (PHS) was established in Portugal in 2005. Much active in its first years making propaganda and disseminating its ideals, as well as promoting demonstrations and international meetings, most of these organisation’s activities came suddenly to an alt. The year 2007 was marked by an operation of the Polícia Judiciária [Judiciary Police] on ultra nationalists, skinheads and neo-nazi groups. It resulted in the detention of the most prominent members of the PHS, one of the arrested being its leader.

Since then and accessing the evolution of extreme-right activity through the reports of the Ministry of Home Affairs, fascist and nationalist organizations are less of a concern for the security forces now than they were some years ago. This may be due to the decreasing visibility of public political activity of extreme-right organizations – less public demonstrations, less public distribution of propaganda and less public campaigns.

However, there are still some grounds for concern, namely Internet propaganda and the growing participation of Portuguese groups in international meetings of the extreme-right.

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Sources:

• Ministério da Administração Interna, 09.04.2012, Relatório Anual de Segurança Interna 2011 (Anual report on National Security 2011), http://www.parlamento.pt/Fiscalizacao/Paginas/RelatoriosSegurancaInterna_XIIL.aspx, Accessed: 23.01.2013

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Yes, the national government has developed policies and programmes, although there isn't an action plan only specifficaly aimed at combating racism and related ideologies.

Qualitative Info

These policies and programmes aimed at combating racism and related ideologies in Portugal were implemented mainly through the Plano Nacional de Acção para a Inclusão (PNAI) [National Action Plan for Inclusion] - which presents the Portuguese national strategy in the area of poverty and social exclusion - and the Plano para a Integração de Imigrantes (PII) [Plan for Immigrant Integration].

Since its beginnings the Plano Nacional de Acção para a Inclusão (PNAI) [National Action Plan for Inclusion] has the immigrant population as one of its main target groups (toghether with people with disabilities, children and older people). The third edition of PNAI (2006-2008) addressed immigration and disabilities through the lens of gender perspective and multiple discrimination. The third edition of PNAI (2008-2010) added also ethnic minorities as a target group.

The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] adopted several measures accross various policy areas, including the integration of immigrants in culture, language, employment, professional training, housing and combating racism and discrimination.

For the I Plan for Immigrant Integration (2007-2009) the "Racism and Discrimination" area of intervention included six main measures (pp. 30-31):

- Effective equal opportunities of employment, to combat all forms of ethnic discrimination;
- To combat discrimination and racism in access to housing;
- Publicising and training in the fight against racism and racial discrimination;
- To extend the scope of the Immigation Observatory in studies on discrimination in school and in the areas of housing and the job market;
- To encourage aid for victims of acts of racism and discrimination;
- Legislative alterations to extend the capacity of intervention by the Commission for Equality and Against Racial Discrimination.

The "Sport" area of intervention included also a measure aimed at combating racism and discrimination: "To overcome and eliminate discrimination and racism in sport" (p. 26). Accordind to the final evaluation report of the I Plan for Immigrant Integration around 50%-59% of the measures of the "Racism and Discrimination" area of intervention were implemented (p. 85).

The II Plan covering the period 2010-2013 added two new areas of intervention: promotion of diversity and intercultural dialogue; elderly immigrants. It includes 90 measures distributed accross 17 main areas of intervention. The "Racism and Discrimination" area of intervention includes four main measures (pp. 31-32):

- Legislative changes to reinforce the intervention capacity of the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination] - on regulatory offences for the practice of discrimination according to nationality or ethnic origin, to make processes more efficient by making mediation part of the legal process, establishing deadlines for examintion phases and simplifying procedures;
- Awareness and training for combating racial discrimination - through the CICDR website, reinforcement the training of non-governmental organisations and immigrant associations in combating racism and discrimination;
- Combating racial discrimination in sport - through the dissemination of messages on combating racism and promoting intercultural diversity in sporting events, in articulation with the respective sporting federations;
- Breakdown of statistical data - by collecting and processing statistical data on racial discrimination, differentiated by gender, on the basis of regulatory  offences for general discrimination in employment.

 

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Sources

ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 13.12.2011.

ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 13.12.2011.

ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 13.12.2011.

PNAI, Plano Nacional de Acção para a Inclusão, http://www.pnai.pt, Date of access: 13.12.2011.

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Yes, there are some measures and programmes aimed at combating racism and related ideologies developed by local/regional governance, mainly in articulation with the national government.

Qualitative Info

The Plano Nacional de Acção para a Inclusão (PNAI) [National Action Plan for Inclusion] presents the Portuguese national strategy in the area of poverty and social exclusion and adopts measures of local policy in articulation with the national level of intervention, having immigrants and ethnic minorites as main target groups (toghether with people with disabilities, children and older people). This Plan includes the Programa Rede Social [Social Network Programme], Contratos Locais de Desenvolvimento Social [Social Development Local Contracts] and Iniciativa Bairros Críticos [Critical Neighbourhoods Initiative].

Both Plano Nacional de Acção para a Inclusão (PNAI) [National Action Plan for Inclusion] and the Plano para a Integração de Imigrantes (PII) [Plan for Immigrant Integration] refer the role of Programa Escolhas [Choices Programme] as a tool for immigrant descendants integration. The Choices is a nationwide programme created in 2001 operating under the Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] which aims to promote social inclusion of children and young people from vulnerable socio-economic backgrounds, particularly the descendants of immigrants and ethnic minorities. Since 2004 this programme is based on locally planned projects implemented by local institutions. Although the Choices Programme isn't specifficaly aimed at combating racism and related ideologies, it aims at combating the territorial segregation and promoting the empowerment of children, youth and communities through the deconstruction of stereotypes and prejudices.

One example of a local governance initiative is the Conselho Municipal das Minorias Étnicas [Municipal Council of Ethnic Minorities], a consultative organ created through Deliberation 455/AM/93 of 22 March 1993 of the Lisbon Town Hall. A new general regulation and assignment of the Municipal Council was approved through Deliberation 1059/CM/2008 and Deliberation 3/AM/2009, being now named Conselho Municipal para a Interculturalidade e a Cidadania [Municipal Council for Interculturality and Citizenship]. Several anti-racism organisations - including SOS Racismo, Olho Vivo, Solidariedade Imigrante - belong to this council, among immigrant associations, religious communities, refugee support organisations and other organisations. Combating racism and xenophobia, promoting intercultural dialogue, integration, citizenship and participation of imigrant communities and ethnic minorities in local political decisions are some of the main aims of this local council.
 

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Sources
 

ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 13.12.2011.

ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 13.12.2011.

ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 13.12.2011.

PNAI, Plano Nacional de Acção para a Inclusão, http://www.pnai.pt, Date of access: 13.12.2011.

Programa Escolhas, http://www.programaescolhas.pt, Date of access: 13.12.2011.

Conselho Municipal para a Interculturalidade e a Cidadania, http://www.cm-lisboa.pt/?idc=312&idi=43135, Date of access: 13.12.2011.

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Yes, there are non-governmental organisations whose principal objectives relate to combating racism and racist activity.

Qualitative Info

Two non-governmental organisations assume the combating of racism and racist activity as the principal objective of intervention:

SOS Racismo [SOS Racism], http://www.sosracismo.pt
Frente Anti-Racista [Anti-racist Front], http://www.frenteantiracista.pt

But other non-governmental organisations are also active in the defence and support of victims of racism and discrimination and include the combat of racism as one of the main objectives:

Associação Portuguesa de Apoio à Vítima (APAV) [Portuguese Victim Support Association], which includes the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial e Étnica (UAVIDRE) [Unit for the Support to Immigrant Victims and Victims of Racial and Ethnic Discrimination], http://www.apav.pt
Solidariedade Imigrante - Associação para a Defesa dos Direitos dos Imigrantes [Immigrant Solidarity - Association for the Defence of Immigrants' Rights], http://www.solimigrante.org
Associação Olho Vivo [Alive Eye Association], http://www.olho-vivo.org

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Two non-governmental organisations assume the combating of racism and racist activity as the principal objective of intervention: SOS Racismo [SOS Racism] and Frente Anti-Racista [Anti-Racist Front]. But other non-governmental organisations are also active in the defence and support of victims of racism and discrimination and include the combat of racism as one of the main objectives.

Qualitative Info

SOS Racismo [SOS Racism], http://www.sosracismo.pt

With a pioneering role in addressing the problem of racism in Portuguese society, SOS Racismo is perhaps the anti-racist organisation best known for its presence in the Portuguese public sphere. The creation of SOS Racismo was prompted by several violent attacks by extreme-right groups in the late 80' and early 1990, which led the group of people who was to found SOS Racismo to take a stand and react against what was perceived as a threat. SOS Racismo was founded in 1990, formally constituted in 1993 and legally recognised as a non-profit association. In 1996, following a petition to the government, its statute as Pessoa Colectiva de Utilidade Pública [Collective Person of Public Utility] was recognised.



SOS Racismo is commited to the fight against racism and xenophobia and to the defence of the rights of immigrants and ethnic minorities. Its primary areas of intervention are juridical support, education, intervention and debates in schools, public denunciation of acts of racism and xenophobia. In the past SOS Racism had delegations in 12 different cities, presently SOS Racismo has a head office in Lisbon and a delegation in Oporto, two of the main Portuguese cities.


Frente Anti-Racista (FAR) [Anti-Racist Front], http://www.frenteantiracista.pt

The Frente Anti-Racista was created in 1994 and legally recognised as a non-profit association, with the commitment to defend immigrants rights and combat racism and xenophobia. Its primary areas of intervention are public sentitization about living conditions of immigrants, contact with youth and schools, public denunciation and combating racism and xenophobia. FAR has a head office in Lisbon and is organised with volunteers and associates[2].

Associação Portuguesa de Apoio à Vítima (APAV) [Portuguese Victim Support Association], http://www.apav.pt

The Associação Portuguesa de Apoio à Vítima (APAV) is a voluntary non-profit charitable organisation, legally recognised as a Instituição Particular de Solidariedade Social (IPSS) [Private Charitable Institution] under the status of Pessoa Colectiva de Utilidade Pública [Collective Person of Public Utility]. Founded in 1990, APAV initiated its activities within the context of a growing awareness of crime victims’ rights and of the establishment of legal procedural instruments, both on a national and international level, geared towards protecting and supporting victims.



APAV established itself as a nation-wide association which, according to its statutes, has as its main goal to foster and contribute to providing information, protection and support to victims of criminal offences confidentially and free of charge. Alongside its mission of providing support and assistance, APAV carries out training and further education activities in the field of victim support, promotes research work and information campaigns through national and international projects, shares knowledge and good practices with European and International organisations and carries out public awareness campaigns.



APAV includes a head office in Lisbon, a national network of fifteen Victim Support Offices, a network of shelter-houses for women and children who have been the victims of domestic violence and launched in May 2005 the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial ou Étnica (UAVIDRE) [Unit for the Support of Immigrant Victims and Victims of Racial and Ethnic Discrimination]. The  UAVIDRE network is present in the Lisbon head office, in the Unidade de Apoio à Vítima Migrante e de Discriminação dos Açores (UAVMD) [Unit for the Support of Migrant Victims and Victims of Discrimination of Azores] and in the Centro Local de Apoio à Integração de Imigrantes de Vila Real (CLAII) [Local Support Centre for Immigrants Integration in Vila Real].



Solidariedade Imigrante - Associação para a Defesa dos Direitos dos Imigrantes (SOLIM) [Immigrant Solidarity - Association for the Defence of Immigrants' Rights], http://www.solimigrante.org

Solidariedade Imigrante is a non-profit nationwide immigrant association founded in 2001, with juridical personality, recognised by the High Commission for Immigration and Intercultural Dialogue [ACIDI). Its main objective is the defence of immigrants rights through their empowerment and the promotion of a demanding citizenship, having as main areas of intervention: to draw the immigrant communities into actions that help to create an active citizenship’s conscience and a feeling of belonging, promoting their participation and organisation in several activities, with autonomy and responsibility; to promote the social and labour insertion of immigrant’s  and their descendents; to fight racism and xenophobia, and to promote interculturality and diversity; to promote the knowledge, among the Portuguese society, of the reality of immigration in Portugal, sensitizing it in a perspective of human rights, equality of opportunities and social justice.



Solidariedade Imigrante has a head office in Lisbon and a network of four delegations: two in the Lisbon region and other two in the South of Portugal.



Associação Olho Vivo [Alive Eye Association], http://www.olho-vivo.org

Olho Vivo is a non-profit nationwide non-governmental organisation founded in 1998 with an intervention in the defence of the Patrimony, Environment and Human Rights. In 1998 Olho Vivo adhered to the European Network Against Racism and is co-founder of the Anti-Racist Network in Portugal.



Olho Vivo has a head office in Queluz (Sintra) and two other Gabinetes de Apoio à Cidadania [Support to Citizenship Cabinets] in Oporto and Braga (North of Portugal) which provide support to victims of racism and xenophobia among victims of other offences.
 

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Sources
 

Dias, B., Freitas, I., Ralha, T. and Silva, E. (2005), Special Study - Organisations Supporting Victims of Racial Discrimination in Portugal, Vienna: European Monitoring  Centre on Racism and Xenophobia (EUMC).

Organisations homepages

Associação Olho Vivo [Alive Eye Association], http://www.olho-vivo.org, Accessed on 20.02.2012.


Associação Portuguesa de Apoio à Vítima (APAV) [Portuguese Victim Support Association], http://www.apav.pt, Accessed on 20.02.2012.

Frente Anti-Racista (FAR) [Anti-racist Front], http://www.frenteantiracista.pt, Accessed on 20.02.2012.


Solidariedade Imigrante - Associação para a Defesa dos Direitos dos Imigrantes (SOLIM) [Immigrant Solidarity - Association for the Defence of Immigrants' Rights], http://www.solimigrante.org, Accessed on 20.02.2012.


SOS Racismo [SOS Racism], http://www.sosracismo.pt, Accessed on 20.02.2012.

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Anti-racist and anti-discrimination organisations have an impact on anti-racist policies in Portugal through public denunciation, but mainly through participation and consultation in equality commissions.

Qualitative Info

This participation is developed mainly under the Comissão para a Igualdade e Contra da Discriminação Racial (CIDCR) [Commission for Equality and Against Racial Discrimination] and the Conselho Consultivo para os Assuntos da Imigração (COCAI) [Consultative Comittee for Immigration Affairs], which include members from immigrant associations, anti-racist organisations and organisations for the defence of human rights.

For instance, the first and second Plans for Immigrant Integration (2007-2009 and 2010-2013), which include a "Racism and Discrimination" area of intervention, are examples of an instrument for global orientation of public policies that must be compiled on the basis of joint contributions from all ministries as well contributions and proposals from civil society, namely members of the Consultative Comittee for Immigration Affairs (COCAI) and of the Commission for Equality and Against Racial Discrimination (CICDR) .
 

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Sources

ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 20.12.2011.

ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 20.12.2011.

CIDCR, http://www.cicdr.pt, Date of access: 20.12.2011.

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Yes, anti-racist, anti-discrimination and victim group organisations participate in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and policies.

Qualitative Info

This participation is developed mainly under the Comissão para a Igualdade e Contra da Discriminação Racial (CIDCR) [Commission for Equality and Against Racial Discrimination] and the Conselho Consultivo para os Assuntos da Imigração (COCAI) [Consultative Comittee for Immigration Affairs].

The Commission for Equality and Against Racial Discrimination is composed by the following members:

• the chair, High Commissioner for Immigration and Intercultural Dialogue (ACIDI)
• two members elected by the Portuguese Parliament;
• one member appointed by the Ministry of Labour and Social Solidarity;
• one member appointed by the Ministry of Education;
• two members from immigrant associations;
• two members from anti-racist associations;
• two members from trade unions;
• two members from employers’ associations;
• two members from associations for the defence of human rights and
• three persons to be designated by the other members.

For instance, the first and second Plans for Immigrant Integration (2007-2009 and 2010-2013), which include a "Racism and Discrimination" area of intervention, are examples of an instrument for global orientation of public policies that must be compiled on the basis of joint contributions from all ministries as well contributions and proposals from civil society, namely immigrant associations, members of the Consultative Comittee for Immigration Affairs (COCAI) and of the Commission for Equality and Against Racial Discrimination (CICDR) .
 

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Sources

ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 20.12.2011.

ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 20.12.2011.

CIDCR, http://www.cicdr.pt, Date of access: 20.12.2011.

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Yes, there are non-governmental organisations providing legal and juridical support to victims of racist and ethnic discrimination.

Qualitative Info

The Portuguese Law 18/2004, which transposes the 2000/43/EC Directive, allows for the associations to legally represent victims of discrimination. In its article 5, one can read: “The associations who, in accordance with their own statutes, aim to promote non-discrimination based on racial or ethnical grounds, have the legitimacy to intervene, either in support or on behalf of the complainant, with his approval, in their respective jurisdictional processes”. However, in cases of contra-ordenações [minor offences], these entities only have the right to make an accusation and to file a complaint with the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination].

Associação Portuguesa de Apoio à Vítima (APAV) [Portuguese Victim Support Association] is a nation-wide association which, according to its statutes, has as its main goal to foster and contribute to providing information, protection and support to victims of criminal offences confidentially and free of charge. APAV includes a national network of fifteen Victim Support Offices and launched in May 2005 the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial ou Étnica (UAVIDRE) [Unit for the Support of Immigrant Victims and Victims of Racial and Ethnic Discrimination], a special unit set up under a protocol with the Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue]. Among all the organisations operating in Portugal, UAVIDRE is perhaps the one that comes closest to an institution that was empowered to support victims of racial and ethnic discrimination, as defined by Directive 2000/43/EC. UAVIDRE provide social, psychological and legal assistance to victims of discrimination.

SOS Racismo [SOS Racism] is commited to the fight against racism and xenophobia and to the defence of the rights of immigrants and ethnic minorities. One of Its primary areas of intervention has been the juridical support and assistance to victims of racist and ethnic discrimination, although SOS Racismo also addresses other issues related to immigration.

Solidariedade Imigrante - Associação para a Defesa dos Direitos dos Imigrantes (SOLIM) [Immigrant Solidarity - Association for the Defense of Immigrants' Rights] is a nationwide immigrant association and its main purpose is the defence of immigrants rights through their empowerment and the promotion of a demanding citizenship. Although the fight against discrimination and the assistance to victims of racist and ethnic discrimination isn’t the main purpose and mission, it is one of the areas of intervention, including juridical support.

Associação Olho Vivo [Alive Eye Association] has a head office in Queluz (Sintra) and two other Gabinetes de Apoio à Cidadania [Support to Citizenship Cabinets] in Oporto and Braga (North of Portugal) which provide support to victims of racism and xenophobia among victims of other offences.
 

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Sources
 

Dias, B., Freitas, I., Ralha, T and Silva, E. (2005), Special Study - Organisations Supporting Victims of Racial Discrimination in Portugal, Viena: European Monitoring  Centre on Racism and Xenophobia (EUMC).

Organisations homepages:

Associação Olho Vivo [Alive Eye Association], http://www.olho-vivo.org, Date of access: 20.02.2012.

Associação Portuguesa de Apoio à Vítima (APAV) [Portuguese Victim Support Association], http://www.apav.pt, Date of access: 20.02.2012.

Solidariedade Imigrante - Associação para a Defesa dos Direitos dos Imigrantes (SOLIM) [Immigrant Solidarity - Association for the Defense of Immigrants' Rights], http://www.solimigrante.org, Date of access: 20.02.2012.

SOS Racismo [SOS Racism], http://www.sosracismo.pt, Date of access: 20.02.2012.

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Yes.

Qualitative Info

Courses in human rights are provided for law enforcement officers and prison staff. There is also a professional ethics module in the training given to the National Republican Guard (GNR) and the police (PSP – Public Security Police) in connection with immigrants and ethnic minorities, which contains information on racism and racial discrimination.

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No. There are no police professional associations that promote or endorse anti-migrant or anti-minority agendas or discourse.

Qualitative Info

Some years ago a responsible of one of the police professional associations expressed the opinion that recent trends on immigration from eastern European countries was directly linked to the emergence and increase of extreme violent criminality. NGO’s and migrant associations immediately criticized his statement. Police associations considered that his declarations were misinterpreted and promptly denied it.  Since then police structures have been extremely cautious about this and such correlation was not established again.

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Source:

• Público, 05.08.2006, http://publico.pt/sociedade/noticia/sindicalista-da-psp-acusa-ministerio-de-intimidacao-e-recusa-acusacoes-de-xenofobia-1256456, Date of access: 26.01.2013

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No, there is no legal definition or sanctioning of ethnic profiling.

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Yes, there is indication that the police force may engage in ethnic profiling.

Qualitative Info

Ethnic profiling by the police forces is an accusation made by some NGO's. They claim that ethnic minorities, especially those from African descent, frequently denounce this practice. In recent cases of disobedience at police stops that got media attention, testimonials collected by reporters pointed it out and this issue was discussed in media. Police representatives strongly refuted those accusations.

 

The results of the EU Midis survey in Portugal show that high rates (35%) of fairly or very disrespectful police treatment was experienced by Sub-Saharan Africans respondents, during their last stop.

External Url http://fra.europa.eu/fraWebsite/eu-midis/index_en.htm

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No, there is no evidence that the immigration services engage in ethnic profiling.

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Yes, there is evidence of significant disparities between the number of racist incidents and crimes reported by UAVIDRE [1] (the institution empowered by the state to support victims of racial and ethnic discrimination) and the numbers of racist incidents and crimes recorded by police authorities [2]. It is impossible however to produce a detailed figure of these differences since the data collected by these entities is not categorised the same way, making impossible direct comparisons.

Qualitative Info

Until a few years ago SOS Racismo [SOS Racism], the most important NGO combating racism and xenophobia in Portugal, claimed that racist incidents were clearly underreported, especially those implying Roma victims. Unfortunately sometime after the establishment of the Unidade de Apoio à Vítima Imigrante e de Discriminação Racial ou Étnica (UAVIDRE) [Unit for the Support to Immigrant Victims and Victims of Racial and Ethnic Discrimination] by the government in 2004 and as a result of it, SOS started allocating less resources to juridical support and stopped updating data on complaints.

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Sources:

 

1. UAVIDRE, http://apav.pt/apav_v2/images/pdf/Estatisticas_UAVIDRE_2011.pdf, Date of access: 23.01.2013
2. Direcção Geral da Política de Justiça, http://www.siej.dgpj.mj.pt/webeis/index.jsp?username=Publico&pgmWindowName=pgmWindow_634948004751647500, Date of access: 23.01.2013.
    

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No, there is no evidence that areas containing significant numbers of migrants and minorities are policed in different ways than others.

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No, no there is no evidence of police violence against migrants or minorities in custody.

Qualitative Info

Although no recent cases have come to public knowledge, accusations of police violence against minorities in custody were relatively common a decade ago and in a few cases strikingly evident.

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There is no information or evidence that migrants or minorities face disproportionate problems in accessing justice.

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Yes, there is evidence of foreigners differential sentencing.

Qualitative Info

The study A Criminalidade de Estrangeiros em Portugal: um estudo científico [The Criminality of Foreigners in Portugal: A Scientific Survey], dated from 2005 and the one that followed it in 2006 Reclusos Estrangeiros em Portugal: esteios de uma problematização [Foreign Prisoners in Portugal – An initial analysis], concluded that “in comparing the development of foreigners and Portuguese in penal cases of the first instance during the years 1997 to 2003 there is in fact an overrepresentation of the formers in all stages of the process (defendants, sentences, and sentenced to a term in prison).”

 

“It is possible to state that, in terms of restraint, custodial detention in prison is applied much more to foreigners than to Portuguese. Three reasons can be ascribed to this fact. Firstly, it is explicitly stated in the Penal Code that any suspect of a crime who is a foreign national who is in an irregular situation in the country should be held in custodial detention in prison, even if the level of crime does not warrant the force usually required by law. In the second place, there could be a greater involvement of foreigners in crimes with criminal sentences greater than three years which, added to the danger of flight, may lead to this type of decision. What is not explained by the previously given reasons can be interpreted as the existence of some kind of prejudice within the judicial machine that tends to penalise non-nationals more severely.”

“Through calculating the rates of guilty sentences, it is also the case here that foreigners have a greater probability of being found guilty than Portuguese. Here, besides the type of crime carried out and the possible prejudice of agents within the judicial system, a new factor comes into play: the weak quality of the officially provided legal defence. In analysing the sentences awarded following a conviction, we can verify that foreigners are more frequently sentenced to prison. […] We also verified that of the prison sentences given to foreigners, longer sentences predominate and that, with a notable frequency, the average length of prison terms awarded for the same type of crime are greater for foreigners.”

Almost identical conclusions were presented in the study Percursos Estrangeiros no Sistema de Justiça Penal [Foreign Pathways on Penal Justice System] dated from 2010. Here it is said that “discrimination is part of the explanation for the overrepresentation of foreigner residents in Portuguese detention system, although not being sufficient to explain the all magnitude of it.”

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No, trade unions do not engage in specific activities supporting or defending the rights of minority groups.

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Yes, trade unions engage in specific activities supporting or defending the rights of migrants groups.

Qualitative Info

The authors of the study Sindicatos e Imigração em Portugal [Trade Unions and Immigration in Portugal] published in the framework of the Observatório da Imigração [Immigration Observatory] verified that trade-unions in Portugal had an important role in shaping immigration policies, and developed a significant effort to help immigrant workers in the regularization of their situation. One of the main objectives of trade-unions has also been the development of anti-racist actions, a difficult task, not so much at the level of interpersonal relations, where they find little discrimination, but at the level of wage differences, professional status and recognition of skills. In general, trade-unions have never opposed the entry of immigrants and have provided support to their regularization, as well as defended their work rights. The approach of the unions towards immigrants is one of «Equal Treatment», with a discourse focused on equal rights in relation to national citizens, and not on a «Specific Treatment».

External Url http://www.oi.acidi.gov.pt/docs/Estudos_OI/OI_34.pdf

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Yes, there is some evidence.

Qualitative Info

According to some authors, social ethnic segregation is indeed a reality. In effect, analysing the segregation indexes for the main national groups living in the Lisbon Metropolitan Region some patterns can be underlined. Angolans, Santomese, and Guineas, present the higher scores for segregation. Segregation has been increasing progressively for some of the groups since the eighties, but in the nineties a noticeable reduction was registered among two of the most numerous foreign communities, Capeverdians and Brazilians. In a more recent paper and applying a different methodology to calculate the index, one of those authors claims that there is a generalised tendency to the reduction of segregation among the different nationality groups.

 

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Sources:

 

Malheiros, J. (1998) “Segregação socioétnica na região metropolitana de Lisboa” [Social Ethnic Segregation in the Lisbon Metropolitan Region], in Sociedade e Território 30

 

Fonseca, L et al. (2002) “Imigrants in Lisbon. Routes of integration” in: Centro de Estudos Geográficos, Estudos para o planeamento Regional e Urbano  56

 

Malheiros, J and Vala, F. (2005) “A problemática da segregação residencial de base étnica – questões conceptuais e limites à operacionalização: o caso da Área Metropolitana de Lisboa”, in: Revista de Estudos Geográficos, 36, pp. 89-109
 

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The ethnic origin of the highly segregated group is sub-Saharan Africa.

Qualitative Info

Source:

 

Malheiros, J and Vala, F. (2005) “A problemática da segregação residencial de base étnica – questões conceptuais e limites à operacionalização: o caso da Área Metropolitana de Lisboa”, in: Revista de Estudos Geográficos, 36, pp. 89-109

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Yes, there is evidence of significant levels of segregation between minority groups, specially Roma, and the majority population.

Qualitative Info

In 2006 the European Roma Rights Centre (ERRC) and Númena – Centro de Investigação em Ciências Sociais e Humanas [Numena – Research Centre in Human and Social Sciences] conducted a research project, aimed at evaluating the impact of public social services in the processes of social inclusion of the Roma and Traveller population. One of the main problems that are pointed in the report is the fact that the re-housing processes resulted many times in segregated neighborhoods, with substandard living conditions and furthermore that the settlements of re-housing are not adequately integrated in the urban fabric, in fact, they occur many times in areas far from the urban centre, with disregard for the question of accessibility, thus reinforcing the spatial segregation of Roma.

 

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Sources:

BEDARD, T. and OLOMOOFE, L. (2007) Social Inclusion Through Social Services: The Case of Roma and Travelers. Accessing the Impact of National Action Plans for Social Inclusion in Czech Republic, France and Portugal. Budapest: ERRC/Númena. Available at: http://www.errc.org/cikk.php?cikk=2737

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The highly segregated minority group in Portugal are Roma.

Qualitative Info

There is no quantitative data on the level of segregation of Roma, however some reports make evident the fact that Roma experience higher levels than any minority group. Besides being victims of stigma and prejudice from the majority population like other minority groups, Roma are much more likely than the others, to suffer discrimination by public authorities, especially local ones.

 

The 2002 report on Portugal of the European Commission Against Racism and Intolerance (ECRI) refers alleged cases of discrimination of local authorities against the location of Roma accommodation. In 2007 it still lamented that “some Gypsy communities live in the most basic encampments on the outskirts of towns, sometimes without any access to the essential services such as water and electricity”. Furthermore, allegations of discrimination against Roma by some local authorities persisted: some of the latter “have deliberately cut off access for Gypsy communities to water in order to intimidate and humiliate them into leaving”.

 

A report resulting from a public hearing made by the Assembleia da República [Portuguese Parliament] on the situation of the Portuguese Roma concluded that “the housing situation of the Roma community is very precarious and difficult to solve” and that there is widespread discrimination against Roma citizens: people are generally unwilling to have Roma citizens as neighbours, or to rent or sell them a house and it is usually difficult for Roma citizens to access to mortgages. As to re-housing process the report point to problems like the “concentration of Roma families in council estates, far away from the urban fabric, with poor transport accessibilities” and the “concentration of Roma families with other vulnerable groups”.

 

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Sources:

 

European Commission on Racism and Intolerance (2002), Second Report on Portugal

 

European Commission on Racism and Intolerance (2007), Second Report on Portugal

 

Assembleia da República (2009), Relatório das audições efectuadas sobre Portugueses Ciganos no âmbito do Ano Europeu para o Diálogo Intercultural, Comissão Parlamentar de Ética, Sociedade e Cultura, Sub-Comissão para a Igualdade de Oportunidades e Família, Assembleia da República. [Assembly of the Republic, Report on the public hearings held on Portuguese Roma within the scope of the European Year for Intercultural Dialogue, Parliamentary Commission of Ethics, Society and Culture, Sub-Commission for Equal Opportunities and Family]. Available at http://www.parlamento.pt/sites/COM/Paginas/DetalheNoticia.aspx?BID=2622

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Yes, there is evidence of denial of housing rights for certain ethnic groups.

Qualitative Info

Roma are the most affected group since they face severe discrimination when accessing housing in the market, but they also face prejudice and suspicion from local authorities and police authorities. They are frequently kept on the run from municipality to municipality and usual victims of the "not on my back yard" processes.

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There is some evidence of school segregation of migrants linked mainly with the housing segregation, which leads to urban areas of immigrants concentration both in neighbourhoods and schools.

Qualitative Info

The I Plano para a Integração de Imigrantes (PII, 2007-2009) [I Plan for Immigrant Integration] and the II Plano para a Integração de Imigrantes (PII, 2010-2013) [II Plan for Immigrant Integration] acknowledges this problem and adopted mesasures to combat the school segregation and concentration of migrants.

The I Plan for Immigrant Integration included a measure to revise the criteria of the school network to guarantee well balanced classes with regard to the distribution of students coming from the same groups/neighbourhoods as well as suggesting school boards to take into consideration the needs of schools to have a balanced “ethnic make up” in classes (p. 16).

The II Plan for Immigrant Integration covering the period 2010-2013 includes as measure: defining and implementing recommendations for the constitution of balanced school classes and bringing school strategies into line for the welcoming of foreign students and descendents of immigrants (p. 21).
 

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Source

ACIDI (2007), I Plan for Immigrant Integration (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+do+Plano+2007-2009+em+inglês+, Date of access: 26.01.2012.

ACIDI (2010), II Plan for Immigrant Integration (2010-2013), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Consulte+a+versão+da+Plano+2010-2013+em+Inglês, Date of access: 26.01.2012.

ACIDI, (2010), Relatório Final: I Plano para a Integração de Imigrantes (2007-2009), http://www.acidi.gov.pt/_cfn/4d346c9b80687/live/Conheça+o+Relatório+Final+do+PII+%282007-2009%29, Date  of access: 26.01.2012.

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Yes, there is some evidence of school segregation concerning Roma pupils.

Qualitative Info

The Third Report on Portugal published by the European Commission against Racism and Intolerance (ECRI) states that Roma communities still suffer from social exclusion and encounter difficulties in their dealings with the majority population, local authorities and law enforcement officials. Access to education is one of the identified problems.

The ECRI report refers to the problem of Roma children faced with hostile reactions from parents of non-Roma children who do not wish Roma children to join their own children’s classes. The report presents as an example an incident widely reported in the press of the transfer of ten Roma children from a school in Teivas to a school in Rebordinho at the start of the 2003 school year. The children were transferred apparently in response to pressure from non-Roma parents in the first school. Placards were put up in the new school stating “No to Roma”. Nonetheless, the school officials reported the incident to the police and, according to the Alto Comissariado para a Imigração e Diálogo Cultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue], the authorities did everything to ensure that the Roma children could attend their new school under acceptable conditions. The ECRI report also notes that according to non-governmental organisations and Roma representatives Roma culture is not yet sufficiently taught and promoted, especially in schools attended by Roma.

According to the report Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union (2009), more recently there was a case widely reported by the media of a class composed of Roma students. In March 2009 the board of a primary school in Barcelos was publicly accused of racial discrimination by the president of the local authority. The school had created a different class composed mainly of Roma children, aged between 9 and 19 years old (there were 17 Roma children in the class), who lived in a nearby Roma campsite. The Direcção Regional de Educação do Norte [Regional Board of Education of the North], which approved the creation of this class last year, qualified the practice as “positive discrimination”, a way to combat the risk of school early leaving and other assiduity problems and meet specific pedagogical needs. The claims of racism and racial discrimination by Roma organisations and SOS Racismo [SOS Racism] and the opposition parties demanded clarifications to the government. The Ministry of Education integrated the school in the governmental program Territórios Educativos de Intervenção Prioritária (TEIP) [Educational Areas of Priority interventions] as a form to improve their material and pedagogical conditions.
 

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Source

Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

ECRI (2007), Third Report on Portugal, Strasbourg: Council of Europe, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/PRT-CbC-III-2007-4-ENG.pdf, Date of access: 27.02.2012.

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No, there isn't evidence of forced healthcare/intervention practices to minorities.

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There is a scarce visibility of media professionals belonging to migrant and ethnic minority groups in the mainstream media.

Qualitative Info

There are no known incentives to increase the participation of persons belonging to minorities in the media, except for the media programmes produced by the Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue]: the television programme "Nós" [Us] and the radio programme "Gente como Nós" [People like us].

The Council of Europe campaign "Speak Out Against Discrimination" was launched in Lisbon on the 9th of June 2009, in the presence of the High Commissioner for Immigration and Intercultural Dialogue, with the objective of raising the awareness of public opinion against discrimination, specially anti-semitism, islamophobia and anti-Roma feelings. It also aims to enhance the visibility of the cultural diversity by supporting the access of minority groups to professional careers in the media.
 

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Source

ACIDI, Programa "Nós", http://www.acidi.gov.pt/banco-de-informacao/acidi-tv/noticias, Date of access: 24.02.2012.

ACIDI, Programa "Gente como Nós", http://www.acidi.gov.pt/banco-de-informacao/acidi-tv/noticias, Date of access: 24.02.2012.

Council of Europe, Speak Out Against Discrimination, http://www.coe.int/t/DG4/ANTI-DISCRIMINATION-CAMPAIGN/, Date of access: 24.02.2012.

Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

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There are studies developed under the Immigration Observatory on media images and representations of immigrants and ethnic minorities and on the role of the press and television in the creation of stereotypes. The High Commission for Immigration and Intercultural Dialogue and the Commission for Equality and Against Racial Discrimination made statements on hate speech incidents and media representations against migrants and minorities.

Qualitative Info

The Alto Comissariado para a Imigração e Diálogo Intercultural (ACIDI) [High Commission for Immigration and Intercultural Dialogue] and the Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) [Commission for Equality and Against Racial Discrimination] (CICDR) issued a statement in April 2006 on references to nationality, ethnic group or legal status in news items from official sources, and in the media, calling the attention to the responsibility of the media and of official sources (namely law enforcement agencies) in avoiding the dissemination of stereotyping and prejudice against minority groups, recommending them to avoid the association between crime and minority groups.

Other statements were issued afterwards regarding particular subjects that come to the fore in the media, and where entire minority and immigrant groups were associated with negative behaviour. Many times the statements of the CICDR were made with the objective of denying unsubstantiated rumours that stemmed from racial prejudice. In 2008 the CICDR took a position on references to nationality, ethnic group or religion in humorous items, asking for a responsible attitude on the part of humorists and those responsible for programming, to avoid the association of derogatory characteristics with a foreign nationalities, religions or ethnic minorities.
 

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Source

Cádima, R., Figueiredo, A. (2003), Representações (Imagens) dos Imigrantes e das Minorias Étnicas nos Media
, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/pdf/Estudo%20Obercom.pdf, Date of access: 24.02.2012.

Dias, B. Ralha, T. and Silva, E. (2009), Complementary Data Collection - Contribution from Portugal to the Annual Report of the Fundamental Rights Agency of the European Union, Vienna: European Union Agency for Fundamental Rights.

Ferin, I, Almeida Santos, C., Silveirinha, M. J., Peixoto, A. T. (2004), Media, Imigração e Minorias Étnicas, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/imprensa.pdf, Date of access: 24.02.2012.

Ferin, I, Almeida Santos, C., (2006), Media, Imigração e Minorias Étnicas II, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/Estudos%20OI/Estudo_OI_19.pdf, Date of access: 24.02.2012.

Ferin, I, Almeida Santos, C., (2008), Media, Imigração e Minorias Étnicas 2005-2006, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/Col_EstudosOI/OI_28.pdf, Date of access: 24.02.2012.

Ferin, I, Almeida Santos, C., (2008), Media, Imigração e Minorias Étnicas 2007, Lisboa: ACIDI/Observatório da Imigração, http://www.oi.acidi.gov.pt/docs/Col_EstudosOI/OI_28_act.pdf, Date of access: 24.02.2012.

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Yes, racism and hate speech exist in sporting venues.

Qualitative Info

However, such discourse is very difficult either to confirm or to dispute: the absence of data, as in other areas of discrimination, does not allow for many conclusions regarding the extent to where there is racism in the world of sports. There are no statistics of racist incidents in sports, only few cases have reached either the competent state bodies for receiving complaints, or even the sports organisations that have disciplinary competences, such as sports federations.

 

Some cases involving racist practices do reach the public eye, mainly through the media. All of them occur in football and the great majority is in the form of verbal insult. But even these cases tend to be referred, by the representatives of the main sports institutions, as occasional, not significant and not inserted in more general trends.

 

These representatives tend also to downplay the importance of the presence of extreme-right wing individuals in the organised supporters organisations, but such presence was already acknowledged both by social-scientific research, focusing on the main Portuguese clubs, and by the police. These supporters’ organisations were even pointed as recruiting points for extreme-right activism.

 

The racist incidents in sports that have been reported concern only one sport, football, and involve the same kind of situation: racist insults directed by supporters to black players, either in national matches or in UEFA competitions. Some of these incidents led to applications of fines, but the number of sanctions is scarce. According to the testimony of some black players, racist insults in the field are frequent, which contradicts the assumption, held by leaders of the sports organisations, that racism is external to football in Portugal.

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Yes, hate speech is ground for sanctions to sport clubs. Whoever, if some of these incidents led to applications of fines, the number of sanctions is extremely scarce.

Qualitative Info

In the last few years, there have been some racist incidents, all of them involving racist insults directed to professional football players, that were reported by the sports press. Despite the media coverage, between 2003 and 2010 very few cases of racist incidents lead to inquiries or sanctions by the Conselho Disciplinar da Liga Portuguesa de Futebol Profissional [Disciplinary Council of the Football Professional League], which have the power to take action against this behavior. Unfortunately, the Liga Portuguesa de Futebol Profissional (LPFP) [Portuguese League of Professional Football] does not make information on the complaints accessible.

 

One of the few sanctions known to have been applied by the Disciplinary Council of the LPFP to one club because of a racist incident, occurred in December 2005, when the well known player of Sport, Lisboa & Benfica Pedro Mantorras, who was insulted by Club Sport Marítimo fans when he was entering in the football pitch. By the time, the LPFP sanctioned Marítimo with a 600 euros fine. Furthermore, some years before, the same club, Marítimo, had already been fined by UEFA, with the equivalent of 6500 Euros, when similar racist insults where directed to Leed United players during a game to for the UEFA Cup in September 2001.

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