Indicator history

The specialised body for the promotion of equal treatment in regard to racial and ethnic discrimination is the Alto Comissariado para a Imigração e Diálogo Intercultural, I.P. (ACIDI) [High Commission for Immigration and Intercultural Dialogue]. The competences referred to by Article 13(2) of the Racial Equality Directive are exercised together by two bodies, which are included in the structure of ACIDI [the High Commission]:
- Alto Comissário [High Commissioner]
- Comissão para a Igualdade e Contra a Discriminação Racial – [Commission for Equality and Against Racial Discrimination] (CEARD)

However, both bodies (the Commission for Equality and Against Racial Discrimination and the High Commissioner) have no powers of investigation. According to Article 12(2) of Law 18/2004, they are only authorised to receive complaints and must send files for investigation to the Inspectorate General responsible for the area in question. The Inspectorates General are bodies within Ministries that have powers to hear witnesses and to conduct all investigations necessary in cases involving the areas covered by the Ministry concerned. Both bodies are in formal and regular contact with these Inspectorates General (the Labour Inspectorate, the Inspectorate General for Territorial Administration, the Health Inspectorate, the Economic Activities Inspectorate and the Local Administration Inspectorate).

Mandate of the specialised bodies:

The competences of ACIDI [High Commission], as represented by the High Commissioner, are laid down in Decree-law 167/2007 of 03 May 2007. Under Article 3 (Purpose and powers of the High Commission) its competences are as follows:
• to fight any forms of discrimination on the grounds of race, skin colour, nationality, ethnic origin or religion, through positive awareness, education and training actions, and also via the applicable sanctions specified in law;
• to raise public awareness and to promote studies on immigration, ethnic minorities, intercultural dialogue and inter-religious dialogue;
• to promote dialogue between religions through increased knowledge of other cultures and religions and the promotion of an attitude of mutual respect and affection related to diversity within the national borders, and also in regard to Portugal’s relations with the rest of the world.

The regulation of CEARD is contained in Article 5(2) of Law 134/99 of 28 August 1999, which establishes the competences of this commission:
• to gather all information related to discriminatory acts and to apply the relevant sanctions,
• to recommend the adoption of legislative, statutory or administrative measures that it deems adequate to prevent discrimination on the grounds of race, skin colour, nationality or ethnic origin,
• to promote and conduct surveys and research on racial discrimination,
• to write and publish an annual report on the situation in Portugal concerning equality of treatment and racial discrimination.

Legal texts references:

Law 18/2004 of 11 May 2004 (transposes the race directive)
http://www.cicdr.pt/images/stories/lei18_2004.pdf
Law 134/99 of 28 August 1999 http://www.cicdr.pt/images/stories/lei%20134-99.pdf
Decree-law 167/2007 of 03 May 2007 http://www.acidi.gov.pt/_cfn/4cdc2fd25ced5/live/Lei+Org%C3%A2nica+do+ACIDI+-+DL+167%2F2007+de+3+de+Maio

The specialised body for the promotion of equal treatment in regard to racial and ethnic discrimination is the Alto Comissariado para a Imigração e Diálogo Intercultural, I.P. (ACIDI) [High Commission for Immigration and Intercultural Dialogue]. The competences referred to by Article 13(2) of the Racial Equality Directive are exercised together by two bodies, which are included in the structure of ACIDI [the High Commission]:
- Alto Comissário [High Commissioner]
- Comissão para a Igualdade e Contra a Discriminação Racial (CICDR) – [Commission for Equality and Against Racial Discrimination (CEARD)] 

However, both bodies (the Commission for Equality and Against Racial Discrimination and the High Commissioner) have no powers of investigation. According to Article 12(2) of Law 18/2004, they are only authorised to receive complaints and must send files for investigation to the Inspectorate General responsible for the area in question. The Inspectorates General are bodies within Ministries that have powers to hear witnesses and to conduct all investigations necessary in cases involving the areas covered by the Ministry concerned. Both bodies are in formal and regular contact with these Inspectorates General (the Labour Inspectorate, the Inspectorate General for Territorial Administration, the Health Inspectorate, the Economic Activities Inspectorate and the Local Administration Inspectorate).

Mandate of the specialised bodies:

The competences of ACIDI [High Commission], as represented by the High Commissioner, are laid down in Decree-law 167/2007 of 03 May 2007. Under Article 3 (Purpose and powers of the High Commission) its competences are as follows:
• to fight any forms of discrimination on the grounds of race, skin colour, nationality, ethnic origin or religion, through positive awareness, education and training actions, and also via the applicable sanctions specified in law;
• to raise public awareness and to promote studies on immigration, ethnic minorities, intercultural dialogue and inter-religious dialogue;
• to promote dialogue between religions through increased knowledge of other cultures and religions and the promotion of an attitude of mutual respect and affection related to diversity within the national borders, and also in regard to Portugal’s relations with the rest of the world.

The regulation of CEARD is contained in Article 5(2) of Law 134/99 of 28 August 1999, which establishes the competences of this commission:
• to gather all information related to discriminatory acts and to apply the relevant sanctions,
• to recommend the adoption of legislative, statutory or administrative measures that it deems adequate to prevent discrimination on the grounds of race, skin colour, nationality or ethnic origin,
• to promote and conduct surveys and research on racial discrimination,
• to write and publish an annual report on the situation in Portugal concerning equality of treatment and racial discrimination.

Legal texts references:

• Law 18/2004 of 11 May 2004 (transposes the race directive), http://www.cicdr.pt/images/stories/lei18_2004.pdf
• Law 134/99 of 28 August 1999, http://www.cicdr.pt/images/stories/lei%20134-99.pdf
• Decree-law 167/2007 of 03 May 2007, http://www.acidi.gov.pt/_cfn/4cdc2fd25ced5/live/Lei+Org%C3%A2nica+do+ACIDI+-+DL+167%2F2007+de+3+de+Maio