The HALDE in the spotlight

In the interview with Louis Schweitzer, President of the High Authority against Discrimination and for Equality (HALDE), the French equality body is put under the spotlight. The HALDE competencies, its work to incite women reporting discrimination on the ground of gender and concrete examples of cases are kindly presented by Mr Schweitzer. The interview finishes with the unveiling of HALDE exciting plans for the future.  

1. Can you tell us a bit more about the history and development of your equality body?
2. Approximately how many complaints do you receive each year?
3. What is your policy towards cooperation with trade unions and NGOs representing vulnerable groups?
4. What problems are you experiencing, if any? What cases are you currently dealing with? Tell us about the most interesting/significant ones (both success stories and more difficult ones) and, if possible, give us references.
5. How aware are citizens in your country of the role of equality bodies? Do they trust you? Do they know that you’re there for them?
6. What kind of effort do you undertake to meet women’s needs? What do you do to increase the number of complaints lodged by women?
7. Can you assess to what extent and how Equinet is helping your equality body? Is it giving added value to the way you work? Do you have special needs and/or requirements to be addressed to Equinet?
8. The HALDE has launched a campaign related to Travellers/ Gypsies/ Roma people. Can you tell us more about this initiative and its expected outcomes?
9. What are the major projects and initiatives planned for 2010?

1. Can you tell us a bit more about the history and development of your equality body?

The HALDE came into existence as a result of the Equality Act of 30 December 2004 but our work really began in May 2005. Of course, it was the 2000/43 directive, the so-called Race Equality directive, that was behind the creation of the HALDE, but the French legislature wanted to give this institution real resources, powers and, which is specific to France I think, make it immediately competent on the 18 grounds for discrimination that are prohibited by French law. In addition to the six criteria laid down by EU law, we can also tackle cases of discrimination based on health, pregnancy, family situation, name, political opinions, union activity, physical appearance, customs and genetic characteristics. This is an important advantage as it builds awareness of the devastating effect that discrimination has on everyone. Important because the prerequisite to combating the prejudice that often lays behind discriminatory practice is the awareness of it by all.

In 2006, a new law increasing the powers of the HALDE was passed and allowed it to intervene in its own right in the courts or to suggest a fine and/or settlement, in some cases combined with publicity. However, the settlement suggested by the HALDE and accepted by the perpetrator and, where relevant, the victim, must be approved by the Public Prosecutor. If the proposed settlement is refused, the HALDE can launch public proceedings using a direct summon.

Generally it can be said that the HALDE is part of the institutional landscape thanks to the expertise it has developed with regards to constantly changing discrimination law. As a result, our organisation is increasingly called upon by tribunals and courts to give evidence in cases that are being investigated. The recommendations made by the HALDE in court have a high success rate (around 80%) and in some cases it has also recommended and funded mediation that has proven to be effective.  Finally its recommendations to both public authorities and the private sector have, in large part, been followed.

2. Approximately how many complaints do you receive each year?

We receive an increasingly large volume of complaints.  We went from 1400 complaints in 2005 to 8700 complaints in 2008 and we received more than 10 549 in 2009. This doesn't mean that discrimination is on the increase but that there is greater awareness and less acceptance of it.  It is also due to the HALDE's greater role.
Regarding the complaints, 30% of them are filed by internet through our site, and 20% are received via our local correspondents in all regions of France. 28% of them are related to race/origin, 18% to health and disability. Half of the complaints lodged directly concern labour issues (recruitment, career, trainings dismissal etc…). It is interesting to know that we have all this information on complaints distributed by the sex of the plaintiff. Today, we can say that more women lodge complaints at the HALDE than last year. (44% of the plaintiffs today are women).
In 2009, we processed 10544 claims out of the 10549 received (but 70% of them were not falling under our competence), and our College (Commission) issued 412 deliberations. Our annual report 2009 will be published in February.

3. What is your policy towards cooperation with trade unions and NGOs representing vulnerable groups?

Today not only individuals but NGOs and unions bring cases to the HALDE including when they have been unable to obtain compensation.
The HALDE has set up two committees for cooperation with NGOs representing, on the one hand, people with disabilities and, on the other, the main LGBT NGOs. We organise several annual meetings with these cooperation committees in order to discuss the latest developments relating to the HALDE's "jurisprudence" and so that the NGOs can relay the difficulties that they have been able to identify in their respective areas. Their role is also, of course, to bring cases of discrimination to our attention. We are in regular contact with all unions.
The HALDE also has a consultative committee which includes representatives of civil society (academics, associations on the different grounds we tackle, and representatives of social partners). The committee can also be called upon by our Board to give its opinion on a specific issue.  For example, the Board recently asked the Consultative Committee to give its opinion on the situation of Roma migrants in France. This opinion was subject to deliberation, its results were made public.

4. What problems are you experiencing, if any? What cases are you currently dealing with? Tell us about the most interesting/significant ones (both success stories and more difficult ones) and, if possible, give us references.

Of course, the most difficult thing is to establish proof.  This is the job of the HALDE's lawyers. In particular we have difficulty establishing proof in situations relating to the grounds of ethnic origin. Indeed this is why we are currently developing a methodology for discrimination tests (situation testing) to progress towards overcoming these difficulties.
 
We have handled a number of interesting cases recently. I will give three or four examples.

The HALDE has ensured the recognition of the concept of discrimination by association. A woman was reprimanded then fired when it was actually the union activity of her partner that was being targeted through her. The HALDE applied European jurisprudence and found that discrimination by association had taken place. Its comments were adopted by the court that judged the case.

The HALDE strives to raise awareness of the discriminatory nature of certain behaviours. Many companies and even public sector organisations were in the habit of prioritising children of staff for work experience and seasonal work or holiday jobs. These jobs and internships are an important part of the curriculum vitae facilitating access to employment or training. The young people who are deprived of the opportunity due to their lack of family network are therefore penalised. The HALDE identified this form of discrimination on the basis of family and recommended the introduction of more transparent and objective procedures. This practice that seemed legitimate has been progressively altered.

Another situation is worth a mention. The HALDE considered that the fact that children’s access to family benefits was attached to the regularity of their right of residence was discriminatory.  The HALDE considered it was contrary to articles 8 and 14 of the European Convention on Human Rights as well as article 3 of the International Convention on Children's Rights. Many courts echo the HALDE's analysis and cancel the payment refusals. However, despite the repeated recommendations of the HALDE, at this very stage, the government will not amend the law on this issue despite it being clearly contrary to the international commitments of our country. This illustrates the limits of our powers.

5. How aware are citizens in your country of the role of equality bodies? Do they trust you? Do they know that you’re there for them?

A CSA poll published in June 2009 confirmed the greater notoriety of the HALDE. 51% of those asked from a representative section of the French population said that they knew of the HALDE, 92% thought that it is important or very important to tackle discrimination and 86% thought that the HALDE was useful. It is a good result but it is not enough.  Eventually all citizens need to know that the HALDE exists in order to lodge a complaint if they need to.

Aside from awareness campaigns aimed at the general public, in the last five years we have also been able to develop familiarisation and awareness campaigns with different stakeholders (public and private employers, local government, the education sector, legal professions, NGOs, unions...) to spread good practice and to combat prejudice and stereotypes. All these measures help to correct practices and introduce action that guarantees real equality of opportunity. The diversity of our society is real and we have to reproduce that diversity in all sectors, at all levels. 

6. What kind of effort do you undertake to meet women’s needs? What do you do to increase the number of complaints lodged by women?

It's an interesting question. At the HALDE we quickly realised that there were not enough complaints from women on the grounds of gender and pregnancy (6% of complaints made to us). As regards the other grounds our internal statistics show us that although women make fewer complaints than men (except on the grounds of family) they do make a significant number of complaints.
So last year we decided to change this trend and to communicate more systematically on the cases where we have had results and in which the HALDE's intervention has led to convictions. One of the most recent examples:  a company that had dismissed an employee who had just announced her pregnancy was fined 200,784€ in addition to her redundancy pay. 
We also organised a conference this year in partnership with Norway and our Norwegian counterpart on "Achieving Real Gender Equality, An Exchange of Views on Equal Access for Women and Men to Employment, Professional Responsibility and Equal pay." We were of course very interested in Norwegian laws on boardroom quotas but also noted that we had shared difficulties in tackling gender discrimination and the pay gap which remain far too significant in both countries.
We also recently produced a leaflet on pregnancy to familiarize women with their rights and to ensure that they do not make mistakes in the way they announce their pregnancy to their employer. Indeed, this leaflet informs women of their rights but also employers so that they avoid discriminatory behavior or decisions.
Following these measures, the proportion of complaints on the grounds of gender and pregnancy has increased to 8.7% of the total in 2009.

7. Can you assess to what extent and how Equinet is helping your equality body? Is it giving added value to the way you work? Do you have special needs and/or requirements to be addressed to Equinet?

I have always thought that benchmarking was an incredible tool for progress. Comparisons provide real measurements of possible margins of progress. It seems to me that exchanging good practice and know-how is also very important in a context where many equality bodies are continuing to develop today. I really think that Equinet is a very useful network as it facilitates exchanges between equality bodies on very practical aspects of their work.  It's a unique network.
Equinet has allowed us to work from time to time on discrimination cases where we needed to know how they had been tackled by other bodies. Equinet is also a very useful information source on the latest at the European institutions. It's a bit like our ambassador in Brussels.
What am I expecting from Equinet? I would expect the Network to allow the voices of equality bodies to be really heard at the European institution level. I also think that the network should encourage joint research or allow the results of the most cutting-edge research on these subjects in each country to be shared. I also think, but this is already planned, that Equinet should encourage the creation of a system for recording quantitative and qualitative information on the cases tackled by the national equality bodies. It would be a very precious source of comparative data on discrimination.

8. The HALDE has launched a campaign related to Travellers/ Gypsies/ Roma people. Can you tell us more about this initiative and its expected outcomes?

In January 2008 we made recommendations to government on the difficulties faced by travellers in France. The term "travellers" ("gens du voyage") appeared in the 1970s to refer to nomadic populations including gypsies (Rom, Sinti, Kale, Gitan…) who were from Northern India, Yéniches of Germanic origin but also people who adopted the French nationality and way of life. The discrimination that they face every day affects access to national identity cards, the right to vote, freedom of movement, schooling and access to parking on specially adapted sites. Indeed, with the exception of a November 2008 circular on identity cards, we have observed that these recommendations have rarely been implemented so we communicated once again on the issue a few weeks ago. This is one of the difficulties we can meet with regards some of our recommendations in that they are not binding or compulsory. The publicity power that we have can, nevertheless, allow us to put pressure on public authorities (and on private companies).

In addition to our recommendations on the legal framework imposed on travellers, we wanted to carry out an information campaign on discrimination against travellers. This campaign was conducted in partnership with the FNASAT (National Federation of Associations in Solidarity with Gypsies and Travellers). It was part-funded (80%) by the European Union. The aim of this campaign was to raise awareness amongst travellers and associations of the issue of discrimination and to inform them of the legal recourse open to them and the existence of the HALDE. We drafted a document, used during training sessions organised by the FNASAT and produced an audiovisual aid for travellers. We are currently discussing with FNASAT the possibility of renewing the campaign in 2010.

9. What are the major projects and initiatives planned for 2010?

My priority in the run up to 2010 is for the HALDE to be visible throughout France thanks to the local correspondents who relay our work in the different regions of France.
Supported by a network of 125 volunteer correspondents who are qualified in law and trained in the discrimination-related issues, the HALDE is now in a position to meet the needs of people who feel themselves to be victims of discrimination throughout the country. The local correspondents meet those who are making a complaint. Their role is to listen, to provide information and guidance. They help to identify cases of discrimination and find an amicable solution locally. If this fails, our correspondents help to put together a legal case with the Legal Directorate of the HALDE.

In 2010 we will publish the annual report of the HALDE which will mark the end of the first presidency of the institution. My term of office will come to an end in March 2010. In the last five years one of the main things I have learned is that discrimination is very often unconscious. Tackling it requires a lot of willpower, specific actions and identified stakeholders.

Thank you Mr Schweitzer for your contribution.