German National Equity Body: Federal Anti-Discrimination Agency

We are in a period where discrimination and racism discussions are spread globally due to the recent events in the USA and the effect of Covid-19 pandemic. Within this context, we interviewed with Niklas Hofmann, the Federal Anti-Discrimination Agency (FADA) Press, on the establishment and activities of FADA and also reflections of latest events on Germany. 

Could you tell us brief story of FADA’s establishment? In which circumstances led FADA’s establishment?

FADA was established in 2006 as Germany’s national equality body when the General Equal Treatment Act was passed in accordance with the European Union’s anti-discrimination directives (the first of which date back to 2000). All EU member states are required to designate such a national equality body that takes complaints from indviduals and works to counter discrimination.

What is FADA’s definition of discrimination and which statement FADA consider as a basement?

The General Equal Treatment Act defines as discriminatory any unfavourable treatment on grounds of age, disability, ethnicity, gender, religion and belief or sexual identity in the areas of work life and in civil law, e.g. in the housing market and regarding the access to goods and services. https://www.gesetze-im-internet.de/englisch_agg/englisch_agg.html#p0125 So while a derogatory statement against an employee or a customer would be covered by the act, the same statement against a stranger in the street, in the press or on social media would not be defined as discrimination in a narrow legal understanding, while obviously fitting that expression in a wider sense. Discrimination by the state is not covered by the Equal Treatment Act, but is forbidden by the Germany’s constitution, the Basic Law.

What are the working principles? How do you work with civil society?  Is there any cooperation model?

FADA’s work is based on the mandate given to us by the General Equal Treatment Act. This includes three main tasks, which are legal counselling for victims of discrimination, research on discrimination and awareness-raising. The law also explicitly mandates us (in section 29) to cooperate with civil society and non-governmental organisations. We involve them through regular exchanges, consultations on FADA projects, participation in events and also through our advisory board which includes representatives of civil society.

How do you evaluate recent developments around the world? And the reflections in Germany?

The events in the United States since the death of George Floyd have reignited the debate on racism in many countries including Germany. They have also motivated many young people to be more outspoken about the kind of equal society that they want. FADA sees this as helpful for the political debate about the prevention have discrimination. In the aftermath of the racist and anti-semitic terrorist attacks in Halle and Hanau, German politics has been discussing new measures against racism and right-wing extremism. In FADA’s view these should also include a strengthened legal protection against discrimination.

What is the most highest discrimination type that FADA gets the most applications?

33% of complaints that we received in 2019 concern discrimination on grounds of ethnicity. This number has disproportionately increased by more than 100 percent since 2015. The second most frequent reports regard discrimination on grounds of gender (29%) and disabilities (26%). The highest percentage of complaints across all grounds (36%) regard discrimination in the labour market.

Did the Covid 19 process increase discrimination in Germany?

While our most recent annual report for 2019 looks at a timeframe before the outbreak of the pandemic, we can already say that we have received over 200 Covid-19 related complaints between March and May. Most of these complaints are from people of Asian descent who have experienced racist discrimination. Many others are from people with disabilities or chronical diseases who encounter difficulties due to coronavirus safety measures like mask-wearing or compulsory use of a shopping cart in retail stores.

You can find detailed information on national equality bodies established by member states in accordance with the European Union anti-discrimination directives via the European Network of Equality Bodies(EQUINET).