Anti-Racism Map: Mapping Anti-Racism Plans in Spain
In ENAR’s Evaluation of the National Plan against Racism, Spain scored 19/20 points, reaching the highest possible point total in all but one of the six categories. While the country is making significant strides toward the implementation of the Action Plan, a critical area in need of addressing is the lack of disaggregated equality data collection on discrimination and racial inequalities.
|1. NAPAR Adoption
|2. Systemic and Intersectional Approach
|3. Equality Data Collection
|4. Institutional Participatory Mechanisms
|5. Human and Financial Resource Allocation
|6. Civil Society Coalition
Additional Explanations and Sources
The assessment is based on independent research carried out for the European Network Against Racism by Catalina Quiroz-Niño from The Institute of Cultural Affairs (ICA) Spain. Below are the explanations and sources that support these assessments.
1. NAPAR Adoption
There has been a clear policy document formally adopted by the government and Parliament and made public.
For more information, see:
- The National Law 15/22 – July 12th Comprehensive Law for equality of treatment and no discrimination: Page 26 – An Independent Authority: Within the scope of the State Administration, an Independent Authority for Equal Treatment and Non-Discrimination has been created, and will be responsible for protecting and promoting equal treatment and non-discrimination of people in the areas of competence of the State provided for in this law, both in the public and private sector. Page 33 – Period of appointment for the Independent Authority: First additional provision. Constitution of the Independent Authority for the Equal Treatment and Non-Discrimination. Within six months from the entry into force of this law, the appointment and integration of the Independent Authority for Equal Treatment and Non-Discrimination will be achieved.
- Ministerio del Interior (Ministry of Interior) II Plan de Acción de Lucha Contra los Delitos de Odio – 2022-2024 – English
- Ministry for Inclusion, Social Security and Migration: Spanish Observatory on Racism and Xenophobia.
- Ministry for Inclusion, Social Security and Migration: Strategic Framework for Citizenship and Inclusion, against Xenophobia and Racism (2021-2027) – English Summary
- Ministry for Inclusion, Social Security and Migration: Strategic Framework for Citizenship and Inclusion, against Xenophobia and Racism (2021-2027)
- Ministry for Equality: Council for the Elimination of Racial or Ethnic Discrimination (CEDRE)
- Civil Society Organisations specialised in the field of racial discrimination such as Educa Tolerancia have published open reviews of the National Law and Strategic Framework giving key aspects to be taken into account in any further document related to the subject.
2. Addressing Systemic Racism and Intersectionality
In regard to the definition of structural racism adopted by Spain, it includes a sophisticated definition of structural, historical and institutional racism, including the process of racialisation and intersecting oppressions. The policies tackle structural rather than merely individual forms of racism, focusing on key policy areas such as AI, migration and/or law enforcement.
For more information, see Law 15/22 – July 12th: Integral equality of treatment and no discrimination:
- (Page 27). Historical background of structural racism recognized: K) Prepare, in coordination with the bodies of the State Administration authorities in statistical matters, periodic reports and statistics, promote studies on equal treatment and non-discrimination, as well as on the historical forms of structural discrimination, direct to groups of victims and are protected by this law. Design and maintain a barometer on equal treatment and non-discrimination based on a system of indicators and disseminate the activities, studies and reports that are produced.
- (Page 14). Multiple and intersectional discrimination. A) Multiple discrimination occurs when a person is discriminated against in a simultaneous or consecutive manner for two or more causes than those provided for in this law. B) Intersectional discrimination occurs when diverse causes, provided by this law, together generate a specific form of discrimination. C) In cases of multiple and intersectional discrimination, the motivation for the difference of treatment, in the terms of the second paragraph of article 4, must be given in relation to each of the grounds of discrimination. D) Similarly, in cases of multiple and intersectional discrimination, measures of positive action contemplated in section 7 of this article must attend to the concurrence of the different causes of discrimination.
- (Page 24). The law will pay special attention to intersectional or multiple discriminations that by their very nature represent a more serious attack on the right to equal treatment and non-discrimination.
- (Page 20). Article 23. Artificial intelligence and automated decision-making mechanisms. 1. Within the framework of the National Artificial Intelligence Strategy, the Charter of Digital Rights and European initiatives on Artificial Intelligence, public administrations will favor the implementation of mechanisms so that algorithms involved in decision-making that are used by public administrations take into account criteria for minimising biases, transparency and accountability, whenever technically feasible. These mechanisms will include their design and training data, and will address their potential discriminatory impact. To achieve this aim, impact evaluations will be promoted to determine possible discriminatory bias.
- (Page 24). Law Enforcement. The Security bodies will collect the data on the specific discrimination in the complaints filed and will process them in the corresponding security statistics systems and will be published with full recognition of the fundamental rights to protection of personal data and racial or ethnic self-identification.
- (Page 27). Migration. Functions of Independent authority Participate in the Tripartite Immigration Labor Commission, under the terms provided in the legislation.
- Assistance and Orientation Service to Victims of racial or ethnic Discrimination by The Council for the Elimination of Racial or Ethnic Discrimination. The Council is specialized in offering independent assistance to victims of racial or ethnic discrimination. This Service is based on a public contract and implemented through a network of 9 NGOs specialized in the field of fight against discrimination and who are also members of the Council for the Elimination of Racial and Ethnic Discrimination (Fundación Secretariado Gitano, Comisión Española de Ayuda al Refugiado, Spanish Red Cross, Accem, MPDL, Fundación Cepaim, Movimiento contra la Intolerancia, Red Acoge y Rumiñahui). The contract has been awarded to the Fundación Secretariado Gitano (Roma Secretariat Foundation), an entity with a long history in the field of equality and non-discrimination, which acts as coordinator. The network has offices distributed all over Spain.
3. Equality Data Collection
Equality data on discrimination and racial inequalities is collected, but not disaggregated by race and ethnicity.
For more information, see:
- Ministerio de Igualdad (Ministry for Equality) Consejo para la eliminación de la discriminación racial o étnica (CEDRE): “Only 18.2% of the people who have experienced a discriminatory situation for racial or ethnic reasons have filed any complaint, claim or report.” Source.
- National Statistics from the National Office to Fight Hate Crimes (Oficina Nacional de Lucha contra los Delitos de Odio)
- Report on the evolution of hate crimes.
- Map of resources at national level.
- Project CLARA: Model of Local Learning Communities against Racism, Xenophobia and hate speech. The project is aimed at improving the capacity building of local authorities, municipal police and communities to prevent, identify and fight against racist and xenophobic incidents, hate speech and crimes through local learning communities. It is complemented by a model for monitoring and support for victims of these crimes. The project takes into account lessons learned from other local European experiences and exchange products and outcomes generated. Ministry for Inclusion, Social Security and Migration. Spanish Observatory of Racism and Xenophobia (OBERAXE).
4. Institutional Participatory Mechanisms
There is a permanent participatory structure, with clear terms of reference and regular meetings. Civil society representatives, including from racialised groups, are involved in the decision-making processes related to policy design, implementation, and monitoring of NAPAR in Spain.
The information from the Interior Ministry acknowledges the involvement of a multistakeholder approach within the participatory mechanisms, for example:
- Secretaría de Estado de Seguridad
- Dirección General de Coordinación y Estudios
- Oficina Nacional de Lucha contra los Delitos de Odio
Representatives who took part in the draft and issuing of the 2nd Action Plan to Combat Hate Crimes, were:
- National Office to Combat Hate Crimes
- law enforcement bodies: Policía Nacional, como la Guardia Civil, la Policía Foral de Navarra (Navarra), la Ertzaintza (País Vasco) y los Mossos d’Esquadra (Barcelona)
- the Ministry of Inclusion, Social Security and Migration
- the Ministry of Justice
- Specialised Prosecutor
- the Office of the Spanish State Ombudsman,
- the Attorney General of the State’s Office
- organisations from civil society.
Ministry for Equality
Multistakeholders composition of the Council where a comprehensive number of public and private organizations are involved, including organizations of racialized groups.
Ministerio de Inclusión, Seguridad Social y Migraciones
- Observatorio Español del Racismo y la Xenofobia (OBERAXE)
- Federación Española de Municipios y Provincias (FEMP)
The Strategic Framework aims at inspiring citizenship and inclusion policies against xenophobia and racism, that does not leave anyone behind, from multilevel co-governance and multi-stakeholder. This means the involvement of the different state, regional and local administrations, Civil Society Organizations (CSO) and other social agents, so that they combine the efforts of the different administrations and organizations to establish a set of policies aligned with the respective competency frameworks. It also offers a comprehensive scenario of action that places potential victims of discrimination at the centre of the social justice and equality agenda, includes a perspective gender, pays attention to intersectionality and offers coherence in the actions on the different priority areas
See also the 2021 Spanish Observatory on Racism and Xenophobia Report.
5. Human and Financial Resource Allocation
There is a detailed, realistic and adopted budget that is accessible to the public, clearly earmarked to implement anti-racism policy and including significant staff costs, including resourcing an independent monitoring mechanism.
For more information, see:
- Ministry of Interior. Allocation of funds from central government. II Plan de Acción de Lucha Contra los Delitos de Odio (2022-2024) – English version
The total budget for the implementation of the action plan of this 2nd Action Plan and the development of the measures covered in each line of action for the years 2022-2024 amount to € 1.073.425, distributed as follows:
- Assistance and support for victims of hate crimes: € 284.575.
- Improvements in the coordination mechanisms of law enforcement bodies and other public and private institutions: € 85.060.
- Preventing any criminal from being committed related to hate crime by developing tools to help improve the effectiveness of investigations, in line with the Secretariat of State for Security’s plans in force (e.g. the Plan of Action and Police Coordination against Organised, Violent Youth Groups; and the Master Plan for coexistence and improvement of security in schools and their environs, etc.): € 277.210.
- Creation of groups to combat hate crimes within the General Commissariat of Information and Provincial Information Brigades, as well as in the Civil Guard Information Service and its Peripheral (non-nationwide) units: € 58.500.
- Fostering training and raising, awareness among members of the law enforcement bodies in combating hate crimes: € 145.330.
- Giving incentives for participation, collaboration and activities with organisations from the social economy, geared towards ongoing improvement in combating hate crimes: € 56.400.
- An increase in the knowledge, tools and instruments used by the law enforcement bodies in combating hate crimes: € 136.550.
- Increasing human resources at the National Office to Combat Hate Crimes: € 29.800.
The Independent Authority for Equal Treatment and Non-Discrimination will annually prepare a draft budget, which will include the statements of income and expenses, with the structure determined by the Ministry of Finance and Public Function and will send this proposal to said department, for its inclusion in the preliminary draft of the General State Budget Law. For more information, see Law 15/22 – July 12th: Comprehensive Law for equality of treatment and no discrimination.
6. Civil Society Coalition Advocating for NAPAR
In Spain, a structured coalition of a diversity of CSOs representing different racialised groups, including people at the intersections of discrimination operates with a clear coordination team, terms of reference and more than three meetings per year. The coalition operates independently from the government and is actively advocating together.
The following public organizations work under an Agreement, each one of these councils and platforms represent a guild of NGOs with a nation-wide presence, which allow a rich outreach when implementing services to be offered to victims and or general citizens, when awareness campaigns are launched:
- Public bodies: el Consejo General del Poder Judicial, la Fiscalía General del Estado, el Ministerio de Justicia, el Ministerio del Interior, el Ministerio de Educación y Formación Profesional, el Ministerio de Cultura y Deporte, el Ministerio de Derechos Sociales y Agenda 2030, el Ministerio de Igualdad, el Ministerio de Inclusión, Seguridad Social y Migraciones y el Centro de Estudios Jurídicos. En 2021 se incorporó el Ministerio de Asuntos Económicos y Transformación Digital.
- Civil society: Consejo para la Eliminación de la Discriminación Racial o Étnica; el Foro para la Integración Social de los Inmigrantes; el Consejo de Víctimas de Delitos de Odio y Discriminación; la Plataforma del Tercer Sector; la FELGTB; el Consejo Estatal del Pueblo Gitano; y la Plataforma de la Infancia.
- Other organisations, as stated in the Spanish Observatory of Racism and Xenophobia.
Each one of these councils and platforms represent a guild of NGOs with a nation-widepresence, which allow a rich outreach when implementing services to be offered to victimsand or general citizens, when awareness campaigns are launched.
The research was carried out by Catalina Quiroz-Niño from The Institute of Cultural Affairs (ICA) Spain in March 2023.