European Policy and Practice towards Ethnic Minorities

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SM628 IntegrationRace Equality Directive- Activity
European Policy and
Practice towards
Ethnic Minorities
Department of Public and Social Policy,
ISS FSV UK
Fall
Lecturer: Antonin Mikeš
abtmikes@gmail.com
NOT FOR PUBLIC DISTRIBUTION
1
Integration of Immigrants
• Integration Policy• Forms
• Obstacles- and obstacles based on
state type
• Introduction to WORKSHOP
2
Integration Policy-can be...
Preventive
Requirement to learn German (or Dutch) before immigration;
Distributing information in source country as preventive
measure
Accompanying
comprises language courses, mentoring programs or
information material to dis-burden the ongoing inclusion
process
Catching up
Qualification and language competence improvement
For example: re-qualification of a medical doctor
3
Integration Policy-can...
address certain fields
Language and education
Labour market
Housing and spatial dimension
Sport and leisure time
Intercultural dialogue
4
Obstacles- Ministry level
• Conflictual discussion- inherent dualism
• Integration measurements should be
voluntarily to provide learning success
• Integration measurements should be
mandatory otherwise they would be ignored
(linked with financial transfers or with the
length of a legal stay)
•
Institutional obstacles- again conflictual
• Integration policy should be concentrated in
one hand (ministry or department)
• Integration policy is a cross sectional policy
and should therefore be implemented in each
of the responsible unit (ministry for education,
health, labour etc.)
5
Obstacles- cont.
Distribution of competences
• Responsibility lies with federal state, the region and the local level;
• The EU is still expanding the competence in this policy area as well
(2010 Treaty of Lisbon; 2005 the “Common Basic Principles on
Integration)
• Integration is a dynamic, bi-directional process of mutual cooperation
• Employment is a basic component of the process of integration
• Basic knowledge of the language, history and institutions is a
necessary requirement;
• Efforts in the educational system to empower migrants of the first and
second generation to participate actively in the social life
• The charter of basic rights assuring the right of free religion, if there is
no conflict with other European rights;
• Participation of migrants on the democratic processes, especially on
the local level, will foster integration;
6
Principal Approches with EU and
Worldwide
Liberal paradigm
Republican Model
Paradigm of descent
7
Primary obstacle are the different
principal approaches within EU and
worldwide
1. Liberal paradigm of integration (USA, UK)
• No forced assimilation; plurality is guaranteed and
segregation can be observed; the Amish lives without
electricity and cars and they are respected;
• Migration: everyone is welcomed but no public support
and no social transfers
• Problems of segregation are security problems
• Important is the national overhead (flag, constitution,
anthem)
8
Primary obstacle are the different
principal approaches within EU and
worldwide
2. Republican model (France)
• Assimilation is necessary; plurality and diversity are
incompatible with the republican values;
• Migrants are welcome who respects the republican ideals
• Division of state and church*****
• Commitment to the Republic and to France; French
language and the French culture
• Citizenship is strictly linked to the republican values but it
is possible to become a „true Frenchman“ (Sarkozy)
because the past and the ancestry is irrelevant (citizen are
equal by birth)
9
Primary obstacle are the different
principal approaches within EU and
worldwide
3. Paradigm of descent (Germany)
•
•
•
•
The people are defined by a common descent; shared
history and myth
The integration paradigm is that of segmentation; to
become a „true German“ or „Austrian“ is difficult and
needs in principal many decades;
but Germany changed it‘s paradigm in 2005
Control of migration and selection of migrants is
necessary to be sure that the “right persons” will enter
the territory. The welfare state makes it necessary to
control who is eligible to receive resources.
10
Towards the Future
The need for integration policy
• Every migration policy lacks integration policy
concepts.
•
research about guest workers from the 1970s and 1980s demonstrates the deficits and
unintended side effects of the rotation policy.
• Integration policy should offer clear future for
immigrants and also implement concrete
integration measures.
• Integration policy should not endeavour for pure
assimilation nor cultivate diversity for its own
sake.
11
•
•
•
•
•
Towards the Future
Integration policy should focus on structural
harmonization- implementation of preventive,
accompanying and catching up integration
measurements.
Housing markets have to be open while frictions on the
labour market have to be avoided.
Integration policy should borrow some elements from the
republican and the liberal paradigm
Clear guide for the migrants to become citizens if they
wish
Recognition that integration processes need time and
plurality of different lifestyles
12
Activity
Council Directive 2000/43/EC
Council Of Europe's Framework Convention
Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin.
Summary:
This Directive is based on the principle of equal
treatment between persons. It forbids all
direct or indirect discrimination based on race
or ethnic origin, as well as harassment and
any behaviour which makes one person
discriminate against another person.
http://europa.eu/legislation_summaries/justice_freedom_security/combating_discrimination/l33114_en.htm
15
Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or
ethnic origin.
The Directive applies to all persons and to all sectors of activity, regarding:
· access to employment and to unpaid activities, specifically during
recruitment;
· working conditions, including concerning hierarchical promotion, pay and
dismissals;
· access to vocational training;
· involvement in workers’ or employers’ organisations, and in any
professional organisation;
· access to social protection and to health care;
· education;
· social advantages, access to goods and services, particularly housing.
The Directive does not cover difference of treatment based on nationality, or the conditions of entry and residence
for citizens from third countries in the European Union (EU).
http://europa.eu/legislation_summaries/justice_freedom_security/combating_discrimination/l33114_en.htm
16
THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION
FOR THE PROTECTION OF NATIONAL MINORITIES
Summary:
The European Framework Convention for
the Protection of National Minorities is the
most comprehensive multilateral treaty
devoted to minority rights. Adopted under
the auspices of the Council of Europe, it
sets forth a number of principles according
to which States are to develop specific
policies to protect the rights of minorities.
http://www.ohchr.org/Documents/Publications/GuideMinorities8en.pdf
17
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THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION
FOR THE PROTECTION OF NATIONAL MINORITIES
· promote the conditions necessary for minorities to maintain and
develop their culture
· protect the rights to freedom of assembly, association, expression,
thought, conscience, and religion (Articles 7, 8, and 9)
· facilitate access to mainstream media and promote the creation and use
of minority media (Article 9)
· recognize the right to use a minority language in private and in public
and display information in the minority language (Articles 10 and 11)
· recognize officially surnames and first names in the minority language
(Article 11)
19
THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION
FOR THE PROTECTION OF NATIONAL MINORITIES
· “endeavour to ensure” the right to use the minority language before administrative authorities
and to display bilingual topographical indications in the minority language in areas inhabited
by national minorities “traditionally” or “in substantial numbers” (Articles 10 and 11)
· foster knowledge of the culture, history, language, and religion of both majority and minorities
(Article 12)
· recognize the rights of minorities to set up and manage their own educational establishments
and learn their own language (Articles 13 and 14)
· “endeavour to ensure” that there are adequate opportunities to be taught in the minority
language, in areas traditionally inhabited by national minorities or where they live in
“substantial numbers” (Article 14)
· “create the conditions necessary for the effective participation of persons belonging to national
minorities in cultural, social and economic life, and in public affairs, in particular those
affecting them” (Article 15)
· refrain from measures that alter the proportions of the population in areas inhabited by
minorities (Article 16)
· not interfere with the rights to maintain contacts across frontiers and participate in the activities
of national and international NGOs (Article 17)ure and identity (Article 5)
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Activity
5 case studies
1. Education
2. Employment
3. Services
4. Dress Makers
5. School
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