1. SM628 European Policy and Practice towards Ethnic Minorities Department of Public and Social Policy, ISS FSV UK Fall Lecturer: Antonin Mikeš abtmikes@gmail.com abtmikes@gmail.com NOT FOR PUBLIC DISTRIBUTION Integration- Race Equality Directive- Activity 1

2. Integration of Immigrants Integration Policy- Forms Obstacles- and obstacles based on state type Introduction to WORKSHOP 2

3. 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

4. Integration Policy-can... address certain fields Language and education Labour market Housing and spatial dimension Sport and leisure time Intercultural dialogue 4

5. 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

6. 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

7. Principal Approches with EU and Worldwide Liberal paradigm Republican Model Paradigm of descent 7

8. 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

9. 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

10. 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

11. 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

12. 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

14. Activity Council Directive 2000/43/EC Council Of Europe's Framework Convention

15. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. 15 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

16. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. 16 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

17. THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES 17 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

18. 18

19. THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES 19 · 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)

20. THE COUNCIL OF EUROPE'S FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES 20 · “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)

21. Activity 21 5 case studies 1. Education 2. Employment 3. Services 4. Dress Makers 5. School