Cultural Homogeneity and National Identity: The Transformational Impact of Human Rights Law R. Joseph Harte Assistant Professor Kyung Hee University College of Law Korea International Conference on Human Rights of Migrants and Multicultural Society Dignity and Justice for All Migrants International Conference on Human Rights of Migrants and Multicultural Society Dignity and Justice for All Migrants

Introduction Many discussions about “human rights and multicultural society.” –This conference: “Human rights of migrants and multicultural society” –We’ve talked a lot about the rights of migrants, and about multiculturalism. But what is the link?

Human Rights and Multicultural Society Models for Understanding this Relationship “ Arising out of” Model Cultural Issues Model (Overlap Model) Functional Impact Model

“Arising out of” Model Multicultural Society Human Rights Issues

Discussions Migrants Rights and Multicultural Society based on “arising out of” model Broadest of the three –What human rights issues are raised by the transition to a multicultural society? Seeks to “catalogue” human rights issues of migrants Problem: Really just a discussion of migrant rights, not a discussion of human rights and multicultural society

Culture Issues (Overlap) Model Human Rights Multicultural Society

Discussions of Migrants Rights and Multicultural Society based on “culture issues” model More narrow than the first model –What human rights issues are specifically related to multicultural issues in the strictest sense? Looks at human rights of migrants related to religion, language, cultural rights, etc. Problem: Still a discussion of migrant rights, just more narrow. Not a discussion of relationship between human rights and multicultural society

Functional Impact Model Human Rights Multicultural Society

Discussions of Migrants Rights and Multicultural Society based on “Functional Impact” model Discussion of relationship between human rights and multicultural society –How does human rights policy impact multicultural outcomes, and vice versa? Looks at human rights of migrants (broad and narrow) but identifies and explores mechanisms by which the protection of these rights impacts multicultural society. Best for discussions on human rights policy and multicultural policy.

Usages of “Multiculturalism” Multiculturalism as a demographic descriptor Multiculturalism as a set of norms Multiculturalism as government policy Christine Inglis, Policy Paper No 4 - Multiculturalism: New Policy Responses to Diversity, UNESCO (1996)

Definition of Policy-Oriented “Multiculturalism” 1.Recognition of the right of ethnic groups to maintain their own languages, religions and customs 2.Action by the state to guarantee equality of opportunities, by preventing discrimination or racism (in education, economy, and political processes) Castles, Stephen, Will Labour Migration lead to a Multicultural Society in Korea? Global Human Resources Forum 2007 (Seoul October 2007), Session: Globalization, Foreign Workers and the Impact on Homogeneous Societies

Main Goal of Multiculturalism Social Cohesion “Diversity in Unity”

Subculture Diversity Unity Social cohesion is achieved through recognition and respect among cultures while each identifies with the larger community

Human Rights Law and “Diversity in Unity” SO, to ask the “functional impact” question, we need to identify and explore how human rights law can have an impact on this idea of “diversity in unity.”

Impact of Human Rights Law on the classic Nation-State model Koenig and de Guchteneire suggest that human rights law can have a transformative impact on the classic model of the nation state. Classic model: cultural homogeneity and identity of nation-state is unified. International human rights regime transforms this relationship; transformational impact has its source in the external human rights regime. However, I think a similar idea can be applied internally with implications for NHRIs. Koenig, Matthias and Paul de Guchteneire, eds., DEMOCRACY AND HUMAN RIGHTS IN MULTICULTURAL SOCIETIES (UNESCO 2007

Human Rights Law – National Identity Mechanism Key: State’s role as the guarantor of fair treatment in the context of a diverse society Human rights law, unlike other areas of law, is expressly concerned with fair treatment. In classic nation-state model, state is guarantor of fair treatment between members of same culture. After migration, natural mandate as guarantor of fair treatment extends to those not of the same culture. The very act of applying human rights standard in context of diversity expands nation-state identity. This creates a space between cultural homogeneity and the identity of the nation-state.

Classic Model of Nation-State State Homogeneous Culture

Classic Model of Nation-State and Migration State Homogeneous Culture Migrants and Migrant Cultures

Classic Model of Nation-State, Migration and Multicultural Policies State Homogeneous Culture Migrants and Migrant Cultures

Expanded identity of the State State Homogeneous Culture Migrants and Migrant Cultures

Expanded National Identity = “Diversity in Unity” State Majority Culture and “Migrant” Cultures in a Multicultural Society

Main Point Human rights law transforms the relationship between cultural homogeneity and national identity by expanding the identity of the nation-state beyond the original culturally homogeneous group

Policy Implications Vision statement that affirms an expansion of national identity beyond cultural identity as a function of “human rights.” Where NHRIs intend to align their human rights policies with multicultural policy, they should evaluate and prioritize their initiatives based on the likelihood of strengthening the expanded identity of the state

Policy Implications When NHRIs defends their human rights posture, more “modern government” rationale, less “International Standards” rationale. Government training should emphasize that it is “a government of the Republic of Korea,” not “a government of the Korean people” Urge government agencies to establish single overarching multicultural policy that is founded on an expanded view of national identity.