Multiculturalism and Human Rights Vijay K Nagaraj, ICHRP, Geneva Seoul, November 2008 DRAFT

Overview of the Presentation Part I: Multiculturalism, Culture & Group Rights Part II: Recognizing & Accommodating Difference Part III: Culture in/and human rights framework Part IV: Migrants, culture & human rights: principles and practices Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Part I: Multiculturalism, Culture and Group Rights Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Multiculturalism-What is it? Sociological dimension The objective element: Acknowledging the existence of a diversity of ethnic groups or differing cultures within a society The Subjective element: Tolerance for such diversity and difference Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Multiculturalism- What is it? Policy Dimension Tolerance Accommodation Protection Promotion Language; Education; Religious Practice; Personal Status; Employment; Literature and Arts Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Culture- What is it? “contested, hybridized, and dynamic” “Modernity is also a cultural system” Human rights is not a culture-free zone Culture cannot be a human rights-free zone Culture and human rights are both politically contested terrains (Merry, 2003) Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

UN Declaration on Minorities States are obliged to “take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards”. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Cultural Pluralism, Collective Rights and Individual Autonomy Multinational-- state with more than one culture, marked by distinct language, shared history and sense of nation and people Polyethinic-- state with extensive immigration of people of diverse cultures Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Kymlicka’s group rights – groups’ claim against their own members (‘internal restrictions’) – groups’ claim against state or society to protect their own identity and ways of life(‘external protections’) Justice within ethno-cultural groups for its individual members is as important as justice between ethno-cultural groups Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Disaggregating Culture “cultures are not moral entities to which we can owe obligations of fairness. Insisting that we should be fair to cultures merely as cultures is like insisting that we should be fair to paintings or to languages or to musical compositions....So, if we seek to deal fairly with cultural diversity, it is not cultures who will be the ultimate objects of our concern but the people who bear them.” (Jones, 1998) Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Disaggregating Groups Granting rights to a cultural collective as such would actually force it to define a “uniform set of interests” something that leads on the one hand to a freezing of culture and on the other opens the doors for dominant sub-groups within the culture to repress marginalised and dissenting voices. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Part II Recognizing and Accommodating Difference Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Recognising and Accommodating Difference How different must difference be to be recognised? Who is to tell this difference? What does such recognition mean? What are the limits? Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Limits to recognising difference First, difference must arise out of and express the normative aspirations of an integrated and ordered community Second, claims of difference should be honored only when they themselves honor the principle of difference they assert.... claims of "equal but different" honor principles of equality and of difference (Sarat and Berkowitz,1994) Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

What differences justify a differentiation in treatment? Differences which minority groups may choose to protect are the relevant differences, rather than oppressive distinctions ascribed in order to justify the reduction of rights Such differentiation in treatment cannot be an imposition and individual members of a groups have a right to accept it or not—an exit option Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

There must be a reasonable, objective and proportionate nexus between the relevant differences with its legal recognition to achieve equality of treatment In addition, there are also certain circumstances where it is appropriate to recognise the distinct cultural characteristics of particular groups, especially minorities. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Framework to Evaluate Justice Claims in a Multicultural context – Recognition (cultural injustices rooted in social patterns of representation, interpretation, and communication) – Redistribution (economic injustices rooted in economic structure-labour-market, wages etc.) – Political Participation (lack of political representation and voice in decision making) Intra-group equality inter-group equality (Stopler, 2007) Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Part III Culture in/and human rights framework Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Culture in/and Human Rights Framework Rights protected under article 27 ICCPR are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion Positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop their culture and language and to practise their religion Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Such measures must be non-discriminatory both as regards the treatment between different minorities and the treatment between the persons belonging to them and the remaining part of the population. Such measures must be aimed at correcting conditions which prevent or impair the enjoyment of human rights AND based on reasonable and objective criteria. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Culture, the Collective, Individual Autonomy and Rights The rights which persons belonging to minorities enjoy under article 27 of the Covenant in respect of their language, culture and religion do not authorize any State, group or person to violate the right to the equal enjoyment by women of any Covenant rights, including the right to equal protection of the law. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Where conflicts occur, a choice has to be made between what is in the general interest on the one hand and the interests of the individual on the other. The right to enjoy one's own culture in community with the other members of the group cannot be determined in abstract but has to be placed in context. Restrictions upon the right of an individual member of a minority or measures that have a certain limited impact on the minority way of life must be shown to have a reasonable and objective justification and to be necessary for the continued viability and welfare of the minority as a whole. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Right to religious belief is absolute Right to manifest such beliefs is not absolute and may be subject to “limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” COE Resolution 1464 (2005) Women and religion in Europe calls on states to refuse “to recognise foreign family codes and personal status laws based on religious principles which violate women’s rights, and ceasing to apply them on their own soil, renegotiating bilateral treaties if necessary;” Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Culture: Some human rights bottom lines? – People are bearers of culture and bearers of rights – Right to culture is not exercised in the abstract: every individual and collective claim to culture must be placed in context--inter & intra-group – A cultural claim must be evaluated with respect to its impact on the full range of human rights of all persons in context – Right to freedom of belief is absolute – Right to manifest ones belief is not absolute and maybe subject to legitimate restrictions Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Part IV Migrants, culture and human rights Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

“Fundamentally, the assimilation approach to integration and its dominant rhetoric of “acceptance of or adaptation to our values”, which demands that migrants and asylum- seekers literally divest themselves of their cultural, religious and, if possible, ethnic specificity, is not only a rejection of cultural diversity but also the reproduction and recycling of the historical cultural prejudice against the uncivilized non-European. ” A/HRC/4/19/Add.4 (SR Racism, 2007), Italy Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Four Key Principles Migration policy needs to be established, not only in order to manage irregular migration flows but also optimize benefits which international migration can bring to a country's development Discrimination is not only linked to cultural and historical xenophobia, but also, in different degrees, to the vast ignorance of migrants’ culture, history and values systems Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Broader efforts need to be made to prepare society for the arrival and integration of persons with different traditions, ensuring respect for their culture, religion and customs The promotion of multiculturalism is therefore the most appropriate way to transform this challenge into an opportunity of enriching society with more diversity and intercultural dialogue Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Some Practical Steps Promoting the knowledge of depth of the culture of migrant communities. Intercultural and interreligious dialogue Organization of foreign cultural festivals and creation of dynamic cultural centres, Importance of rights and cultural orientation in sending & receiving countries Tailor education to promote culture of peace and tolerance Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Interculturalism in Quebec Intercultural Québec in multicultural Canada—an attempt to achieve harmonisation in cultural accommodation Interculturalism as an integration policy: reconcile ethnocultural diversity with the continuity of the French-speaking core and the preservation of the social link within a liberal framework (Commission on Accommodation Practices Related to Cultural Differences, 2008) Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Interculturalism in Quebec: Key Principles a)institutes French as the common language of intercultural relations; b)cultivates a pluralistic orientation that is highly sensitive to the protection of rights; c) preserves the creative tension between diversity and the continuity of the French- speaking core and the social link; d) places special emphasis on integration; and e) advocates interaction. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

What does Quebec’s Interculturalism look like? Québec as a nation is the operational framework for interculturalism. Emphasizes interaction, in particular intercommunity action, with a view to overcoming stereotypes and defusing fear or rejection of the Other. Members of the majority ethnocultural and ethnocultural minorities, accept that their culture will be transformed sooner or later through interaction. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

Cultural, and, in particular, religious differences need not be confined to the private domain. It is healthier to display differences and get to know those of the Other than to deny or marginalize them. The principle of multiple identities is recognized, as is the right to maintain an affiliation with one’s ethnic group. Multilingualism is encouraged at the same time as French as the common public language. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT

To facilitate the integration of immigrants and their children, it is useful to provide them with the means to preserve their mother tongue, at least at the outset. Constant interaction between citizens of different origins leads to the development of a new identity and a new culture. The civic and legal dimensions (and everything that concerns, in particular, non- discrimination) must be regarded as fundamental in interculturalism. Vijay K Nagaraj, ICHRP, Multiculturalism and Human Rights, Seoul, November 2009, DRAFT