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Rights of Migrants in a Multicultural Society
Experiences of migration and multicultural policy in Europe Ciarán Ó Maoláin
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Defining Europe The European Union 27 states 495 million people
18.5 million migrants 65 official languages
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Defining Europe The Council of Europe 47 states + 1 candidate
800 million people 133 official languages
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Council of Europe instruments and agencies
European Convention on Human Rights European Court of Human Rights Framework Convention for the Protection of National Minorities Advisory Committee on the Framework Convention European Charter for Regional or Minority Languages Venice Commission European Commission against Racism and Intolerance Parliamentary Assembly of the Council of Europe
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European Union instruments and agencies
common migration policy Schengen system Common Basic Principles for Immigrant Integration Policy Common Agenda for Integration former European Monitoring Centre on Racism and Xenophobia: now Fundamental Rights Agency European Commission anti-trafficking work European Social Fund European Fund for the Integration of Third-Country Nationals European Refugee Fund
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Other European structures
Organisation for Security and Co-operation in Europe High Commissioner on National Minorities
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National human rights institutions
17 NHRIs in Council of Europe states (“European Group”) + at least 65 other rights-based institutions Many activities in relation to migration and multiculturalism: Migrant Workers Convention public commitments to accessibility and equality legal responsibilities in anti-discrimination materials in migrant languages co-operation among NHRIs legislation and policy advice
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National human rights institutions
Many activities in relation to migration and multiculturalism: investigations on migration, citizenship, asylum anti-trafficking work challenging discrimination by public authorities implementation of European Union programmes work for Roma, Gypsy and Traveller communities protection of emigrants abroad joint working with representative NGOs
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Specialised anti-discrimination institutions
Remit to combat racism and discrimination May be part of NHRI May collaborate with NHRI More likely to exist in countries that have accredited NHRIs Where absent, special responsibility on NHRIs
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Promotion of inter-cultural relations
Prevention is better than cure Promote intercultural understanding and tolerance, reduce hostility to migrants European Year of Intercultural Dialogue, and EU research Council of Europe declarations National plans and strategies
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Educational initiatives
Advisory Committee on the Framework Convention Commentary on education: right to education right to equality in education education as a tool for: preserving identity eliminating discrimination promoting integration and tolerance professional training safe environment for minorities
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The media access to the media
including minority presence in mainstream media right to create and use media in migrant/minority language representation of migrants and minorities in the media
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Participation in public life
Advisory Committee on the Framework Convention Commentary on participation: comprehensive laws against discrimination adaptation of public services to special needs eliminate unjustifiable barriers participation in politics and the legislative process consultation mechanisms minority participation in public service, judiciary etc.
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Europe does not have all the answers!
Impact of global recession Rise of xenophobic parties Islamophobia Detention of asylum seekers NHRIs and other institutions vulnerable to budget cuts
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Conclusion NHRIs must respond to particular needs of migrants
Potential role for a specialised anti-discrimination agency Promote inter-cultural dialogue Involve minorities in monitoring human rights obligations Integrate as equals, reject assimilationist approaches A challenge for institutions, for activists, for everyone
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