Integration of migrants and community relations

19 January 1993

Doc. 6741

1403-15/1/93-3-E

REPORT

on the integration of migrants and community relations

(Rapporteur: Mr WORMS,

France, Socialist)

Problem

As a result of post-war immigration to most Council of Europe member states, there are now large communities of migrants in these countries whose ethnic and cultural origins are different from those of the host society. Members of these communities often find themselves in a marginal situation, lacking the means to integrate effectively because of poverty, lack of qualifications, insecurity of residence, unfamiliarity with the host culture or deliberate or unconscious discrimination.

Society as a whole must adapt to this situation and overcome the obstacles to the integration of migrants, whose continued marginality is a source of social tension and conflict.

Proposals

The Assembly, giving its wholehearted support to the important recommendations contained in the final report of the Council of Europe's community relations project, urges member governments to promote widespread debate on them, and to give high priority to the Organisation's ongoing work in this field. In particular, the application of these recommendations should be monitored, national community relations policies should be examined and the problem of racial violence and xenophobia should be specifically addressed. Member governments are urged to set up national bodies to co-ordinate and promote integration and community relations policies, where necessary to sign the European and international conventions designed to improve the status of immigrants, and to support the establishment of a European centre for the exchange of information and experience on community relations.

I. Draft recommendation

1. From the 1950s to the early 1970s, both the recruitment of migrant workers to meet the manpower needs of the rapidly growing economies of Western Europe and the process of decolonisation led to a significant increase in immigration in many European countries.

2. Faced with the economic slow-down following the first oil crisis in 1973 and growing tensions between immigrants and the host population, the majority of these countries then began to impose restrictions on further immigration and even to encourage departures.

3. However, the vast majority of migrants stayed on, with second and third generations emerging. Not only that, but the flow of immigration began to rise again during the 1980s on account of family reunion, for example, and later with the liberalisation of Central and Eastern Europe. Moreover, the pressure is likely to continue unabated as long as world economic imbalances, differences in human rights conditions and demographic growth differentials persist.

4. The net result is that there are now large communities of migrants living in most Council of Europe member states whose ethnic origins and cultural background are different from those of the host society. Members of these communities often find themselves in a marginal situation, lacking the means to integrate effectively on account of economic disadvantage, lack of qualifications, insecurity of residence, unfamiliarity with the host culture or deliberate or unconscious discrimination.

5. Society as a whole must adapt to the new situation and overcome the obstacles to the integration of migrants, whose continued marginality is a source of social tension and conflict.

6. The final report of the Council of Europe's community relations project, carried out between 1987 and 1991 under the auspices of the European Committee on Migration (CDMG), provides a thorough analysis of the obstacles to integration and a wealth of recommendations on how to overcome them. The report deserves to be widely debated at local, regional and national levels, including by parliamentary committees, and governments should be urged to formulate and implement policies

which reflect the report's recommendations across a wide range of sectors.

7. Such policies should aim to ensure an adequate legal framework as a prerequisite for good community relations, stressing security of residence. The legal status of migrants must be clearly defined, consideration given to their participation in the political system, and anti-discrimination law publicised, strengthened and enforced. Codes of practice should be worked out and applied by professional bodies.

8. Poor employment prospects for migrants are bound to be a major cause of alienation. Policies should include a review of job training, combating illegal employment, promoting job creation at low skill levels and ensuring equality of opportunity. Targets should be set for recruitment. Trade unions can also encourage more open attitudes and practices.

9. Positive action should be taken in the context of education policies to eliminate the causes of underachievement. This might include extending pre-school provision, strengthening guidance and counselling and school-parent links, and organising acculturation classes for parents. Members of immigrant communities should be encouraged to become teachers. Adult education should be strengthened as a means to compensate for lack of qualifications. Teacher training and curricula should emphasise the need for all young people to take a positive, tolerant view of cultural diversity, and to reject racist or xenophobic attitudes and prejudices.

10. Housing is also a critical area where intervention is required to improve community relations. Not only must governments ensure an adequate supply of low-cost housing, but procedures for its allocation must operate fairly. Urban planning and renewal policies can and should promote an integrated balance between different social categories and ethnic and cultural groups.

11. Misunderstanding and tension are often characteristic of migrants' relations with the public services and authorities, from the immigration and health services to the police. Particular sensitivity is called for in those who deal with immigrants, members of ethnic groups and foreigners so as to avoid any kind of discriminatory or prejudiced treatment. Training and recruitment of public service personnel should take account of cultural and ethnic diversity.

12. Adequate measures are needed to combat ethnic and racial violence or harassment directed at migrants. They should include prevention through education, dissuasion through the law, intervention against perpetrators and support for victims. Particular attention should be paid to the presentation of incidents in the media, which should avoid stereotyping.

13. Because of their close involvement in the day-to-day life of the community, local authorities and other local agencies and associations have a key role to play in promoting good community relations. They should develop explicit strategies and release the necessary resources.

14. Community relations policies must strike a delicate balance between, on the one hand, protecting and promoting the expression of cultural diversity, including religious belief and values relating to the family, while at the same time insisting that all observe the rule of law and fundamental human rights that form the backbone of European society.

15. The Assembly therefore recommends that the Committee of Ministers:

i. urge member governments to promote active debate at local, regional and national levels on the recommendations contained in the final report of the community relations project, as reflected in paragraphs 7 to 13 above;

ii. give high priority to the Council of Europe's ongoing work on community relations, especially to the new project on "The integration of immigrants: towards equal opportunities", ensuring that it is provided with adequate resources;

iii. instruct the European Committee on Migration (CDMG), where appropriate in consultation with other Steering Committees, to include in its future work:

a. the monitoring of action taken in the member states to follow up the recommendations in the final report of the community relations project, to be reviewed at a European conference in two or three years time;

b. detailed examinations on a country-by-country basis of national situations and policies with regard to community relations;

c. the study of ways to maintain the relationship between migrants and their countries of origin, for example through appropriate policies on dual nationality or citizenship;

d. the examination of the cultural and social integration problems specific to migrant workers with temporary residence, engaged on long or short term contracts;

e. the analysis of the possible negative reactions by the host population against the participation of foreigners in public life at local level;

f. the exploration of some of the fundamental philosophical, legal and practical issues raised by the coexistence of a wide variety of cultural and ethnic groups in the community;

iv. consider the inclusion in the intergovernmental work programme of a multidisciplinary project specifically designed to address the problem of racial violence and xenophobia;

v. urge member governments to set up, where they have not yet done so, appropriate bodies to co-ordinate and promote policies on integration and community relations;

vi. give its support to the rapid establishment of a European centre for the exchange of information and experience on community relations;

vii. urge those member governments that have not yet done so to sign and ratify the various European and international conventions designed to improve the status of immigrants, in particular the European Convention on the participation of foreigners in public life at local level and the European Convention on the Legal Status of Migrant Workers;

viii. consider extending the provisions of the European Convention on Human Rights to cover discrimination on any ground.

II. Explanatory memorandum

by Mr WORMS

INTRODUCTION

1. This report focuses on the results of the Council of Europe's "community relations" project carried out by a committee of experts under the auspices of the European Committee on Migration (CDMG) between 1987 and 1991. The final report of the project uses the term "community relations" to refer to "the whole range of problems and opportunities resulting from the interaction between the majority or host population and the various migrant groups or ethnic groups of immigrant origin. Community relations deals not only with the integration of migrants into their new country, but also with how society as a whole and all its members need to respond to the presence of large numbers of people of different ethnic and cultural origins from the majority. Community relations policies are therefore directed not only towards migrants but towards the population as a whole" (para. 2).

2. There is a pressing need today to draw the attention of parliamentary and public opinion to the recommendations arising from the community relations project, and to urge governments to implement them, not least because recent violent incidents in some member states have demonstrated an alarming resurgence of discrimination, xenophobia and racism. It must be said straight away, however, that this report does not address the question of the control and management of migration flows or immigration policy per se, which involve decisions further back in the policy making process. It should also be pointed out that the report covers only migrant or ethnic groups who have arrived in recent decades (essentially the post-war period) and continue to arrive, not "historic" and in most cases territorially based national, ethnic, religious or linguistic minorities established for centuries in many member states.

3. The community relations project was multidisciplinary in scope - involving a range of inputs from many sources including the Standing Conference of Local and Regional Authorities, the Conference of European Ministers responsible for Migration Affairs, the Parliamentary Assembly, and several Council of Europe steering committees. Reports were commissioned from experts; conferences, colloquies and seminars held; and field visits organised to several major European towns (Birmingham, Berlin, Lyon, Barcelona and Stockholm). All these activities are listed in the final report of the project, which was discussed in detail at the Closing Conference held at The Hague on 25 to 27 November 1991. On 21 September 1992 the Council of Europe's Committee of Ministers adopted Recommendation No. R (92) 12 to member states on community relations, which is reproduced below in Appendix I. The project is being followed by a second, entitled "The integration of immigrants: towards equal opportunities", to run between 1992 and 1995.

4. The Parliamentary Assembly's main contribution to the community relations project, heralded by a debate on the improvement in Europe of mutual understanding between ethnic communities in April 1986, was the organisation of the European Days "Enjoying our diversity" on 25 to 27 November 1987, and the adoption by the Assembly of Recommendation 1089 (1988) on improving community relations. This contained practical suggestions as to how community relations could be improved, notably in relation to the Council of Europe's human rights protection machinery, intercultural education, the media, and migrants' participation in public life. These issues are discussed below. The Parliamentary Assembly subsequently adopted a number of recommendations germane to the community relations project: Recommendation 1093 (1989) on the education of migrants' children; Recommendation 1125 (1990) on the new immigration countries; Recommendation 1154 (1991) on North African migrants in Europe; and Recommendation 1187 (1992) on relations between migrants and trade unions.

THE FINAL REPORT OF THE COMMUNITY RELATIONS PROJECT

Immigrants in Europe

5. The final report begins with the salutary reminder that "the Europe we now know is to a considerable degree the product of migration down the centuries" (para. 15). As for our post-war era, the main features are well-known. There was a significant increase in immigration to many European countries during the 1950s, 1960s and early 1970s due to two principal factors: first, the recruitment of unskilled workers, mainly from southern Europe and North Africa, needed by the rapidly growing economies of Western Europe, and secondly, the process of de-colonisation. Besides these two sources, there was a less sizeable flow of refugees, initially from Eastern Europe but later from other regions of the world.

6. The economic slow-down after the first oil crisis in 1973 and growing tensions in many countries between the host population and the new migrants or "guest workers", as they were often euphemistically known, prompted many European countries to impose restrictions on further immigration and, indeed, to encourage departures.

7. However, not only have the vast majority of migrants stayed on, with second and third generations emerging, but after a brief halt, the flow of immigration began to rise again during the 1980s. Several factors were involved: a higher than expected rate of family reunion, a tendency to seek marriage partners in the country of origin, a sharp rise in the number of asylum-seekers, the influx into the "new immigration" countries of southern Europe, mainly from the Third World, a continuing "brain drain" also from the developing countries, and the growth in migration from the recently liberalised countries of Central and Eastern Europe. This new swell of immigration has been the cause of renewed tensions. As long as world economic imbalances, differences in human rights conditions and demographic growth differentials persist, the pressure to migrate is unlikely to be relieved.

8. The net result of these migration flows over recent decades is that substantial and diverse populations of different national or ethnic origins from those of the host population now live in most of the member states of the Council of Europe. Immigrants are now estimated to account for between five and ten per cent of the total. National, ethnic, racial and cultural diversity is now a characteristic and permanent feature of European society.

9. These groups of immigrants frequently find themselves in a marginal situation, lacking the means to integrate effectively in society, whether in regard to employment, housing, education, social services, or public life. This situation is due to the multiple disadvantages suffered by most migrants, partly on account of their generally low socio-economic status and insecurity of residence, partly because they are unfamiliar with the host culture, but also because of deliberate or unconscious discrimination.

10. European countries must act to overcome these obstacles to the integration of migrants, since their continued marginality is a source of social tension and conflict. The basic stance of the final report is "that the problems of community and ethnic relations are potentially serious but not insoluble, and that, if we really want to solve them, or at least prevent them from becoming too damaging, governments and many other social actors will have to take concerted action across a broad front" (para. 37).

Existing approaches to community relations issues

11. The final report goes on to describe the different approaches taken by various member states to community relations questions. A distinction is made between countries with and those without a colonial past, the former being considered a priori more fertile ground for successful integration than the latter, on account of traditional cultural ties. Approaches also vary according to the legal framework, labour market policies, prevailing views about cultural identity and the nature of the relationship between the state and the citizens. Despite this diversity of approach, the fundamental problems to be addressed remain basically the same in all countries: the adaptation of immigrant communities to the host society, and that of the majority population to multicultural, multi-ethnic reality. Hence a need to exchange information and experience between countries with a view to convergence towards common guidelines based on tolerance and justice, to be applied in individual countries according to their specific situations.

12. The final report next discusses the advantages and disadvantages of two approaches to policy-making on integration, with specific reference to the legal, socio-economic, and cultural domains. The first approach is simply to extend the application of existing general policy instruments to immigrants; the second involves introducing or adopting specific legislation aimed at improving their situation. Whereas nearly all immigration countries began by following the first approach, for example by extending the granting of residence status or freedom of association, the need was soon felt for specific integration measures, for it was found that neither extending the application of existing laws and rights nor the opening up of existing institutions ensured that immigrants made effective use of the opportunities and rights available to them. This is explained partly in terms of deliberate discrimination on such grounds as race or ethnic origin, partly in terms of "structural" discrimination, that is to say the fact that access to social institutions is governed by formal and informal rules, habits and procedures that are rooted in the dominant culture of the society in question. Those unfamiliar with these are handicapped, the more so to the extent that they also suffer from such cultural disadvantages as lack of language skills. The problem with specific integration measures, which have been applied in the areas of education, housing and employment, for example, is that they may be contested by the majority population, thus exacerbating division, and may encourage segregation.

13. More fundamental questions arise in relation to values considered essential to immigrant communities which clash with those held by the majority. These might concern the relationship between religion and the state, men and women or parents and children, for example. The extent to which cultural pluralism is accepted varies as between member states, but the final report accepts that the meeting of cultures has always been a dynamic process which generates further change, and that immigrants should be given space to develop their own cultural identity, without, however, infringing on human rights as conceived by the Council of Europe.

Towards a basic philosophy for community relations policies

14. The final report next spells out a basic philosophy for community relations policies. Such policies must first of all be based on the understanding that most immigrants in Europe will stay on, and that they form an integral part of a society that must be thought of as a single whole characterised by ethnic and cultural diversity. Secondly, governments have a vital and active role to play in creating the right conditions for good community relations, and should adopt explicit policies to this end, making sure that they are put into practice across the whole range of government action. The aim of such policies should be to promote migrants' integration into society on a more equal basis, as distinct from assimilation. The latter is defined as "the process by which immigrants gradually abandon their specific values, beliefs and opinions and become like the dominant population" (para. 54).

15. Such policies must ensure that legislation exists which guarantees equal opportunities for all, regardless of race, ethnic origin or immigrant status, and which prohibits discrimination and harassment on these grounds.

16. The final report rejects policy instruments which have come to be known as "positive discrimination", for example fixed quotas for immigrant or ethnic minorities or exemption from normal procedures, on the ground that these amount to a lowering of standards or to a substitution of one form of discrimination for another. However, the argument is advanced for measures to ensure that all individuals are effectively in a position to benefit from the equality of opportunity guaranteed by law as well as from access to the major institutions of society on an equal footing with the indigenous population. Such measures have come to be known by the term "positive action".

17. A further principle enunciated is that ethnic and immigrant communities should be allowed, within the limits of the law (even though the law is not immutable), to organise and express themselves in their own way and to develop their own lives and activities in accordance with their own wishes. Nevertheless they should be encouraged to develop a sense of belonging to their new society, and the extent to which they do this will depend largely on how far opportunities for responsible participation are opened up and xenophobic attitudes discouraged.

18. It is up to political leaders and public authorities to set the example by demonstrating open, welcoming and tolerant attitudes conducive to good community relations, and willingness to work with immigrant groups in formulating and promoting appropriate policies.

Elements of a community relations policy

19. The final report goes on to show how these principles can be applied in practice in different fields of government policy, and sets out precise recommendations to this effect.

20. The first area considered is the legal framework. The point is made that even though it is not possible to impose good community relations by law, an adequate general legal framework is a prerequisite. The list of areas of the law that are particularly relevant begins with that relating to immigration policy, which is outside the purview of the report except in so far as it impinges on community relations. Although the first principle is freedom to leave any country, this does not necessarily imply freedom to enter any country at will. As far as immigration control is concerned, the balance to be struck is delicate. As the report puts it: "most governments consider that a restrictive immigration policy is a necessary basis for good community relations because the host population will only be prepared to be open towards immigrants if they are assured that their numbers are not going to go on increasing indefinitely. On the other hand, unless immigration restrictions, and the way they are operated in practice, are perceived to be fair and reasonable, the message they convey to immigrants is that they are not particularly welcome in the society, that their presence is merely tolerated" (para. 102). (One might add the warning at this point that if, in order to placate the general population, intensive publicity is given to the tightening-up of immigration restrictions, this is likely to convey the implicit message to the public that immigrants do indeed represent a danger, thus exacerbing anti-immigrant, racist attitudes and aggravating community relations). The report goes on to recommend that "governments should, without prejudice to their right to determine immigration policy in the light of labour market and other considerations, take steps to monitor the way in which immigration control is exercised, so as to ensure that immigrants receive fair and courteous treatment irrespective of nationality or ethnic origin" (ibid.). In this connection, the report draws attention to the conclusions of the Colloquy on "Human Rights without Frontiers", organised by the Committee of Experts for the Promotion of Education and Information in the Field of Human Rights on 30 November and 1 December 1989 (document DH-ED (89) 21).

21. Once migrants have been admitted to the host country their legal status must be clearly defined. The European Convention on the Legal Status of Migrant Workers sets minimum standards but has been ratified by only seven member states to date (France, the Netherlands, Norway, Portugal, Spain, Sweden and Turkey). The United Nations International Convention on the Protection of the Rights of All Migrant Workers and their Families is more recent and comprehensive. In this context, the final report also draws attention to the "proposals for harmonising the legal situation of long-stay migrants in host countries" adopted by a committee of experts in March 1991. These proposals, reproduced in Appendix II below, are based on the view that although the acquisition by long-stay migrants of the nationality of the host country is desirable and should be facilitated, those who are unable or unwilling to acquire this should be offered "a high degree of security of residence and as many as possible of the rights enjoyed by nationals" (CDMG (91) 13 addendum 1).

22. Citizenship is of course the key to participation in the political system, where many decisions affecting migrants are taken. So far, established resident foreigners have been accorded only local voting rights in a limited number of states: the five Scandinavian countries, Ireland, the Netherlands, Portugal (on a reciprocal basis), Spain and two Swiss cantons (Neuchâtel and Jura). The European Convention on the Participation of Foreigners in Public Life at Local Level, opened for signature on 5 February 1992 and signed so far by Denmark, Italy, Sweden and the United Kingdom, seeks to define the civil and political rights which foreign residents should enjoy. Contracting Parties must accept the first chapter, which deals with the "classical" rights of freedom of expression, assembly and association as well as the involvement of foreign residents in procedures for the consultation of the local population. The second and third chapters, which are optional, deal respectively with the creation of consultative bodies or other institutional arrangements to represent foreign residents at local level, and the right of foreign residents to vote and stand as candidates in local elections. The Contracting States declare the options accepted on ratification. Needless to say the ratification and entry into force of this convention would be one means of helping to give immigrants a greater sense of belonging to the society in which they live. The final report of the community relations project goes a step further to argue that in so far as European integration is removing decision-making from the nation state, it may be that "residence rather than citizenship ought to be the major criterion for the attribution of rights and obligations by the state and for offering state protection" (para. 109).

23. The matter of anti-discrimination law is given extensive treatment in the report, discrimination being defined for the purposes of the report as "treating people unequally because of their national or ethnic origin or race". Religion is not included in this definition, although the report takes the view that the question of making discrimination on grounds of religion unlawful "is ripe for an exchange of views between experts from the member states" (para. 111). Although anti-discrimination provisions are included in most countries' constitutions, it has been found necessary to enact additional legislation to cover incitement to racial hatred, violence or discrimination, discriminatory behaviour by public officials, and discrimination in housing, employment, education and training, and the provision of goods and services by private individuals or institutions. The problem is how to enforce such legislation, since discrimination if often difficult to demonstrate. So the number of cases brought is relatively low, and the number of complaints upheld even lower. Nevertheless, specific anti-discrimination legislation should exist, because it demonstrates the official importance attached to non-discrimination, gives support to those who may find it difficult to resist social pressure to discriminate, and may act as a deterrent. The report also points out that civil remedies have proved effective in certain countries.

24. In any case laws must be supported by active measures to promote the effective use of the legal remedies available: public information campaigns; information and training for lawyers, judges and the police; guidelines for public prosecutors; publicity for court judgments; and advice and representation for those wishing to bring a case. Moreover, the final report specifically recommends that "in countries where such a body does not clearly exist, governments should consider setting up a body with specific responsibility for promoting and co-ordinating action on discrimination and equal opportunities for migrants and ethnic groups" (para. 118). This might be a commissioner or ombudsman, for instance.

25. Other aspects of the regulatory approach to anti-discrimination are the introduction of codes of practice for professional groups such as employers and estate agents, investigations in the field, and international instruments such as the International Convention on Civil and Political Rights and the United Nations Convention on the Elimination of All Forms of Racial Discrimination, both of which include optional and little-known provisions allowing individuals to bring complaints. Lawyers need to be informed about these possibilities, and reports on compliance should be made public. As for the European Convention on Human Rights, it also forbids discrimination, but only in respect of the enjoyment of the rights and freedoms recognised in the convention, "on any ground such as sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status" (Article 14). Thus, a discriminatory measure does not, as such, violate the convention unless it can be shown that it adversely affects the enjoyment of a right or freedom provided for in the convention. It may be time to consider, as the Assembly did for the first time in 1960 (Recommendation 234), whether the scope of this Article should not be widened, and not only to cover discrimination on grounds of sex as is presently contemplated.

26. Any policy to improve community relations must necessarily address the question of employment. The popular view that "immigrants take our jobs" is belied by the fact that immigrants are usually hardest hit by unemployment, and that they are often concentrated in the unskilled sectors that attract least competition from non-immigrants. Second and subsequent generations are likely to be alienated by dismal job prospects. Major causes of migrants' poor employment situation are inadequate qualifications and studies, insufficient job opportunities at suitable skill levels, underemployment (that is to say below the individuals' level of qualification) and discrimination, both deliberate and "structural" (see para. 12 above). The report recommends "that governments review their training policies for members of immigrant and ethnic communities, especially for young people, and make sure that they meet their particular needs" (para. 133). Measures designed to improve labour market opportunities might include combating illegal employment, promoting job creation at low skill levels (with public administrations taking the lead in their own hiring) and ensuring equal opportunities for immigrants who wish to set up their own businesses. Although the final report does not accept that ethnic quotas should be imposed on employers, considering this to be a form of reverse discrimination, it does approve the setting up of targets for ethnic recruitment.

27. To tackle the problem of discrimination in the job market, the final report recommends "that governments develop strategies for positive action aimed at achieving effective equality of opportunity for immigrants and members of ethnic groups" (para. 136). An example specifically recommended for consideration is "contract compliance" - the stipulation in government contracts that suppliers abide by a non-discriminatory personnel policy" (para. 137). Employers generally have a particular responsibility to promote equal opportunities within their firms, and are advised to develop strategies for intercultural personnel management in order to maintain harmonious community relations at work.

28. Trade unions can also contribute to improving community relations by encouraging members of immigrant communities into positions of responsibility, counselling those who have been victims of discrimination and reviewing their own policies and practices for possible discriminatory restrictions. Such recommendations are in line with those arising from the Parliamentary Assembly's recent colloquy and debate on relations between migrants and trade unions which resulted in the adoption of Recommendation 1187 (1992).

29. The final report, recognising that education must be a core element of any community relations policy, draws on the results of the work of the Council for Cultural Co-operation (CDCC) on education for a multicultural, multi-ethnic society. Two aspects in particular are emphasised: first, the need to maximise migrants' chances of developing their full potential and of acquiring the skills and qualifications they will need if they are to integrate sucessfully in the host country, and second, the need to educate all young people to take a positive, tolerant and constructive view of cultural and ethnic diversity, rejecting racist or xenophobic attitudes and prejudices. As for the first aspect, the report argues for positive action to eliminate the causes of underachievement characteristic of too many immigrant pupils. Such action should include stepping up pre-school provision so as to ensure that the language of instruction is understood and spoken before compulsory school age, acculturation classes for parents, strengthening school-parent links, greater availability of guidance and counselling and providing more out-of-school activities. Members of immigrant communities should be encouraged to become teachers, and community relations should be a feature of teacher education. The compensatory role of adult education is emphasised, as is the need for more information on the educational qualifications earned by migrants in their countries of origin.

30. The second aspect of education policy involves the broader question of how to prepare all young people for life in a multicultural, multi-ethnic society. Here the final report broadly accepts the principles and strategies underlying the concept of "intercultural education" worked out by the Council for Cultural Co-operation, that is to say that the presence of pupils of different cultures in the classroom should be seen not as a problem but as an asset which teachers should be trained to turn to advantage in encouraging intercultural understanding.

31. On some educational issues the report calls for more research: the effects of early mother-tongue teaching for migrants, for example, to discover how this affects both the ability to learn the language of the host country and the processes of socialisation, acculturation and integration. The report takes a critical stance on the question of separate schools for immigrant communities, arguing that despite the advantages they offer of allowing such communities to preserve and develop their own cultural identity, and sheltering them from the dominant society, they will tend to act as barriers and will often be too small to be self-supporting, so that they have to turn to the state or perhaps foreign financial backers. Hence the conclusion that "too much pluralism may lead to isolation and hamper the process of integration" (para. 83).

32. Addressing the problem of housing, the final report draws attention to the difficulty faced by most immigrant and ethnic communities of obtaining access to decent, affordable accommodation in areas of their choice. Since market forces have not solved the supply problem, the report considers that "governments must continue to discharge their responsibilities for ensuring the provision and maintenance of adequate low-cost housing" (para. 161). However, new construction should be on a more human scale than in the past. Governments can also add to the supply of low-cost housing through the operation of subsidies and by encouraging the development of housing associations run by immigrants themselves.

33. Discrimination in the allocation of housing appears to be widespread. According to the report, the key to its elimination is to "ensure that allocation procedures are conducted openly in accordance with objective or published criteria based on housing needs. Policies must be monitored and reviewed to ensure that they do not discriminate" (para. 165). To this end, the report recommends that data be collected on the ethnic and racial origin of applicants with a view to analysing the allocation process and its impact. Research is urgently needed on the whole question of housing discrimination, including comparative study of legislation. Preventive measures that can help are education and codes of good practice for the use of estate agents, landlords' organisations, etc.

34. The report rejects enforced dispersal of ethnic minorities (except possibly for the initial settlement of large influxes of refugees) and is categorically opposed to their enforced concentration. Recognising that immigrants may tend to be confined to particular districts by the operation of the housing market and the existence of discrimination, the report recommends that "housing, town planning and anti-discrimination policies should aim to open up for immigrants the same degree of freedom of choice of residence as is enjoyed by the rest of the population" (para. 171). Where concentration is the result of free choice, the report accepts that such communities can provide a stable, supportive environment.

35. Urban renewal and rehabilitation should not be undertaken without regard to the social consequences, and should be seen as wide-ranging programmes for integrated social development, taking into consideration the interests and views of all the parties concerned. Urban rehabilitation is a question not only of renovating or renewing housing, but also of revitalising the whole range of services necessary to a balanced community life. The report recommends that "a social audit should be carried out to see who will benefit from such schemes, how migrants in particular will be affected and how to ensure that the benefits are equitably distributed among all concerned. Objectives of a social nature should be seen as a fundamental part of urban rehabilitation schemes and there should be effective arrangements for monitoring progress in achieving them" (para. 174). In general, the report points out that "improving housing conditions and the environment makes such areas more attractive to the indigenous population as well, with the result that a more mixed population composition should develop naturally" (para. 173). However, the report notes that urban renewal often leads to "the involuntary exclusion of the former inhabitants" and may be socially counter-productive if the poor are vacated from their homes with a view to converting these to luxury accommodation. "Part of the solution lies in guaranteeing the existing inhabitants a voice in the planning process; but it may also be necessary to make building renovation grants to property developers conditional on offering accommodation to the original inhabitants at prices they can afford" (para. 178).

36. The report underlines that the support and co-operation of political leaders at all levels is essential in order to ensure that housing and town planning policies succeed in guaranteeing just treatment for migrants and ethnic groups.

37. It should go without saying that the staff of public services and authorities should be unfailingly courteous and efficient in their dealings with the public, but particular sensitivity is called for in those who deal with immigrants, members of ethnic groups and foreigners so as to avoid any hint of discriminatory, prejudiced, xenophobic or racist treatment. To this end, the training of public service personnel should take account, in its content and methods, of the increasing multi-ethnic, multicultural diversity of the population they serve. Immigration officers should receive adequate training for dealing with new arrivals, whose first impression of the host country will be largely determined by this first contact. Public services should recruit staff who are themselves of immigrant origin, and apply equal opportunities policies in their personnel management. As far as possible, public service jobs should be open to non-nationals.

38. The health service is particularly prone to difficulties of communication between personnel and migrant or ethnic clients, who may not share the norms and attitudes of the host society regarding health matters. It is suggested that interpretation services should be granted free to patients in need. In order to ensure that access to health and other public services is equally available to all sections of the population, including migrants and ethnic groups, refugees or other disadvantaged minorities, the report recommends that "the authorities responsible for service provision, both at central government level and at regional and local level, adopt explicit strategies for achieving equality of access for migrants and ethnic groups" (para. 192).

39. Turning to the question of crime, conflict and the police, the report makes the point that in general, in all member states, delinquency is higher among those whose social integration is inadequate. "As this is the case more often, relatively speaking, among ethnic and immigrant communities than among the population as a whole, it is not surprising that delinquency among these groups is also above average" (para. 195). Attention is drawn to the dangers, particularly where the media are concerned, of accentuating stereotyped images in this context. Reference is also made to the Committee of Ministers' Recommendation No. R (88) 6 on Social Reactions to Juvenile Delinquency among Young People Coming from Migrant Families, which puts a strong emphasis on preventive measures.

40. The report acknowledges that relations between immigrants and the police, who represent authority in the host country, are often tense, and recommends that serious consideration should be given to the implications of this for police training and recruitment. Training should include information about immigrant groups and emphasise that in all their contacts with them, sensitivity, tolerance, respect, openness and good interpersonal and inter-cultural skills are essential prerequisites of professional behaviour. The police should also be given training in management of community conflict and violence. Following up this recommendation, the Council of Europe organised a meeting in Strasbourg from 23 to 25 September 1992 on "police training concerning migrants and ethnic relations", which not only allowed for an exchange of information and views about how the police are trained in a variety of member states but also produced specific guidelines on the objectives, contents, methods and implementation of police training in this context (doc. MG-EO (92) 18). As for recruitment, the final report of the community relations project recommends that positive action should be taken to ensure that the composition of the police force reflects the ethnic diversity of the society it serves. The same principles should apply to the professionals of other institutions involved in the maintenance of law and order.

41. Increasingly, immigrant and ethnic communities have been victims of ethnic or racial violence and harassment, which the report describes as "a form of behaviour that is racist in its motivation and effect, and that needs to be understood as part of the wider tendencies towards exclusion and marginalisation that are affecting European societies today" (para. 201). In this context, the term "racism" is taken to incorporate also elements of "nationalism" or "xenophobia". Such acts do not always involve extreme physical violence, but may involve threatening and fear-inducing behaviour. Extremist political groups affect the incidence of ethnic or racial violence and harassment usually indirectly, by creating a climate in which such behaviour can be rationalised and legitimated. In the view of the report, "adequate measures to deal with ethnic or racial violence and harassment should be based on three components: supporting victims, tackling perpetration and preventive action by means of legal and other instruments" (para. 203). These measures are spelt out in detail in a recently published Council of Europe report on racial violence and harassment in Europe (document MG-CR (91) 3 rev. 2) which contains recommendations to governments and check-lists for action by all the relevant agencies at national level.

42. Because of their close involvement in the day-to-day life of the community, local authorities and other local agencies have a key role to play in developing good community relations. The final report recommends that "local authorities develop explicit policies and strategies for improving community relations and make available the necessary budgetary resources" (para. 207). This recommendation was taken up and elaborated in the so-called "Frankfurt Declaration - Towards a new municipal policy for multicultural integration in Europe" adopted at the Conference on "Multiculturalism in the City - the integration of immigrants" meeting in Frankfurt/Main on 29 to 31 May 1991. This text emphasises the need to give local authorities wider powers in the field of integration policy, highlights the basic rights of immigrants and the principle of non-discrimination and calls for effective participation by immigrants in local political life, a pluralist cultural and education policy, intercultural social action, and policies for labour market integration, town planning and housing. These principles are endorsed in Resolution 236 (1992) of the Standing Conference of Local and Regional Authorities of Europe "on a new municipal policy for multicultural integration in Europe and the Frankfurt declaration", on which the Parliamentary Assembly gave a favourable opinion on 7 October 1992. The resolution also calls for wide dissemination of these recommendations, measures to publicise integration issues, and exchange of experience on integration policies between European towns.

43. The final report of the community relations project goes on to point out the useful role of associations set up by immigrant and ethnic communities. These usually aim to maintain the cultural identity and/or represent the interests of these groups. The report takes the view that such associations can often be appropriate channels for public funds for a variety of operational projects in such areas as housing, vocational training or social work. The report also notes and welcomes the work of voluntary associations and the churches, as well as the first steps by immigrant and ethnic communities to organise their interests at European level.

The cultural dimension

44. In its last chapter, the final report addresses several issues related to the cultural dimension where conflict can arise between the values of immigrant communities and those of the host country: the relationship between cultural communities and the state; the role of religion in a multi-faith society; family law and family relations; cultural life and the arts; and the role of the media. While endorsing the view that cultural diversity is a source of enrichment to all concerned, the final report recognises that where customs, practices and lifestyles of immigrant and ethnic groups conflict with those of the indigenous population, "it becomes necessary to find a modus vivendi which gives due weight to the legitimate aspirations of all concerned" (para. 219). However, although public authorities obviously have a role here, they are subject to a strong tradition in Europe that they should as far as possible and within the limits of the law and human rights allow individuals the freedom to live according to their own views and beliefs. The report recommends that governments should not over-emphasise the cultural aspects of community relations policies so as to avoid "having to enter into debates about the advantages and disadvantages of certain culturally inspired practices and expressions... The main task of public authorities should be to create the necessary pre-conditions of good and equitable community relations, through legal and social measures in particular" (para. 223). Nevertheless, the report "recommends that the right of individuals and communities to maintain and develop their cultural identity should be re-affirmed and that it should be made clear that this does not have to be a barrier to integration"

(para. 224).

45. On the specific subject of religion, the report recommends that within the limits set by human rights, all religious groups should be free to practice their beliefs. It points out that where religious practices have conflicted with the law there have sometimes been reforms to accommodate them. Many problems can be solved with a degree of flexibility, mutual understanding and good will promoted by dialogue between the parties involved. Where the state has traditionally entered into agreements with the (predominantly) Christian churches, the report recommends that, as a general rule, such arrangements, which may sometimes include forms of financial support by the state, should also apply to other religions.

46. The report reminds us of the prevalence in European countries of secular family law, the subject of accommodation with religious family law over centuries, and raises the problem of religous family law where it is judged to be in conflict with certain basic principles of the domestic law of the host country. The report does not accept that the family law of immigrant or ethnic groups should necessarily become part of domestic law; "on the other hand, greater flexibility in the application of the existing law or custom of European countries can in many cases go a long way towards satisfying the legitimate expectations of immigrant groups" (para. 281).

47. The report emphasises the rich contribution that immigrant and ethnic communities make to the cultural life of Europe. However, participation in cultural life may be hampered because of unfamiliarity with existing procedures and practices, which may be biased towards the predominant culture of the host country. The report therefore recommends that steps should be taken to encourage immigrants to participate in cultural life, and also encourage the expression and development of ethnic arts. More attention should be given to the role the arts can play in the integration of immigrant and ethnic communities.

48. The public's perception of immigrants, ethnic groups and community relations issues is very strongly influenced by the media, which may strengthen existing stereotyped images. On the basis of the conclusions of the Colloquy on "Migrants, Media and Cultural Diversity" organised by the Council of Europe at Noordwijkerhout (Netherlands) in 1988, the report recommends that without prejudice to the principle of press freedom, it is important that immigrants should be able to receive the information they need, and express themselves, through the media. The report also recommends two practical measures: first, the creation of an annual European Media Prize "for the news publication or broadcasting network which contributes best to (a) giving a complete and balanced image of immigrant and ethnic communities, (b) promoting the participation of minorities in the media, and (c) improving community relations" (para. 257); and secondly, the establishment of a European Production Fund to stimulate the production and distribution of multicultural programmes" (para. 258).

49. Following up some of these issues, a Conference on "European Television and Immigration" was held in Paris on 11 to 14 June 1992 and a Conference on "Public Broadcasting for a Multicultural Europe" was held at Noordwijkerhout (Netherlands) on 15 to 17 October 1992 under Council of Europe auspices. With a view to public service broadcasting playing a more active role in promoting harmonious community relations, the latter conference examined employment and training policies, stereotyping and negative images in the media, broadcasting by ethnic minorities, and ways to challenge racism and xenophobia through the media. These questions will also be discussed in a forthcoming report on migrants, ethnic minorities and media to be presented to the Assembly on behalf of the Committee on Migration, Refugees and Demography.

50. The final report concludes that its recommendations "imply a sustained commitment by governments across many areas of public life over a period of many years" and that "the only satisfactory way of tackling the complex and interlocking aspects of community relations is by means of an integrated overall strategy" (para. 284).

FOURTH CONFERENCE OF EUROPEAN MINISTERS RESPONSIBLE FOR MIGRATION AFFAIRS

51. After examining the final report of the community relations project just described, the European Ministers responsible for Migration affairs, meeting for their fourth conference in Luxembourg on 17 and 18 September 1991, affirmed that "the economic and social integration of migrants lawfully settled in European countries is a matter of top priority". In their final resolution, they declared:

"that governments need to adopt explicit policies on community relations questions and to ensure that they are put into practice across the whole range of government action;

that an active policy in the field of community relations should be based on the following principles:

- security of residence for lawful migrants, especially those who have lived in the host country for many years;

- determined action to bring about real equality of opportunity, especially in the fields of training, employment and housing, and to combat all forms of discrimination;

- effective measures to combat racism and xenophobia, including both well-designed measures in the field of information and education and the enactment of appropriate legislation;

- encouraging the fullest possible participation of migrants and persons of immigrant origin in the life of the society of the country in which they live;

- an attitude of openness towards the cultural life and customs brought by migrants in so far as they are compatible with national law."

The Ministers also invited governments to examine carefully the final report of the community relations project, decided to disseminate the report as widely as possible and to promote debate on it, and asked for the Council of Europe's activities on integration and community relations questions to be continued and developed.

THE HAGUE CONFERENCE

52. The Closing Conference of the community relations project was held in the Hague from 25 to 27 November 1991. The objective was to present and discuss the final report as a first step in the public debate on it. The conference focused on three broad aspects of the subject: the legal, the socio-economic and the educational and cultural. Participants made a strong plea for the setting up, in those member states in which it did not already exist, of an organ especially responsible for promoting and co-ordinating action to combat discrimination and to encourage equal opportunities for migrants. The conference also called for steps to be taken to improve relations between migrants and the police, and for effective and sustained action against harassment or violence of a racist nature. A further important outcome was the recommendation to set up a European centre for exchange of information and experience on community relations which would have four main objectives:

- to facilitate the analysis of the various projects set up in the Council of Europe member states

- to promote co-operation between these projects

- to provide easier access to information and documentation

- to establish channels of communication between the Council of Europe, the member states, regional authorities and ethnic minorities.

CONCLUSIONS

53. The final report of the Council of Europe's community relations project provides a comprehensive discussion of the background and current situation of community relations in Europe today, together with an acute analysis of the problems involved and a wealth of recommendations designed to promote the integration of immigrants and ethnic communities into the host society. This integration is an indispensable stage in the construction of an open European society that respects and protects minorities and ensures justice for every individual. European society is now characterised by wide cultural and ethnic diversity - it must be uniformly just in its treatment of its diverse elements. This is not only a matter of justice. It is also a question of ensuring that Europe's economic, social and cultural development remains dynamic. Division and conflict are not conducive to social progress. Nor are community relations only a matter for minorities - society as a whole must adapt to the new context created by the presence of migrants. The real challenge facing integration policy is to achieve a balance between, on the one hand, acceptance of cultural and ethnic diversity as a positive asset, together with all the measures that are necessary for its preservation and promotion, and on the other hand, equality of treatment for all in terms of rights and duties, implying unwavering respect on all sides for the rule of law and the human rights principles which, as distinct from custom, form the backbone of European secular societies. It is the task of integration policy to manage the tensions that are bound to arise between these two conceptions. This is sometimes difficult, as recent events attest, and there is an urgent need for a more determined response by the Council of Europe to the challenge of racism and anti-immigrant political movements. Nevertheless the recommendations of the community relations project provide an excellent basis for the development of harmonious community relations, and deserve the Parliamentary Assembly's full support.

54. There is an urgent need for the governments of the member states to devise and implement national community relations policies based on the project's recommendations. To this end, the final report should be very widely disseminated and debated at national level. Its recommendations should be carefully scrutinized by the appropriate parliamentary committees, national and local government agencies, non-governmental organisations and associations, the press, etc. This process of national examination and discussion will be facilitated by the fact that the report is or will be available in an unusually wide range of languages: English, French, German, Italian, Spanish, Dutch, Swedish, Finnish, Russian, Hungarian and Romanian. Following this process, in two or three years' time, a major European conference should be held in order to review progress made.

55. Meanwhile strong support should also be given to the Council of Europe's ongoing work on community relations. It is important that the new project on "The integration of immigrants: towards equal opportunities" should be provided with adequate resources. The idea of establishing a European Centre for the exchange of information and experience on these matters, which would be an invaluable resource for national policy-makers, should be quickly implemented. Future work might also include detailed examinations of national situations with regard to community relations - designed to promote constructive dialogue between European and national experts. There is also a need to explore further some of the fundamental philosophical issues raised by the meeting of different cultures and their values.

56. Member governments should also sign and ratify, where they have not yet done so, the various European and international conventions designed to improve the status of immigrants, in particular the European Convention on the participation of foreigners in public life at local level and the European Convention on the Legal Status of Migrant Workers (cf Appendix III).

APPENDIX I

RECOMMENDATION No R (92) 12

of the Committee of Ministers to member states

on community relations

(adopted on 21 September 1992)

APPENDIX II

PROPOSALS

for harmonising the legal situation

of long-stay migrants in host countries

The following proposals are applicable to the foreigners defined in paragraph 1.

1. Foreigners, the purpose of whose residence is not expressly restricted and who can prove that they have habitually resided on these terms in a host country for an uninterrupted period of five years, in accordance with the regulations of that country, are considered to be long-stay migrants.

2. Except in extremely urgent cases and where it is imperative to do so for reasons of state security or law and order, such foreigners may be expelled only in exceptional circumstances either with the approval of a board of judges or by virtue of a decision taken by an independent and impartial authority established by law, appeal to which has suspensive effect.

Particular protection against expulsion shall be afforded to foreigners having family ties with a national of the host country, those who were born in the host country or came to it at an early age, and those who have not received a non-suspended prison sentence of least a year.

A foreigner under the age of sixteen may not, under any circumstances, be expelled.

3. The members of the family of a long-stay migrant authorised to live in the host country for purposes of family reunion and actually living with that migrant shall themselves be considered long-stay migrants at the latest one year after their entry into the host country.

The following shall be considered members of the family:

- the spouse;

- unmarried children below the age of 18, whether or not they are the children of both spouses;

- children over the age of majority who are dependent for reasons of disability or illness.

4. A residence permit valid for at least ten years shall automatically be issued to such foreigners and renewed. It is referred to hereinafter as a "permanent residence permit".

When this permit is issued or renewed, the charge may not exceed the amount of dues and taxes charged for the issue of identity cards to nationals.

Reasons shall be given for any decision to refuse to issue or renew such a permit, and the applicant shall be notified of the decision and informed of the means of appealing against it and the time limit for such appeals.

In the event of refusal to issue or renew such a permit or if no decision has been taken within six months of the date on which the application was lodged an appeal shall be lodged with an independent and impartial body established by law.

5. Absence from the host country shall not entail forfeiture of the right to reside there unless the period of absence exceeds one year. In so far as the foreigner maintain his or her centre of interest in the host country, this period may, at his or her request, be extended.

6. A permanent residence permit shall allow its holder to engage in any occupational activity, whether as an employee or in a self-employed capacity. It shall ensure access to any employment in the private or public sector, except jobs included in an exhaustive list and involving real direct or indirect participation in the exercise of public authority and the protection of the general interests of the state.

7. A permanent residence permit shall entitle its holder to the same welfare benefits and advantages as those enjoyed by nationals, and to schooling and vocational training.

8. Ways should be sought of facilitating movement on the territory of member states for a maximum of three months for holders of permanent residence permits.

Conclusion

The member states are invited to co-operate in every way possible in order to harmonise their standards along the lines set out above.

APPENDIX III

Chart of signatures and ratifications

No 144

APPENDIX III

Chart of signatures and ratifications

No 93

Reporting committee: Committee on Migration, Refugees and Demography.

Budgetary implications for the Assembly: None.

Reference to committee: Doc. 6494 and Reference No. 1749 of 18 September 1991.

Draft recommendation: unanimously adopted by the committee on 12 January 1993.

Members of the committee: MM. Flückiger (Chairman), Cucó, Gassner (Vice-Chairmen), Mrs Aguiar, Mrs Arnold, Mrs Astgeirsdottir, MM. Attard Montalto, Biefnot, Billing, Böhm, Brennan (Alternate: O'Brien), Brito, Eisma, Fava, Fiorini, Foschi, Fuhrmann, Galanos, Galley, Ghesquière, Grussenmeyer (Alternate: Worms), Mrs Hacklin, Mr de Hoop Scheffer, Sir John Hunt, MM. Iwinski, Karcsay, Kiliç, Kiratlioglu, Lord Kirkhill, Mr Konen, Mrs Mascher, Mr Pahtas, Mrs Persson (Alternate: Mr Franck), Mrs Robert, MM. Sarafopoulos, Siwek (Alternate: Piskorski), Skaug, Ms Szelényi, Mr Vázquez (Alternate: Rodriguez Gomez).

N.B. The names of those members present at the meeting are printed in italics.

Secretaries to the committee: Mr Newman and Ms Nollinger.