1. Introduction
1. The number of migrants in Europe
is constantly rising. It is a phenomenon which is likely to continue
as birth rates fall, the population ages and Europe remains hungry
for workers who come both legally and illegally into Europe.
2. The International Organization for Migration (IOM) estimates
the
number of migrants living in Europe in 2005 at 64.1 million, representing
8.8 % of the population. Three years on, the figure now will be
much higher, especially if the substantial number of irregular migrants
within Europe’s borders are taken fully into account. Any analysis
of the state of democracy in Europe therefore needs to take into
account the extent to which this vast number of migrants and their
communities engage with and are involved in the democratic process.
3. It is at the heart of democracy that all members of a community
should have a share in the decision-making process relating to that
community. Migrants can make an important contribution to the communities
in which they live and there is an increasing awareness across Europe
that they should be given a “fair share” in the political process
and allowed to participate fully in the political, social and cultural
life of member states of the Council of Europe. This means much
more than just engagement in the political process. Many features
of contemporary society are organised on democratic principles,
whether in sport, the arts, schools, churches or charities and the
governance of a wide range of organisations increasingly depend
on management committees and boards of trustees or governors. More
often than not committee or board membership is determined by the
electoral process and the willingness of individuals to take on
the responsibility of management and supervision on a voluntary
basis.
4. With growing awareness of the vital importance of integration
of
migrants into local communities, much greater effort should be made
by member states of the Council of Europe to encourage migrants
to get involved in local grass roots associations and clubs and
to encourage these organisations to be receptive to migrants. This
can be an important first step towards increased involvement in
the political process by migrants who may increasingly come to recognise
the relevance of participation in affecting change in their local
community and society in general.
5. Democratic participation should also be seen in the context
of access to services such as health, education and housing. Such
access must be based on the principle of fair procedures and access
to legal redress. This is particularly important when considering
the rights of migrant children, elderly migrants and migrants facing
social exclusion. In all these areas a sense of fairness, equity
and justice is the prerequisite of ensuring that migrants feel able
to integrate into the communities where they live.
6. Integration should always be seen as a two-way process, implicating
both migrants and the population at large and requiring mutual recognition
by all those involved.
7. Such integration brings with it an understanding of shared
values and respect for cultural differences which are essential
for democratic development. So the challenges of democratic participation
and integration of migrants are very much interlinked and can be
viewed as mutually reinforcing elements.
8. Democratic participation across Europe remains low and this
is the case not only for migrants but also for the population at
large. For migrants, however, this democratic deficit is greater
and even greater for migrant women.
9. This report therefore intends to look at how democratic participation
for migrants can be improved and the legal, political and structural
steps that can be taken to facilitate this. It also plans to look
at the issue of integration and how this can have a bearing on democratic
participation and how democratic participation can in turn have
an influence on integration.
10. Improving the democratic participation of migrants is not
something that can be done overnight. It is a complicated multifaceted
issue that requires sustained effort over time. In Belgium, for
example, the right to vote for third country nationals at local
elections was only won after a long battle, and after tackling strong
anti immigrant sentiments.
11. Democratic participation can take place at different levels.
It can take place at local, national or European levels. It is perhaps,
however, at the local level that democratic participation is the
most effective and relevant for migrants, in particular if naturalisation
is not an option.
12. Democratic participation is important for all migrants whether
they come from the first or later generations. This report will
concentrate, although not exclusively, on the challenges faced by
first generation migrants. The earlier their opportunities for democratic
participation the greater their chances for successful integration
and democratic participation. Democratic participation can also
take place in the country of origin of migrants, and migrants should
be encouraged to continue such participation where relevant. This
issue is not, however, dealt with in the context of this report.
13. In preparing this report the rapporteur would like to recognise
the support and advice of all those involved in the consultation
process. He would particularly like to thank the Migration Policy
Group (MPG) and the Churches Commission for Migrants in Europe (CCME)
for their guidance.
2. Understanding the democratic participation
of migrants in the context of the population at large
14. Democratic participation can
take many forms. It can include political participation in terms
of voting and standing for election, it can include exercising other
political rights such as freedom of expression, thought, con science
and religion. It can cover freedom of association, including participating
in political parties, joining trade unions, demonstrating, etc.
Furthermore it can include participating in civil society whether
this be taking part in associations, including specialised associations
for migrants, church organisations, school associations, etc.
15. What is important to note is that participation in any of
these activities is likely to have a spillover effect into other
activities. The more confident a migrant is in taking part in any
single form of participation, the more likely he or she is to widen
that experience.
16. It is extremely difficult to quantify the level of democratic
participation of migrants across Europe and much more research is
needed in the future. There is, nonetheless, a range of academic
studies which point to low levels of democratic participation of
migrants, including for Europeans living outside their countries
of origin.
17. One of the important sources for this type of information
is the European Social Survey.
Taking
the statistics from this survey a study has been done of civic participation
rates of migrants in 22 European countries.
In Germany the participation rate of nationals
was found to be 57.9% while the figure for migrants was much lower
at 34%. For France the rates were 53.2% for nationals and 48.1%
for migrants. For Hungary the rates were 19.7% and 17.2% and for
Estonia the figures were 17.7% and 14.8% respectively for nationals and
migrants. It is interesting to note, however, that not all countries
had lower participation rates for migrants. In Portugal, for example,
the rate for nationals was 18.1% and it was 22.4% for migrants.
18. This survey also examined overall the civic participation
of natives and migrants in terms of membership of trade unions and
parties, work for political parties or action for other groups or
associations and symbolic action (signing petitions, demonstrating,
etc.). Here the overall participation rate for nationals was 49.83%
of natives while only 38.96% of immigrants were found to be active.
19. Higher disparities of participation will, of course, arise
when one looks specifically at some of the political forms of participation,
in particular where there are legal restrictions on the right to
vote or the right to form and join political parties.
20. When looking at migrants’ participation it is important to
take into account that migrants are not a homoge nous group. They
come from different countries and often have very different life
experiences. The extent of their participation in their host country
will depend on a range of factors. These can include:
- the level of democratic participation
generally in their home country;
- the level of their own experience or that of their family
before migrating;
- the level of engagement generally in the host society;
- the cultural links and proximity between the home country
and the host country;
- the level of individual motivation of the persons concerned;
- the level of their integration and factors that promote
integration in their host country.
21. Research has shown that each of the above has a positive influence
on the level of democratic participation of the migrant. Another
important influence is the life experience of the persons concerned (whether
they are highly skilled workers, refugees, students, seasonal workers,
per sons joining a spouse under family reunion, irregular migrants,
first or second generation migrants, etc.). A further important differential
is whether the migrant is a European Union national or not.
22. It is clear that some ethnic or national groups are more active
than others in Europe. In one research project it was found that
eastern Europeans tended to be less active than Asians, Latin American
and Africans. Russian and Albanian migrants were found to be amongst
the least active, while Iranians and Indonesians were shown to be
the most active.
23. In devising measures to improve the democratic participation
of migrants it is therefore important to take into account the myriad
of different experiences of migrants and the different factors affecting
their levels of participation and integration. In devising measures
states should not consider measures as mutually exclusive “either,
or” options, but rather as interlocking mechanisms for promoting
the democratic participation of migrants. For example, granting
the right to vote at a local level does not excuse a state from
examining the need for establishing consultative bodies or providing
support for migrant associations or other civil society initiatives
affecting migrants.
3. The
role of the Council of Europe in improving the democratic participation
of migrants
24. The Council of Europe attaches
the utmost importance to improving the democratic participation
of migrants. The Assembly has played, and will continue to play,
a major role in seeking to achieve further progress in this area.
The Assembly believes such progress to be critical in reducing xenophobia
and racial tension.
25. The Assembly has adopted
Recommendation 1500 (2001) on the participation of immigrants and foreign res idents
in political life in the Council of Europe member states. The Council
of Europe has its own Conventions on the Legal Status of Migrant
Workers (ETS No. 93), on Nationality (ETS No. 166) and on the Participation
of Foreigners in Public Life at Local Level (ETS No. 144). The Congress
of Local and Regional Authorities of the Council of Europe has carried
out important work on the issue and has adopted
Resolution 141 (2002) and
Recommendation
115 (2002) on the participation of foreign residents in local public
life: consultative bodies,
Resolution
181 (2004) and
Recommendation
153 (2004) on a pact for the integration and participation of people
of immigrant origin in Europe’s towns, cities and regions. The Congress
has also published a “handbook” on local consultative bodies for
foreign residents.
26. In the intergovernmental sector, the European Committee on
Migration (CDMG) works on many issues involving integration of migrants
and as far back as 1992, the Committee of Ministers
in a recommendation on community relations
called for encouraging “the fullest participation of migrants and
persons of immigrant origin in the life of the society of the country
in which they live”. The CDMG has published a series of reports
as part of the Community Relations project
together
with a Framework of integration policies.
The
Committee of Experts on Democratic Participation and Public Ethics
at Local and Regional Level examines regularly,
inter alia, obstacles for acceding
to the Convention on the Participation of Foreigners in Public Life
at Local Level and at the Conference of European Ministers responsible
for Local and Regional Government (Valencia, 2007)
the ministers emphasised
“the importance of securing the effective and appropriate participation
of all, both citizens and foreign ers, in public life at local level”.
27. The European Commission for Democracy through Law (Venice
Commission) has in the past looked at con stitutional impediments
to participation of migrants in elections. Moreover, the Code of
Good Practice in Electoral Matters drafted by the Venice Commission,
supported by the Parliamentary Assembly
and
by the Congress of Local and Regional Authorities of the Council
of Europe,
and
which the Committee of Ministers encouraged member states to take
account of,
provides
that “it would be advis able for foreigners to be allowed to vote
in local elections after a certain period of residence.”
28. The European Commission against Racism and Intolerance (ECRI)
regularly monitors all member states of the Council of Europe and
adopts general policy rec ommendations on all forms of discrimination,
racism and intolerance. Within the context of its country by country
reports, integration is one of the themes regularly covered.
29. The Advisory Committee on the Framework Convention for the
Protection of National Minorities reg ularly monitors the effective
participation of persons belonging to national minorities under
Article 15 of the framework convention
and has published in
2008 a com mentary
on the issue. While this
applies to national minorities it also has a relevance to migrants.
30. In the course of this report, further reference is made to
some of the above work and also other activities of the Council
of Europe relevant to the democratic participa tion of migrants.
4. Integration
as the key to participation
31. The preface to the
Handbook on integration for policymakers and
practitioners sums
up eloquently the reasons why integration is essential for our European
societies:
“Integration of immigrants
is vital for social cohesion and economic development. To enable
immigrants to feel part of our society we must treat them fairly,
and ensure that they have the right tools to participate fully in
our societies. Integration is a continuous, twoway process which
is based on mutual rights, and corresponding obli gations both of
immigrants and of the host society.”
32. The Ministers responsible for Migration Affairs of the Council
of Europe at their 7th Conference in Helsinki underlined the importance
of this integration and the need for this to be a twoway process.
In the Final Declaration
they undertook:
“to promote an open and welcoming
society and to encourage the participation of lawfully residing migrants
in economic, social, cultural and political life by, inter alia:
a. recognising the positive
contribution that migrants make to society;
b. associating the host community
and migrants in activ ities aimed at promoting mutual understanding;
c. encouraging migrants and
receiving society to under take common activities in favour of the
local community and development of civil society;
d. implementing introduction
programmes for new comers, actively encouraging immigrants to learn the
lan guage of the receiving country as well as to understand and
respect the institutions and the fundamental values of the host
society”.
33. The rapporteur starts from the premise that integra tion is
a great facilitator of democratic participation and that democratic
participation can help migrants along the path to integration. In
the view of the rapporteur, integra tion should not be seen as a
prerequisite for democratic participation, as the two need to go
hand in hand.
34. The rapporteur is aware that discussions on integra tion of
migrants often focus on longterm integration. Migrants, however,
often do not plan to stay long term. Furthermore, migrants are becoming
increasingly mobile. Part of the challenge, therefore, is to take
into account that migrants live with an uncertain future and that
integration measures and opportunities for democratic participation
also need to be available for those with an uncertain future.
35. While integration takes place at all levels, it is at the
local level that it is the most effective and relevant. Local authorities,
therefore, have a responsibility to adopt effec tive and flexible
policies. The rapporteur notes the work undertaken by the Congress
in this respect.
36. In this part of the report the rapporteur proposes look ing
at some of the key indicators of integration
and
their interaction with democratic participation. For migrants to
be able to participate they need time, they need money and they
need security. They also need a command of the local language and
they need certain skills including lan guage proficiency. Integration
is thus the enabler for migrants which helps them to benefit from
the opportuni ties for democratic participation on offer.
37. The rapporteur is aware of a shifting perception of integration
at European level. Traditionally integration measures have been
seen as for the benefit of migrants in order to tackle disadvantages
and allow for equal partici pation. There is, however, a creeping
tendency in some states to consider integration as a responsibility of
migrants and even to consider applying penalties to migrants who
fail to integrate sufficiently. The applica tion of tests, learning
obligations and in some instances penalties is not without problems
from a human rights perspective, in particular where these measures
may be applied on a discriminatory basis to certain groups. This
issue will need to be looked at further by the Assembly in the future.
4.1. Education
38. Education is highly relevant
both for integration and also for democratic participation. This
is backed up in lit erature on the subject.
Education services
are delivered locally and provide an ideal opportunity for migrant
par ticipation in schools, colleges and extra curricular activity.
Education is extremely important as one of the confidence building
measures which gives migrants greater opportu nities to find work,
develop skills and build confidence to integrate and participate
in democratic life.
39. Education may be in the form of introductory pro grammes.
Immigrantfriendly education institutions can give migrants a head
start providing them with the skills and confidence to move forward
in their new societies. Often these programmes have three elements
including language training, civic awareness and labour market training.
Adult education is also important
for adult migrants who may not have had the same level of oppor tunities
in their countries of origin.
40. An example of good practice in terms of introductory programmes
can be taken from the city of Gent in Belgium which provides up
to 1 200 hours of Dutch classes and 75 hours of “society orientation”
including practical and administrative information. The city also
provides a “custom made” individual reception pro gramme with guidance
on employment, education and training.
41. Education is however important at all levels of the education
system, from primary, through secondary on to tertiary level and
adult education.
42. The Committee of Ministers of the Council of Europe has adopted
an important recommendation (Rec(2008)4) on strengthening the integration
of migrant children. This gives detailed guidance on integration into
school life, including in disadvantaged and segregated areas. It
focuses on the importance of language learning, staff recruitment
(including having teachers of immigrant background) and training
(to deal with nonnative mother tongue children and to tackle intercultural
education). It calls on schools and authorities to promote an atmosphere
of hospitality, tolerance and respect for diversity at school and
to take particular measures for the integration of new immigrant
children into school life. The recommendation also highlights the importance
of supporting civil society, migrants and their associations, the
need to support the parents of migrant children and the need to
facilitate the transition from school into the labour market.
43. In the view of the rapporteur the parental role of migrant
parents needs to be supported and strengthened, and this is backed
up in the abovementioned recommen dation of the Committee of Ministers. Migrants
who are parents, irrespective of their backgrounds, need to be encouraged
to be active in schools and parent organisations. This participation
of parents is important not only for their children’s progress and integration,
but also for their own society links and democratic experiences.
44. One problem which migrants often face is that their levels
of education are not formally recognised, leaving them in jobs which
are well below their levels of skills and experience. Member states
should encourage qualifi cation setting bodies to provide a framework
which allows employers to recognise the qualifications obtained
abroad by migrants in order to ensure their participation at appro
priate levels in the work place. This will undoubtedly help migrants
in terms of their confidence, earning power, inte gration and willingness
and ability to participate in a dem ocratic society.
4.2. Social
bridges (between communities)
45. The creation of social bridges
between communities is an essential element in the twoway process
of integra tion. This mixing encourages social cohesion and a widen
ing of cultural understanding and leads to greater economic opportunities.
46. These bridges can be established at many levels and can be
linked to sports, education, cultural, religious or other activities.
Good practices abound.
In Germany, for example, the Abrahamic Forum
brings together Christians, Muslims
and Jews. In the United Kingdom the Interfaith Network
works on a broad basis and seeks
to foster good relations between the Baha’i, Buddhist, Christian,
Hindu, Jain, Jewish, Muslim, Sikh, and Zorastrian faiths. There
are thought to be 130 local inter faith groups, councils and forums
in the United Kingdom according to research carried out by this
network. Schools play a particularly important role and can provide
bridges not only between children, but also between parents.
47. The lack of social bridges, in particular when combined with
the lack of social bonds and social links, can ruin prospects for
integration and democratic participation. The lack of these bridges
affects not only the confidence of migrants and their trust but
can also lead to exclusion, alien ation and extremism, particularly amongst
young migrants.
Adequate
support needs to be given by the authorities to cre ating such social bridges,
including through the provisions of funding for civil society initiatives.
4.3. Social
bonds (within communities)
48. Social bonds within communities
would appear to have significant importance for democratic participation
and researchers have noted that “the denser a particular ethnic
group’s network of associations and the higher the level of membership
in associations, the more political trust they will have and the
more they will participate politically”.
This
was, for example, found to be the case in Amsterdam when comparing
the experience of the Turkish community with that of the Moroccan
commu nity. The Turkish community with its denser networks and greater
political trust had higher levels of participation than the Moroccan
community.
49. Social bonds are also important to avoid the risk of assimilation
and to avoid the risk of isolation and loss of identity.
50. Support for social bonds within communities should not be
seen as encouraging separatism, but rather as a form of confidence
building and a stepping stone for fur ther participation in society.
The authorities should, there fore, be encouraged to provide support,
including funding, for initiatives leading to the creation of social bonds
within communities.
51. Of the many projects worthy of mention, the INVOLVE project
on the “Integration of migrants through volunteering”
can be highlighted.
This project examined the best practices in seven countries in Europe
and demonstrated how volunteering can foster social bonds in society
and at the same time create a feeling of belonging for migrants,
both within migrant communities and within society as a whole.
4.4. .
Social links (to services and the community)
52. Local services need to be able
to respond to the needs of migrants in all sectors including in
terms of housing, education, employment and social or other services.
Migrants often have difficulties in accessing these serv ices because
of linguistic barriers, cultural differences and lack of knowledge
and experience of how the system works.
53. Inclusion strategies have to be developed by local authorities
at an organisational level. These strategies need to include migrants,
not only in their design, but also in their implementation. Civil
society organisations deliv ering support to migrants need to be
provided with resources. The more migrants that are involved in
the process the more likely they are to integrate and develop further
their skills and willingness to participate in other aspects of
democratic life. Staff working for local author ities need to be
trained or specialised to deal with the demands of a multicultural
society. Interpreters or inter pretation services need to be available.
In Italy an exam ple of good practice can be cited. Sixty cultural
mediators of either Italian or migrant background are attached to
the public social structure of six regions of southern Italy and
there are a further 30 mediators working in local employ ment offices.
54. Migrants are particularly sensitive to slow and ineffi cient
bureaucratic procedures whether in immigration matters or in their
daily dealings in the community. Differentials and discrimination
weigh heavily on them and hamper integration and do not foster a
desire for par ticipation at a democratic level.
It is therefore essential
that these social links to services are encouraged and facil itated.
55. One area of good practice developing in a number of member
states is the creation of specialised departments or ministries
dealing with integration issues or issues affecting migrants both
at national and local levels. There are also examples where these
ministries are themselves headed by persons of ethnic migrant background.
In Sweden, for example, there is a Ministry of Integration and Gender
Equality. The Minister, Nyamko Sabuni, is a woman born in Burundi.
These specialised departments help to focus attention on integration
issues, but should not be seen as a replacement for the need to
mainstream integration issues in all services.
4.5. Language
56. Linguistic confidence certainly
plays an important role and this combined with educational levels
can have an important impact on self confidence and the willing
ness and ability of migrants to participate. This participa tion
can be in some of the most basic forms such as in meetings, writing
letters, or simply communicating with others. Linguistic skills
allow for social connections with other communities and for access to
basic services.
57. The need to learn the language of the host society may even
start before day one of arrival in the country. In the Netherlands,
for example, knowledge of Dutch is required and tested before many
migrants are entitled to enter the country. Such stringent requirements
may better equip migrants for when they arrive in the country, but
they should not be used to set up barriers to migration, particularly
when they relate to family reunification. These requirements should
take into account that women’s literacy in many societies is still
very low. A gendersensitive approach has therefore to be in place
so that migrant women would not be discriminated from such measures.
4.6. Safety
and stability. Countering racism, xenophobia and intolerance
58. Experiences in suffering racism,
xenophobia and intolerance may put migrants off participating in
demo cratic and political life due to feelings of rejection and
fear. They may also lead to isolation and extremism. For the most
part they do not foster an environment which promotes democratic
participation. Sometimes, however, they may have the opposite effect
and may act as a moti vation for seeking change, righting wrong or
helping oth ers who may face similar problems.
59. 59. The Council of Europe and member states are already well
aware of their responsibilities for countering racism, xenophobia
and intolerance. The regular country reports and general policy recommendations
of the Council of Europe’s European Commission against Racism and
Intolerance (ECRI) are a constant reminder of the steps they should
be taking to combat these problems.
60. Civil society is particularly vibrant in mobilising the general
public, the media and the authorities against racism, xenophobia
and intolerance. States have devel oped increasingly effective legislation
and specialised bodies for taking action to combat these problems.
States should not however be complacent when dealing with these
problems and should follow up on the recommen dations of the ECRI,
in particular in terms of legislative and policy measures and measures
to strengthen spe cialised bodies dealing with discrimination issues.
61. The Council of Europe “All Different – All Equal” campaign
is
an example of good practice in seeking to tackle racism, xenophobia
and intolerance, implicating young persons across Europe in a range
of activities tack ling discrimination and promoting diversity,
human rights and participation.
4.7. Rights
and responsibilities
62. Guaranteeing the rights of
migrants is one of the ways to make migrants feel secure and to
encourage their inte gration and democratic participation.
63. Attempts at an international level to strengthen the rights
of migrants have not, however, been a complete success and the road
to acceptance of a general frame work for rights of both regular
and irregular migrants at a European level remains long.
64. At an international level the International Convention on
the Protection of the Rights of All Migrant Workers and Members
of Their Families has been ratified by a rel atively small number
of states. Only three Council of Europe member states have ratified
this treaty (Azerbaijan, Bosnia and Herzegovina and Turkey). The
Council of Europe’s own Convention on the Legal Status of Migrant
Workers (ETS No. 93) has only been ratified by 11 countries. Other
conventions of the Council of Europe having a bearing on migrants
have similarly not found great favour from member states of the
Council of Europe. The European Convention on Nationality (ETS No.
166) has received 16 ratifications and the Convention on the Participation
of Foreigners in Public Life at Local Level (ETS No.144) has received
only eight ratifications.
The European Social Charter (and the revised
European Social Charter) have a range of provisions protecting the
rights of migrant workers and their families. There are, however,
still too many states that have not ratified the charter or the
revised charter, and the provisions relating specifically to migrants
and their families apply only to “nationals of other parties lawfully resident
or working regularly within the territory of the party concerned.”
One of the strengths of the charter and the revised charter is,
however, that it allows the possibility of “collective com plaints”.
This is a mechanism which is being increasingly used by international
nongovernmental organisations, and further steps are needed to encourage
international NGOs working on migrants’ issues to take up collective
complaints where appropriate.
65. The rapporteur is concerned by the mixed message being sent
by too many member states of the Council of Europe concerning their
commitment to the rights con tained in these different conventions.
For the most part these rights reflect standards already accepted
in other treaties or already being applied by these states and it
should not be difficult for states to ratify these instru ments.
Failure to ratify these instruments sends the wrong message to migrants
that states are unwilling to take a stand on the rights of migrants.
66. The rapporteur therefore encourages member states to ratify
these instruments as a matter of priority.
67. Alongside rights, migrants have responsibilities and under
certain circumstances countries of origin of migrants also have
responsibilities. The Global Commission on International Migration
has recom mended that “migrants should ideally be provided with
a clearly written statement of their rights and obligations when
they are admitted to a country, thereby encouraging them to become
active citizens from the earliest possible moment.”
The
global commission also highlighted the dangers arising when migrants
or migrants’ organisations reject integration because they are against
the values and the culture of the society in which they live. Migrants
have a responsibility to accept the laws, customs and val ues of
their host societies. They also have responsibilities to the wider
community in which they live in terms of par ticipation and giving
something to the community. They may campaign for peaceful change
using democratic means, but if they cannot respect the law and the
consti tution they should leave the country.
4.8. Security
in the areas of employment and housing
68. Employment is important for
a range of reasons. It creates a link between communities, it helps
migrants join social networks, it allows migrants the possibility
of involvement in trade unions or other associations, and it allows
migrants to have a guaranteed income. Persons who have a secure
livelihood and income are much more likely to be involved in democratic
participation. Too many migrants remain unemployed and are remunerated
at lower levels than nationals.
69. Those without a secure livelihood are going to strug gle to
make ends meet and are unlikely to have the time, energy or opportunity
to involve themselves in democratic participation. They are more
likely to struggle to become integrated. Those in an irregular situation
do not have the right to work. They are likely to struggle to obtain
work and will remain in a vulnerable situation and open to exploitation.
Major hurdles exist for their integration and their democratic participation.
70. It is important that migrants be given assistance in integrating
into the workplace with language training and training in the skills
necessary to compete in the market place. Women migrants face particular
problems access ing the labour market. Migrants also need to be
secure in their employment and have flexibility in changing their
employment and work permits. Their work permits should not be tied
to an employer as this encourages exploitation and other difficulties
for the migrant if he or she loses his or her job. The skills and qualifications
of migrants need to be recognised and they should enjoy the right
to join and participate fully in trade unions.
71. In Europe, Sweden probably has the best practices in terms
of labour access for migrants. According to the MIPEX Labour Market
Access study,
“any migrant in Sweden
with a permit of at least one year is eligible to work in most sectors
or to become selfemployed with a viable business plan, just like
an EU national. The state helps unemployed migrants through Swedish
language and vocational training. In addition… all migrants who
have lived and worked (which includes caring for chil dren under
10) in Sweden for two years have equal access to study grants as
Swedes. Migrants who find a job have the right to change their permit,
job and industry, after less than one year. Migrants who lose their
jobs do not neces sarily lose their right to stay in Sweden”.
72. In the Final Declaration of Ministers responsible for Migration
Affairs, Helsinki (1617 September 2002), min isters made a clear
statement and undertaking on the need to promote equal access to
employment for lawfully resid ing migrants. Ministers also undertook
to promote equal ity by recognising the equivalence of diplomas,
qualifications and skills, ensuring equal treatment for migrants
in the workplace, adopting diversity manage ment in human resources
and encouraging the participa tion of migrants in trade unions and
company committees.
73. Access to quality housing is also extremely important for
integration. Much of the accommodation in Europe for migrants is
of low quality and sometimes barely hab itable and often cramped
in ghettolike environments. This does not lead to integration and
does not create con fidence or a sense of belonging which are essential
for the process of democratic involvement and participation. Further
steps are needed to tackle discrimination in the housing sector
and achieve balanced neighbourhoods and prevent or reduce segregation.
4.9. Integration
as a twoway process
74. Integration should be seen
as a challenge and not a burden. It is a challenge both for migrants
and their host societies. In the Final Declaration of the 7th Conference
of Ministers responsible for Migration Affairs (Helsinki, 1617 September
2002), the ministers undertook “to con sider integration as an interactive
process based upon mutual willingness to adapt by both migrants
and the receiving society”.
75. The European Commission against Racism and Intolerance (ECRI)
has also on many occasions high lighted the importance of integration
as a twoway process. In a recent report it said that “measures taken
… should extend to society as a whole and not exclusively focus
on immigrants, in order to avoid their stigmatisa tion and the impression
that the success of integration depends solely on their efforts.”
The need to avoid stig matisation
of migrants in the debate on integration is thus extremely important.
76. The majority population also has an important role to play
in combating racism, intolerance and discrimination and they need
to be aware of the culture and traditions of migrants and to be
open to contacts with migrants.
77. Mainstream associations, government offices and other levels
of society must not only be open to migrants, but they should encourage
the participation of migrants and take the initiative of inviting
migrants to take part. Migrants must be able to progress and not
face unequal treatment otherwise they will not participate and will
withdraw.
78. Many steps can be taken to encourage integration as a twoway
process. Diversity training, for example, is used by some organisations
to encourage diversity. Benchmarking tools are being increasingly
used by some organisations to measure how inclusive they are. These
steps are to be encouraged.
79. Much more can be done at the level of schools to encourage
integration as a twoway process. Adapting the school curriculum
to reflect a multicultural society should be a priority and the
curriculum needs to ensure an accu rate as well as a positive reflection
of the role of migrants in society.
5. Specific
legal and policy measures to assure the democratic participation
of migrants
80. Democratic participation cannot
take place in a legal or policy vacuum and there are certain legal
and policy measures which play a defining role in influencing and
facilitating the democratic participation of migrants.
81. In this part of the report, the rapporteur proposes looking
at nationality,
electoral rights, longterm status,
other political rights, consultative bodies, support for civil society
and the role of the media in order to define further the measures
necessary to improve the democratic participation of migrants.
5.1. Nationality
82. The acquisition of nationality
is one of the most effec tive mechanisms for encouraging integration
and enabling participation in the political and democratic process.
83. Granting nationality removes any legal impediment to political
participation by migrants. It also plays an important role in encouraging
the de facto democratic par ticipation of migrants. This has been
backed up in a num ber of research studies,
including in the European Social Survey.
In this study it was found that 46% of migrants who acquired citizenship
in the host country were civi cally active. Of those without citizenship
only 28% were found to be civically active.
84. The Council of Europe has through the European Convention
on Nationality sought to promote the pro gressive development of
legal principles concerning nationality, avoid discrimination and
find appropriate solutions to consequences of multiple nationality.
Unfortunately only 16 countries
have ratified the con vention and the last ratification was by Ukraine
in 2006. Ratifications are, for the most part, from central and east
ern European countries, reflecting a tendency on the part of western
European countries to move towards tighten ing rather than loosening
the criteria on obtaining nation ality.
5.1.1. Naturalisation
requirements
85. Naturalisation requirements
differ widely across Europe.
A general requirement
is residency for a set period of time. Some countries such as Belgium
have a short residency period of three years, while others, such
as Austria, Spain, Greece, Italy, Lithuania, Portugal and Slovenia
have a period of ten years. Five years is, how ever, the standard
and this is the case,
inter alia,
for Bulgaria, the Czech Republic, Estonia, France, Latvia, Luxembourg,
Malta, the Netherlands, Poland, Romania, Sweden, Slovakia and the
United Kingdom. The European Convention on Nationality is disappointing
in that it fixes the maximum residency requirement high at ten years.
The rapporteur considers that member states of the Council of Europe
should be encouraged to fix at five years the maximum residency
period.
86. This residency requirement, however, tends to be shorter for
a spouse of a national. Residency is generally not the only requirement.
Some of the other requirements include knowledge of the state’s
official language, ade quate income and housing and lack of a criminal
record. More recently additional requirements are sometimes called
for. These include the obligation to take and pass naturalisation
tests (these have been adopted or are under discussion in Austria,
Germany, the Netherlands and the United Kingdom), or specialised courses
(such as fore seen in Estonia, France, Hungary, Latvia and Lithuania)
or oaths of allegiance or declarations of loyalty (as applied in
Germany, Estonia, Greece, Ireland, Latvia, Lithuania and Romania).
In some
states there are high fees to pay, such as in Greece where a fee
of around €1 500 has to be paid, and Austria.
In
a few countries there are no fees such as in France and Luxembourg,
while in others the fees are no greater than renewing an identity
card (such as in Ireland, Italy, Latvia, Lithuania, Norway, Poland,
Spain and the United Kingdom).
87. Restrictive policies on nationality affect a large num ber
of persons across Europe. In Germany, for example, there are about
7 million persons living under the special status of “foreigner”,
although some of them have lived in the country for decades or were
even born there.
In Estonia,
Latvia and Lithuania, difficulties in obtaining nationality for
persons belonging to the Russian minority have created severe tensions
in society.
88. One of the barriers to nationality in Germany, Estonia, Latvia
and Lithuania, but also in other countries is restrictions on double
nationality. Double nationality is restricted in,
inter alia, Austria, Germany, Denmark, Estonia,
Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Slovenia
and Slovakia.
89. For many reasons migrants may not wish to lose their original
nationality. This may be because of personal iden tity issues or
because of emotional ties. Furthermore in their country of origin
if they renounce their nationality they may be classified as foreigners
with only limited rights of entry and residence and may require
a visa to return. It may also affect their rights of inheritance
and property rights. For these persons being compelled to renounce
their original nationality presents an important obstacle to the
acquisition of a new nationality and acts as a bar to their integration
and democratic participation in their host country.
90. The situation of refugees should be specifically men tioned
as they no longer enjoy protection of their country of origin and
have a more urgent need of nationality than ordinary migrants. This
is recognised by Article 34 of the 1951 Convention on the Status
of Refugees as well as under the European Convention on Nationality
(Article 6.4.g). States are,
therefore, under a particular obligation to facilitate their access
to nationality.
91. Second and third generation migrants acquire nation ality
by a combination of the principles of
jus sanguinis and
jus soli.
It is outside
the scope of this report to exam ine the very different rules applying
to member states of the Council of Europe and the comparative advantages
and weaknesses of these. The rapporteur, however, wishes to point
out that the application of these rules can some times lead to second
and third generation children not qualifying automatically for nationality.
This is the case in countries such as Austria, Denmark, Finland,
Greece, Italy, Luxembourg and Sweden where the only way of acquiring
nationality at birth is by blood link (
jus
sangui nis), which excludes second generation children
and third generation children if their parents have not been natu
ralised.
5.1.2. Facilitating
nationality
92. The rapporteur considers that
integration and all steps leading in that direction can lead to
the acquisition of nationality. Nationality, when granted, is also
a means to improve integration and democratic participation. The
European Commission has also underlined that “natural isation is
a strategy, which can help to promote integration and which member
states should consider when granting residence to immigrants and
refugees”.
Member
states of the Council of Europe should be encouraged to ratify the
European Convention on Nationality and bring down bar riers to nationality.
Lengthy residence requirements in excess of five years and barriers which
prevent second and later generation migrants from obtaining nationality
need attention. Double nationality, in the view of the rap porteur,
should be an option in all states. In Europe, after all, we are increasingly
taking on multiple identities. We have identities linked to our
country of birth, many of us have identities linked to countries
in which we live or have lived in. Furthermore we have identities
as “citizens” of the European Union and as “Europeans” within the
greater scope of the Council of Europe.
93. Granting or facilitating nationality should, however, never
be seen as an alternative for other steps for encour aging democratic
participation of migrants (granting elec toral rights to migrants
at local or other levels, establishing consultative bodies, supporting
civil society initiatives relating to migrants, etc.).
5.2. Longterm
status
94. It is clear that persons who
do not have a longterm residence status or who are struggling to
obtain national ity may be reluctant to put down ties and participate
in democratic society. This insecurity may not be limited to those
wanting to strengthen their status. There may be many migrants who
are highly mobile who do not know what the future may bring. This
does not, however, mean that their democratic participation should be
put on hold. All persons should thus have the possibility of democratic
participation and be encouraged to participate as much as possible.
95. The rapporteur is also concerned about the toughen ing stance
of many countries on family reunion and notes in this respect the
increasingly restrictive provisions, for example, in Austria, Belgium,
Denmark and France.
96. Some recommendations in relation to longterm sta tus can be
made.
Longterm
residents should not be required to wait longer than five years
for such a status and short periods of leaving the country should
not nullify the procedure. All time should count, including times
spent as a student or an asylum seeker. The procedure should not
be overly bureaucratic and it should be trans parent, preferably
free and without restrictive and unrea sonable linguistic or other
requirements such as relating to income, housing or employment.
The status should not be withdrawn except in exceptional circumstances.
The per son granted the status should enjoy the same rights as nationals
at least in terms of education and vocational training. Family reunion
should be facilitated.
5.3. Electoral
rights
97. The more people that are excluded
from voting or having the right to be elected, the greater the gap
in dem ocratic legitimacy and democratic representation. It is not,
however, only a question of formal rights to vote and be elected
that count, it is also whether these rights are enabled and put
into practice.
98. Granting electoral rights to migrants allows them to have
a voice. It is one of the elements which helps avoid exclusion and
the consequences thereof, whether this be violence or criminal behaviour
or different forms of extremism.
99. Electoral rights comprise two elements, the right to vote
and the right to stand for election. The two are not always granted
together. Some states have only granted the right to vote and not
the right to be elected thus falling short of the standards set
by the Council of Europe’s Convention on the Participation of Foreigners in
Public Life at Local Level. These countries include Belgium, Estonia
and Luxembourg.
5.3.1. National
level
100. At a national level, with very
few exceptions, migrants across Europe do not have the right to
vote unless they have become a national of the country concerned.
101. Two exceptions are Portugal and the United Kingdom. In the
case of Portugal the right applies only to the right to vote and
applies to Brazilians in parliamen tary elections (the right is
granted on the basis of reci procity and in view of cultural similarities
between the nationalities concerned). In the case of the United Kingdom
the right to vote and the right to stand for elec tion are granted
to all citizens of Commonwealth coun tries. This is the result of
past colonial links.
102. There are no examples of guaranteed seats in parlia ment for
ethnic groups other than those provided for the protection of persons
belonging to national minorities. The idea of rights for “new minorities”
is still underdeveloped, but it cannot be excluded that one day
the idea of guaran teed seats for migrants as “new minorities” will
take form.
103. As migrants generally do not have electoral rights at national
level, it is all the more important that they have other democratic
means of representation both at national and other levels.
5.3.2. Local
level
104. It is at the local level that
participation of migrants is perhaps the most important. It is at
this level that pol icy and decisions are made affecting the daily
lives of migrants, in particular in fields such as education, public
housing, health care and welfare.
105. It is thus particularly important that migrants enjoy electoral
rights at the local level. The rapporteur is pleased to note an
increasing trend to give migrants electoral rights at a local level.
Such rights were recently granted in the Czech Republic in 2001,
Estonia, Lithuania and Slovenia in 2002, Luxembourg and Slovakia
in 2003 and Belgium in 2004.
106. There are, however, localities in which migrants make up extremely
high proportions of the population, yet they are not allowed to
vote. This was an issue highlighted in the POLITIS project where
one interviewer made the point, “If in certain localities, 40% are
immigrants, if you don’t have them participate, what’s the point?”
107. The Council of Europe Convention on Participation of Foreigners
in Public Life at Local Level requires grant ing the right to vote
to migrants after five years of resi dency, although it leaves it
open to states to reduce this amount of time. Finland provides for
the shortest period of residence, requiring a twoyear residence
period, and countries such as Denmark and Sweden apply a threeyear
period. Most other countries, however, require a fiveyear residence
period.
108. Some states apply a number of other requirements such as registration,
oaths of allegiance (Belgium), per manent residence permits (Estonia
and Lithuania), reci procity (Czech Republic, Portugal, Spain),
or close historical links (for example, Colonial links for the United
Kingdom and Portugal). In the view of the rapporteur, requirements
should be kept to a minimum as the primary goal is to facilitate
political participation.
109. In a number of countries there are constitutional impediments
to
granting voting rights. Granting the right to vote at local level
was declared unconstitutional by the Federal Constitutional Court
in the northern
Länder, Hamburg
and SchleswigHolstein.
Similarly,
in Austria, attempts to grant voting rights in the City of Vienna
were ruled unconstitutional by the Austrian Constitutional Court
in 2004.
The rapporteur
considers that the European Commission for Democracy through Law
(Venice Commission) could play a role in identifying and solving
constitutional impediments to the granting of vot ing rights in
member states of the Council of Europe and encourages the Venice
Commission to further its work in this area.
110. The rapporteur considers that member states should grant migrants
the right to vote and be elected at least at the local level. Furthermore,
they should facilitate this by keeping administrative requirements
to a minimum and supporting information campaigns and civil society
ini tiatives informing migrants of their rights and encourag ing
them to participate.
111. Under the Maastricht Treaty, nationals of member states of
the European Union enjoy the right to vote and to stand for local
elections and European Parliament elec tions in European Union member
states. On the one hand, opening up the right to vote of a large
number of migrants in Europe is to be welcomed. On the other hand,
it does, as has been recognised by the Congress of Local and Regional
Authorities of the Council of Europe, create “a form of discrimination
between residents of foreign ori gin, contrary to the principles
upheld by the Council of Europe and set forth in the European Convention
on Human Rights.”
The
rapporteur is also aware of calls to grant similar reciprocal voting
rights at local level for all nationals of member states of the Council
of Europe.
There
may be a cause for considering whether such vot ing rights should
not be limited to European Union nation als or even Council of Europe
nationals, but that they should apply to all migrants without distinction
as to their nationality. The Assembly may wish to take a lead in
con sidering how such a longterm goal could be facilitated.
112. It is not only the granting of the right to vote and stand
in elections that is important. It is also the applica tion of this
right. More research is needed on the levels of voting of migrants
and the patterns of voting of migrants. Some interesting research
has nonetheless been carried out. It has been shown, for example,
that migrants will tend to vote for other migrants, but only after
the political lines have been drawn.
Understanding these voting pat terns
is important for meeting the needs and expectations of migrants
and as a means of encouraging political par ties to field more candidates
from different ethnic back grounds. This is a matter which is increasingly
understood by political parties who want to attract the migrant
vote. In Brussels, for example, political parties are recruiting
large numbers of candidates of nonBelgian ethnic origin in order
to attract “ethnic voters.”
5.4. Political
rights
113. In accordance with the European
Convention on Human Rights, freedom of thought, conscience and reli gion
(Article 9), freedom of expression (Article 10) and freedom of assembly
and association (Article 11) are granted to migrants across Europe.
Certain
restrictions can nonetheless be placed on the “political activities of
aliens” in accordance with Article 16 of the Convention.
114. There is a tendency in some of the countries of cen tral and
eastern Europe to place greater restrictions on the political rights
and activities of migrants than is the norm in western Europe. Restrictions
are sometimes placed on joining political parties or forming political
associations. In Estonia
nonnationals
are banned from joining politi cal parties or forming any political
associations. The same applies in Latvia
and Lithuania
. Slovakia
does not grant migrants
the right to join political parties or movements and Slovenia
only allows migrants
to participate in polit ical parties as honorary members and they
may not form their own political associations.
115. In many of the countries in central and eastern Europe, there
remains greater scope for widening the political liberties granted
to migrants. The widespread granting of these political rights to
migrants across most of the European Union and a large proportion
of member states of the Council of Europe, should act as an incen
tive for countries that maintain restrictions. The Venice Commission
could play a role in encouraging states to withdraw such political
restrictions where they currently apply.
5.5. Right
to consultation
116. National and local authorities
are increasingly recognising that one of the most effective means
of inte grating migrants and facilitating their democratic partici
pation is to ensure that they are consulted both generally and,
more particularly, on issues of direct relevance to them.
117. In order to facilitate consultation, consultative bod ies
have been set up in many countries, mostly at local levels but also
at national levels. Over the last thirty years such bodies have
been set up in more than 10 countries, including Belgium, Germany,
Luxembourg, France, Finland, the Netherlands, Italy, Spain, the
United Kingdom, Sweden, Denmark, Norway and Switzerland.
Few
exist in central and eastern Europe, although ad hoc consultations
do take place with migrants’ associations in certain countries.
118. These consultative bodies can be defined as demo cratic bodies
set up at national or local level to provide a forum for consultation
between elected representatives and migrants (primarily foreign
residents).
119. One of the three pillars of the Convention on the Participation
of Foreigners in Public Life at Local Level is the establishment
of consultative bodies to represent foreign residents at local level
(Article 5). Under this con vention there must be no legal or other
obstacles prevent ing the establishment of such bodies, states must encourage
and facilitate their establishment in areas where there are significant
numbers of foreign residents and states must ensure that participants
on the bodies can be elected by the foreign residents or individual associations
of foreign residents. As has been noted earlier only eight countries
have ratified this convention.
120. The objectives of the consultative bodies can be dif ferent,
but there are normally two main objectives. The first is to integrate
and encourage the participation of for eign residents in local public
life and the second is to improve or harmonise relations between
foreign residents and other sectors of the community (authorities, adminis
trative bodies, nationals).
They may also have very spe cific objectives
relevant to the locality in which they are established, such as
to fight discrimination, promote dif ferent cultures, and so on.
Most consultative bodies have between 15 and 20 people, but this
does vary.
121. A certain amount of good practice can be identified from the
different councils across Europe. The Migrant Integration Policy
Index
maps the countries with the best
practice in relation to consultative bodies. These include:
Denmark: migrant representatives are usually freely elected
to local, regional and national consultative bod ies, although they
are only consulted on an ad hoc basis. At a local level around 60 Integrationsraad (integration councils)
exist;
Finland: on the Advisory Board for Ethnic Relations (ETNO)
immigrant members have equal voting and deci sion rights as Finnish
officials;
Germany: there are 400 Ausländerbeiräte (foreign
ers’ councils) at the local level. In NorthRhine Westphalia foreigners’
councils are obligatory for com munities with more than 5 000 foreign
inhabitants.
122. Notwithstanding this good practice,
there are many countries that have no consultative bodies at all, including
Cyprus, Latvia, Lithuania, Malta, Greece, Hungary, Poland, Slovenia
and Slovakia.
While some other coun
tries do have such bodies, they are not effective for a num ber
of reasons. Where there is criticism of these bodies it is usually
aimed at the lack of representivity, the diver gent views within
the councils, concerns that they are a form of windowdressing, too
often focused on immigra tion rather than general societal issues, and
that they can be expensive and time consuming.
123. From experience and good practice so far, a num ber of recommendations
can be made in relation to the operation and functioning of consultative
bodies.
124. In terms of composition, consultative bodies should:
- be as open ended as possible
even if it means dif ferentiating membership and granting members different
rights. This means that groups that might otherwise be excluded,
can still participate in one form or another. This is particularly
important for groups such as newly arrived migrants, naturalised
migrants or irregular migrants;
- allow for equal representation between the repre sentatives
of the local authorities and the migrants to ensure an effective
bridge between the communities;
- ensure representivity amongst migrant members (taking
into account geographical location, nationality of migrants and
sex of migrants).
125. In terms of selection, preference should be given to direct
elections from the communities concerned (as hap pens in Germany),
or allowances made for migrant asso ciations to put forward candidates
themselves (which, for instance, happens in Grenoble and several
towns in Denmark and Luxembourg) or at least for the same asso ciations
to propose membership (such as in Osnabrück). Representatives should
not simply be picked by the authorities without consultation with
the migrants.
126. In terms of objectives, these should be clearly defined, prioritised
and realisable with the resources avail able and they should be
regularly assessed.
127. In terms of activities, priority should be given to political
activities including consultation and promotion of citizen participation.
Cultural and social activities may also be promoted, but they should
be pursued by other rel evant bodies and associations.
128. In terms of functioning, consultative bodies should have the
right to be informed and consulted. They should have the right to
initiate consultation and the right to have a response. They should
have the necessary financial and human resources to function properly.
129. The Council of Europe, through the Convention on the Participation
of Foreigners in Public Life at Local Level and the work leading
up to the handbook by the Congress of Local and Regional Authorities
of the Council of Europe on local consultative bodies, has made
a valid contribution to this form of political participation. The
Congress and the European Committee on Local and Regional Democracy
(CDLR), the relevant intergovern mental committee in the Council
of Europe, should be encouraged to continue their work in this area,
in partic ular by bringing together local consultative bodies and
encouraging them to network both at national and inter national
level.
5.6. Support for civil society and in particular
organisations dealing with and representing migrants
130. Social bridges (between communities)
and social bonds (within communities), as has been discussed ear
lier in this report, are essential for integration and also for
democratic participation of migrants. It is thus important to provide
support for civil society and associations deal ing with and representing
migrants.
131. There is some debate as to whether it is better to encourage
on the one hand organisations specialised in migrants’ issues or
representing migrants, or on the other hand providing support for
mainstream organisations that can include the concerns of migrants
in their agendas. There is no right or wrong answer to this and
both types of organisations have a role to play and migrants need
to have choices. Research indicates that when migrants par ticipate
in one type of organisation, they are then more likely to cross
over and be interested in the other type of organisation as well.
This crossover should allay con cerns sometimes raised that supporting
migrants’ associ ations leads to “parallel societies” and a failure
to integrate and in extreme circumstances leads to funda mentalism
and terrorism.
132. Migrant organisations clearly play an important role in welcoming
new migrants and allowing them to build links and enjoy cultural,
sporting and other social activities. Many migrants need these organisations
as a step ping stone into society.
133. Migrants get involved in civic society for a range of different
reasons. Some because of particular interests, some have a calling
or wish to fight an injustice, provide support for their children,
support their fellow nationals, or any one of a number of other
causes. One important element is that people often get involved because
they are asked to get involved.
This is therefore an important fac
tor to take into account when looking at ways to foster further
democratic participation at this level.
134. It can be welcomed that the European Union has established
the European Integration Fund (covering the period 200713). This
fund of €1.771 billion has the objective of increasing the civic,
cultural and political par ticipation of thirdcountry nationals
in their host society. The rapporteur hopes that this fund will
look favourably at projects from a wider European perspective and
con centrate not just on established networks but newer organ isations
and those not so skilled at tapping into European Union resources.
5.7. Media
135. The rapporteur notes the conclusions
of the Assembly in
Recommendation
1768 (2006) on the image of asylum seekers, migrants and refugees
in the media and wishes to highlight three areas of particular concern.
136. Firstly, there is a particular need for the media to portray
a fair image of migrants, and not stereotype them in one way or
another. This is particularly so for women migrants who may face
double stereotyping. The second is that it is necessary to ensure
that migrants are them selves represented in the media as media professionals,
and that they are included in programmes where they can be seen
and heard. The third is that adequate opportunities need to exist
for migrants to form their own media (news papers, radio, television, etc.).
137. The greater the visibility of migrants, the more their views
are aired and positive role models emerge, the higher is the likelihood
that they will have the interest, confidence and motivation to participate
in democratic life.
6. Irregular migrants
138. The Assembly has taken a robust
stand on the issue of rights of irregular migrants, notably in its
Resolution 1509 (2006) on human rights of irregular migrants
and in its
Resolution 1568 (2007) on regularisation programmes for irregular migrants.
139. There are thought to be approximately 5.5 million irregular
migrants living in the European Union with a further 8 million living
in the Russian Federation. It is not possible for Europe to close
the door on the democratic participation of such a large number
of persons many of whom make an important contribution to our economies
(working in the building trade, agriculture, hotels and catering)
and our homes (working as home helps, look ing after children, the
aged, etc.).
140. These persons should also have a voice and an enti tlement
to participate in our democratic societies if they are not to be
sent back to their countries of origin.
141. As the Assembly has made clear in its
Resolution 1568 (2007) on regularisation programmes for irregular migrants,
if states are not going to return irregular migrants to their countries
of origin, they should consider steps to regularise their situation.
This is the surest and fairest means of guaranteeing their rights
and also allow ing them to participate in democratic society.
142. Where regularisation is not an option, irregular migrants
should still be included in democratic processes. They should not
be excluded from civil society initiatives and they should be able
to participate in these initiatives and receive support. They should
be entitled to participate and be represented in trade unions and in
consultative bodies to ensure that their voices are heard.
143. There are also certain integration measures which are appropriate
for those in an irregular situation and in particular those who
cannot be returned to their countries of origin. Education should,
for example, be open to chil dren of irregular migrants, social
bridges, bonds and links need to be kept open, safety and stability needs
to be guar anteed and security in areas such as employment, health
and even housing have to be assured to a certain mini mum level.
7. Migrant women
144. Migrant women may face a different
set of chal lenges in terms of democratic participation. There are quantitative
studies that show that women are less active than men,
but this is
not always the case. In circum stances when they do participate
less there may be a range of different reasons for this. Their experience
in migration differs from men. Their level of participation in their
home country may well have been lower, their time, money and skills
in the host country may not be the same as men and their consequent
levels of integration may well be lower.
By
contrast their lack of possibility for democratic participation
in their home country may be a motivating factor for participating
in their host country.
145. Differentiated approaches are therefore needed for the participation
of migrant women by comparison to men and more research is needed
on the particular needs of women in this respect. The Committee
of Ministers of the Council of Europe has made recommendations on
the balanced participation of women and men in political and public
decision making
which
are of particular relevance also for migrant women.
146. Women with migrant backgrounds need to be fairly represented
in decision making bodies and steps should be taken to make it easier
for women to combine participation in democratic activities and
family and working life.
147. A problem, which also affects the security of migrant women
and thus their democratic participation, is the issue of access
to an individual residence permit. Often a wife has a residence
permit linked to her husband. In order to give security and protection
to all spouses in the event of death, divorce or domestic violence,
states should consider granting to both spouses individual residence
permits.
8. Conclusions
148. As the guardian of human rights
and values the Council of Europe has a vital role to play in promoting and
protecting the rights of migrants.
149. The Assembly has over a long period paid particular attention
to the interests of migrant communities with a strong emphasis on
providing migrants the opportunity to participate in society in
all its forms as a vital first step towards integration. The democratic
participation of migrants is an essential element in this process.
150. In order to participate and integrate migrants must be accepted
by host communities. They must be offered equality of opportunity
and have their status and rights clarified and recognised. So previous
Assembly recommendations on the rights of migrants, including irregular
migrants, the value of regularisation programmes and the fight against
xenophobia, intolerance, human trafficking and incitement to racial
hatred and the image of migrants in the media are all relevant to
achieving greater democratic participation and integration.
151. The Council of Europe is uniquely placed to help bring about
improved democratic participation of migrants across the entire
continent of Europe. For this to happen the Committee of Ministers
must mobilise the Council of Europe’s specialist committees and
expertise to give greater priority to improved democratic participation.
Member states should sign and ratify a number of existing Council
of Europe Conventions on, for example, Nationality, the Participation
of Foreigners in Public Life at Local Level, the Legal Status of
Migrant Workers and uphold the recommendations of the European Commission
against Racism and Intolerance (ECRI).
152. In summary, the mechanisms exists within the Council of Europe
to make the democratic participation of migrants a reality. What
is needed is the political will to make this happen.
Reporting committee: Committee on Migration, Refugees and
Population.
Reference to committee: Reference No. 3414 of 21 January 2008.
Draft resolution and draft recommendation unanimously adopted
by the committee on 19 May 2008.
Members of the committee: Mrs Corien W.A. Jonker (Chairperson), Mr Doug Henderson (1st ViceChairperson),
Mr Pedro Agramunt (2nd ViceChairperson), Mr Alessandro Rossi (3rd ViceChairperson), Mrs Tina
Acketoft, Mr Ioannis Banias, Ms Donka Banović, Mr Italo Bocchino,
Mr JeanGuy Branger, Mr Márton Braun,
Mr André Bugnon, Lord Burlison
(alternate: Mrs Claire CurtisThomas),
Mr Mevlüt Çavuoğlu, Mr Sergej Chelemendik, Mr Christopher Chope
(alternate: Mr Bill Etherington),
Mr Boriss Cilevičs, Mrs Minodora Cliveti, Mr Telmo Correia, Mr Ivica
Dačić, Mr Joseph Debono Grech, Mr Taulant Dedja, Mr Nikolaos Dendias, Mr Mitko Dimitrov, Mr Karl Donabauer, Mr Tuur
Elzinga, Mr Valeriy Fedorov, Mr Oleksandr
Feldman, Mrs Doris Fiala, Mr Paul Giacobbi (alternate: Mr Denis Jacquat), Mrs Gunn Karin Gjul,
Mrs Angelika Graf, Mr John Greenway,
Mr Tony Gregory, Mr Andrzej
Grzyb (alternate: Mr Tomasz Dudziński),
Mr Michael Hagberg, Mrs Gultakin Hajiyeva,
Mr DavitHarutyunyan, Mr Jürgen Herrmann, Mr Bernd Heynemann, Mr Jean
Huss, Mr Ilie Ilacu, Mr Tadeusz Iwiński, Mr Mustafa Jemiliev, Mr Tomáš Jirsa,
Mr Reijo Kallio, Mr Hakki Keskin, Mr Egidijus Klumbys, Mr Ruslan
Kondratov (alternate: Mr Ivan Savvidi),
Mr Dimitrij Kovačič, Mr Andros Kyprianou, Mr Geert Lambert, Mr Massimo
Livi Bacci, Mr Younal Loutfi (alternate: Mrs Aneliya Atanasova), Mr Andrija Mandić,
Mr JeanPierre Masseret, Mr Slavko Matić, Mr Giorgio Mele, Mrs Ana Catarina Mendonça, Mr Gebhard Negele, Mr Hryhoriy
Omelchenko, Mr Morten Østergaard,
Mr Alexey Ostrovsky, Mr Grigore Petrenco, Mr Cezar Florin Preda,
Mr Gabino Puche, Mr Milorad Pupovac,
Mrs Mailis Reps, Mrs Michaela
Sburny, Mr André Schneider,
Mr Samad Seyidov, Mr Steingrímur J. Sigfússon, Mrs Miet Smet (alternate:
Mr Daniel Ducarme), Mr Giacomo Stucchi, Mr Vilmos Szabó, Mrs Elene Tevdoradze,
Mr Tuğrul Türke, Mrs Özlem Türköne, Mrs Rosario Velasco García,
Mr Michał Wojtczak, Mr Andrej
Zernovski, Mr Yury Zelenskiy, Mr Jiří Zlatuška.
NB: The names of the members present at the meeting are printed
in bold.
See 24th Sitting, 25 June 2008 (adoption of the draft resolution
and draft recommendation, as amended); and Resolution 1618 and Recommendation
1840.