Session 329 June 2006

1. Racism, discrimination & policy response

2. Equal oportunity – from law to practice

3. Migration-Asylum Nexus

Unit Structure

• Racism, discrimination

• Inclusion, rights, equity

• EO: From law to practice

• Activities on discrimination

• AQCI on Brubacker

• Migration- asylum nexus

QUIZ: Just one question to torture your memory…

Referring to the reader

what is the difference

between multicultural and plural societies?

Furnivall in all three texts

Racism & isms……… sexism, disableism, ageism, homophobia

Neil Thompson

Racism can be defined as • an attitude (ideology) or action (behaviour) that

disadvantages individuals or groups • on the basis of their “racial” inferiority*, mainly by

means of • limiting their access to scarce resources.

*Racial difference or racial inferiority is often perceived or constructed in terms of different culture, ethnicity, religion, language, etc.

Discrimination/isms:Personal – Cultural - Structural

Neil Thompson

P

C

S

Explanations of racism:

1. Psychological ”Some people are like that”

2. Lack of knowledge, ignorance „To know is to love“

3. Intergroup relations ”Birds of a feather”

4. Individuals are racists because the structures, practices, and values of our society are racist.

”Its the system”

Racisms – cont.

• from violent attacks or scapegoating • to paternalistic crypto-racist assistance to m.• tendency to deny racism (unacceptable)

two main meanings: 1) ideology (beliefs) about racial superiority2) “the whole complex of factors which produce

racial discrimination” and sometimes also “those which produce racial disadvantage”

Cashmore

Racism as ideology

1. the so called “scientific racism of the 19th century”, manifested for example in the publication by Herrnstein, Murray, 1995

2. “popular” racism or “common sense” racism that is based on ethnocentrism, a tendency to believe that one´s own cultural paradigm is universal, neutral and superior to any other culture

In other words…

Racism

1. denies all difference in the name of universality of the human nature, but unconsciously it takes back this universality to the dominant model;

2. uses the obvious differences to turn them into instruments of domination, exploitation, condemnation, exclusion, or extermination.

Racisms- cont.

PrejudicePrejudice DiscriminationDiscrimination InequalityInequality

„„RRacism, in short,acism, in short, involves involves (a)(a)stereotypes about difference and inferiority stereotypes about difference and inferiority (b)(b)use of power to exclude, discriminate, subjugateuse of power to exclude, discriminate, subjugate““

The Parekh Report, 2000The Parekh Report, 2000

AttitudesAttitudesBehaviourBehaviourStructuresStructures

Racisms – cont.

     

   

ExclusionExclusionDiscriminationDiscrimination

PrejudicePrejudice

Assimilation and Racism (Bauböck)

 

 assimilation is possible

yes no

assimilation is required

yes compulsory assimilation

racist double-bind

no pluralism segregation

 

assimilationist policies

inclusiveness

Assimilationist model

DIFFERENCE DEFICIT

   

COMPENSATORY PROGRAMMESDoes the individual fit

into the System or ‘Institution’?  

ASSIMILATIONASSIMILATION

Curriculum (Multiculturalism) model

Cultural Effects

 CULTURES

LIFESTYLES ATTITUDES

TOLERANCE AND HARMONY

 Does the organisation of this ‘institution’

recognise Diversity ?   

PLURALISTPLURALIST

Equity/Rights Model

Social and Political Effects

 EQUITY PARTICIPATION

LIFE CHANCESAre people enabled in this ‘institution’?

Do the structures allow for

achievement, growth and opportunities?

ANTIDISCRIMINATORYANTIDISCRIMINATORY

2. Equal oportunity-From Law to Practice

i. Notes on the EO concept available here

ii. Development of EU law

iii. Activities

Equal Opportunities

1. Equal opportunities for men and women

2. Race equality in the United Kingdom

3. Positive action

4. Paradoxes of equal opportunities

European legislation

• The Treaty of Rome, 1957

Article 119

• EEC: 1975 Directive 117 1976 Directive 207 1979 Directive 7 1986 Directives 378 +

613 1992 Directive 85

European Court of Justice

• Defrenne vs Sabena 1976

• Jenkins vs Kingsgate 1981

• Marshall vs Southampton 1986

• Bilka and Kaufhaus vs Weber 1986

Definitions

• Direct discrimination:

People in the same situation are treated differently.

• Indirect discrimination:

People in different situations are treated the same but this has an adverse impact on one group.

Equality for women

= a model for race equality

-> « minority rights » vs citizenship rights

Both = labour market related!

Legislation in the UK

• Race Relations Act 1976:

-> Commission for Racial Equality

• White paper on the Commission for Equality and Human Rights 2003

(CRE + EOC + CD)

Conclusion to EO

Citizenship rights + humanitarian obligations= not an absolute right but applied with

qualified amendments.

Group work : Case Studies (ERRC)Case study 1 -  Access to public servicesCase study 2 -  Access to employmentCase study 3 -  Education

3. The Migration-Asylum Nexus Definition and significance

South (sending, mig. producing countries)macro-, micro- level

Receiving (transit) countries macro-, micro-

Forced vs Economic? Or Forced and Economic?Future prospectsCase of Germany

What is the 'migration-asylum' nexus

• Growing difficulty in separating between forced and economic migration

• Closely related causes of forced and economic migration

• Increasing similarities in the migratory process for both categories

• Common responses: lack of differentiation between asylum seekers and irregular migrants

'Category jumping': Examples

• Portuguese workers in France - 1960s Refugees from fascism Use of people smugglers

Regularisation as workers If workers are needed, employers and governments don't care if they are refugees

• Burmese in Thailand • The Roma in Europe (asylum seekers from

Slovakia)

A global problem: forced migration (2003-4)

Refugees (1951 Convention definition) 9.7 million (recognised by UNHCR)

Internally Displaced Persons (IDPs) 25 m (13 m of them in Africa)

Development Induced Displacement 10 million a year (World Bank)

Environmental change and disasters Numbers unknown

UHNCR

Towards a political economy of forced migration

• Globalisation: the North-South Gap • Selective inclusion and exclusion in global

economy: 'disconnection' • Trade, investment and development • Trade in small arms, conflict diamonds etc.• 'Reconnection' of South and North through

”unwanted' flows and networks • Migration as a form of 'reconnection'

The migration-asylum nexus in the South: macro-level

• Links between poverty, weak states, human rights abuse and conflict

• Complex emergencies lead to many types of displacement

• Internal displacement often means impoverishment - and further migration

• Conflict prevents development - causes economic migration

• Many migrants have multiple motivations

Political economy of forced migration in the South: micro level

Approaches: Commodity chain analysis Livelihood studies

Examples:Conflict diamonds in Sierra Leone Cobalt mining in DR Congo Afghanistan: survival in enduring conflict The role of arms trafficking

The MAN in Countries of first asylum and transit

Thailand: new industrial country with:labour emigration and immigrationrefugee inflows

Malaysia: Indonesian and Filipino labour - often really

refugees Tanzania: less-developed country with:

Long-standing and diverse refugee populationStrains of long-term support

The migration-asylum nexus in the process of mobility

• Category jumping as a rational strategy • Policies as 'opportunity structures' • Migration barriers (visas, carrier sanctions,

safe third countries, buffer zones) - create demand for the 'migration industry'

• The importance of migration networks • Irregular movement may lead to long-term

irregularity

The nexus between asylum and irregular migration in receiving countries - macro

• Deterrent measures create incentives for irregular employment and residence

• Irregular entry helps create networks for irregular work and life

• Unmet labour demand for low-skilled workers encourages informal sector

• Media-driven asylum panic leads to hypocritical asylum policies

The micro-level: how does asylum affect local communities? • Local conflicts about asylum centres • Fears of 'cheap labour' in areas of social

exclusion • Welfare challenges (e.g. assisting

unaccompanied minors) • Destitution as challenge to local authorities• Dispersal, concentration and potential ethnic

conflicts

Migration from Sri Lanka (UK)

• Elite/professionals

• Students

• Refugees and asylum seekers

• Labour migration

• Family reunion/foundation

Tamils in the UK

• Post independence 1948: professionals • From 1960s, discrimination and hardening ethnic

nationalisms: students • From 1980s: conflict refugees and asylum

seekers • 1990s: acceleration of asylum migration • From 2002: decline in asylum migration • Family reunion • From 2000: regrouping/relocation/secondary

migration

Consequences of the Migration-Asylum Nexus

• Diversified migrant populations in host countries • Diversified migrant destinations: diasporisation• Proliferation and diversification of transnational

linkages - Households at home have a portfolio of transnational

resources

- Diaspora households have a portfolio of obligations

The future of the migration-asylum nexus

• Era of asylum migration to affluent countries drawing to close • Asylum migration to middle income countries? • Other legal channels will continue: limited labour migration,

family reunion, high skilled, students ... • Irregular migration will continue • Regrouping: eg movement from continental Europe to the UK • Containment of 'mixed migration' in regions of origin • In- region migration management: sorting migrants in regions

of origin • Effects on diaspora formation, transnational links, and the

global political economy?

Case of Germany

http://www.proasyl.de/

GERMANY’S IMMIGRATION LAW MARKS ONE YEAR

http://www.icare.to/article.php?id=1292&lang=enASYLUM SEEKER NUMBERS IN GERMANY FALL

BY 18PChttp://www.icare.to/article.php?id=1351&lang=enhttp://www.icare.to/

Additional info

• Article on Asylum trends is available here