EUROPEAN PARLIAMENT

Anna KARAMANOU

Member of the European Parliament

President of the Committee on Women’s Rights and Gender Equality

PASOK – NATIONAL COUNCIL FOR RECONSTRUCTION

14 May 2004

MIGRATION, ASYLUM, XENOPHOBIA, DISCRIMINATIONS, AND SOCIAL COHESION

EVALUATION OF EUROPEAN POLICY

INTRODUCTION

The European Union, from its early steps, prioritized the protection of human rights and the fight against all forms of discrimination (European Convention on Human Rights – 1950). The very idea of European integration is based on racial, national, religious, and cultural diversity, as well as the free movement of people. The bankruptcy of the ideological foundations of racism and the horrors of wars led the peoples of Europe to the realization that peace and progress can only be achieved through the reconciliation of peoples, dialogue, and respect for diversity.

In recent years, the discussion on addressing discrimination began to intensify after the end of the Cold War and the simultaneous increase in migration flows. The European Parliament took the lead in this effort. The issue was first raised in 1985 in response to the rise in cases of racist violence, racial discrimination, and the strengthening of far-right parties that supported racist positions. The European Parliament then emphasized the need to take measures for the effective early-stage management of this phenomenon.

1997 – EUROPEAN YEAR AGAINST RACISM

The culmination of the effort came in 1997, the year designated as the European Year Against Racism, during which two significant steps were taken. The first step was the establishment of a permanent European Monitoring Centre on Racism and Xenophobia (EUMC). The goal of the Centre is to collect and process reliable data on racism and xenophobia at the European level in order to contribute to the development of European policies for addressing these phenomena.

A notable contribution of the Monitoring Centre has been its role in addressing the racist prejudices formed through the mass media. Shortly after it began operating, the Centre raised the alarm about the extent of racism and xenophobia in Greek media. According to the Centre’s research, many media outlets still openly adopt racist rhetoric, incorporating xenophobic ideologies into their policies. It is highly positive, however, that in recent years, there has been a growing reaction against these ideologies, shedding light on the other side of the reality—namely, the appalling living and working conditions of migrants, the unacceptable exploitation and oppression they endure, and, at the same time, their contribution to the economic and social progress of our country.

LEGISLATION AND ACTION PROGRAM AGAINST DISCRIMINATIONS

After the establishment of the Monitoring Centre, the second and perhaps most important step at the European level was the signing of the Amsterdam Treaty in 1999. The new Article 13 grants the European institutions the ability to adopt binding legislation against discrimination, in any form it may take, whether based on gender, racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation. Based on this article, an ambitious and pioneering “package” against discrimination (2001-2006) was developed, which includes two directives and an action program, following an initiative by the Commissioner for Employment and Social Affairs, Mrs. Anna Diamantopoulou.

The Action Program aims to support and complement the actions of the Member States in combating all forms of discrimination. To achieve its goals, it relies on the significant experience gained in the field of gender equality, where, in recent years, the Committee on Women’s Rights and Gender Equality of the European Parliament has played a key role.

Directive 2000/43/EC on racial equality provides protection against discrimination in employment and training, education, social security, healthcare, and access to goods and services. Directive 2000/78/EC on equal treatment in employment applies the principle of equal treatment in employment and training.

The innovative element in both Directives is that, for the first time, the burden of proof in a discrimination complaint does not rest solely on the complainant, but also on the defendant. In other words, in addition to the complainant having to prove they were a victim of discrimination, the defendant is also required to prove that they did not act in a way that constitutes discrimination. Furthermore, the directives are not limited to imposing strict penalties on offenders but also include measures for positive action. They explicitly acknowledge that it is not enough to simply prohibit discrimination by law; measures must also be taken to offset the disadvantages arising from factors such as different national origin, for example.

1999 – EUROPEAN COUNCIL OF TAMPEERE

An even greater challenge for Europe arose from the European Council in Tampere, Finland, in 1999, where it was decided to create a “Common Area of Freedom, Security, and Justice,” and the intensification of efforts to combat racism and xenophobia was announced. The primary goal of this effort is to guarantee the fundamental freedoms and rights of citizens, through the approximation of criminal legislation, the mutual recognition of decisions, judicial and police cooperation, the fight against internationally organized crime, and, most importantly, the development of a common policy on asylum and migration by May ¹, 2004. The difficulties encountered in implementing the plan do not diminish the EU’s political will to address the phenomena of racism, xenophobia, and anti-Semitism.

A significant achievement was also the adoption, on December 7, 2000, by the European Council of Nice, of the Charter of Fundamental Rights of the European Union, which, among other things, guarantees the right to asylum and protection in cases of removal, expulsion, and extradition. Thus, collective expulsions are prohibited, as well as the removal and extradition to a country where an individual faces a serious risk of being subjected to the death penalty, torture, or other inhuman or degrading punishment or treatment. The Charter specifically mentions the freedom of thought, conscience, and religion, and declares that the Union respects cultural, religious, and linguistic diversity.

EUROPEAN MIGRATION POLICY

The existence of a area of free movement for citizens and a common European market makes it necessary for the European Union to develop a common migration policy. This reality was recognized by the Amsterdam Treaty, as well as by the Draft Constitutional Treaty, which grants the Union new responsibilities in the field of social integration of migrants.

The main pillars of the conclusions of Tampere are: the establishment of common rules for reception and residence, the harmonization of rules for granting asylum and refugee status, the definition of a set of uniform rights for long-term residents, which will closely approach the rights enjoyed by Union citizens, cooperation with countries of origin, the fight against illegal immigration, and the inclusion of the issue in the European Union’s external affairs agenda. This program remains in force and has been shaped in a coherent and positive way through various proposals from the European Commission. However, member states resist transferring part of these policies to European institutions. The Council of Justice and Home Affairs, which is responsible for these matters, continues to view this transfer of powers as a risk rather than an opportunity for better management of the situation. The end of the unanimity process in this area, as provided for in the Draft European Constitution, could help move things forward, but nothing can replace the determination and political will that are absolutely necessary.

MIGRATION AND EMPLOYMENT

An effective migration policy must take into account the European economic and demographic framework. The European demographic deficit is already frequently cited as a legitimizing factor for migration, although the causes and potential solutions to this complex phenomenon are under examination. It is also clear that the labor market absorbs both highly skilled and low-skilled migrants. However, it is also true that this phenomenon coexists with high unemployment levels in the Union, particularly among unskilled workers, as well as with very high unemployment among already settled migrants. This is truly a paradox that requires special attention and, above all, good management. It is essential to integrate the management of migration into the European social dialogue, because the first thing that must be avoided is the fragmentation of the labor market. It is necessary for the rules to be applied in the same way for everyone, preventing any discrimination based on national origin. Common legislation against discrimination based on national origin already exists. The role of labor unions in this matter is important.

Our goal is to ensure a high level of employment for those living in the European Union, also through the integration of migration into the European employment and development strategy. We also need to strengthen the skills of migrants by improving the training and skills they have acquired in their countries of origin. As stated in the conclusions of the Tampere Council, long-term resident migrants should be integrated into the European labor market and their free movement should be possible. Today, the internal market and the free movement in a borderless area do not actually apply to migrant workers, with all the problems this entails.

WHAT KIND OF SOCIETY DO WE WANT?

Certainly, we want a European society united in its diversity. It is now a common understanding that migration is a source of wealth for societies from a demographic, economic, and cultural perspective. This observation must be accompanied by the recognition that this positive element, which is unquestionable for the entire society, also has costs and negative aspects. Destroyed public spaces, buildings in poor condition, schools that require much more work from teachers are some of the symptoms of a situation that generates fear and insecurity in many people.

Therefore, we need to intervene in order to rebalance the benefits and the tensions brought about by migration and diversity. For social democrats, integration and social cohesion are the key elements of political action. This means social policy and community tools to combat poverty and the exclusion of the most disadvantaged communities, to invest in decent neighborhoods and human cities for all, without any discrimination.

INTEGRATION – INCORPORATION

The European Union has already created a common framework of rights and obligations, a basic contract for all, regardless of nationality and origin. The Charter of Fundamental Rights provides the framework within which we can effectively and decisively resolve cultural or religious differences, respecting the freedom and equality of men and women.

Based on the conclusions of Tampere, we must develop the legal framework that will guarantee third-country nationals rights equivalent to those of citizens of Member States. The Directive on long-term residents and the Directive on family reunification – as family life is a fundamental institution for all – make a decisive contribution to social integration.

The economic benefits arising from migration should, in general, be reinvested to address specific needs in specific sectors. We need active social policies that promote integration and avoid social exclusion. The new Constitution recognizes the competences of the European Union in this area. The European Commission has identified the key areas in which we must work: integration into the labor market and clear rules for the entry and settlement of migrants. In addition, we can include access to education and learning the language or languages of the host country, access to social services and healthcare, housing in decent environments, and social participation within the framework of rights and obligations.

The European Union, in addition to exercising its powers on this issue, needs to help in the exchange of knowledge and experiences in integration policies. Over the years, Europe has accumulated a significant body of good practices developed by local and regional authorities and non-governmental organizations, and it must turn this information into practical guidelines for institutions and social actors.

The promotion of participation, dialogue, and consensus for resolving conflicts is at the core of our vision for the future of society. In this sense, political participation of long-term residents needs to be improved, starting with the right to vote in local and European elections. Until today, this falls outside of the community competences, but it should be a commitment of socialists to promote such a development and to clearly explain why. Exclusion breeds hostility from both sides and divides the society that we want to see united. We must also study the potential of the idea of European citizenship, as proposed by the Commission as early as 2000.

The fight against racism and xenophobia is very important for the EU, because there can be no society with cohesion and pluralism without a strong commitment to eliminating racist views and all forms of discrimination.

COOPERATION WITH COUNTRIES OF ORIGIN

The Tampere Council introduced the idea of cooperation with the countries of origin of migrants. The Commission and the Council have promoted various proposals with the aim of integrating asylum and migration into the European foreign policy agenda and linking migration policies with development policies.

The goals set by the Tampere Council had two directions: First, the establishment of relations with countries of origin in order to implement joint border controls, particularly with the neighboring countries of the European Union, and to negotiate readmission agreements for citizens who are expelled from the Union or apprehended at the borders. Second, the inclusion of the concept of “co-development” in the EU’s political agenda, that is, the promotion of proposals that reconcile the “internal” solidarity of societies with “external” solidarity.

The connection between migration and development is not only a matter of cooperation in the development sector, but also involves helping to promote respect for human rights and democracy, as well as a more balanced trade policy. Migrants themselves are a factor of economic development for their countries of origin. The remittances they send to their families exceed, in some countries, the development aid they receive. Beyond cooperation with developing countries and recognizing the contribution of migrants, we must ask ourselves how we can adapt the regulations and practices of our migration policies to the reality of today’s world, so that they also have a positive impact on the countries of origin.

In general, we consider the globalization of information and the reduction of distances as an advantage and a development factor for our society. Living thousands of kilometers away from one’s place of origin no longer means being cut off from it. It is now perfectly normal to feel that one belongs to more than one place, while ease of mobility is a characteristic of our time. Therefore, we need to see these aspects of the 21^st century as an opportunity, not a problem. Mobility is a concept that fits the world today and should be incorporated into migration policies, as the European Commission has proposed.

We could also begin to recognize the special relationship we have with people who have lived in a Member State of the Union and decide to return to their country of origin. This could involve, for example, facilities to secure a short-term visa for the Schengen Area, granting study permits to the descendants of migrants, or the possibility of obtaining a new residence permit.

COMMON ASYLUM POLICY

The right to asylum is a fundamental human right, which Europe’s humanitarian tradition must protect. All those who escape persecution or whose lives are in danger should be able to access the asylum process, in accordance with the 1951 Geneva Convention and international human rights standards. The key elements identified in Tampere for establishing a set of basic rules and principles to create a common asylum policy remain valid today. The European Council has firmly supported the right to asylum, committing to a full and broad interpretation of the Geneva Convention regarding the European asylum system. The principle of non-refoulement, according to which no one should be returned to conditions of persecution, was also separately reaffirmed.

In June 2004, the European Commission intends to present a communication that will provide a comprehensive and objective assessment of the achievements and possible failures in the implementation of the Tampere action plan and the fulfillment of the obligations set out by the Amsterdam Treaty.

In short, it is clear that after the largest enlargement of the European Union, the creation of the first stage of the area of freedom, security, and justice, as well as its development, are now more than ever at the top of the political agenda of the heads of state and government.

THE EUROPEAN CONSTITUTION

A landmark year in the process of European integration was 2001, when the Constitutional Convention was tasked with drafting a European Constitution. The work was completed in July 2003, and today the final form of the text is under discussion. What is certain is that the new Constitution will incorporate the Charter, which will strengthen the protection of the rights of all citizens. The obligation of Member States to harmonize their legislation with both the spirit and the letter of the Charter is expected to lead to national policies that promote diversity and respect for difference.

The central position of human rights in the Draft Constitution is demonstrated by the fact that they are included in Article 2, where the values on which the Union is based and operates are outlined. There is also a specific reference in Article 3, which sets the action goals of the EU and has a horizontal character. In the same provision, a key objective is set as the fight against all forms of discrimination and the promotion of gender equality.

It is worth noting the latest initiative by Anna Diamantopoulou for a new directive based on Article 13 of the Treaty, which would prohibit any discrimination based on gender in access to goods and services. This is one of the most important pieces of legislation in recent years, with its main aim being the fight against discrimination in the insurance and pension markets.

ANNUAL REPORT ON HUMAN RIGHTS

The European Parliament prepares its own annual report on the state of fundamental rights in the European Union. The report is advisory and not legally binding. However, it provides a reliable assessment of the level of respect for and protection of human rights in Europe and suggests specific actions to improve the situation across the full spectrum of fundamental rights. These include the right to asylum and protection, combating racism and xenophobia, and eliminating discrimination against minorities. The main conclusion of the European Parliament is that there is significant room for improvement in conditions across all Member States, even in those considered exemplary in the protection of human rights.

THE RESEARCH OF EKKE ON GREECE

A few months ago, the publication of the first comparative pan-European survey presented by the National Centre for Social Research, on the perceptions and values of European citizens, surprised many. The survey portrays Greeks as a people of xenophobic, suspicious, and cynical citizens, with over 80% expressing negative views towards immigrants in the country. Furthermore, 79.2% believe that foreigners who commit even the smallest offense should be immediately deported. 82.2% prefer a country where nearly everyone shares the same customs and traditions, while 57.9% believe that cultural life is degraded by the presence of foreigners, and 61.7% think that foreigners worsen the living conditions in the country. At the same time, religion as an important value in life ranks the highest average across Europe (83%, with only the Portuguese following at 58%).

The revelations of the research are not unfounded. Our country, as a core national vision for the past 180 years, has had national unification, which was based (as in the entire Balkan Peninsula) on nationalism and the oppression of minorities. The threats we faced in the past, of course, were real, and the dangers were great, so the suspicion and fear of the “other” can be justified, to some extent. However, the Greeks of the diaspora had no problem adapting to different cultures, collaborating with other nationalities, adopting practices and customs different from their own, and becoming richer in experiences and culture. Just as the Greeks of the diaspora did, we too, all of us, must understand that diversity is wealth and not an obstacle to economic and social development.

Respect for human rights, without any discrimination based on gender, race, national or social origin, religion, age, or sexual orientation, is an essential condition for the peaceful coexistence of people, the fight against violence, and economic, social, and cultural progress.

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