A/HRC/52/35 and gender equality, and “the others”.39 “We”, the Europeans, need cultural rights, often in the sense of access to high arts, whereas “they”, the migrants, claim cultural rights to preserve their traditional practices. Populist media, politicians and parts of civil society have joined the chorus about the alleged perils of migrant cultures. That is in stark opposition to the commitment of States in the Global Compact for Safe, Orderly and Regular Migration, which is to “strengthen the welfare of all members of societies by minimizing disparities, avoiding polarization and increasing public confidence in policies and institutions related to migration” (objective 16). 48. Negative representations of migrants are the main engine of current efforts to introduce neo-assimilationist policies.40 The criminal activities of any migrant are portrayed as either an inherent part of their culture or the outcome of cultural values; existing problematic cultural practices are singled out; unacceptable hate speech is confused with freedom of speech; and ultimately migrants are dehumanized, which leads to tolerance of discrimination and prejudice against them and suppression of their cultural rights. Ultimately, that can lead to legitimization of widespread and coordinated rights violations, as has been seen by the activities of right-wing criminal organizations. 49. The Special Rapporteur cautions against bias and prejudices, often covered under the repeated phrase “migrants have to adapt to our way of life”.41 In certain host countries, “our way of life” (not even our ways of life, plural) is considered the “right” interpretation of human rights, implying a kind of ownership of human rights by the host State and ignoring problematic values, practices and even the colonial past of some States. 50. On this flawed basis, integration, a concept and policy celebrated in the last several decades, is seen as a one-way route and used to promote policies that “gently” assimilate migrants, old and new. Overemphasis is put on promoting the national identity and respecting the values of the host State. Expecting members of cultural groups to accept the dominant way of life, a phrase often repeated, translates to excluding them from taking part in the shaping of society and from participating in and even changing and bringing new values to the shared understanding of society. 51. Integration is not only the responsibility of migrants but most importantly, the responsibility of States to ensure that migrants enjoy their cultural rights and intercultural interactions are promoted. Governments must ensure that all levels of the State administration understand the correct meaning of integration. The Organization for Security and Cooperation in Europe (OSCE) Ljubljana Guidelines on Integration of Diverse Societies can act as a guide. The Guidelines note that: “Integration is a dynamic, multi-actor process of mutual engagement that facilitates effective participation by all members of a diverse society in the economic, political, social and cultural life, and fosters a shared and inclusive sense of belonging at national and local levels. … States should adopt policies that aim to create a society in which diversity and the rights of all are respected” and that ensure the conditions for all members of society to contribute to an inclusive civic identity and take on their share of responsibilities, as these policies benefit society as a whole.42 52. In a document issued by the Department of Economic and Social Affairs in 2009, explicit reference is made to migrants as a marginalized group that participates in the integration process. In particular, as part of the integration process for building inclusive societies that the document intends to promote, the lack of recognition of migrants’ cultural and linguistic rights is defined as one of the main obstacles to their inclusion.43 39 40 41 42 43 GE.23-01011 Alessandro Chechi, “Migration, cultural heritage, and cultural rights: a critical assessment of European Union law and policy” in Cultural Heritage in the European Union, Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini, eds.(Leiden, Netherlands, Brill Nijhoff, 2019). Peter Holtz, Janine Dahinden and Wolfgang Wagner, “German Muslims and the ‘integration debate’: negotiating identities in the face of discrimination”, Integrative Psychological and Behavioral Science, vol. 47, No. 2 (June 2013). See, for example, CERD/C/FRA/CO/22-23, para. 9. OSCE, Ljubliana Guidelines on Integration of Diverse Societies (November 2012), pp. 3–4. Department of Economic and Social Affairs, Creating an Inclusive Society: Practical Strategies to Promote Social Integration (2009), p. 27. 11

Select target paragraph3