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.
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