Europe and the World: The Role of Cities in Immigrant Integration

Check out my latest post on my Europe blog that deals with immigration:  Europe and the World: The Role of Cities in Immigrant Integration: My week in Berlin continues, as I was walking around the Alexanderplatz I happened to run into a protest of some refugees and recorded a bit...

Antidiscrimination Policy in Europe: Equality Bodies in the fiscal crisis

Today's post is drawn from the new book Legislating Equality: The Politics of Antidiscrimination Policy in Europe by Terri E. Givens and Rhonda Evans Case (Oxford University Press, May 2014). You can download the first chapter at Oxford University Press - UK

In October of 1999 politicians around the European Union (EU) were stunned by the success of Jörg Haider’s far right Freedom Party. When Haider’s party became part of the Austrian government in early 2000, the other EU countries responded with diplomatic sanctions and within a few months would pass the Racial Equality Directive (RED), a measure which would require all 15 member states (and future members) to pass antidiscrimination policy into national law. Ten years later, despite some initial success with the development of national level equality bodies, many EU governments were slashing funding and moving once-independent entities into larger human rights bodies, thereby diluting their influence. The institutions created by the RED were under fire partially because of the ongoing fiscal crisis, but also due to political pressure. The RED and consequent Equal employment and Gender equality directives were a set of policies which developed along with European integration in the 1990s, but ran into the integration slowdown after enlargement in the mid-2000s, a fiscal crisis, and a lack of prioritization by mostly conservative governments.

In our book, Legislating Equality: The Politics of Antidiscrimination Policy in Europe, we examine the development and implementation of the RED in Europe. Two factors played an important role for the development of antidiscrimination policy in the EU. The first is racist anti-immigrant sentiment, and the second is Left vs. Right politics, i.e. the rise of the radical right as a catalyst for the passage of legislation and Left support for antidiscrimination policy. However, these policy developments were also dependent upon the process of Europeanization – as the European Union developed, political opportunities developed which allowed the issue of racism and antidiscrimination policy to move forward as a policy issue.

The RED’s most visible accomplishment was the creation of national equality bodies tasked with combating discrimination. The equality bodies have three principal goals: to assist and support victims to pursue complaints, to conduct independent surveys, and to publish independent reports on discrimination. The European Commission against Racism and Intolerance (ECRI) delineated the following competencies as central to a body’s success:

• Providing aid and assistance to victims, including legal aid, and (where appropriate) to ensure victims have recourse to the courts or other judicial authorities. 

• Monitoring the content and impact of legislation intended to combat racial discrimination, and recommending, where necessary, improvements to this legislation. 

• Advising policymakers on how to improve regulations and practices. 

• Hearing complaints concerning specific cases of discrimination and seeking resolutions either through mediation or through binding and enforceable decisions. 

• Sharing information with other national and European institutions tasked with promoting equality. 

• Issuing advice on best practices of anti-discriminatory practice. 

• Promoting public awareness of discrimination and disseminating pertinent information (European Commission against Racism and Intolerance, 1997). 

By 2008 most countries in the EU, including those that had recently joined, had passed laws implementing the EU’s equality directives. In the first few years after the transposition of the Equal Treatment Directives there was growth in both the number and staffing of the equality bodies and in some cases success in “naming and shaming” corporations and other entities for discrimination. The equality bodies were also somewhat successful in bringing awareness to the issues around discrimination. However, by the ten year anniversary of the passage of the RED in 2010 it was clear that both politics and the European fiscal crisis were having a negative impact on the equality bodies.

By 2010, antidiscrimination policy enforcement was put on the backburner in most countries.  Britain’s Labour government decided to merge the long-standing Commission for Race Equality into the Equality and Human Rights Commission, potentially blunting its impact in the area of racial discrimination. In France, the Haute Autorité de Lutte contre les Discriminations et pour L’Egalité (HALDE) became an important contact point for those who felt discrimination. However, in 2011, the French Assembly passed a law that folded the HALDE into a larger human rights entity, the Defenseur des Droits. Both staff from the HALDE and academic commentators expected this change to reduce the visibility, effectiveness and power of the HALDE, particularly in the area of racial discrimination.

The global economic downturn has been perceived to be a “trigger” for increased intolerance and discrimination against migrants and members of minority groups, exacerbated by budget cuts and waning political will to combat it. However, this is likely a temporary spike that does not yet point to an increase in institutional discrimination. This does point to a need for governments to act quickly: the right measures need to be put in place during countries’ recovery period from the crisis to stave off a worsening of the situation of migrants and minorities—groups already at risk.

In light of these challenges, the European Union’s antidiscrimination priority for the next decade should not be to create more legislation or more institutions; instead, the EU needs to strengthen the ones it already has. European governments, EU institutions, and civil society partners will continue to evaluate what is working and what is not, and reinforce the existing structures.

Immigration enforcement tops news, reform remains unlikely before election

Homeland Security's new Secretary, Jeh Johnson hit the Sunday morning talk shows to defend the Obama administration's record on immigration enforcement:


"This Week" Jeh Johnson

Homeland Security Chief Stresses Families in Immigration

Many were surprised by Congressman John Boehner's comments about his Republican colleagues in the House and their unwillingness to address immigration reform:

Boehner ‘mocked’ colleagues on immigration

But concerns about enforcement remain:

Obama's Deportation Catch-22

Immigration and the Civil Rights Summit

With comprehensive immigration reform off the table for now, immigration advocates have turned to the issue of deportations, particularly of family members.  The Obama administration has reached 2 million deportations and advocates are urging the President to change his policies and consider the welfare of children and families:

Report: Deportations Quadrupled With Obama, Two-Thirds Were For Minor Offenses

UT students were among those protesting deportations both Wednesday afternoon and Thursday during the Civil Rights Summit, with a large march from the UT Tower to the LBJ Library:

Students Protest Ahead of Obama's Civil Rights Speech

Group protests for immigration rights

Immigration Politics in the U.S. and Europe: Obama getting pressured on deportations and David Cameron seeks limits on EU Migration

Immigrant advocates pressure President Obama to end deportations, which have been at record levels:

Immigration reform advocates welcome Obama's review of deportations

Luis Gutierrez: A Less 'Defensive' Obama Shows Up At Immigration Meeting

While the GOP considers its position:

For G.O.P., Hard Line on Immigration Comes at a Cost

House GOP Passes Immigration-Related Bill That Goes After Dreamers

Immigrant Activists Interrupt John Boehner's Breakfast

Obama is even pressured by a European friend:

Irish PM raises immigration issue

U.S. Supreme Court declines immigration cases

Kobach’s drive against illegal immigration set back as U.S. Supreme Court declines cases

And in Europe...

Read more here: http://www.kansascity.com/2014/03/03/4863257/kobachs-drive-against-illegal.html#storylink=cpy

Cameron seeks limits on EU judicial powers and migration

Net migration jumps in the UK

Spain tries to block flows from Africa

Activists try to put immigration back on the agenda

Rep. Bob Goodlatte (R-Va.) has a district that is changing - and may lead to a new focus on immigration reform:

As Hispanic population booms, immigration debate comes to key Republican’s Va. district

Meanwhile, in Florida:

Miami immigrant rights group to host annual awards dinner with hopes for immigration reform

A network of young immigrants are looking to President Obama to cut back on deportations:

Young Immigrants Turn Focus to President in Struggle Over Deportations

While other advocates began a nation-wide bus tour that will stop in key congressional districts in Texas:

Cross-country trek embarks for immigration reform

Read more here: http://www.miamiherald.com/2014/03/01/3967137/miami-immigrant-rights-group-to.html#storylink=cpy

 

 

Boehner says immigration reform off the table for this year

House Speaker John Boehner surprised many analysts last week, saying that passing immigration reform was unlikely before the 2014 midterm elections. The rationale behind this is complicated as noted in this article from the New York Times:

Behind Retreat on Immigration, a Complicated Political Interplay

Why are many Republicans against a path to citizenship for undocumented immigrants? This cartoon helps explain part of the reason...

Meanwhile, Senator Chuck Schumer has been looking for ways to get around the roadblocks in the House:

Schumer Offers Long-Shot Option to Skirt House G.O.P. on Immigration

To see an  in-depth look at immigration issues that have come up this week in Europe, check out my Europe blog: http://givenseurope.blogspot.com/2014/02/putting-swiss-vote-in-context-uk-and.html

 

GOP Unveils Immigration Principles, Obama Facing Tough Choices

On Thursday the GOP presented their "Immigration Principles" which are expected to lay the groundwork for legislation going forward - the principles call for legalization but not a path to citizenship:
http://www.nytimes.com/2014/01/31/us/politics/text-of-republicans-principles-on-immigration.html?_r=0

President Obama, who has previously called for a path to citizenship for undocumented immigrants has said he is open to compromise with the House:
http://www.nytimes.com/2014/02/01/us/obama-hints-he-may-be-open-to-immigration-deal-with-gop.html

"The quandary for Mr. Obama is clear: He has vowed to overhaul immigration in two presidential campaigns, but to make good on the promise, he may have to agree to conditions from House Republicans that will be hard for many Democrats to accept. Mr. Boehner is facing pressure of his own to come up with a plan that will appeal to Hispanic voters."

 

Speaker John A. Boehner’s blueprint may force President Obama to decide whether to abandon a new path to citizenship. Doug Mills/The New York Times

Editorial from the New York Times: http://www.nytimes.com/2014/01/31/opinion/fixing-immigration-in-principle.html?hp&rref=opinion

Jennifer Rubin highlights the challenges that reform proposals will face: http://www.washingtonpost.com/blogs/right-turn/wp/2014/01/31/immigration-reform-stumbles-on/