Thesaurus | RED Network

Segregation

Miltos Pavlou — Thu, 15 Mar 2012 06:26:25 GMT

Segregation refers to the degree of spatial separation of groups and is usually regarded as being a major predictor of the level of social interaction between groups. There are numerous indicators, but the principal ones focus of two quite distinct issues. The first, perfectly exemplified by the commonly used Index of Dissimilarity (ID), measures the proportion of a particular group that would need to move in order to produce a uniform distribution of groups. The second, illustrated by the Index of Isolation, focuses on the probability of meeting someone of the same group or, alternatively, someone from a different group.

Peter Ratcliffe, Tim Brown, and David Owen (2007) Mixed Communities Project:

Phase I Report, Coventry: Institute of Community Cohesion.

There are normally a plethora of complex decision making processes that underlay spatial mobility. We therefore caution against the temptation to characterise such processes by simplistic notions such as ‘white flight’ or ‘self-segregation’.

The idea of ‘white flight’ has long and complex roots. It was central to characterisations of the changing urban geography of US cities in the 1960s, being linked to the idea of a ‘tipping point’. Cohen (2006) quotes Eric Avila as defining ‘white flight’ as follows:

Typically white flight describes a structural process by which post-war suburbanisation helped the racial re-segregation of the USA, dividing presumably white suburbs from concentrations of racialised – largely black and Chicano – poverty.

In conjunction with the idea of a tipping point it was used to describe the situation in which as blacks move into an area whites began moving out, and when the process reached a particular point all remaining whites would leave within a short space of time. The process of ‘white flight’ has also been associated with the practice of ‘block-busting’ in which estate agents promote the perception that a minority population represents a threat to property values, stimulating white home owners to sell their property more readily than they might otherwise do.

The closely related idea of ‘self-segregation’, usually interpreted as ethnic/faith groups actively choosing to live in clusters spatially separated from other groups, although by no means a new concept, came to the forefront of debates in the UK surrounding community cohesion.

In the case of ‘self-segregation’ it essentially ‘blames the victim’ by suggesting that minorities do not wish to be seen as part of civil society and hence withdraw to the periphery (it is not normally used in connection with spatial movement on the part of majority groups). The truth is in many cases precisely the opposite, that they are constrained to live where they do by external structural forces (e.g. policies/practices of housing market institutions or hostility from whites), domestic obligations and/or the lack of financial resources.

Integration

Miltos Pavlou — Thu, 15 Mar 2012 06:24:58 GMT

Debates about integration have a long history in social and sociological theory. In relation to ethnicity, arguably the first key thinker was Robert Ezra Park, a member of the ‘Chicago School’ a little under a century ago. In his view, integration was one position on a continuum that characterises the relations between migrant minorities and majority populations as moving from competition/conflict to accommodationism and (via integration) to assimilation and acculturation. This deterministic model has been widely criticised but in many countries integration policies have often posited a close relationship between integration and assimilation. This ‘merging’ of populations as a one-way process is highly contentious and is at variance with the two-way process such as that advocated in EU policies (A Common Agenda for Integration - Framework for the Integration of Third-Country Nationals in the European Union, COM/2005/0389 final) and in a significant EU policy statement (Council of the European Union, 2007, Handbook on Integration. Brussels. http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressdata/en/jha/94682.pdf)

The 11 Common Basic Principles for Integration of Immigrants in the EU (2004):

‘Integration is a dynamic, two-way process of mutual accommodation by all immigrants and residents of Member States’
‘Integration implies respect for the basic values of the European Union’
‘Employment is a key part of the integration process and is central to the participation of immigrants, to the contributions immigrants make to the host society, and to making such contributions visible’
‘Basic knowledge of the host society’s language, history, and institutions is indispensable to integration; enabling immigrants to acquire this basic knowledge is essential to successful integration’
‘Efforts in education are critical to preparing immigrants, and particularly their descendants, to be more successful and more active participants in society’
‘Access for immigrants to institutions, as well as to public and private goods and services, on a basis equal to national citizens and in a non-discriminatory way is a critical foundation for better integration’
‘Frequent interaction between immigrants and Member State citizens is a fundamental mechanism for integration. Shared forums, intercultural dialogue, education about immigrants and immigrant cultures, and stimulating living conditions in urban environments enhance the interactions between immigrants and Member State citizens’
‘The practice of diverse cultures and religions is guaranteed under the Charter of Fundamental Rights and must be safeguarded, unless practices conflict with other inviolable European rights or with national law’
‘The participation of immigrants in the democratic process and in the formulation of integration policies and measures, especially at the local level, supports their integration’
‘Mainstreaming integration policies and measures in all relevant policy portfolios and levels of government and public services is an important consideration in public-policy formation and implementation’
‘Developing clear goals, indicators and evaluation mechanisms are necessary to adjust policy, evaluate progress on integration and to make the exchange of information more effective’

Social cohesion

Miltos Pavlou — Thu, 15 Mar 2012 06:23:35 GMT

Definition of a cohesive community:

There is a common vision and a sense of belonging for all communities
The diversity of people’s different backgrounds and circumstances are appreciated and valued
Those from different backgrounds have similar life opportunities; and
Strong and positive relationships are being developed between people from different backgrounds in the workplace, in schools and within neighbourhoods

Social, as distinct from the above notion of community, cohesion prioritises socio-economic inequalities (linked to item 3 above). It lends credence to the view that addressing more general social inequalities is a sine qua non in the quest for cohesiveness. This can be regarded as a necessary but not sufficient condition in that it would not in itself resolve many underlying tensions, not least because of entrenched racism, sexism, homophobia, and so on.

Cohesion

Miltos Pavlou — Thu, 15 Mar 2012 06:20:56 GMT

Definition of a cohesive community:

There is a common vision and a sense of belonging for all communities
The diversity of people’s different backgrounds and circumstances are appreciated and valued
Those from different backgrounds have similar life opportunities; and
Strong and positive relationships are being developed between people from different backgrounds in the workplace, in schools and within neighbourhoods

Bogus asylum seekers

Miltos Pavlou — Sat, 10 Mar 2012 13:34:15 GMT

'Bogus' is a notion appeared - and soon widespread - in UK for asylum seekers with an unfounded claim. Its use in public discourse is leading to distrust and lack of protection of fundamental rights of migrants and refugees.

Source, Opendemocracy.net: 'Bogus' asylum seekers? The ethics of truth-telling in the asylum system, by James Souter

The notion of the ‘bogus’ asylum seeker has become a familiar refrain by the tabloids and many politicians, casting most refugees as fraudulent ‘economic migrants’. Similarly, as the refusal letter exemplifies, the Home Office has made asylum seekers’ credibility the key question when deciding their claims, giving rise to its well-documented culture of disbelief in which decision-makers often presume their deceit from the start. The tabloids and the Home Office are united in one key respect: their assumption that to be dishonest in an asylum claim is to be undeserving of protection. Both effectively assume that if asylum seekers are insincere, they face no risk on return.

See also: BBC, The asylum seekers debate

Islamophobia

Miltos Pavlou — Sat, 10 Mar 2012 11:15:03 GMT

- A working definition. From the EUMC report 'Muslims in the European Union. Discrimination and Islamophobia' (2006):

"Islamophobia is a much used but little understood term. Although there is currently no legally agreed definition of Islamophobia, nor has social science developed a common definition, policy and action to combat it is undertaken within the broad concepts of racism and racial discrimination, which are universally accepted by Governments and international organisations. The EUMC therefore bases its approach to identifying the phenomenon and its manifestations on internationally agreed standards on racism and the ongoing work of the Council of Europe and
United Nations.

The Council of Europe’s European Commission against Racism and Intolerance (ECRI) General Policy Recommendation No. 8 on combating racism while fighting terrorism (ECRI (2004) 26): "As a result of the fight against terrorism engaged since the events of 11 September 2001, certain groups of persons, notably Arabs, Jews, Muslims, certain asylum seekers, refugees and immigrants, certain visible minorities and persons perceived as belonging to such groups, have become particularly vulnerable to racism and/or to racial discrimination across many fields of public life including education, employment, housing, access to goods and services, access to public places and freedom of movement".
ECRI General Policy Recommendation No. 5: Muslim communities are subject to prejudice, which “may manifest itself in different guises, in particular through negative general attitudes but also to varying degrees, through discriminatory acts and through violence and harassment”. ECRI General Policy recommendation No. 7 defines racism as “the belief that a ground such as race, colour, language, religion, national or ethnic origin justifies contempt for a person or a group of persons, or the notion of superiority of a person or a group of persons”.

A distinction must also be made between attitudes and actions against Muslims based on unjust stereotypes and criticism of Muslim beliefs that can be seen as undermining fundamental rights. The common fundamental principles of the European Union and its Member States under Community law, the Charter of Fundamental Rights of the European Union and the European Convention for Protection of Human Rights and Fundamental Freedoms, must be respected."

- A Definition by the Runnymede Trust:
The Runnymede Trust has identified eight components that they say define Islamophobia.
This definition, from the 1997 document 'Islamophobia: A Challenge For Us All' is widely accepted, including by the European Monitoring Centre on Racism and Xenophobia.
The eight components are:

1) Islam is seen as a monolithic bloc, static and unresponsive to change.
2) Islam is seen as separate and 'other'. It does not have values in common with other cultures, is not affected by them and does not influence them.
3) Islam is seen as inferior to the West. It is seen as barbaric, irrational, primitive and sexist.
4) Islam is seen as violent, aggressive, threatening, supportive of terrorism and engaged in a 'clash of civilisations'.
5) Islam is seen as a political ideology and is used for political or military advantage.
6) Criticisms made of the West by Islam are rejected out of hand.
7) Hostility towards Islam is used to justify discriminatory practices towards Muslims and exclusion of Muslims from mainstream society.
8) Anti-Muslim hostility is seen as natural or normal.

- Institutional Islamophobia. From the Islamophobia. issues, challenges and action. A report by the Commission on British Muslims and Islamophobia (2004):

"Producing inequalities

Institutional Islamophobia may be defined as those established laws, customs and practices which systematically reflect and produce inequalities in society between Muslims and non-Muslims. If such inequalities accrue to institutional laws, customs or practices, an institution is Islamophobic whether or not the individuals maintaining those practices have Islamophobic intentions. (Adapted from a statement by the Commission for Racial Equality.)

Inbuilt pervasiveness

Differential treatment need be neither conscious nor intentional, and it may be practised routinely by officers whose professionalism is exemplary in all other respects. There is great danger that focusing on overt acts of personal Islamophobia by individual officers may deflect attention from the much greater institutional challenge ... of addressing the more subtle and concealed form that organisational-level Islamophobia may take. Its most important challenging feature is its predominantly hidden character and its inbuilt pervasiveness within the occupational culture. (Adapted from a statement by Dr Robin Oakley)"

Erased (Slovenian: Izbrisani)

Miltos Pavlou — Sat, 10 Mar 2012 08:47:38 GMT

Izbrisani (English: The Erased) are a group of people in Slovenia that were unlawfully deprived of their legal status after the declaration of the country's independence in 1991.

The erasure from the register of permanent residents implemented by the administrative bodies of the Republic of Slovenia was an unlawful act that did not have any basis in the law, as was established by the Constitutional Court in 1999.

The erasure mainly (but not exclusively) affected people born in other republics of the former Yugoslavia who had Yugoslav citizenship and also citizenship of another republic of the former Yugoslavia, but lived in the former Socialist Republic of Slovenia where they had permanent addresses.

When Slovenia became an independent country, on 25 June 1991, citizens of the former Socialist Republic of Slovenia automatically became citizens of the new country, the Republic of Slovenia. Further, according to Article 40 of the Citizenship of the Republic of Slovenia Act, all citizens of other republics of the former SFRY with permanent addresses in the Socialist Republic of Slovenia had the right to apply for Slovenian citizenship within six months from the date of independence. Those who did not obtain citizenship (because they failed to apply for whatever reason, or their application was refused or discarded or the procedure was terminated), lost their permanent residence status. They were deprived of their permanent residence status arbitrarily; local authorities carried out this measure in accordance with instructions from the Ministry of the Interior, at that time headed by the then Minister Igor Bavčar and the then State Secretary of the Interior, Slavko Debelak. The Erased did not receive an administrative decision regarding the loss of their status nor were ever informed about this consequence of not applying for citizenship or rejection of their citizenship application. With the loss of status, they also lost all economic and social rights tied to permanent resident status.

Izbrisani (English: The Erased)

Miltos Pavlou — Sat, 10 Mar 2012 08:47:38 GMT

Izbrisani (English: The Erased) are a group of people in Slovenia that were unlawfully deprived of their legal status after the declaration of the country's independence in 1991.

Roma myth of self-segregation

Miltos Pavlou — Sat, 10 Mar 2012 08:42:34 GMT

From the RAXEN report Housing Conditions of Roma in Greece. Vicious Circles & Consolidated Myths:

The vicious circle of socio-spatial segregation and the consolidated myth of Roma responsibility

The persistence of extreme socio-spatial segregation of Roma and its underlying causes has resulted in acute social exclusion. The spatial segregation of habitats is a pattern closely connected to their socio-economic exclusion which leads them to seek and find unoccupied and isolated areas in order to set up temporary or longterm encampments with makeshift shacks. At the same time, the lack of basic access of most unregulated encampments to public utilities seems to be the result and justification of the Roma’s socio-spatial segregation. In this way, the consequences of their marginalisation become the reasons – and legitimising arguments – for their perennial segregation and exclusion in a persistent vicious circle of stereotyping, state inertia and local hostility.

The Roma minority lack cultural capital and have limited resources for dealing with complex situations in housing; in some cases, dealing with the authorities leads them unable to benefit even from a generous loan programme like in the Greek case. It is like giving a sports car to a person while he does not even possess a driving license. This is true, given their lack of acquaintance with the real estate market and the frauds they suffer as a result, and also, given the affordability problems they face once they own a house. They soon realise that they cannot afford to maintain the house, and consequently move to an adjacent shack built right next door on their own land.

In this way, the myth of Roma responsibility for their own precarious situation is consolidated.

Roma anti-gypsyism stereotypes

Argyro Kazaki — Sat, 10 Mar 2012 08:00:35 GMT

The Commissioner for Human Rights of the Counil of Europe Thomas Hammerberg provides a thorough explanation of anti-Roma stereotypes in his report 'Human rights of Roma and Travellers in Europe' (2012):

Anti-Gypsyism, as specific expression of biases, prejudices and stereotypes that motivate the everyday behaviour of many members of majority groups towards the members of Roma and Traveller communities, is deeply rooted in Europe. Many Europeans who have never interacted with Roma or Travellers volunteer detailed, stereotypical descriptions of Roma or Traveller appearance and behavior as a result of having absorbed this general cultural understanding.

Anti-Gypsy stereotypes also continue to be spread and perpetuated in the media across Europe. A number of journals and broadcast media have been reporting on Roma and Travellers only in the context of social problems and crime. Anti-Gypsyism is reflected in the use of stigmatising anti-Roma rhetoric in public, notably political and media, discourse.

The widespread lack of knowledge of Roma history and culture, both amongst the general public and at the political level, including the lack of recognition of Roma as victims of genocide during the Second World War, further fuels anti-Gypsyism across Europe. This passive denial is often manifested in silence about Roma victims at commemorations and memorials, in media coverage, or in official history and textbooks.

Public leaders and opinion bodies – both elected officials and others – have openly defamed Roma and Travellers using racist or stigmatising rhetoric. In some cases, these words have been understood as encouraging violent action against the Roma, such as mob violence and pogroms.

Here follows an example of a self-conifrmed sterotype and myth about Roma minority's own resposnibility in segregation and precarious living conditions from Greece:

From the RAXEN report Housing Conditions of Roma in Greece. Vicious Circles & Consolidated Myths:

The vicious circle of socio-spatial segregation and the consolidated myth of Roma responsibility

In this way, the myth of Roma responsibility for their own precarious situation is consolidated.

The Internet is increasingly used as a platform for both expression of anti-Gypsyism and the organisation of groups that promote it. In an increasing number of European countries, extremist groups explicitly target Roma and Travellers, in some cases galvanising segments of the public against these persons. Such extremist groups are increasingly active on the Internet, a medium which has allowed for enhanced crossborder co-operation among likeminded groups with extremist outlooks. These groups are active in recruiting youths through a variety of techniques, including the organisation of hate music concerts. Vigilante and paramilitary groups often wear uniforms, use weapons and have been increasingly tightening their net around Roma by using verbal and physical threats and carrying out massive protests. Members of these extremist groups have been found to be at the source of a number of hate crimes targeting Roma.

Anti-Gypsyism

Miltos Pavlou — Sat, 10 Mar 2012 07:48:43 GMT

Anti-Gypsyism

Copying from the report 'Human rights of Roma and Travellers in Europe' (2012) by the Commissioner for Human Rights of the Counil of Europe Thomas Hammerberg:

"Anti-Gypsyism, a term indicating the specific expression of biases, prejudices and stereotypes that motivate the everyday behaviour of many members of majority groups towards the members of Roma and Traveller communities, is deeply rooted in Europe. Many Europeans who have never interacted with Roma or Travellers volunteer detailed, stereotypical descriptions of Roma or Traveller appearance and behavior as a result of having absorbed this general cultural understanding.1

Anti-Gypsy stereotypes that are prevalent throughout Europe – such as the idea that Roma or Travellers are disproportionately reliant on welfare, or are the exclusive perpetrators of various kinds of crimes – pose significant obstacles to overcoming negative attitudes towards these persons. The Commissioner has repeatedly highlighted that anti-Gypsyism is a crucial factor preventing the inclusion of Roma in society and that resolute action against it must therefore be central to any efforts to promote their integration. As a consequence, the Commissioner has noted that “without changes in attitudes within the majority population, all programmes aimed at improving the situation of the Roma people are bound to fail”.2

In addition, all efforts made by the Roma communities themselves to break out of their marginalisation and relate positively to the rest of society will remain in vain. Efforts that are made towards the inclusion of Roma and Travellers should also be accompanied by measures to eradicate anti-Gypsyism within the majority of the population. Recognising that anti-Gypsyism must be eradicated from European society if discrimination against Roma and Travellers is to be eliminated, the Council of Europe and the European Commission launched the “Dosta! Go Beyond Prejudice, Discover the Roma!” campaign in 2006. The Commissioner has supported the launch of the “Dosta!” Campaign in many countries.

Anti-Gypsyism is reflected in the use of stigmatising anti-Roma rhetoric in public, notably political and media, discourse. The Internet is increasingly used as a platform for both expression of anti-Gypsyism and the organisation of groups that promote it. The widespread lack of knowledge of Roma history and culture, both amongst the general public and at the political level, including the lack of recognition of Roma as victims of genocide during the Second World War, further fuels anti-Gypsyism across Europe."

1. Dosta! Campaign, “Aspects of anti-Gypsyism”, 22 November 2006.

2. Commissioner for Human Rights, “Positions on the human rights of Roma”, Position Paper, Strasbourg, 30 May 2010.

RED Atlas of Racism, Discrimination & Equality

Miltos Pavlou — Tue, 15 Nov 2011 17:33:28 GMT

The RED portal is a map-based, user friendly independent tool providing a birds’ eye overview and a comparative insight of the situation regarding racism, xenophobia and discrimination against migrants and minorities, as well as positive and policy initiatives promoting equality in different EU Member States (17 countries are covered in the RED System 1st implementation - 2012). Its main components are the RED Early Warning System and the RED Atlas of Racism, Discrimination & Equality.

The RED Portal provides a RED Atlas of Racism, Discrimination and Equality.

Strength of the RED portal is the unique set of RED indicators built for the RED System and Atlas.

A thorough set of 125 policy, legislation and factual questions/indicators and of 38 key statistic and demographic figures expands beyond the main areas combating racism, hate crime and discrimination against migrants and minorities, to the themes of equality and good practice in the RED Network member states.

The RED indicators range from qualitative to quantitative, and from legal to sociolegal and factual questions/indicators on legislation and its effective implementation in Member States.

The RED Atlas reports yearly and updates on a ‘real-time’ basis:

· Country information on racism & discrimination legislation & policy implementation in key areas of legislation and social life (once & updates)

· Country statistics of Racist-hate crime and discrimination (yearly)

· Country statistics – demographics and economics of migrants & minorities (yearly)

· Trends and developments in key anti-racist, anti-discrimination and pro-equality/diversity/integration legislation, implementation and social life areas:

· Anti-discrimination Legislation & Implementation

· Anti-racist Crime Legislation & Implementation

· Political Parties-organisations - Racist & Xenophobic Discourse

· Anti-racist Policies & Organisations

· Policing - Law Enforcement - Justice

· Employment

· Housing & Segregation

· Education

· Health And Social Protection

· Public Life, Culture, Sport & Media

Answers to the above questions are provided for a selected country in 3 different main strands (Racism, Equality, Discrimination) and in Demographics-Economics and Statistics, while juxtaposition of information for given questions/indicators is provided for all other countries of the ERD Network. Country example: Greece

* For a given timeframe and recording developments/changes in time

RED Early Warning System

Miltos Pavlou — Tue, 15 Nov 2011 17:32:08 GMT

Its main components are the RED Early Warning System and the RED Atlas of Racism, Discrimination & Equality.

The RED Early Warning System (EWS) is a map-based web portal reporting on a real-time basis:

Racist & hate crime alerts/situations/incidents in EU Member States
Policy responses/positive initiatives regarding racism xenophobia and discrimination
Case Studies (combination of more of the above items for a more spherical understanding of situations and context)

For a given (and user selectable) timeframe

Data input by national partners on important incidents –situation – trends regarding racism and discrimination in their countries

RED Alerts: when do we report in the RED Early Warning System?

Criteria:

Major public or media attention - NGO highlight

Duration – sustained impact-significance – chronic pattern

Targeting-discriminating-victimising specific groups

Serious violence - killings

High intercommunity tensions – protests - clashes

Group incidents of same type(s)-victim group(s)s

State reaction-response (police-judicial-government) or lack of it despite public critique

Important ‘game changer’ law & policy – positive measures

Data input is performed by national partners on important incidents –situation – trends regarding racism and discrimination in their countries

Migrant

Victoria Kawesa — Tue, 15 Nov 2011 17:14:39 GMT

There is no official definition of migration in the European Union. The term describes the process of persons moving across borders to live and work and generally implies non-EU citizens moving into or within the EU.

The RED Network adopts the UN definition for migrants regarding data collection and reporting, keeping in mind the different treatment and statuses of third country nationals in different EU Member States:

An international migrant is any person who changes his or her country of usual residence. (see end of page)

The Term “migrant” is not readily accepted by some countries since it may mean entirely different things to different countries implying different legal obligations.

Below follow further definitions for migrant populations used for census and demographic-statsitic purposes internationally:

International migrant stock
(Definition for stock)

The set of persons who have ever changed their country of usual residence. that is Persons who have spent at least one year of their lives in a country other than the one in which they live at the time the data were gathered.

Subpopulations:

• Foreign-born – persons born in a country other than the one in which they live as of usual residence

• Foreigners – living in a country

Foreign population of a country: “all persons who have that country as country of usual residence and who are the citizens of another country.”

The ‘migrant stock’ does not include:

• Temporary migrants

• Undocumented migrants

• Population stock with “foreign background”

• Second-generation immigrants (not really migrants)

International migrant
(Definition of flows)

The UN Recommendations distinguishes two groups of migrants by duration of stay:

• Long-term migrant

• A person who moves to a country other than that of his or her usual residence for a period of at least a year (12 months), so that the country of destination effectively becomes his or her new country of usual residence.

• Short-term migrant

• A person who moves to a country other than that of his or her usual residence for a period of at least 3 months but less than a year (12 months), except in cases where the movement to that country is for purposes of recreation, holiday, visit to friends and relatives, business, medical treatment or religious pilgrimage

Categories of international migrants

Non-migrants

• Border workers

• In transit

• Visitors (tourists, excursionists, business travelers)

• Diplomatic and consular personnel

• Military personnel

• Nomads

Migrants

• Students and trainees

• Migrant workers

• International civil servants

• Migrants for family reunification or family formation

• Migrants having free establishment or movement

• Migrants for settlement (employment-based, family-based, ancestry-based, entrepreneurs and investors,retirees)

• Refugees, asylum seekers, other humanitarian

Long-term migrant

UN Definition:

“A person who moves to a country other than that of his or her usual residence for a period of at least a year (12 months), so that the country of destination effectively becomes his or her new country of usual residence.

From the perspective of the country of departure the person will be a long-term emigrant and from that of the country of arrival the person will be a long-term immigrant.”

Short-term migrant

UN Definition:

“A person who moves to a country other than that of his or her usual residence for a period of at least 3 months but less than a year (12 months), except in cases where the movement to that country is for purposes of recreation, holiday,…

From purposes of international migration statistics, the country of residence of short-term migrants is considered to be the country of destination during the period they spend in it.”

Country of usual residence (RSIM)

(Concept used for international migration) “The country in which a person lives, i.e., the country in which he or she has a place to live where he or she normally spends the daily period of rest. Temporary travel abroad for purposes of recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimage does not change a person’s country.”

RSIM notes (para. 36):

The change of country of usual residence necessary to become an international migrant must involve a period of stay in the country of destination of at least a year

Place of usual residence

(Concept used in censuses)

Usual residence means the place at which a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimage or, in default, the place of legal or registered residence.

References:

Recommendations on Statistics of International Migration, Rev. 1 (1998) [RSIM]

Principles and Recommendations for Population and Housing Censuses, Revision 2 (2007) [P&R]

Refugee - asylum seeker

Sofia Ioannou — Tue, 15 Nov 2011 17:10:59 GMT

Under the EU law(Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted)any non-EU country national or stateless person who is located outside of his/her country of origin and who is unwilling or unable to return to it owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group is a refugee.

«refugee status» means the recognition by a Member State of a third country national or a stateless person as a refugee

Applicants who do not qualify for refugee status, but who can not return to their country of origin due to a real risk of suffering serious harm (torture or inhuman or degrading treatment, death penalty or execution, serious individual threat to the life or person as result of indiscriminate violence) have the right to subsidiary protection.

«person eligible for subsidiary protection» means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.

‘International protection’ means the refugee and subsidiary protection status and may be withdrawn if the circumstances in the country of origin change to such a degree that protection is no longer required. This is also the case if a person has committed serious non-political crimes. Refugee status and subsidiary protection status are two separate but complementary statuses.

Asylum seeker is any third country national who applied for for international protection meaning a request made by a third country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, that can be applied for separately.

A 2010 evaluation report concluded that vagueness and ambiguity surrounding several concepts in the Directive left room for widely divergent interpretations by EU States. It also appeared that a significant share of decisions taken at first instance on individual cases were overturned on appeal, as they were based on criteria which were insufficiently clear or precise. To address those deficiencies, as well as those identified during the consultation process accompanying the Green Paper on the future of the Common European Asylum System, the Commission proposed amending the Qualification Directive.

Source: UNHCR

Under the Geneva United Nations Convention Relating to the Status of Refugees of 1951, a refugee is a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country.

Statelessness

Miltos Pavlou — Tue, 15 Nov 2011 16:57:20 GMT

Statelessness

is the legal and social concept of a lack of belonging (or a lawfully enforceable claim) to any recognised state. Statelessness is not always the same as lack of citizenship.

De jure statelessness is where there exists no recognised state in respect of which the subject has a legally meritorious basis to claim nationality.

De facto statelessness is where the man, woman or child may have a lawful and meritorious claim but is precluded from asserting it because of practical considerations such as cost, circumstances of civil disorder, or the fear of discrimination or persecution.

Statelessness most commonly affects refugees although not all refugees are stateless, and not all stateless men, women and children may be able to qualify as refugees. Refugee status entails the extra requirements that the refugee is outside their country of nationality (or country of habitual domicile if stateless), and is deserving of asylum based upon a well-founded fear of persecution for categorized reasons which make him/her unwilling or unable to avail the protection of that country.

Ethnic Profiling

Victoria Kawesa — Tue, 15 Nov 2011 16:54:54 GMT

Ethnic profiling (differential policing behaviour)

When a decision to stop an individual is motivated solely or mainly by virtue of a person's race, ethnicity or religion, this constitutes discriminatory ethnic profiling. Such practices can serve to alienate certain communities in the EU, and in turn can contribute to inefficient policing.

At a very general level profiling involves categorising individuals according to their characteristics, whether these are ‘unchangeable’ (such as gender, age, ethnicity, height) or ‘changeable’ (such as habits, preferences and other elements of behaviour). Individuals are frequently categorised in this way by insurance companies to assess premium payments according to risks (e.g. smokers may be more likely to have health complications and may therefore be charged higher premiums for health insurance) and by marketing companies to determine which products to advertise (e.g. supermarket loyalty cards may reveal shopping patterns of an individual who then receives details of special offers relating to products that they frequently purchase).

Minority

Victoria Kawesa — Tue, 15 Nov 2011 16:51:26 GMT

Minorities

The term “minorities” in the RED system currently covers broadly migrants or persons of migrant descent and traditional minorities (national minorities).

[Explanatory: The definition of national minorities is provided by the legal system of each Member State. However, in cases where there is substantial evidence that traditional or linguistic minorities that are not legally recognised do encounter critical problems of participation in public life, the lack of official recognition does prevent us from reporting such difficulties. In order to assess and report the situation we make use of the opinions delivered by the Advisory Committee established under the Council of Europe’s Framework Convention for the Protection of National Minorities, FCNM and where relevant, also we take account of the respective comments of the governments concerned and the final resolutions of the Committee of Ministers. All reports available online at

http://www.coe.int/t/dghl/monitoring/ecri/activities/countrybycountry_en.asp

Minority as of Art.1 of the CoE RECOMMENDATION 1201 (1993)on an additional protocol on the rights of national minorities to the European Convention on Human Rights

the expression ‘‘national minority'' refers to a group of persons in a state who :

a. reside on the territory of that state and are citizens thereof ;

b. maintain longstanding, firm and lasting ties with that state ;

c. display distinctive ethnic, cultural, religious or linguistic characteristics ;

d. are sufficiently representative, although smaller in number than the rest of the population of that state or of a region of that state ;

e. are motivated by a concern to preserve together that which constitutes their common identity, including their culture, their traditions, their religion or their language.

Shift of the burden of proof

Miltos Pavlou — Tue, 15 Nov 2011 16:50:27 GMT

Shift of the burden of proof

Article 8.1 of Directive 2000/43/EC: Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.

Discrimination

Victoria Kawesa — Tue, 15 Nov 2011 16:42:50 GMT

Racial discrimination

Is any distinction, exclusion, restriction, preference or omission based on race, colour, descent, nationality or ethnic origin which has the purpose or effect of nullifying or impairing, directly or indirectly, the recognition, equal enjoyment or exercise of human rights and fundamental freedoms recognized in international law. (ICERD)

Direct discrimination (as of the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin)

Occurs where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin.

[explanatory: This refers to an act where one person, for example, is treated less favourably than another solely on grounds of perceived immutable difference (as specified in the RED definition of racism)]

Definitions as of the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin:

Indirect discrimination

Occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

[explanatory: This refers to a situation where an act, although not directly discriminatory, nevertheless has a disproportionately negative effect on those who belong to a particular group or groups perceived as immutably different from the person(s) responsible for the act.]

Harassment

Is direct or indirect discrimination, when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. The concept of harassment may be defined in accordance with the national laws and practice of the Member States.

The 2000/43/EC Anti-Discrimination Directive applies to all persons, as regards both the public and private sectors, including public bodies, in relation to:

(a) conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

(b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

(d) membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations;

(e) social protection, including social security and healthcare;

(f) social advantages;

(g) education;

(h) access to and supply of goods and services which are available to the public, including housing.

The Directive does not cover difference of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons on the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.

Member States may provide that a difference of treatment which is based on a characteristic related to racial or ethnic origin shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

Positive action: With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.