Resolution 2011
AWR Resolution Leiden 2011
On the occasion of the 61st AWR International Congress on
“Integration and Identity”,
AWR passed the following resolution:
On the occasion of the 61st AWR International Congress on
“Integration and Identity”,
AWR passed the following resolution:
1. AWR recalls the 2003 “Wuerzburg Resolution on Asylum and Integration” and the 2003 AWR Study on “Asylum and Integration in Member States of the EU” in which it was stated inter alia:
Integration means enabling participation. Integration, in the sense of participation in social life is an absolute human requirement. The ability to claim this is a universal human right; to guarantee it, is one of the most basic duties of the state – primarily, the State of origin, subsidiary, the State of refuge or in specific circumstances the State of residence. On the other hand integration also means living in accordance with society’s basic standards. Integration, therefore contradicts concepts of assimilation as well as of multicultural indifference. Instead, AWR calls for an agreement on a fundamental social consensus, expressed in the written and real constitution of the individual States and the means which are necessary to preserve this consensus.
2. On the other hand, identity is to be seen not only as an expression of an indepen-dent “self”, but, at the same time, as being related to communication and society. There is an obvious link between identity (as the way the individual sees himself) and recognition (as the reflection of one’s own picture by the community or socie-ty). On the other hand, the fact that one’s culture and identity are worth to be pro-tected does not mean that individuals have to be shielded from any influences which might adapt or change one’s identity. As has been expressed before, there is no determinism regarding human identity but a permanent dialectic between the power of conditionality and the dynamics of freedom.
3. As integration politics may challenge the migrant’s identity, although foremost aimed at maximalizing the chances to a meaningful life, a balancing act has to be achieved between societies´ interest in integration and the migrant’s owenership of his own identity. In any case ‘participation’ is a leading concept thereto.
4. With this in mind, the 2011 Leiden Conference concluded inter alia
a) Aspects
Integration, whatever its definition, has legal, anthropological, sociological, psy-chological, economic, educational, civic, societal and other aspects, all of which are inter-related.
b) Facilitation
This indeed means that the legal characteristics of integration are just one of the many; it is understood that a legal approach should facilitate integration rather than frustrate it; lawyers should be part of the solution, – not of the problem.
c) Human Rights
Human rights law focuses on ‘respect, protection and fulfillment’, and this is no different in integration and identity issues.
d) Diversity
The positive aspects of diversity should be cherished, particularly when based on cultural identity; however, social cohesion, being a crucial condition for societal in-teraction, shall be upheld as a conditio sine qua non.
e) Trust
Integration is part and parcel of the ´mutual understanding´ principles and as such increases the level of trust, which is essential to modern society. Successful integra-tion has a positive impact on society’s attitudes towards migratory movements in general. Paradoxically it is understood that successful integration may have an im-pact on return movements, promoting it in some cases, hampering it in others.
f) UDHR, art. 29
The principles laid down in the various Human Rights instruments should be scru-pulously upheld. This includes the notion of duty and responsibility as highlighted in the UDHR, art. 29.
g) Freedoms
With this in mind, special attention needs to be paid to the differenence between in-tegration and assimilation, as well as between the freedom of expression and reli-gion on the one hand and freedom from want and fear on the other (with due reference to the January 1941 State of the Union address, the basis for the UDHR).
h) Education
It is recalled that many of the relevant freedoms are linked to the obligation to educate all children towards promoting understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace (ICESCR art. 13.1). This principle should also be reflected in all integration action plans and programmes.
5. AWR calls for an extended research and a deepened understanding of the regional, European and domestic laws, rules and regulations in this respect in order to better explore the juridical basis, framework and boundaries for European and national discretion with regard to integration politics.
6. AWR also calls for a sound debate (scholarly, political and societal) about the state of integration, achievements, pitfalls, goals and standards; AWR welcomes the de-velopments of various sets of integration indicators (like in Austria and Germany) and invites others (including the EU/Commission) to join that effort, which should include relevant economic data. Additionally, it is submitted, that the European Union – even under the presumed restrictions of Art. 79 para. 4 TFEU – has the competence to develop European Integration Indicators, observe the integration developments within the Member States, set common goals and minimum standards as well. By doing so, an approach based not on solely relying on the furthering of projects but rather on trying to change structures should be welcomed, as the process of urbanization and the related challenges and chances for migrants and refugees should be taken into due account. Indeed, integration is to be considered a civic duty for both receiving societies and migrants and not only an opportunity.
Notes
1) Michael WOLLENSCHLÄGER (ed.), Asylum and Integration in Member States of the EU, Berlin 20032) ICESCR art. 13.1: The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and funda-mental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.