URL: http://assembly.coe.int/Documents/WorkingDocs/Doc05/EDOC10453.htm

   <h>Doc. 10453

   <h>7 February 2005

   <h>Migration and integration: a challenge and an opportunity for Europe

   <h>Report

   <h>Committee on Migration, Refugees and Population

   <h>Rapporteur: Mr Jean-Guy Branger, France, Group of the European
   People's Party

   <h>Summary

   <p>Strong, steady growth can be noted in human mobility and Europe, which
   is viewed as an area of stability and prosperity, will continue in
   coming years to be immensely attractive to migrants from less-favoured
   countries and to asylum seekers fleeing wars, persecution and human
   rights violations.

   <p>In a multicultural, multi-ethnic Europe, which is increasingly a
   refuge for asylum seekers and a destination for immigrants, the most
   pressing challenge for governments is to guarantee that the
   fundamental values of our societies, such as human rights, democracy
   and the rule of law, will be shared by everyone living in Europe.

   <p>It is necessary to take up this challenge, in order to be able to
   benefit fully from the opportunities that immigration offers Europe in
   terms of the supply of labour, intellectual input and cultural
   diversity.

   <h>I.       Draft resolution

   <p>1.       Strong, steady growth can be noted in human mobility. Europe,
   which is viewed as an area of stability and prosperity, will continue
   in coming years to be immensely attractive to migrants from
   less-favoured countries and to asylum seekers fleeing wars,
   persecution and human rights violations.

   <p>2.       In a multicultural, multi-ethnic Europe, which is
   increasingly a refuge for asylum seekers and a destination for
   immigrants, the most pressing challenge for governments is to
   guarantee that the fundamental values of our societies, such as the
   respect of human rights, democracy and the rule of law, will be shared
   by everyone living in Europe.

   <p>3.       It is necessary to take up this challenge in order to be able
   to benefit fully from the opportunities that immigration offers Europe
   in terms of the supply of labour, intellectual input and cultural
   diversity.

   <p>4.       The concept of integration aims at ensuring social cohesion
   through accommodation of diversity understood as a two-way process. On
   the one hand, immigrants have to accept basic values of European
   societies. On the other, host societies have to respect immigrants'
   dignity and distinct identity and to take it into account when
   elaborating domestic policies.

   <p>5.       In accordance with its previous recommendations and
   resolutions, the Parliamentary Assembly reiterates the importance of
   implementing effective policies to ensure full integration of
   foreigners residing lawfully in Council of Europe member states as
   part of an overall strategy covering all aspects of migration,
   including labour migration and illegal migration, and the efforts to
   combat trafficking in human beings and to combat terrorism.

   <p>6.       In this connection, the Assembly refers to its Recommendation
   1625 (2003) on policies for the integration of immigrants in Council
   of Europe member states and in particular reasserts the principle that
   immigrants should be able to participate fully in the life of the host
   country, on the basis of equality of rights and opportunities in
   return for equality of obligations. Those obligations include showing
   respect for human rights and fundamental freedoms, as laid down in the
   European Convention on Human Rights, for the principle of equality
   between women and men and, generally, for the Constitution and laws of
   the host state.

   <p>7.       Council of Europe member states must, for their part, ensure
   that, within their jurisdiction, immigrants are not discriminated
   against in terms of access to and protection of their rights, with a
   particular attention to certain sectors, such as education and
   employment.

   <p>8.       The Assembly draws attention to the many activities pursued
   by the Council of Europe's intergovernmental committees, in particular
   the European Committee on Migration (CDMG), to devise and promote
   integration policies capable of meeting the current challenges.

   <p>9.       In this connection, the Assembly calls on Council of Europe
   member states to:

   <p>i.       make it one of their political priorities to agree a
   migration strategy, entailing an overall approach encompassing all
   aspects of migration, including its causes and consequences and the
   challenges it raises. In this context, it would be appropriate to:
   <l>a.       emphasise the importance of co-development policies, with the
       aim of reducing poverty in the countries of origin, while giving
       them responsibility for managing development instruments and
       resources;
       <l>b.       take steps to avoid migratory movements generated by the
       need for protection, through activities and means of pressure
       aimed at preventing conflicts and promoting respect for human
       rights in the countries of origin;

   <p>ii.       ensure, in all their activities that may have implications
   for migration, including fighting terrorism, strict respect for human
   rights and fundamental freedoms, as laid down in the European
   Convention on Human Rights and the protocols thereto;

   <p>iii.       offer opportunities for lawful immigration, with a view to
   employment, to a number of would-be emigrants on the basis of a
   selection founded on objective criteria which take account of labour
   market needs in the host country and its social system's capacity to
   guarantee a reasonable standard of living for these workers and their
   families;

   <p>iv.       make a subsequent effort to foster knowledge of the
   fundamental values of the Council of Europe at all levels within
   society, in particular among immigrants, by:
   <l>a.       holding courses on basic rights and responsibilities for
       newly arrived immigrants, free of charge;
       <l>b.       including this type of instruction in optional or
       mandatory integration schemes for immigrants in those countries
       where such schemes exist;
       <l>c.       where possible, organising this type of instruction in
       the countries of origin for would-be emigrants whose applications
       have been accepted;

   <p>v.       promote campaigns for the distribution of reliable, clear
   information, not liable to be interpreted in a racist or xenophobic
   manner, on migration and on the culture, traditions and integration
   objectives of immigrants living within their borders;

   <p>vi.       develop reliable instruments for measuring migratory
   movements at national level and co-operate in ensuring data
   comparability at an international level.

   <p>10.       In addition, the Assembly invites the European Union to:

   <p>i.       pursue its efforts to establish a common asylum and migration
   policy;

   <p>ii.       support the new member states' efforts to cope with illegal
   immigration and to endow them with legal and practical means of
   enhancing immigrants' integration;

   <p>iii.       help raise European public awareness of the consequences of
   the accession of the new member states and of their citizens' rights
   with regard to freedom of movement.

   <h>II.       Explanatory memorandum by Mr Jean-Guy Branger

   <p>"Immigrants are a living testimony to history and to the present."
   Emile Mallet, Sociologist

   <h>I.        Introduction

   <p>1.       The issues raised by immigration and integration represent a
   huge challenge that Europe must now take up. This is because human
   mobility is showing strong, steady growth. Europe, which is perceived
   as a stable, prosperous area, will continue in coming years to be
   extremely attractive to migrants from less fortunate countries. The
   Council of Europe has to take full part in debate on the integration
   process, as the challenge posed is consistent with fulfilment of its
   principal objectives.

   <p>2.       The vast majority of people who have settled in Europe on a
   long-term basis have gradually become integrated in the population of
   the host country and aspire to live there peacefully, being aware of
   the advantages Europe has to offer in terms of respect for fundamental
   freedoms and human rights, employment and access to health care and,
   in the case of their children, to education. Yet most of the Council
   of Europe member states are now reconsidering the integration policies
   they have pursued to date, which have not succeeded fully
   satisfactorily in integrating immigrants lawfully resident on their
   territory and members of their families into the economic, social and
   political set-up of the country. This situation is reflected in the
   compartmentalisation of society and fosters feelings of intolerance
   and xenophobia.

   <p>3.       While western Europe has taken in tens of millions of
   immigrants who came in search of freedom and the opportunity to
   prosper, it is now the destination of waves of migrants from areas
   where not only is there rampant poverty, but despotic governments or
   terrorist groups act in an arbitrary fashion or are guilty of
   persecution or violence. All that these prospective immigrants know
   about European civilisation is that it is materially successful; they
   are unaware of the rules underpinning our societies, which are based
   on the principles of equality and the universality of human rights.
   These migrants put our societies in a paradoxical situation, insofar
   as people come to Europe in search of protection against arbitrary
   rule and access to political, social and financial independence,
   whereas certain groups would like to impose rules governing "immigrant
   communities" that are at variance with the independence that goes
   hand-in-hand with equality and the universality of human rights.

   <p>4.       It is all the more difficult to rise to the challenge as the
   second-generation and third-generation children of immigrants
   sometimes claim to adhere to "fundamentalist" groups, whereas their
   parents wanted themselves and their children to become integrated into
   the host society.

   <p>5.       This challenge is having to be addressed in a difficult
   climate, in which there is a decline in the number of industrial jobs
   in Europe as a result of relocation and, at the same time, an influx
   of poorly-skilled immigrants who, precisely the because of their lack
   of skills, have problems in finding jobs. It has to be admitted that
   the difficulties experienced by certain immigrants are exploited,
   under the pretext of the strict enforcement of certain religious laws,
   for subversive political ends, which go so far as to include
   enlistment by terrorist groups, as is borne out by the attacks in the
   United States on 11 September 2001 and those in Madrid on
   11 March 2004.

   <p>6.       It must likewise be admitted that certain iniquitous
   religious leaders stir up feelings of hatred or even racism towards
   the host society or some sections of that society. This is leading to
   an unacceptable resurgence of the anti-Semitism that left its tragic
   mark on Europe's history. Our countries must not turn a blind eye to
   these challenges to their own values and must take a firm stand in
   response to those who call for ever-greater tolerance and who at the
   same time disseminate messages of hatred or even encourage terrorism.
   This firm stand must, however, be taken with due regard for the rules
   laid down in the European Convention on Human Rights and the
   constitutional safeguards in force in European countries.

   <p>7.       The Parliamentary Assembly of the Council of Europe has paid
   particularly close attention to the question of integrating
   immigrants, a field in which it has adopted, inter alia,
   Recommendation 712 (1973) on integration of migrant workers with the
   society of their host countries, Resolution 631 (1976) on integration
   of migrants into society as regards education and cultural
   development, Recommendation 1206 (1993) on integration of migrants and
   community relations, Recommendation 1500 (2001) on participation of
   immigrants and foreign residents in political life in the Council of
   Europe member states and Recommendation 1596 (2003) on the situation
   of young migrants in Europe. The Rapporteur also wishes to mention
   Recommendation 1625 (2003) on policies for the integration of
   immigrants in Council of Europe member states, and in particular the
   principle that immigrants should be able to participate fully in the
   life of the host country's society on the basis of equality of rights
   and opportunities in return for equality of obligations.

   <h>2.       Fundamental values of the Council of Europe

   <p>8.       The fundamental values upheld by the Council of Europe are
   human rights, pluralist democracy, the rule of law, which takes
   precedence over force, and the promotion of the cultural diversity of
   Europe. This diversity is not a culture in itself, but a mosaic of
   different cultures.

   <p>9.       Since 11 September 2001 it has been necessary to supplement
   these values with a political objective common to all member states:
   that of combating terrorism, which, having struck in other parts of
   the world before reaching our borders, made its full presence felt
   within Europe itself, with the bloody attack in Madrid in March 2004
   (a repeat of the attacks in Paris in 1986, among others). The constant
   threat we face from terrorist groups is such that we cannot lower our
   guard in the near or foreseeable future: it is a key factor that must
   now be incorporated in our discussions on immigration and integration.

   <p>10.       Fundamentalism can lead to terrorism, and we must take this
   into account in our own countries by ensuring that the groups
   concerned do not have a podium within our national borders that they
   can use to spread hate; at the same time, we must be careful that the,
   albeit necessary, measures taken do not undermine the Council of
   Europe's values by imposing unwarranted, disproportionate restrictions
   on immigrants' personal freedoms or by discriminating against them.
   Combating illegal immigration, and dismantling the human trafficking
   networks which are, unfortunately, all too common on European
   territory, are also priorities for the future. France, with the reform
   of its legislation early in 2004 at the instigation of Mr Nicolas
   Sarkozy, is one of the countries behind this approach.

   <h>3.       Demographic context

      	  <h>3.1.       Statistics

         <h>3.1.1.       Population trends in the main regions of Europe
   from 1950 to 2050

   <p>11.       Analyses for western Europe based on work by the United
   Nations dating from 2001 reveal the following situation: after a very
   steep population increase between 1950 and 1975, the pace of increase
   declines until 2010; the population then tends to stagnate until 2013,
   after which it begins to fall increasingly steeply until 2050.

   <p>12.       In southern Europe there is a substantial increase until the
   1990s, which then slows down until 2010, after which the population
   falls sharply, to return to the 1960 figure by 2050.

   <p>13.       In northern Europe, the population increase is moderate but
   steady from the 1950s to the 2030s, and then declines very slightly
   until 2050.

   <p>14.       In eastern Europe, excluding the Russian Federation, the
   situation is somewhat comparable to that in southern Europe, with an
   even more substantial rise in population until the 2000s, followed by
   a much faster, sharper fall, bringing the population in 2050 back to
   what it was in 1950.

   <p>15.       The situation in the Russian Federation is even more
   dramatic: having shot up in the period up to the 1990s, the population
   falls particularly quickly and spectacularly up to 2050.

   <p>16.       All these analysis are based on the likely hypothesis that
   the fertility rate will rise slightly but will never be sufficient to
   make good the difference between the number of births and the number
   of deaths, as the latter is, on average, increasingly high.

   <p>17.       We can therefore expect a general decline in Europe's
   population, which it will not be possible to offset by fertility
   alone.

         <h>3.1.2.       Fertility

   <p>18.       The annual fertility rate in Europe is particularly low,
   although there are many geographical disparities. Europe is having to
   cope with an ageing population, and hence a shrinking work force,
   matched by an increase in the retired population.

   <p>19.       In France, births exceed deaths by a figure of some 250,000.
   Norway and the Netherlands also have significant excesses of births
   over deaths. The United Kingdom has a slight excess, while in Sweden
   there are equal numbers of births and deaths. In Italy, Spain,
   Portugal, Greece and Poland, there has been a small variation,
   resulting in the number of births being slightly lower than the number
   of deaths. In Germany and central Europe there are already more deaths
   than births: the situation is alarming in the Russian Federation.

   <p>20.       At the same time, the populations of the United States and
   Canada are growing steadily.

         <h>3.1.3.       Migration

   <p>21.       The 20th century saw an increase in migration, one reason
   being the growing number and increasing speed of means of
   communication. Unfortunately, however, the main explanation is the
   existence, firstly, of major world conflicts and, secondly, of
   local/regional conflicts nearer home.

   <p>22.       Before the Second World War, Europe had more emigrants than
   immigrants. The trend was gradually reversed and, little by little,
   spread even to the southern European countries. The collapse of the
   Soviet Union did not lead to as great a population movement towards
   western Europe as had been feared in certain quarters, particularly in
   view of the enlargement of the European Union. On the other hand, the
   conflicts tearing central and west Africa apart, along with poverty
   and population growth rates that always exceed economic growth,
   however vigorous that may be, prompt thousands of men and women to try
   to emigrate to Europe.

   <p>23.       It is worth taking a look at the percentage of immigrants in
   a number of countries between 1980 and 2000. In Belgium it was fairly
   stable, apart from a slight fall in the late 1980s, at 9% of the total
   population. In Germany, apart from a decline between 1992 and 1994,
   which was soon made good, it increased steadily, from 7.2 to about
   8.3%. In Italy, which was for long time an emigration country, the
   proportion remained very low, even though it rose rapidly, from 0.3 to
   2.8%, largely because of the arrival of an ever-growing number of
   illegal immigrants from Africa in Sicily and other Mediterranean
   islands, such as Lampedusa, or from Albania and the Balkans. It is
   particularly worth taking note of the situation in Switzerland, which
   is completely different, in that Switzerland is the only Council of
   Europe member state to have introduced and administered a genuine
   immigration policy, quantified according to its needs: the proportion
   of the population accounted for by immigrants rose from 14% in 1980 to
   over 19% in 1996; this was followed by a steady but as yet moderate
   fall to just over 18% of the total population.

         <h>3.2.       Excess of births over deaths and net migration

   <p>24.       Net migration, or the difference over a given period between
   the number of emigrants and the number of immigrants, is a variable
   that is difficult to assess in many countries, because the figures
   used to establish it are often unreliable, particularly on account of
   illegal immigration, which is inherently difficult to quantify. The
   myth of "Fortress Europe" must be refuted, as is demonstrated by the
   report by Mr Thierry Mariani, French member of parliament. In the year
   2000, 1.7 million people lawfully entered the 15-member European Union
   alone, while the number of new illegal immigrants is estimated at
   500,000. The total figure of 2,200,000 people means that five times
   the population of Luxembourg, or a population equivalent to that of
   the city of Berlin, settled in Europe in one year. France took in some
   200,000 new legal immigrants in 2002, while 150,000 people obtained
   French nationality and were therefore no longer counted as foreigners.

   <p>25.       The actual figure is very often twice that indicated by the
   official statistics. Even if we were to double the latter, however,
   the result would not be sufficient to offset the general decline in
   fertility.

   <p>26.       Can population trends be influenced? There is no certainty
   that it will be possible to bring about a resurgence of the birth
   rate, a very uncertain parameter, in all the member states. Moreover,
   the effects of any such resurgence would not be apparent until much
   later, since it is estimated that it takes 25 years for a demographic
   change of this kind to make itself felt. As for the decline in
   mortality and the increase in longevity, we can only welcome these
   trends and hope that they continue and are matched by an improvement
   in the quality of life in the extra years gained. Account has to be
   taken of decline in mortality, which is accompanied by ageing of the
   population, which places a heavy burden on national and European
   budgets.

   <p>27.       This brings us to the European context of migration. Europe
   has to prepare itself to continue to receive new arrivals. This
   immigration may be desired and organised (selective immigration) or
   uncontrolled. The immigrants will have to be integrated, and it must
   be borne in mind that the previous generations were not always
   integrated easily or satisfactorily.

   <p>28.       The experts all agree that immigration cannot be considered
   a miracle solution that will offset the effects of the ageing of the
   population and the falling birth rate, for immigrants themselves are
   ageing, and their average age is only slightly lower than that of the
   host population. There are those who contend that this means that
   ever-increasing immigration is necessary. Massive immigration might be
   more profitable in purely demographic terms and could attenuate the
   impact of the ageing of the population, but the benefits have to be
   set against the fact that the number of jobs, including those that are
   most accessible, is shrinking because industries are relocating
   outside Europe, and against the economic and social problems that
   massive immigration may cause, given that the integration process is
   inherently slow.

   <h>4.       Migration context

         <h>4.1.       Historical background

   <p>29.       It should first be noted that, although instruments for
   measuring migration exist, the figures produced are often inaccurate,
   either because of a lack of political will or because the resources
   needed to use them are lacking. This is the case in the most highly
   developed countries. The situation is even more complicated in
   countries where facilities for monitoring migration are not yet
   properly established, as in some of the new EU member states.

   <p>30.       Immigration takes very different forms, depending on the
   country concerned, its geographical location and its history.

   <p>31.       After taking in immigrant labour, after the Second World
   War, from its eastern and southern regions and then from North Africa
   and the former colonies, Europe is now taking in migrants from
   countries where there is great social deprivation, from war zones and
   from areas ruled by despots.

   <p>32.       Germany, for instance, took in 12 million refugees of German
   origin after 1945, and 3 million East Germans between 1949 in 1961.
   Thereafter, the bulk of immigration came from Portugal, Greece and the
   former Yugoslavia. This was followed by substantial Turkish
   immigration, currently estimated at nearly 3 million people.

   <p>33.       The Netherlands took in 300,000 returning emigrants from
   Indonesia, 200,000 from Surinam and 80,000 from the Dutch West Indies
   as a result of decolonisation. This was followed by substantial
   immigration from Morocco.

   <p>34.       Italy, having long been a source of emigration, gradually
   became an immigration country, particularly after the dismantlement
   of Soviet Union. A period of "Muslim" integration was followed by
   non-Muslim integration from Romania and Ukraine. There are now some
   2,300,000 immigrants with residence permits. This figure does not
   cover minors, for whom there are no records. The very high number of
   lawful immigrants is the result of the fact that numerous immigrants
   have had their situation regularised. The latest round of
   regularisation, which took place in 2003, saw between 600,000 and
   700,000 illegal immigrants regularised. The figures reveal a
   demographic change in the immigrant population: men have brought their
   wives to Italy, thereby reuniting their families. Muslim women,
   however, are not likely to work, in accordance with their cultural
   traditions.

   <p>35.       Britain experienced large-scale immigration following
   decolonisation, and in the 1990s became a preferred destination for
   asylum-seekers. This was because conditions of admission to the
   country were relatively attractive compared with some other European
   states, in particular loose border controls, the fact that new
   arrivals did not need to produce certain administrative documents and
   the complete freedom of expression prevailing there. This situation
   became a sticking point with France regarding illegal immigration.
   Illegal immigrants wishing to enter Britain transited via France, in
   the hope of slipping across the Channel, but were usually caught and
   found themselves blocked in northern France, where they were housed in
   increasingly overcrowded reception centres, including the regrettably
   well-known Sangatte camp. Living conditions in Sangatte were very
   poor, and inmates had no chance of remaining in France unless they
   were granted asylum (but that meant satisfying the conditions). Yet
   settling in Britain inspired such great hope that illegal immigrants
   continued to be drawn in large numbers to northern France, at the risk
   of being consigned to these squalid camps and subsequently expelled.
   The situation was resolved only when Britain agreed to review the
   status of these would-be immigrants and to change its asylum and
   immigration conditions. The most recent statistics show a plunge in
   applications for asylum in Britain in 2003, with 61,050 cases
   registered compared with 103,100 in 2002.

   <p>36.       France's strong tradition of taking in immigrants and
   asylum-seekers is based on the prospect of their obtaining full
   citizenship. In 2002 France took in some 200,000 new arrivals, who
   came to stay, while 150,000 immigrants already settled in France were
   able to become naturalised and obtain all the rights available to
   French citizens. In the case of France, the immigration figures must
   be interpreted in the light of two specific legal features: jus soli,
   whereby nationality is acquired by virtue of birth on French
   territory, and the ease with which French nationality may be obtained.
   Thus, although the figure for the population of foreign nationality
   settled in France seems to have been stable for the last 50 years, at
   about 10% of the population, or some 5 million people, account must be
   taken of the 120,000 naturalisations that take place every year (the
   equivalent of the population of a city such as Rouen or Dijon) and the
   fact that French nationality is automatically granted to children born
   in France of foreign parents. Demographers have been able to establish
   that one French person in four has at least one grandparent of foreign
   extraction. If France had legislation comparable to that of the states
   that apply jus sanguinis, the figure for the proportion of immigrants
   settled in France would doubtless have to be doubled. Indeed, an
   earlier report presented to the Assembly stated that France accounted
   for 75% of immigrants of North African origin settled in Europe.
   Quite apart from this steady immigration from its former colonies in
   North and West Africa, France is one of the main destinations of
   asylum-seekers not only from Africa but also from the Balkans, Central
   Asia and the Far East. France took in numerous asylum-seekers fleeing
   Vietnam after the Communist victory, the "boat people", whose quiet
   but outstanding success is a tribute to their courage and, at the same
   time, shows that communities with different cultures can live together
   harmoniously. There was then a rush of asylum-seekers from all the
   zones where there was conflict and poverty, from the Congo to
   Pakistan, not to mention the "bogus" asylum-seekers who migrate for
   economic reasons.

         <h>4.2.       Recent state of migration

   <p>37.       Germany absorbs a massive number of non-EU immigrants, the
   great majority from Turkey. France also attracts twice as many non-EU
   as EU immigrants, unlike Luxembourg and Ireland. Germany is still
   attracting more Turks, Poles and Italians. France takes in large
   numbers of Algerians and Moroccans. Finland is gradually becoming an
   immigration country. There is also considerably intra-EU movement
   between France, Germany and the United Kingdom.

   <p>38.       As Europe enlarges, its borders are pushed further back, and
   what was previously extra-Community immigration is now becoming an
   intra-EU migration flow; at the same time, countries from Poland to
   Cyprus now lie along the borders of eastern and southern Europe will
   henceforth be facing a new type of immigration from eastern Europe,
   Asia Minor, and even the Far East and Africa.

         <h>4.3.       Causes of migration

   <p>39.       Having taken in tens of millions of immigrants arriving in
   Europe in search of freedom and possible access to prosperity, the Old
   Continent is now the destination of migrants from areas afflicted not
   only by economic deprivation but also by arbitrary government or
   indeed persecution and violence by dictatorships and/or terrorist
   groups. The only thing such prospective emigrants know about European
   civilisation is its apparent material success: they know nothing of
   the rules governing the functioning of our societies, drawing on the
   principle of equality and universal individual rights. Even more
   seriously, many of them have no desire to share such principles, which
   some go about defying or even combating.

   <p>40.       The causes of migration may be broken down into three main
   trends:

   <l>i.       demographic factors: differential population growth; high
   fertility rates, combined with high mortality rates, often compounded
   with one of the factors mentioned below, result in a migration flow
   which is vital for survival (the case of much of Asia, for instance,
   and Africa, with average birth rates of 7 surviving children per
   family, as in Nigeria);

   <l>ii.       economic factors: underdevelopment, which happens when
   population growth exceeds economic growth, even where the latter is
   robust: this applies to immigration from the third world, with
   immigrants aspiring to a degree of prosperity inaccessible to them in
   their countries of origin;

   <l>iii.       political factors: war, insecurity, oppression and ethnic
   and religious persecution.

   <p>41.       More and more emergency situations are due to famines,
   epidemics, tribal conflicts or terrorism. The most tragic problem,
   tragic because it should actually be the easiest to solve, is that of
   famines, given that they are often combined with other factors. The
   situation is exacerbated by the corruption of elites or warlords, who
   block the distribution of food aid, which is nevertheless widely
   available, or prevent it from reaching the actual famine victims.

         <h>4.4.       The economic and social consequences of migration in
   host societies

   <p>42.       The European context is difficult in that not only is
   industrial employment in decline, particularly owing to relocations,
   but also there is a huge influx of immigrants who have difficulty
   entering the labour market because they lack the requisite skills.

   <p>43.       Nevertheless, the consequences vary greatly depending on the
   host country and the immigrant population.

   <p>44.       As a general rule, unemployment rates among non-EU immigrant
   populations are much higher than among the indigenous populations, and
   this even applies to immigrants who have obtained their host country's
   nationality. Unfortunately, all too often severe discrimination in
   employment matters can be noted, although European legislation seeks
   to counter such practices. However, discrimination is sometimes
   difficult to prove, since employers rarely admit to it and cite other
   reasons for failing to recruit people of foreign origin. In some
   countries, particularly France, pressure groups are taking steps to
   test recruitment practices using "anonymised" CVs, which initially
   show neither the name, the place of birth nor a photograph of job
   applicants but merely state their qualifications and occupational
   experience, to assess the role which "gut reactions" on purely racial
   or ethnic grounds play in foreigners' recruitment difficulties. To
   overcome the ever-present problem of unemployment among immigrant
   populations it is also essential to bear in mind the vital importance
   of education: mastery of the host country's language and obtaining
   training, if possible in keeping with labour market demand, are
   prerequisites if the problems posed by an under-qualified labour force
   are to be avoided. This is naturally a message which can be conveyed
   more easily and more effectively to school children.

   <p>45.       Family reunion of immigrants from Muslim regions raises the
   same problems throughout Europe, as integration of women in the labour
   market and, more generally, in community life collides with tradition,
   which can also curb the integration of children, particularly girls.
   Fortunately, increasing numbers of Maghrebi women, for instance, are
   militating for reconciling loyalty to their original culture in the
   private sphere with the exercise of all their civic rights. Such
   efforts can succeed provided that the host State ensures that the
   universal rights secured for all persons present in the territory of
   the 46 member States of the Council of Europe under the European
   Convention on Human Rights take precedence over the influence of those
   who presume to regiment the immigrant "communities". As for
   immigration from eastern Europe, in Italy, for example, this mainly
   involves female immigrants, thus fitting in with a specifically
   Italian social, economic and cultural reality: most of these women
   work as cleaners, and especially as home helps. The Italian State has
   washed its hands of family and old-age policy: Italian families are
   becoming smaller and smaller, and family assistance is being farmed
   out to private companies to meet social needs.

   <p>46.       In most European immigration areas female labour centres on
   local unskilled service activities, at least for the first-generation
   immigrants. However, many young women of immigrant origin have
   achieved excellent school results followed by brilliant professional
   careers, provided that their cultural traditions do not bar them from
   the educational and training courses that provide the best
   qualifications.

   <p>47.       We must also consider the social costs of immigration. This
   is a tricky matter because we must avoid lapsing into caricature and
   prejudice. Admittedly we do have to combat illegal immigration,
   beginning by prosecuting the people-smugglers who take advantage of
   prospective travellers to Europe, showing utter disregard for the very
   lives of their passengers: no one can forget the 56 Chinese people who
   died of suffocation in a lorry on their way to Great Britain, the
   Africans who die while attempting to reach Spain across the Straits of
   Gibraltar, or the very recent case of the makeshift boats that left a
   few dozen survivors washed up on the southern shores of Italy, several
   dozen having drowned during a crossing that had cost them several
   thousand Euros, etc. Illegal work must also be discouraged, as it
   jeopardises the unprotected immigrants and distorts the labour market
   in the host countries.

   <p>48.       Although we must also combat the occasional abuses of the
   system, with some individuals attempting to live solely from social
   welfare without making any contribution to the host country's economy,
   once we have secured effective measures against illegal immigration
   and have successfully prosecuted the abuses noted, the funds expended
   on behalf of immigrants must be regarded as an investment which will
   eventually benefit all the host communities.

   <p>49.       This applies in particular to educational and medical
   expenditure. Not only will well-educated, healthy people "integrate"
   more easily into the national host communities, but also they will
   considerably enrich them. Another major side-effect is that they will
   less easily fall prey to the advocates of fundamentalism and rejection
   of Western standards, whose hate-filled word are fuelled by
   frustration. So the individual States must take account of these
   realities and plan the corresponding expenditure, including social
   welfare spending.

   <p>50.       Alongside the economic and social consequences of migration,
   there also arises the central question of immigrant integration in the
   host societies.

   <h>5.       Integration in the host communities

         <h>5.1.       Possible conceptions of integration

   <p>51.       A variety of conceptions of integration coexist within
   Europe. We must also look beyond our borders for other possible
   definitions of integration.

   <p>52.       A range of different policies have been implemented
   throughout Europe, and all these policies have shown their limits.
   Although we should bear in mind all the different approaches and
   possibly use them as a basis for our investigations, they cannot
   simply be transposed as they stand.

   <p>53.       We must fight shy of any attempt to standardise integration,
   and instead try to reconcile the various approaches to immigration
   depending on the traditions and legislation in force in the host
   States. The main distinction to be drawn is between assimilation of
   immigrants and communalism or multiculturalism.

   <p>54.       Assimilation - which is inconsistent with the values of the
   Council of Europe - confines cultural or religious differences to the
   private sphere and shuns any consideration of "ethnic origins".
   Individuals must blend into the national community. All members of
   society must share the same social blueprint and common values. They
   must accept the same laws and enjoy the same rights in accordance with
   the principles of equality and universality. The optimum indicator for
   assimilation is where the assimilated individuals' specificities are
   pushed into the background as a token of their renunciation of certain
   elements of their original culture and of their integration into a
   specific community of individuals.

   <p>55.       Conversely, under communalism, which we has never been
   accurately defined, the specific immigrant community becomes, to some
   minds, a value at least as important as the universal values of
   freedom and equality; others would define it as a socio-political
   project aimed at subjecting the members of a specified group to a set
   of rules deemed to be specific to this group.

   <p>56.       According to its Latin origin, the concept of integration
   means "bringing a part into a whole". It is one of the essential
   functions of the social system, ensuring the co-ordination of the
   various sections of society with a view to guaranteeing the proper
   functioning of the whole system. For instance, we call a society well
   integrated if it has a high level of social cohesion, and an
   individual is deemed to be well integrated if he or she shares the
   values and norms of the society to which he or she belongs. By
   definition, integration involves all the interactions between the
   members of society, giving rise to a feeling of identification with
   the group and its values.

   <p>57.       In France, the Higher Council for Integration, set up in
   1990, describes integration not as a medium term between assimilation
   and mere insertion but as a specific process prompting active
   participation in national society by a variety of different elements,
   while at the same time accepting the continuation of cultural, social
   and moral specificities and holding that the whole is enriched by such
   diversity and complexity. Instead of negating differences, a proper
   integration policy takes account of them without exalting them, and
   emphasises the similarities and convergences in order, with equality
   of rights and obligations, to establish solidarity among the different
   ethnic and cultural components of society and to enable everyone,
   whatever his or her origin, to live in this society, whose rules he or
   she has accepted and of which he or she has become a component
   part.

   <p>58.       The United Kingdom has been seen as a laboratory for testing
   integration issues. During the post-war period, when the
   decolonisation process was providing an effective stimulus to
   immigration, the country was at first determined to assimilate these
   newcomers, granting them all civic, social and political rights on
   their entry into the national territory. Subsequently, after the first
   race riots broke out in the 1960s, the British Government noted that
   formal assimilation was not having the desired effect: it lacked a
   social strand, a real access to work. The UK definition of
   integration, as laid down in 1966, highlighted cultural diversity and
   equality of opportunity in a climate of mutual tolerance. The UK
   abandoned assimilation in favour of a new "Race Relations" concept:
   equal opportunities for all, against a background of cultural
   diversity and mutual tolerance, thus ushering in the multicultural era
   in Britain. For about a decade now, and more acutely since the turn of
   the millennium, this model has been under renewed scrutiny, the finger
   being pointed at the lack of values shared by all and of any real
   common feeling of "Britishness". This has been compounded since 2001
   with the problems of combating terrorism. Large numbers of Muslim
   immigrants have been arriving in the country, giving rise to questions
   concerning their allegiance: with police action against terrorist
   plots and subversive "sermons" by certain "religious" leaders and the
   rise of populism and xenophobia, the United Kingdom is casting around
   for a fresh approach in integration policy.

   <p>59.       The German priority has been integration through the labour
   market, involving the trade unions and works councils. So there is a
   high level of unionisation, which makes for good working conditions:
   the unionisation rate for German nationals is 36%, with 50% for Turks
   living in Germany and 43% for other foreigners. Changes to the
   nationality law, which now combines the jus sanguinis tradition with
   some elements of jus loci, should encourage access by Turks, in
   particular, to German nationality, thus improving their chances of
   integration.

   <p>60.       Italy is apparently attempting to integrate its immigrants,
   although this attempt is unlikely to succeed in the long term: it
   periodically regularises a number of illegal immigrants, but stops
   short of forcing employers to re-recruit legally their former
   undeclared workers, thus promoting unemployment and maintaining the
   moonlighting mindset. Italy advocates the right to difference rather
   than assimilation.

   <p>61.       Moving on beyond the borders of Europe, we might take a look
   at the American and Canadian models^11. They conduct an active and
   intensive policy in favour of a high level of immigration. The new
   arrivals find it difficult to adapt because of their origins:
   language, culture, religion and wide socio-economic discrepancies,
   reaching both ends of the spectrum (low standard of education and
   resources for some, and high qualifications and wealth for others).

   <p>62.       In 1971 Canada adopted an official multiculturalist policy.
   Training is provided in the official languages, the courses initially
   being confined to the workers themselves but subsequently being
   extended to their spouses and children. The State funds various aid
   agencies and runs reception programmes in order to provide immigrants
   with day-today support. However, aid policy still centres primarily on
   language assistance. Immigrants are entitled to integration assistance
   after one year's residence in the national territory. However, the
   plan to transfer specified powers wielded by the civil courts to
   community "tribunals" organised according to the specific standards of
   each immigrant group is causing some concern. For instance, Muslim
   "tribunals" would be able to apply Sharia law to Muslim communities,
   covering marriage, divorce, inheritance, etc. Given that Canada is a
   State that enjoys observer status with the Council of Europe, it is
   undesirable that it permit the implementation in its territory of
   standards which not only contradict the spirit of the European
   Convention on Human Rights but above all negate the principle of
   equality between women and men, a field in which Canada was one of the
   pioneers.

   <p>63.       The United States of America traditionally takes a passive
   attitude to immigrants. From the outset there has been a clear
   determination to exclude individuals unable to provide for themselves,
   and so the State has never introduced any kind of assistance
   programme. Minor support programmes have gradually grown up, although
   no real resources have been earmarked for them. A radical reform of
   the welfare system was launched in 1996, leading to a situation where
   non-citizens have no access to social programmes until they have been
   in residence for at least five years.

   <p>64.       President Carter introduced an urban renewal policy in order
   to rehabilitate the major city centres, where the poorest groups are
   traditionally concentrated, ie Afro-Americans, Hispanics and new
   immigrants, and to promote a mingling of populations in both racial
   and economic terms. The various communities are being encouraged to
   integrate as both confidence-building agencies and driving forces for
   integration by improving economic and social living conditions.

   <p>65.       The United States presents a virtually unprecedented
   paradox: as a country created through immigration by European groups
   fleeing religious persecution, it has gradually taken in immigrants of
   all origins: Irish people fleeing the famine, Jews fleeing the pogroms
   of eastern Europe and Nazism, followed by defectors from countries
   oppressed by communism: Russians, Cambodians and Chinese, including
   their top scientists. There were also Cubans. Finally the "economic
   refugees" started slipping in across the Mexican border or took their
   chance with the Lottery which each year officially attributed tens of
   thousands of residence permits. The fact is that these groups show a
   striking attachment to their host country, the first glimpse of which
   for many of them is Bartholdi's Statue of Liberty looming over the
   entrance to New York harbour.

   <p>66.       The United States, no doubt anchored in this self-image as a
   refuge for people fleeing religious persecution, is, in principle, in
   favour of freedom for groups claiming specific belonging to a
   community, which freedom is enshrined in the First Amendment to the
   Constitution and the established case-law of the Supreme Court. The
   acceptance of independently organised groups, including those
   operating along ethnic lines, has probably been reinforced by the
   recent realisation of the extermination of the American Indians and
   the anti-Black discrimination which still continues a century after
   the abolition of slavery. From Indian reservations to affirmative
   action, successive American administration have therefore granted
   specific rights to these groups, which have been rechristened Native
   Americans and Afro-Americans.

   <p>67.       Nevertheless, a number of minor conflicts have demonstrated
   that common rules can prevail over specificities, even when they are
   presented as a religious cornerstone: the prohibition of polygamy
   among the Mormons, and the obligation for women to produce bare-headed
   identity photographs, regardless of any Islamic precepts to the
   contrary. The trauma of the 11 September 2001 terrorist attacks has,
   to put it mildly, weakened this tolerance vis-� -vis all faiths, as
   witness the drastic controls effected on entrance to the United
   States, extending to both prospective immigrants and tourists. The
   various communities' freedom of internal organisation, inter alia
   along religious lines, will no doubt remain, but nor is there any
   doubt that the experience of terrorism on US soil will lead to greater
   caution about any demands liable to undermine a nation which glories
   in the motto "Ex pluribus unum". This might in fact lead to a question
   American understanding of the European approaches to the problem.

   <p>68.       France is often presented as the model of anti-communalism,
   rejecting collective rights in favour of individual rights as a
   guarantee of equality and universality. French policy in this field
   has long been based on a desire to cut back on the "ethnicisation" of
   suburban areas. The French tradition of centralisation is unitarian in
   thrust and would therefore seem to militate against the development of
   any potentially divisive specificities. France has no racially
   oriented tradition, something which is precluded by its highly
   individual conception of secularism. Open references to race are
   difficult to imagine, and in fact these are only just beginning to see
   the light of day with the tentative emergence of "positive
   discrimination", under pressure from Mr Nicolas Sarkozy. However,
   there is a genuine desire to implement strong policies on immigration
   and integration, with respect for specifically French republican
   traditions. For instance, as Mr Nicolas Sarkozy pointed out at a
   recent colloquy on migration organised at the suggestion of our
   Committee on Migration, Refugees and Population, French society has
   perfectly well absorbed successive waves of immigration in the past,
   inter alia from Spain and Portugal, which helped the latter countries
   to achieve economic stability and become major European States. This
   justifies the conclusion that the enlargement of Europe will not
   create any major risks in terms of migration flow. But it does not
   mean that we must refrain from controlling immigration. France has
   adopted this approach by reforming its asylum laws and legislation on
   illegal immigration, which will enable it to provide better facilities
   for lawfully settled aliens.

   <p>69.       Much can be learned from the integration experiences of the
   new EU member states. Although accessible data are still in short
   supply, there can be no denying that these countries too have faced
   problems of integration, or reintegration. The partitioning of eastern
   Europe after the Second World War created administrative borders that
   had little in common with the pre-war borders, within which people of
   the same ethnic origin had been grouped together. As a result, after
   the fall of the Berlin wall and the subsequent reorganisation, masses
   of people crossed the former geographical borders to regain their
   homelands and/or nations of origin. Their reintegration was not always
   easy, since they had sometimes developed very different behaviour
   patterns and attitudes depending on the regimes under which they had
   lived. The most striking example of such differences is naturally that
   of the two Germanys. The Hungarian experience in such matters is
   nonetheless worth noting, although it differs radically from the
   situation recently encountered in the EU's founder states: in Hungary
   the newcomers spoke the language and shared the host country's culture
   and history.

   <p>70.       In conclusion, it is important to note that integration is a
   dynamic process that can work both ways, each side deriving enrichment
   from the other's differences, as long as it takes place in accordance
   with the host country's traditional values.

   <p>71.       Obviously, any analysis of the concept of integration must
   include consideration of a phenomenon which often emerges alongside
   immigration, that is racism.

         <h>5.2.       Racism

   <p>72.       Ever since the 1980s Europe has been facing immigration of a
   type no longer aimed at providing labour or strictly deriving from
   decolonisation. This new type of immigration was neither desired nor
   deemed necessary for economic reasons. This was the starting point for
   a feeling which sometimes escalated to the point of total rejection of
   persons, based on racial criteria.

   <p>73.       Racism varies in accordance with the individual country's
   history, culture and economic situation. It also varies according to
   the period in history. It is often combine with anti-Semitism.

   <p>74.       In the second half of the 20^th century the racist
   phenomenon began to develop into something slightly more presentable
   and less obviously reprehensible. This "valeting" of racism derived
   from the immigration policies being implemented, from public support
   for various ostensibly acceptable theses, and from a swing towards
   acceptance of the exclusion of the Other, of those who are different.

   <p>75.       This meant defining the national identity with reference to
   a traditional hardcore made up of a shared history, culture and
   language, which is by definition inaccessible to anyone not born in
   the country in question. According to some theories, "outsiders" are
   even seen as a threat to the national identity, possibly presenting
   the nation with the need to defend itself. It is significant, for
   instance, that the building of mosques, which some regard as a sign of
   integration, demonstrating the will to stay in a given country while
   also freely exercising one's religion, as is traditionally provided
   for in national constitutions, is seen by others as a determination
   not to integrate, disavowal of the nation's traditional values.

   <p>76.       The media can also be a powerful intermediary for racism in
   that they can manipulate public opinion on the basis of facts often
   taken out of context, or else by overemphasising certain theories or
   offences which signally fail to reflect the loyal attitude of most
   immigrants. In 1985 in France, for instance, a high-circulation
   national newspaper terrified the public with a sensational front page
   headline asking "Will we still be French in thirty years' time?". More
   recently, a BBC commentator lapsed into some very unfortunate jibes
   against "Arabs", which led to his resignation but which had sufficient
   impact on public opinion for quite a few Britons to fall in behind
   him.

   <p>77.       With the current high level of immigration, there is a
   consensus that a system of immigrant selection will become necessary
   in European countries. Such selection must be accompanied with
   guarantees on non-discrimination^15, or at the very least on a
   prohibition of any kind of discrimination that lacks objective,
   legitimate foundations such as possession of a given job
   specialisation or a specific qualification or diploma. The criteria
   for such selection should be completely transparent, reasoned and
   proportional. We must at all events welcome the reinforcement of
   legislation against racist comments and all forms of discrimination,
   as well as the strict application of the European Convention on Human
   Rights to all persons present in the territory of any of the Council
   of Europe States, whatever their nationality, gender or origin.

         <h>5.3.       How can integration be encouraged?

         <h>5.3.1.       By establishing genuine immigration policies

   <p>78.       In the past few years most European states have toughened up
   their immigration policies and strengthened the link between access to
   legal immigration and a commitment to integration on the part of
   would-be immigrants. Such a commitment, which is very often written
   into the law, is presented as an essential precondition for improving
   their administrative situation or acquiring additional rights. In some
   countries, the granting of a residence permit is conditional upon
   signing an "integration contract".

   <p>79.       In Denmark, for example, the law of July 2002 stipulates
   that a permanent residence permit and the related social benefits may
   not be granted until after a period of seven years of legal residence
   in the country, instead of three years previously. This permit is
   issued subject to passing Danish language, culture and history tests
   and a written undertaking to "comply with local legislation".
   Furthermore, Danish nationality is granted only after nine years of
   legal residence in the country, as compared with seven years
   previously.

   <p>80.       In Austria, the new immigration act, in force since January
   2003, requires newly arrived non EU nationals or those who have been
   living in the country for less than five years to sign an integration
   contract under which they are obliged to learn the national language
   and familiarise themselves with national customs. Immigrants who fail
   the examination twice may have their residence permit withdrawn.
   Furthermore, knowledge of the German language is now compulsory for
   the acquisition of Austrian nationality.

   <p>81.       In the United Kingdom, but also in the Netherlands, all
   newly admitted immigrants must now participate in an "integration
   programme". In the United Kingdom, as well as having a command of
   English, immigrants must know how institutions work and show an
   understanding of British culture and civic life. They must take a
   citizenship test prior to integration. "Citizenship ceremonies" are
   now held at which applicants swear allegiance to the Queen and pledge
   to uphold the country's laws and democratic values. Candidates for
   British nationality must sit a language test.

   <p>82.       In France, the strong tradition of taking in immigrants and
   asylum-seekers is based on the prospect of full acquisition of
   citizenship. France took in some 200,000 stable new arrivals in 2002.
   At the same time, 150,000 immigrants already settled in France were
   naturalised, thus gaining access to all the rights of French citizens.
   As in the other countries of Europe, however, such a policy cannot be
   maintained and extended unless it is accompanied by a clear
   distinction between legal and illegal immigration. Two new laws were
   accordingly passed at the end of 2003, one relating to the control of
   immigration and the residence of foreigners in France, the other
   relating to the right of asylum. Measures have been taken to make the
   requirements for obtaining a visa stricter, new penalties have been
   introduced for those who employ illegal immigrants, and the new
   offence of organising marriages of convenience has been created. At
   the same time, the asylum system has been unified around the OFPRA
   (Office for the Protection of Refugees and Stateless Persons) in order
   to create better conditions for examining applications and reduce the
   time taken to complete the procedure, while at the same time enabling
   a larger number of applicants to be eligible for refugee status. The
   "French model" is also based on a distinction between the private and
   public spheres. In the former, all the cultural or religious
   traditions which link immigrants to their country of origin may be
   expressed, provided they respect the fundamental rights of
   individuals. In the public sphere, public services and schools in
   particular are governed by the principle of secularity, which has made
   possible the peaceful co-existence of groups who clashed throughout
   the 19th century, almost to the point of civil war, on religious
   grounds. This is no doubt one of the options that could be suggested
   to certain states which are deeply divided between ethnic and
   religious groups caught up in an endless vendetta, resulting in
   countless deaths and constituting a fatal obstacle to economic
   development amid the spiral of poverty and hatred.

   <p>83.       The European Union is tending to take over from its member
   states' national policies in order to ensure harmonisation of the law
   of asylum and the conditions for legally entering the EU area. The
   European Union supplements this approach through agreements with the
   "close neighbours". The Justice and Home Affairs Directorate deals
   with migration, among other things. It has been given new powers since
   the Treaty of Amsterdam. The question of integration has come to the
   fore at European level in the past two years. The aim is not
   necessarily that Europe should choose an integration model, but that
   it should adopt a pragmatic approach: identify good integration
   practices, in a context of respect for European values, while ensuring
   a balance between immigrants' rights and obligations.

         <h>5.3.2.       By combating forms of exclusion

   <p>84.       The causes of integration difficulties are complex and
   depend to a great extent on immigrants' cultural and social origins
   and the host society's political and cultural traditions. Immigrants
   very often observe cultural, religious or social traditions which
   differ from the democratic values upheld by the host state. The
   integration process is made even more difficult by the fact that, very
   often, the usual instruments promoting social cohesion, such as access
   to the labour market, to the civil service or to schools genuinely
   encouraging an ethnic mix and social advancement, are largely closed
   to immigrants.

   <p>85.       Today, in most Council of Europe member states, certain
   communities play little or no part in the social, cultural or
   political structures of the host society and feel that they are
   victims of economic and racial discrimination, and these groups are
   very often concentrated in areas suffering from social deprivation.
   Hence these communities live in isolation in their neighbourhoods and
   continue to observe their customs and their way of life, which they
   hand down to, and sometimes impose on, their children. The latter,
   caught between two cultures, feel out of place and question their
   identity. Faced with problems of social integration, immigrants,
   whether new arrivals or members of the second and third generations,
   react very badly to exclusion, by rejecting the values of the host
   society. This leads to a feeling of social malaise and very often to
   the development of delinquency, particularly among young people, and,
   concurrently, the development of extremism.

   <p>86.       Generally speaking, there is a lack of social cohesion if
   the state's authority is challenged, if the state's standards and
   values are not recognised or if individuals are poorly integrated into
   the economy. There is a social fracture when a minority as such
   excludes itself from the community. This kind of "ethnic" isolation
   encourages community domination of certain neighbourhoods, and even
   the rise of religious fundamentalism. This situation entails dangers
   because it generates social tensions and weakens social cohesion and
   democratic values founded on equality of rights, duties and
   opportunities.

   <p>87.       Most European countries have been confronted with violent
   demonstrations by young people living in sensitive urban
   neighbourhoods. Sociological research has shown that these protests
   are the violent expression of a desire for social recognition on the
   part of a population relegated to the fringes of society, frustrated
   in its aspirations by a public order viewed solely in terms of its
   repressive function. As a general rule, these protests express a
   demand for greater equality, integration and social advancement. Some
   neighbourhoods on the urban periphery are victims of agitation by
   individuals who exploit these frustrations and seek to impose their
   "own values" and oppose any intrusion by law enforcement officials.
   States must endeavour to combat these phenomena, of which the
   inhabitants of these neighbourhoods, in particular young immigrants,
   are the first victims.

         <h>5.3.3.       Through social responses to exclusion

   <p>88.       Lawful immigrants form an integral part of our societies and
   their effective participation in the state machinery is an essential
   precondition for guaranteeing lasting social cohesion. It is indeed
   undesirable that, by reason of their ethnic origin, certain population
   groups within a country should be lastingly excluded from some aspects
   of state affairs. The efforts to combat discrimination in employment
   matters are an example of what can be done. These efforts must be
   extended to many other areas, although, in the Rapporteur 's
   contention, it is not necessarily scandalous that some types of jobs
   (in the armed forces or the judiciary, for instance) should be the
   preserve of nationals. Nonetheless, this should not constitute a
   ground for excluding these population groups from jobs where
   nationality criteria are no longer justified (for example, in France
   surveyors must still be of French nationality).

   <p>89.       In a communication dated 3 June 2003, the European
   Commission suggested defining integration as "a two-way process based
   on mutual rights and corresponding obligations of legally resident
   third country nationals and the host society which provides for full
   participation of immigrants".

   <p>90.       Essentially, integration policies should be policies of
   encouragement, aid and support, integration being a long-term,
   voluntary process which is sometimes difficult and which often
   concerns the first and second generations. The support aspect concerns
   the learning of the language of the host country, education for
   children and vocational training for young people.

   <p>91.       Because it is a decision to belong, integration presupposes
   a policy to inform would-be immigrants about their rights and
   obligations. Everyone has the right to respect for their identity, but
   they are also under an obligation, whatever their traditions and
   customs, to respect the principles and law of the host state, and to
   recognise and display, through their behaviour, the fact that they
   belong to that state. Integration means respecting imported cultures
   and peoples' identities, provided they do not challenge the
   foundations of the host society's culture and their manifestations do
   not violate public order or other people's rights and freedoms. In
   this connection, we should welcome the recent decision by the European
   Court of Human Rights setting limits on certain demands based on
   religious traditions in the light of the need for protection of other
   people's rights and freedoms, of public order viewed as an obligation
   for the authorities to preserve public peace, and, lastly, the
   principle of equality between men and women.

   <p>92.       The state must see to the provision of economic, social and
   cultural conditions that facilitate the integration of new arrivals
   who have entered its territory legally and of immigrants who have been
   established for several years. Generally speaking, it is by regarding
   immigrants as persons holding rights and, where appropriate, able to
   acquire full citizenship through naturalisation, that we shall give
   them the opportunity to become integrated without abandoning their
   identity. The state must take appropriate legislative measures to
   fight all discriminatory practices and measures against immigrant
   communities, on grounds of racial, ethnic or religious origin, whether
   in terms of access to employment, working conditions or access to
   housing. Conversely, the state must punish all incitement to hatred on
   the part of any individual, even from an immigrant background. States
   must maintain their policies of social development in sensitive urban
   neighbourhoods and support the initiatives of immigrants'
   representative organisations, which play a crucial role in the process
   of integration and social cohesion. They must also develop curricula
   emphasising the concepts of citizenship, respect for differences,
   social tolerance and, most importantly, respect for the guarantees of
   the European Convention on Human Rights and for the principle of
   equality, particularly between men and women. They can encourage
   awareness-raising campaigns to promote intercultural dialogue. They
   can also highlight positive examples of social advancement in various
   fields, or examples of immigrants or descendants of immigrants who
   have held political office.

   <p>93.       States should focus particular attention on improving the
   situation of immigrant women by according them specific rights, access
   to education and the labour market and real respect for their
   individual freedoms in the context of equality between men and women,
   including protection from "customs" that are contrary to public order
   and to Council of Europe conventions. The achievement of equal rights
   offers prospects for development which will spread to the societies of
   origin, with which these women retain links: changes in the status of
   women are the key to development in emigration countries, with control
   by women of their fertility, their health and that of their family,
   and with the guarantee of education and, above all, literacy skills
   being passed on. Failure in these areas would encourage communities to
   turn in on themselves.

         <h>5.3.4.       Reconciling integration and the fight against
   terrorism

   <p>94.       This has been a crucial issue since the events of 11
   September 2001. Europe is under serious threat from Islamist groups
   who threaten to carry out actions within its frontiers, as they have
   done in Munich, Paris, Berlin and, on 11 March 2004, Madrid. At the
   same time, Europe is under potential threat from population groups
   already present on its territory. This is because they may be faced
   with a choice between loyalty to a given group, in this case the host
   country and nation, and possible allegiance to the causes promoted by
   terrorist groups. It is espousal of such causes which is likely to
   seriously endanger the host state. That is why the policies governing
   border controls and controls inside Europe have been tightened. Such
   policies are essential, but should remain in line with the positions
   traditionally defended by the Council of Europe.

   <p>95.       When rebellions are fuelled by subversive groups with the
   aim of carrying out terrorist attacks, states have a duty, while
   complying with constitutional rules and the European Convention on
   Human Rights, to take appropriate precautions, including international
   police and judicial co-operation, in the interests of those immigrants
   who aspire to live in peace in their host country and who publicly
   distance themselves from the terrorist groups, with which, therefore,
   they should not be indiscriminately associated.

   <p>96.       It is important not to give way to hate. In many
   non-European countries, the fight against terrorism has led to the
   flouting of basic rights. Even in Europe, political leaders have a
   responsibility to refrain from the kind of discourse that would fuel
   racism among the population and detract from the effectiveness of
   existing integration policies.

   <h>5.3.5.       Co-development: aid to the third world with the long-term
       aim of discouraging emigration and encouraging immigrants to
       return to their countries of origin

   <p>97.       It has been accepted for decades that the wealthiest
   countries have a duty to contribute to the economic and social
   development of third world countries, notably by earmarking a certain
   proportion of their gross domestic product for this purpose: we are
   forced to conclude that this amount, despite representing only a small
   percentage, has never been paid in full; as a result, the beneficial
   consequences this might have had have not taken place. But there are
   other factors too, one of them being the failings of certain third
   world elites.

   <p>98.       According to some commentators, the aid which has
   nevertheless been granted has been a resounding failure because the
   countries which have not received any are now rising economic powers
   (China, and more generally, south-east Asia), whereas the countries
   which have been "drip fed", in particular the former colonies of
   European countries, are more than ever third world nations,
   experiencing situations of famine or war, or indeed recession, which
   were unheard of in the days of colonisation. In Africa, for example,
   GDP is lower today than it was in 1980. The aid granted sometimes
   falls over 90% short of the target. Worse still, aid programmes have
   very often hindered the reforms needed to adapt to changes in economic
   life, causing a lag in development which it is very difficult for
   these countries to make up.

   <p>99.       Aid policies have changed: they are aimed less at improving
   infrastructure than at promoting an institutional climate suitable for
   encouraging private investment and employment-creating small
   businesses: improved public order and security, education, health,
   more efficient public services etc.

   <p>100.       In this connection, the urgent need to help third world
   countries to fight the AIDS epidemic which is rampant there cannot be
   overlooked: it is one of the keys to their survival, and to ours.

   <p>101.       On the other hand, the development of micro-credit, which
   enables women, in particular, to set up businesses which will provide
   a livelihood for the whole family, has been a quite outstanding and
   heartening success, and should be continued.

   <p>102.       Lastly, it should be noted that some countries which have a
   large diaspora in another country, such as Morocco in France for
   example, have a real policy towards this emigrant population. In fact,
   Morocco has a minister responsible for Moroccans living abroad, whose
   duties include guaranteeing full citizenship to emigrants and
   involving the diaspora in the economic development of the country of
   origin.

   <p>103.       Co-development policies must be part and parcel of our
   overall approach to integration. Although co-development is not a
   factor which directly affects the integration of immigrant populations
   within our borders, it would be a good thing if it influenced
   migratory movements upstream, since, as we have seen above, something
   must be done to attempt to regulate these movements. Co-development is
   one means of doing so. By encouraging people to stay in their home
   country, naturally under conditions that are as consistent as possible
   with the Council of Europe's values, or inciting them to return there
   under such conditions, certain population flows towards our countries
   can be stemmed, while at the same time improving development prospects
   in other countries by avoiding a brain-drain of their most qualified
   young people.

         <h>5.3.6 Towards a concept of citizenship?

   <p>104.       The countries of Europe remain divided on some issues: one
   of which is the concept of citizenship. Some are ready to enhance the
   possibilities for immigrants to acquire citizens' rights: this is the
   case, inter alia, in France with regard to social rights, since no
   distinction based on nationality is drawn in granting welfare
   benefits; such a distinction is in fact officially prohibited, as the
   administrative courts regularly point out, in that all persons
   resident in the country are entitled to minimum standards of social
   protection. Other states do not fully concur with this position and
   have introduced duration of stay and/or language proficiency
   requirements. Yet others would like to go further by giving immigrants
   more rights, moving towards full citizenship - in particular, and this
   is often a source of problems, the right to vote in all elections.

   <p>105.       This is still a very divisive issue. By officialising
   various levels of citizenship (local, regional, national,
   supranational or transnational), European law itself does not offer
   any quick solutions to this lack of consensus.

   <p>106.       Each state is jealous of its own concept of citizenship and
   would like it to either take precedence over others or be preserved
   for national use. However, some, albeit partial and slow, progress can
   be noted. France's example is quite telling in this respect:
   secularity and the concept of the "French people" are two particularly
   important notions in France and underlie much of French legislation.
   Nonetheless, after many unfruitful attempts, with the courts showing a
   considerable reluctance to change the case-law, bordering on
   stubbornness, it has been possible to amend the concept of the "French
   people". France long held back from ratifying the Council of Europe's
   Charter for Regional or Minority Languages of 1992. In 1996 the
   Conseil d'Etat even held that the charter was incompatible with the
   French Constitution. In the end France signed the charter in 1999, but
   did not ratify it because the courts set great store by the concept of
   the "French people", making it absolutely impossible to recognise the
   existence of minorities within French territory. In March 2003,
   Article 1 of the Constitution was at last amended, to the effect that
   the Republic remained indivisible but its organisation was
   decentralised. This reform, passed without any general debate, is a
   sign of some initial progress in the way France conceives nationality
   and citizenship.

   <h>6.       Conclusions and recommendations

   <p>107.       In your Rapporteur's view, it is important to preserve the
   Council of Europe's fundamental values within its member states in the
   context of measures to be taken to promote the integration of
   immigrants.

   <p>108.       All the Council of Europe member states should therefore be
   reminded of what these values are, to provide them with a yardstick
   for assessing the legislation they are, or will be, implementing not
   only in the field of integration but also in that of the fight against
   terrorism or the fight against illegal immigration, since it has been
   shown that these form part of the same debate in the current world
   context.

   <p>109.       The Council of Europe's fundamental values - a commitment
   to democracy, the rule of law, human rights and individual freedoms,
   and the promotion of the European cultural diversity - should provide
   a common basis for all those who live in Europe, citizens or
   immigrants.

   <p>110.       Your Rapporteur gained the impression that the populations
   of the first 15 European Union member states had not yet gauged the
   full significance of the arrival of ten new countries last spring: in
   particular, better information would be desirable to ensure that these
   new populations joining the EU are no longer regarded by public
   opinion as immigrants from outside the community, but as fully-fledged
   members of the EU.

   <p>111.       In addition, all countries, and especially the new EU
   member states, should be encouraged to put in place and implement
   reliable instruments for measuring migration flows on their territory.

   <p>112.       The questions of immigration and integration should be the
   subject of an in-depth debate in all the member states so that all
   opinions can be heard, and not only the most extremist views, as is
   very often the case, in the absence of any marked political will in
   this area.

   <p>113.       The principle of controlling immigration should be
   established, in particular so as to avoid receiving a massive influx
   of immigrants which our labour market would be unable to absorb,
   particularly as a result of industrial relocation outside Europe.
   Indeed, it is inconceivable not to be able to guarantee new arrivals
   decent living conditions in terms of our own values.

   <p>114.       Measures to combat illegal immigration, mafia-type networks
   and human trafficking organisations should be extended to all the
   Council's member states.

   <p>115.       Inspiration should also be drawn from good practices
   observed in many member states, and it should be proposed that they be
   extended or adapted to the others. For example:

   <p>i.       an attempt should be made to achieve Europe-wide
   harmonisation of asylum law and controls on illegal immigration,
   drawing inspiration, for example, from the courageous and ambitious
   reforms carried out in France;

   <p>ii.       provisions should be introduced requiring immigrants to
   complete a transitional period of residence in the country in order to
   qualify for a residence permit and social benefits, as in Denmark;

   <p>iii..       it should be ensured that immigrants learn the language of
   the host country and familiarise themselves with its culture, as in
   Austria.

   <p>116.       Steps should be taken to ensure that the authority of
   states does not come under challenge from, for example, fundamentalist
   movements: for instance by systematically balancing demands for
   respect for imported cultures and identities against fundamental
   principles such as those of public order, equality between men and
   women and recognition of the very foundations of the host state's
   culture.

   <p>117.       If public opinion in the member states of the Council of
   Europe is against immigrants, there can be no real integration. It is
   accordingly necessary to promote reliable, clear information
   campaigns, not liable to racist or xenophobic manipulation, concerning
   the issue of migration and the culture, traditions and integration
   problems of immigrants.

   <p>118.       Lastly, aid should be provided to help countries to retain
   populations who, previously, very often had no choice but to go into
   "economic exile", or encourage these people to return to their
   countries of origin in decent economic and social conditions.

   <p>119.       Similarly, where a former conflict area has achieved
   lasting stability and a regime in keeping with the Council of Europe's
   democratic values has been established, measures should be devised to
   encourage the voluntary return of immigrants from these countries to
   their countries of origin.

   <p>120.       In conclusion, although, in the current world context, your
   Rapporteur does not entertain any misplaced optimism regarding the
   question of integration, is not pessimistic in the long term about the
   ability of European countries to reconcile integration and the Council
   of Europe's fundamental values. As the history of Europe has shown,
   with time integration has eventually been achieved in the best
   interests of each population.

   <p>121.       It is sincerely to be hoped that the context of terrorism
   prevailing at present around the world is not long-lasting and does
   not irremediably damage the ability of individuals to accept others.

   <p>Reporting Committee: Committee on Migration, Refugees and Population.

   <p>Reference to committee: Doc. 9948, Reference No. 2883 of 25 November
   2003.

   <p>Draft resolution unanimously adopted by the Committee on 6 December
   2004.

   <p>Members of the Committee: Mr John Wilkinson (Chairperson), Mrs Tana
   de Zulueta (1^st Vice-Chairperson), MM Søren Søndergaard (2^nd
   Vice-Chairperson), Jean-Guy Branger (3^rd Vice-Chairperson), Pedro
   Agramunt, Mrs Lale Akgün, MM Gulamhuseyn Alibeyli, Jozef Bernik,
   Akhmed Bilalov, Ms Oksana Bilozir, Mrs Mimount Bousakla, MM Ivan
   Brajovic, Márton Braun, Christian Brunhart, Mevlüt Çavusoglu, Doros
   Christodoulides, Boriss Cilevics, Mrs Minodora Cliveti, Mrs Elvira
   Cortajarena, MM Franco Danieli, Joseph Debono Grech, Taulant Dedja,
   Nikolaos Dendias, Sergejus Dmitrijevas, Karl Donabauer, Mats
   Einarsson, Mrs Lydie Err, Mr Valeriy Fedorov, Ms Daniela Filipiová, MM
   Karl Theodor Freiherr von und zu Guttenberg, Andrzej Grzesik
   (alternate: Henryk Kroll), Andrzej Grzyb (alternate: Piotr
   Gadzinowski), Ali Riza Gülçiçek, Michael Hagberg, Michael Hancock, Jim
   Higgins, Mrs Jelena Hoffmann, MM Ilie Ilascu, Tadeusz Iwinski,
   Lord Judd, Oleksandr Karpov, Mrs Eleonora Katseli, Evgeni Kirilov,
   André Kvakkestad, Geert Lambert, Jean-Marie Le Guen, Younal Loutfi,
   Tito Masi, Jean-Pierre Masseret, Ms Nóra Nagy, MM Giuseppe Naro,
   Xhevdet Nasufi, Pasquale Nessa, Kalevi Olin, Pieter Omtzigt,
   Gheorghe Popa, Virgil Popa, Gabino Puche, Milorad Pupovac, Martin
   Raguz, Anatoliy Rakhansky, Marc Reymann, Branko Ruzic, Ms Katrin Saks,
   Mrs Naira Shakhtakhtinskaya (alternate: Mr Bakhtiyar Aliyev), MM Össur
   Skarphéd/insson, Luzi Stamm, Mrs Terezija Stoisits, MM Michael
   Stübgen, Mehmet Tekelioglu, Mrs Elene Tevdoradze (alternate: Mrs Irine
   Kurdadzé), MM Vojtech Tkác, Tigran Torosyan, Mrs Jelleke Veenendaal,
   Mr José Vera Jardim, Mrs Ruth-Gaby Vermot-Mangold, MM Sérgio Vieira,
   Oldrich Vojír, James Wray, Akhmar Zavgayev, Vladimir Zhirinovsky
   (alternate: Mrs Vera Oskina).

   <p>N.B. The names of those members present at the meeting are printed in
   bold.

   <p>Secretariat of the committee: Mr Lervik, Mrs Kostenko, Mrs
   Sirtori-Milner.
  