Incorporation: Inclusion and Integration

The international anti-racism norms frequently mention such concepts as inclusion, inclusive societies, integration, combating marginalisation and social exclusion. The central thrust of the norms is that discrimination and intolerance lead to exclu-sion and marginalisation and, consequently, racial discrimination, racism and other forms of intolerance must be combated in order to build an inclusive society.⁸⁶¹ The ICERD openly promotes inclusiveness and expressly calls for the elimination of the practices of segregation and separation (including apartheid). The instrument also touches upon the concept of integration, albeit only in passing, when it discusses

“integrationist multiracial organizations”. The Vienna Document of the 1993 World Conference on Human Rights raises concern over the exclusion resulting from ra-cial discrimination, racism and other forms of intolerance.

As regards integration, the part of the Explanatory Report dealing with article 6 of the CoE Framework Convention gives somewhat more substance to the concept by establishing a connection between integrating persons belonging to ethnic, cul-tural, linguistic and religious groups into society and preserving their identity. The remarks made in this connection link integration not only to identity but also to the issues of social cohesion, tolerance, dialogue, and eliminating barriers. Numer-ous statements on the need to counter social exclusion and marginalisation (of all members of society) are voiced in the political CoE documents, and they link the question of integration to non-nationals by calling for facilitation of their integra-tion into social, cultural, political and economic life. These documents reiterate the connection between integration and the cohesion of society and emphasise the role of intercultural and inter-faith dialogue for integration.⁸⁶² It is also in the context of integration that the CoE states have spoken of promoting the fair treatment of non-nationals.⁸⁶³

While the General Conclusions adopted at the European Conference against Racism do not represent commitments of CoE states, the numerous aspects of rel-evance for integration raised therein deserve to be noted here. The Conclusions re-iterate the need to integrate non-nationals into the host society and emphasise the role of human rights and participation for integration. They also cite the positive role of family reunion and note that the integration of non-nationals may be ad-versely affected by unduly restrictive admission/immigration policies which produce negative stereotyping. The importance of promoting the positive aspects of

immi-861. As already discussed supra, extreme forms of exclusion, such as apartheid, as well as acts un-dermining diversity in the most brutal manner – i.e. genocide and ethnic cleansing – have been banned (and criminalised) in international norms.

862. See particularly the documents adopted at the CoE summits.

863. See the Political Declaration of the European Conference against Racism.

gration among the general public, including highlighting the value of diversity and the contribution made by migrants to society, is also stressed.⁸⁶⁴

Of the international documents of relevance in the area of anti-racism, the Dur-ban Document contains most frequent references to inclusion, marginalisation, so-cial exclusion, and integration. It calls for facilitating the integration of migrants into social, cultural, political and economic life, and views family reunification hav-ing the positive effect for integration. The Document establishes a general link be-tween integration and participation (at all levels of the decision-making process).

Integration of migrants is also associated with respect for cultural diversity and with promoting the fair treatment of these persons.⁸⁶⁵ While the Durban Document openly addresses the integration of Africans and people of African descent, it makes a general call to fully integrate into society victims of racial discrimination, racism and other forms of intolerance. Additionally, when clearly favouring repatriation, the Document stresses the integration of refugees, displaced persons and trafficked persons in general terms.⁸⁶⁶ It is of some interest that the Durban Document also mentions the facilitation of the full integration of persons with disabilities into all fields of life. The Document does not discuss indigenous peoples in the context of integration, but voices concern for their exclusion.

UNESCO earlier put forward concerns about the exclusion and forced assimila-tion of the members of disadvantaged groups,⁸⁶⁷ and more recently has discussed the importance of combating the exclusion and marginalisation of vulnerable groups.⁸⁶⁸ The organisation has also highlighted the importance of integration with respect to these (vulnerable) groups, and in this connection it has stressed the role of educa-tion.⁸⁶⁹ ILO’s activities have focussed on eradicating discrimination and promoting equality of treatment and opportunity in the area of labour and employment. In recent years, efforts to combat the discrimination, racism and xenophobia faced by migrant workers and to promote their social integration and inclusion have figured prominently on the ILO agenda.

Although the OSCE commitments in the area of anti-racism note the connec-tions between integration policy and combating discrimination and various phe-nomena of intolerance, they highlight the general links between inclusion, integra-tion and furthering non-discriminaintegra-tion and tolerance comparatively less than the

864. The General Conclusions note that promoting the social inclusion of immigrants is essential to combating racism and other forms of intolerance.

865. It is noted that the specific measures taken in the area of integration should also involve both the host community and migrants.

866. The Document refers to the local integration of refugees and displaced persons and the re-integration of trafficked persons into society.

867. See the Declaration on Race and Prejudice from the year 1978.

868. See the Declaration of Principles on Tolerance from the year 1995.

869. Ibid.

corresponding provisions in the CoE documents and in the Durban Document.

This situation has begun to change in recent years, as the OSCE – in the form of the decisions of the OSCE Ministerial Council – has drawn increasing attention to the question of integration of the Roma and migrants in particular. This focus has resulted in the adoption of the OSCE Action Plan on Roma, which addresses the integration of the Roma and the problem of social exclusion they face. The Ac-tion Plan calls for the integraAc-tion of the Roma into social and economic life, voices concern for their isolation, including their residential segregation, calls for the in-tegration of the Roma into mainstream education,⁸⁷⁰ and mentions the need to pay attention to the specific needs as well as the language and culture of the Roma in such areas as health care and access to justice. The Action Plan highlights the gen-eral links between integration, inclusion and participation. The recent decisions of the OSCE Ministerial Council pertaining to combating intolerance and discrimi-nation note the importance of integration that includes respect for cultural and re-ligious diversity and call for recognising the positive contributions of all individuals to a pluralistic society.

While the question of integration receives some attention in the instruments specif-ically addressing trafficking in human beings,⁸⁷¹ the return and reintegration of the victims of trafficking in their countries of origin is clearly the option preferred by states. The possibility to remain in the receiving state has also been envisaged, par-ticularly in the case of child victims of trafficking. Where the prospect of remaining in the receiving state is concerned, states have committed themselves to taking some measures to support the inclusion and (re)integration of victims.

International documents are hesitant to address the role of nationality/citizen-ship in integration (or inclusion). The European Convention on Nationality is a rare document in expressly dealing with this issue, with the Explanatory Report to it making an explicit link between nationality and the integration of permanent residents and thereby asserting the “integrative” function of nationality. The Re-port also raises the question of multiple nationalities in this connection, although it merely notes the divergent views of states on its role for the integration of indi-viduals. The “closed” nature of the CoE system is also reflected in the Convention in that the need for the integration of permanent residents is discussed by drawing explicit attention to migration between European states.⁸⁷²

870. Mainstream education should also be sensitive to cultural differences and take the history, culture and languages of the Roma into account.

871. As discussed, e.g. the Durban Document also contains remarks on trafficking, including references to the integration of trafficking victims.

872. The Explanatory Report also mentions freedom of movement between EU member states.

Finally, as regards the various frameworks or levels of integration that are men-tioned in the norms pertaining to the issues dealt with in this chapter, it is primarily integration into society⁸⁷³ or into social, cultural, political and economic life that is envisaged.⁸⁷⁴ Social integration and local integration have also been called for,⁸⁷⁵ and UNESCO and the OSCE have specifically highlighted the importance of the area of education for integration.⁸⁷⁶

873. See art. 6 of the CoE Framework Convention (concerning persons belonging to ethnic, cultural, linguistic and religious groups). The Durban Document calls for the full integra-tion into society of victims of racial discriminaintegra-tion, racism and other forms of intolerance, as well as the reintegration of trafficked persons into society.

874. See the Political Declaration of the European Conference against Racism (when discussing non-nationals) and the Durban Document (when discussing migrants). The OSCE Action Plan on Roma calls for the integration of Roma into social and economic life. The Durban Document refers to the full integration of persons with disabilities into all fields of life.

875. ILO has spoken about social integration (and inclusion) of migrant workers, and the Dur-ban Document discusses the local integration of refugees and displaced persons.

876. The UNESCO Declaration of Principles on Tolerance stresses the integration of vulnerable groups through education, and the OSCE Action Plan on Roma calls for the integration of the Roma into mainstream education.

2.3 Human Rights Norms: Principles of General