![Sample our Politics & International Relations journals, sign in here to start your FREE access for 14 days]({"type":"image" , "src" : "/sda/5947/TOC-Subject-Sample-2021-Politics-International-Relations.jpg"})
ABSTRACT
This qualitative research examined if prohibiting assistance to irregular migrants influences racism. Six countries and cities were compared by means of document analyses, interview and feedback from a Focus Group and Sounding Board. To answer the central question, first the transposition of the Facilitators’ Package was examined, thereby focussing on the domains of housing, healthcare and education. Secondly, the implementation of the Facilitators’ Package in urban contexts was scrutinised. The third and fourth sub question studied whether there is a link between the implementation of the Facilitators’ Package and racism in the six countries and six cities surveyed. The transposition of the Facilitators’ Package led to significant differences between Belgium, Germany, Italy, the Netherlands, Spain and the UK. There is also a huge gap between the national legislations and urban practices. At local level, inclusive (Ghent, Milan and Barcelona) and exclusive cities (Frankfurt, Rotterdam and London) could be distinguished. No clear effect of prohibiting assistance to irregular migrants on racism could be ascertained.
Notes
1 People who stay in a country of which they have not the nationality for a period of three months (once renewable).
2 Including Schengen acquit, Geneva Refugee Convention, Citizenship Directive, Qualification Directive (EC, Citation2015).
3 In 2006 the Parliamentary Assembly of the CoE emphasised with Resolution 1509 and Recommendation 1755 the importance of word choice and they decided to use the term ‘irregular migrant’ because it is not dehumanising and does not contain the stigma ‘illegal’. In this regard the CoE further states (Citation2006a) that talking about ‘illegal migrants’ is incorrect, because not every person without legal residence has breached European or national legislation.
4 Article 1§1(a) of Council Directive 2002/90/EC (Commissie van de Europese Gemeenschappen, Citation2002b).
5 Article 1§1(b) applies to anyone who, for financial gain, intentionally assists irregular migrants (Commissie van de Europese Gemeenschappen, Citation2002b).
6 Article 3 of Council Directive 2002/90/EC (Commissie van de Europese Gemeenschappen,Citation2002b).
7 Article 2 of Council Directive 2002/90/EC (Commissie van de Europese Gemeenschappen, Citation2002b).
8 Italy managed only to transpose the Facilitators’ Package in 2009.
9 Only in respect of Luxembourg and Bulgaria no procedure was initiated. Most problems related to: the definitions of direct and indirect discrimination, harassment and victimisation; the legal status of stakeholder organisations; too wide interpretation of the sustained deviations. The EC brought Case C-312/11 (against Italy) to the ECJ, which led to the implementation of equal rights to employment for people with disabilities (EC, Citation2011a).
10 In in order to determine the impact of the EU on candidate Member States, this study examined the conditions under which candidate Member States implemented European regulations.
11 Case 14/810231-07 (the Netherlands).
12 The ESC is an instrument with recommendations from the Council of Europe, controlled by the European Committee for Social Rights (ECSR). It was drafted in 1961 (revised in 1996) and signed by the six countries surveyed.
13 The complaint was signed in by the Conference of European Churches. They claimed that the Dutch government did not fulfil its obligations to the rights on food, clothing and shelter for irregular migrants: Article 13.4° (right to social and medical assistance – Specific emergency assistance for non-residents) and Article 31, 2° (right to housing – reduction of homelessness) (European Committee of Social Rights, Citation2014).
14 Section 96§1 and §2 of the German Residence Act and Article 197A§2 of the Dutch Criminal Law. In 2012 the Dutch Supreme Court ruled in case ECLI:NL:HR:2012:BX5419 (Rechtspraak Nederland, Citationn.d.) that gain can be financial benefit, but can also encompass in-kind benefits (in this case it concerned baby-sitting in return for accommodation).
15 Article 54 of the Organic Aliens Law§1(b).
16 Article 12§5(bis) of the Immigration Act.
17 Article 77§2 of the Asylum and Immigration Law.
18 Article 3 says that no one shall be subjected to torture or to inhuman or degrading treatment or punishment (PICUM, Citation2010).
19 The Charter covers all the rights that apply within the EU and homologates the ECHR and ESC. The raison d'être of this document is located in the inability of the European Court of Justice (ECJ) to accede to the ECHR. It became legally binding in 2009 by the Treaty of the European Union (TEU, Article 6°1) via the ECJ (EC, Citation2014b). Unlike the ECHR, the Charter only applies to national measures that are a transposition or derivate of EU legislation (art. 51). Neither citizens nor organisations can invoke it directly in a dispute between individuals.
20 Article 77§2 of the Belgium Asylum and Immigration law; Article 12§2 of the Italian Immigration Act; Article 197A§2 of the Dutch Criminal Law.
21 General Administrative Regulation to the Residence Act.
22 Section 25A§3(a)(b) of the Immigration Act.
23 Article 54§3 of the Organic Aliens Law and Article 20§5 of the Criminal Code.
24 In Belgium, Italy, the Netherlands and Spain the ECHR has direct effect; Germany transposed article 2 of Protocol I ECHR in the regional Education Laws; The UK transposed article 2 of Protocol I ECHR through the Human Rights Act section 3 (Europees Hof voor de Rechten van de Mens, Citation2002).
25 The term connections includes as well friends, community, family and dishonest networks.
26 Padrón is a local register of all residents of the city (such a system exists all over Spain). Irregular migrant scan register in Padrón when they have obtained the document ‘Declaration on honour of person’ via the national police. In Barcelona this document is issued to anyone who requests it. This document is similar to the Belgian ‘Annex 19’ (Arrival declaration).
27 The Ghent City Board, led by Daniel Termont (sp.a.) is a coalition of Social Democrats (sp.a.), Liberals (Open VLD) and Greens (Groen). They feature a large majority in the City Council, where the opposition is represented by the regional nationalist party N-VA, Christian Democrats (CD&V) and the extreme-right Vlaams Belang. – The Milanese mayor is Giuliano Pisapia, a leftist independent politician. The Milanese coalition consists of Social Democrats (PD), Greens (LEG) and a federation of socialist minded (PRC and SEL). The opposition includes the (centre) right-wing party Lega Nord (LN), Popolo della Libertà (PdL) and the extreme-right party Movimento Cinque Stelle (M5S). In May 2015 there were new local elections. – The Barcelona City Council, headed by Xavier Trias (CiU) is since 2012 represented by the left regional nationalist party CiU, Social Democrats (PSC-PM), Spanish nationalists (PP), Greens (ICV, EUiA and EPM) and a number of small socialist parties under the name Unitat by Barcelona.
28 Frankfurt’s City Council, headed by Peter Feldmann (SPD), is primarily represented by Christian Democrats (CDU), Greens (Die Grünen), Social Democrats (SPD), Socialists (Die Linke) and Liberals (FDP). On 01/11/2011 the 93 seats were divided as follows: CDU 28, Die Grünen 24, SPD 19, Die Linke 7, FDP 4, Freie Wähler 4, Römer 3, Pirates 1, ÖkoLinX ARL-1, NPD 1, REP 1 (Stad Frankfurt, Citation2011; Der Magistrat-Bürgeramt, Statistik und Wahlen, Citation2015). – The Rotterdam Municipal Council, led by Ahmed Aboutaleb (PvdA), was formed in 2014 and contains the right-wing party Leefbaar Rotterdam, social liberals (D66) and Christian Democrats (CDA). The City Council has 45 members, whereby the opposition is represented by Social Democrats (PvdA), Socialists (SP), Liberals (VVD), Greens (GroenLinks, the Islamic NIDA Rotterdam and Party for the Animals) and the Christian party CU/SGP. – Under the leadership of Mayor Boris Johnson 25 members of the London Assembly represent the interests of the London citizens. This Assembly is made up of 12 politicians from the Labour party, nine of the Conservative party and two persons of both the Liberal-Democratic and Green party. It concerns the composition of the Assembly before the elections of 05/07/2015.
29 The world of compliance with laws means that laws are applied strictly and literally; in the world of local politics laws are broadly interpreted, the spirit of the laws prevail over what is literally written; the world of hollow phrases refers to the fact that all legislation is respected on paper, in contradiction with practice where the laws often do not apply.
30 Since 2006a local branch of the Inter-federal Equal Opportunities Centre registers complaints regarding discrimination. Citizens can report discrimination also at the Ombudswomen of the City. Since 2010 annually about 1/8000 Ghent citizens report a complaint regarding racism (Stad Gent, Citation2014a).
31 The foundation RADAR acts, on request of the City in 2001, as a hotline to report discrimination. On average 1/1500 Rotterdam citizens report a complaint regarding racism.
32 Since 1998, Barcelona has a non-discrimination agency (OND), which is organised by City itself. Since 2007 about 1/7000 Barcelonan citizens report a complaint regarding racism.
33 This law is the transposition of the Racial Equality Directive 2000/43/EC.
34 ‘Patriotic Europeans Against the Islamisation of the Occident’ is a protest movement against Islam and ‘Islamisation of Germany and Europe’ and pleads for the German identity and Judeo-Christian culture.
35 For instance, NIDA started in October 2014 a council debate about discrimination against Moroccans because the Welfare fraud policy solely focused on this group. The heated discussions remained without effect, so the party went to criminal court and won the argument: Rotterdam’s policy was illegal and discriminatory
36 E.g. Information Point Migration (Ghent), SAIER (Barcelona) and several NGOs –supported by the Milan government – such as UNAR-Equinet.
37 In Rotterdam, for example, referces were made to the government crisis about the judgement of the ECSR on the right to bed, bath, bread (see 3.2, case 90/2013). VVD and PvdA reached an agreement on 22/04/2015 by centralizing care for asylum seekers in six cities (including Rotterdam). Practisioners in Frankfurt gave the example of the case Wevelsiep, which was broadly reported in the media. This German citizen with Ethiopian roots won a lawsuit against the police for unlawful public identity checks. The involved police officer was sentenced to a fine for assault.
38 For example, in Rotterdam it is assumed that migrants are responsible for their integration into society and do possess the necessary knowledge and skills thereto (Gemeente Rotterdam, Citation2014c).