Consultative bodies for immigrants' participation:

Lessons from three EU countries

Maria Golubeva, PhD

The conference takes place in the framework of the Project „Capacity building of NGOs representing third country nationals” that is financed by the European Fund for Third Country nationals (with 75% of funding coming from the Fund, and 25% from Latvian state budget).

Common Basic Principlesof immigrant integration polices in the EU

“Frequent interaction between immigrants and Member State citizens is a fundamental mechanism for integration. Shared forums, inter-cultural dialogue, education about immigrants and immigrant cultures, and stimulating living conditions in urban environments enhance the interaction between immigrants and Member-State citizens.” (7)

“The participation of immigrants in the democratic process

and in the formulation of integration policies and

measures, especially at the local level, supports their

integration.” (9)

Opportunities for participation of immigrants: Latvia and the three assessed countries

Handbook of Council of Europe's Congress of Local and Regional Authorities on consultative bodies:

clearly defined, prioritised, funded and regularly assessed objectives;

open-ended and differentiated membership, equal representation from migrants and local communities, wide representativeness of migrant membership;

election by migrant residents or associations, rather than nomination by authorities;

consultation and promotion of civic and political participation;

right to initiate consultation and receive a response;

necessary financial and human resources.

Features of effective consultative bodies for immigrants: Council of Europe and Migration

Policy Group

Structural versus ad hoc; Election versus appointment; Right of initiative and response; Representative.

Structural: In Spain, the Forum for the Social Integration of Immigrants came

into existence after the “Plan for Social Integration of Immigrants” (1994). Royal Decree 3/2006 defines it as a body for consultation, information and advice on integration affiliated to the Ministry of Labour and Immigration.

In Finland, Advisory Board for Ethnic Relations ETNO (ETNO) was

transformed from a previous consultative institution, the Advisory

Board for Refugee and Migration Affairs PAKSI, in 1998. Mandate:

“to promote good ethnic relations and equality among members of

all ethnic groups”. Secretariate: Ministry of the Interior.

Semi-structural

Ireland: Ministerial Council on Integration was founded in 2010 follwoeing the government report “Migration Nation”;

Advisory body for the Minister, not defined by statutes as a permanent structure in one of government ministries;

After change of government (2011), meetings suspended for a ling time.

Election and nomination In Finland, 10 members (out of 33) of ETNO are selected through an

open call to immigrant and minority NGOs that nominate their candidates. The Government then appoints members of ETNO for a period of four years. 7 members represent regional ETNO Boards, the rest are ex-officio representatives of government ministries and local authorities/ social partners.

In Spain, the Forum consists of a number of representatives of immigrant and social support organisations nominated by their organisations and appointed by the Ministry of Labour, plus a number of representatives of different levels of government and local authorities and social partners.

In Ireland, the Minister selected individuals based on an open call.

Right of initiative and response In Spain, government requests the Forum’s opinion or reports on

any policy drafts that concern issues of social integration. The Forum has also the right to prepare reports, programs and plans on own initiative for government’s consideration;

Finland: ETNO participates in developing immigration and

integration policies, facilitates exchange of information between

immigrants and government, public authorities usually repsond,

even though not contsrained by law;

Ireland: “to give advice to the Minister directly on issues faced by

migrants”, no clear right of initiative and response.

Criteria for selection of nominated representatives of immigrant associations

Finland: 1) sound legal and administrative management and adherence to democratic principles, 2) vulnerability of represented community to discrimination or racism.

The shortlist of pre-selected organisations goes through approval process at a number of ministerial levels, before the 10 associations are finally confirmed by the Minister of the Interior.

Spain: to adequately represent the diversity of the immigrant population in the country, i.e. 1) securing the presence of the major communities from key countries and regions of origin; 2) to be represented in several regions of the country.

Ireland: criteria for individuals included gender balance, countries of origin, regional representation.

Recommendations for setting up a consultative body in Latvia

It has to be set up by a government decision ('rīkojums' or 'noteikumi') and not by a minister, and it has to have a permanent secretariat in a government institution.

In order to be both a consultative body for immigrants and a dialogue platform, it has to have among its membership representatives of immigrant organisations, ex-officio representatives of the Ministries of the Interior, Culture, Education, representatives of local authorities, representatives of NGOs working with social integration of immigrants and possibly other social partners.

Recommendations for setting up a consultative body in Latvia

Representatives of immigrant organisations have to make up at least half of the members of the consultative body. Associations to be represented on the consultative council have to be selected through an open call to associations, which should nominate or elect their representatives (representatives of immigrant organisations should not be chosen as individuals by the responsible minister).

Criteria for selection of immigrant organisations to be represented on the consultative body should include the following: representing both 'old' and 'new' groups of immigrants, organisations with democtratic governance structure and transparent funding.

Recommendations for setting up a consultative body in Latvia

The consultative body secretariate should be either at the Citizenship and Migration Affairs Administration (PMLP), which exercises essential functions regarding immigration and naturalisation, or at the State Chancellery, which coordinates the policy process in the government and thus deals with interministerial issues.

The consultative body should be involved in developing all policies affecting immigrants, especially immigration and integration policy. It should also offer capacity building support to immigrant organisations and serve as a hub of expertise on integration. It should act as a convener of wider public discussions about immigration and integration .

Thank you for attention!

Maria Golubeva

mariagol@latnet.lv