This article has been written by Ms. Rahila Sharif, a Fifth-year student of Vivekanand Education Society’s College of Law, Mumbai.
ABSTRACT:
This article explores the integration policies and legal rights of war migrants in host countries, highlighting the multifaceted challenges and approaches involved in facilitating the assimilation of displaced populations. It examines the intersection of international law, human rights, and practical considerations, along with key components of integration policies such as legal status, employment, education, healthcare, and social inclusion. The article also delves into recent developments in integration frameworks, including changes in citizenship laws, initiatives to combat racism and discrimination, and efforts to support Ukrainian refugees. Emphasizing the importance of collaboration, flexibility, and international cooperation, the article underscores the need for comprehensive, inclusive, and sustainable integration strategies to address the complex realities faced by war migrants and host communities.
KEYWORDS:
Integration policies, war migrants, legal rights, host countries, humanitarian crises, international law, human rights, refugee convention, integration frameworks, citizenship laws, discrimination, collaboration, sustainability.
INTRODUCTION:
The integration policies and legal rights of war migrants in host countries represent a critical and intricate aspect of the global response to humanitarian crises and armed conflicts. As individuals flee their home countries due to war-related circumstances, the international community grapples with the challenges of providing refuge while ensuring the legal protection and social integration of these displaced populations. This multifaceted issue encompasses not only the legal frameworks established by international agreements but also the diverse policies implemented by host nations to facilitate the assimilation of war migrants into their societies.
At the core of this discussion lies the intersection of human rights, international law, and the practical considerations faced by both migrants and the countries offering refuge. The legal landscape is shaped by international instruments such as the 1951 Refugee Convention and its 1967 Protocol, which define the rights and protections afforded to refugees, including the principle of non-refoulement. Concurrently, host countries formulate integration policies covering residence status, employment opportunities, access to education, healthcare services, and cultural assimilation to facilitate the smooth incorporation of war migrants into their communities.
While information about every member state of the Council of Europe is not as readily available, Eurostat offers current statistics for the EU: According to data from Eurostat for 2019, 2.7 million people entered the EU and 1.5 million left. By the end of 2020, 39% of all EU residency cards were granted for family reasons, 17% for employment, and 9% for asylum. Based on UNHCR data from member states of the Council of Europe, Turkey and Germany had the highest proportions of refugees, with 4.4% and 1.5% of the respective populations, respectively.
Beneath these figures are people, worthy of our consideration, whose integration ought to be a shared goal of all European governments. Migrants who are marginalized, discriminated against, or excluded are a major cause for worry. Socially, economically, and politically, as well as from a human standpoint, immigrants ought to be properly assimilated into society.
DEFINITIONS:
Assimilation, integration, and inclusion of migrants and refugees are distinct processes within the immigration process. The process of becoming similar to the native majority by adjusting to the norms, behaviors, values, and culture of the host nation is known as assimilation, and it only applies to migrants and refugees. Conversely, integration is characterized as a “two-way” street in which every member of society finds a point of agreement and makes concessions. Opponents argue that this is only theoretical and that migrants and refugees bear the brunt of the burden in most cases. Therefore, inclusion indicates that every member of the community has the chance to engage in social, cultural, and political life and fosters a sense of community.
The United Nations High Commissioner for Refugees (UNHCR) defines integration as “a dynamic and multifaceted two-way process leading to full and equal membership in society.” This involves receiving communities and institutions being equally ready to accept migrants and cater to the needs of a varied population, as well as refugee populations being prepared to adapt to host societies without sacrificing their cultural identity. There are legal, economic, social, and cultural components to the process, which is gradual and complex.
Four main categories comprise the conceptual framework for integration that academics have proposed: The foundational aspects include refugee status, rights, and citizenship; the functional aspects include access to housing, health care, social security, decent work, financial services, and education; the social aspects include social bonds and connections within the host community, as well as social bridges, networks, and links; and the facilitation aspects include language, training, counseling, cultural knowledge, safety, and stability.
According to the majority of theories, a newcomer’s successful integration is characterized by fair access to opportunities and resources, involvement in the community and society, and a sense of security and belonging in their new surroundings. It’s noteworthy to note that both the EU and the International Organization for Migration (IOM) established definitions that have certain characteristics in common: integration is defined as a dynamic process of mutual adaptation in which both host societies and migrants have some responsibility for its fulfillment. On the other hand, the OECD chose a definition that prioritized the result over the process. The ability of immigrants to achieve the same social and economic outcomes as natives taking into account their characteristics is the definition of integration, according to this definition.
In addition to causing social, economic, and psychological issues for the newcomer, inadequate integration of migrants and refugees also results in the loss of income taxes, pension and social security contributions, and poor integration into the workforce. In addition, a lack of integration causes political instability and divided communities. Occasionally, multiculturalism is mentioned as a strategy for integration rather than assimilation. It advocates for the preservation of immigrants’ cultural identities while fostering their absorption into society. This strategy has drawn criticism since it will promote immigrant segregation rather than promote harmony among the various populations that make up society.
WAR MIGRANTS:
War migrants, also known as war refugees or displaced persons, are individuals who have fled their home countries due to armed conflicts, violence, persecution, or other war-related circumstances. These individuals often seek refuge in other countries to escape danger and to secure a safer and more stable environment for themselves and their families.
INTERNATIONAL LEGAL STATUS AND RIGHTS OF WAR MIGRANTS:
The legal status and rights of war migrants are primarily governed by international law, including:
1951 Refugee Convention:
This convention defines who is a refugee and outlines the rights of refugees, including the right to non-refoulement (not to be returned to a country where they would face persecution).
1967 Protocol:
This protocol removed geographical and temporal restrictions from the 1951 Convention, making its provisions universal.
International Humanitarian Law (IHL):
IHL sets out rules that protect people who are not or are no longer taking part in the hostilities, including civilians and wounded soldiers. It also addresses issues such as the treatment of prisoners of war.
INTEGRATION POLICIES:
Integration policies refer to the set of measures and strategies implemented by host countries to facilitate the inclusion and assimilation of immigrants, including war migrants, into their societies. These policies aim to create an environment where newcomers can actively participate in the social, economic, and cultural aspects of their adopted country. Key components of integration policies typically include:
- Legal Status: Providing migrants with appropriate legal documentation, such as residence permits, work visas, and other necessary paperwork to establish their legal presence in the host country.
- Employment Opportunities: Offering pathways for migrants to enter the labor market, which may involve recognizing foreign qualifications, providing job placement services, and addressing barriers to employment.
- Education Access: Ensuring that migrant children and adults have access to education and language learning programs to facilitate their integration and participation in the host country’s educational system.
- Healthcare Services: Providing migrants with access to healthcare services to address their medical needs and promote overall well-being.
- Cultural and Social Integration: Implementing programs to help migrants adapt to the host country’s culture, customs, and social norms. This may include language training, cultural orientation programs, and community engagement initiatives.
- Anti-discrimination Measures: Implementing measures to counter xenophobia, discrimination, and prejudice against migrants. These measures aim to promote inclusivity and equal treatment within the host society.
- Housing Support: Assisting migrants in finding suitable and affordable housing, recognizing the importance of stable living conditions in the integration process.
- Community Engagement: Encouraging interactions between migrants and the local community to foster mutual understanding and collaboration.
Integration policies vary across countries based on their specific social, economic, and cultural contexts. Successful integration policies aim to strike a balance between supporting migrants’ needs and addressing the concerns of the host society, promoting a cohesive and inclusive community. The effectiveness of these policies often depends on the cooperation of government agencies, non-governmental organizations, and the active participation of the migrants themselves.
HOW CAN INTEGRATION POLICIES BE IMPROVED?
Improving integration policies requires a comprehensive and collaborative approach, involving various stakeholders such as governments, non-governmental organizations (NGOs), local communities, and migrants themselves. Here are several ways in which integration policies can be enhanced:
Holistic Approach:
Integration policies should be comprehensive, addressing various aspects of migrants’ lives, including legal status, employment, education, healthcare, and social inclusion. A holistic approach ensures that the diverse needs of migrants are considered.
Early and Continuous Support:
Providing early and continuous support is crucial. Initiatives should begin as soon as migrants arrive and continue throughout their integration process, recognizing that needs evolve over time.
Language and Cultural Programs:
Strengthening language and cultural programs helps migrants better navigate their new environment. Language proficiency is essential for communication, employment, and social integration.
Recognition of Foreign Qualifications:
Simplifying and expediting the process for recognizing foreign qualifications can enhance migrants’ access to the job market, allowing them to contribute their skills and expertise.
Tailored Employment Programs:
Designing employment programs that cater to the skills and experiences of migrants can facilitate their entry into the workforce. This may involve targeted training, mentorship, and networking opportunities.
Community Engagement and Awareness:
Promoting community engagement and raising awareness about the benefits of diversity fosters a more inclusive environment. This can involve cultural exchange events, community forums, and educational programs.
Anti-discrimination Measures:
Strengthening anti-discrimination measures and promoting diversity training can address prejudices and biases, creating a more welcoming atmosphere for migrants.
Social Housing Initiatives:
Implementing social housing initiatives can assist migrants in finding affordable and suitable accommodation, contributing to their overall stability and well-being.
Access to Education:
Ensuring that migrant children have equal access to quality education is crucial for their long-term integration. Providing language support and culturally sensitive education services can aid in this process.
Collaboration with NGOs and Community Organizations:
Collaborating with NGOs and community organizations allows governments to leverage existing expertise and resources. These organizations often have a deep understanding of the local context and can provide targeted support to migrants.
Legal Support Services:
Offering legal support services to migrants helps them navigate complex immigration processes and ensures they are aware of their rights and responsibilities.
Data Collection and Monitoring:
Regularly collecting data and monitoring the outcomes of integration policies can help policymakers assess the effectiveness of their initiatives and make informed adjustments as needed.
Inclusive Policy Development:
Involving migrants in the development and evaluation of integration policies ensures that their perspectives and experiences are considered, leading to more effective and responsive initiatives.
International Cooperation:
Encouraging international cooperation and sharing best practices among countries can contribute to the development of effective and innovative integration policies.
Continuous evaluation, flexibility, and a commitment to adapting policies based on feedback and changing circumstances are essential for the ongoing improvement of integration policies.
MAIN DEVELOPMENTS IN INTEGRATION POLICY:
While some nations are loosening their citizenship laws, others are tightening them:
A resurgence of interest in citizenship policies has been observed in 2022–2023. The majority of nations see citizenship as a driving force behind immigrants’ political, social, and economic integration because it encourages them to make investments in the nation and offers them privileges that help close the gap with native-born citizens. On the other hand, others views naturalization as the pinnacle of achievement in integration. According to the latter perspective, stringent and restrictive naturalization laws with lengthy residency requirements and difficult civics and language exams should be designed. Although the majority of OECD nations agree with the first viewpoint, a number of them have tightened immigration-related citizenship requirements through significant legislative changes.
The German government released a draft law in 2023 with the intention of greatly speeding up the process of granting citizenship to foreigners. Should the change be approved, it will make it possible to obtain dual citizenships, which will encourage more immigrants to naturalize in Germany. If one or both parents have resided in Germany for five years or more and have an unrestricted right of residence, their native-born children born to foreign parents will likewise be accorded birthright citizenship. In addition, the period of residency that was formerly eight years will now only be five years for individuals who qualify for a right of residence, or three years in some cases, especially for those who are well integrated. Furthermore, some immigrant groups should have lenient language standards. After the law is passed, naturalization initiatives should be organized at the lander level. Some nations decide to make it easier for particular immigrant groups to obtain citizenship. For instance, Australia made it easier for citizens of New Zealand to get naturalized.
A few nations made their naturalization procedures more flexible. Recently, the US implemented an automatic 24-month extension of the green card validity period for individuals who have submitted a citizenship application. Furthermore, in 2023, the US announced the extension of the Citizenship and Integration Grant Program, which will award grants of up to USD 25 million to initiatives that support civic integration through language, civics, and history courses and prepare immigrants for naturalization. Ireland developed a scorecard method to better define the details that applicants need to submit in order to verify their identification and history of residency in Ireland. Now, before submitting an application, immigrants can utilize a range of documents to confirm their identity and place of residence.
A few OECD nations are working toward narrowing the access to citizenship, notwithstanding the overall trend among these nations to provide facilitations surrounding the naturalization procedure. Norway increased the length of residency from seven to eight years in 2022 for all immigrants, with the exception of refugees. This mandatory period may be reduced to six years based on the immigrants’ income. Furthermore, the proficiency level in Norwegian language needed for naturalization was increased from A2 to B1. Similar to this, the Swedish government is currently thinking of tightening the language requirements and lengthening the duration of residency required when it comes to naturalization.
Naturalized citizens who pose a threat to public order or national security may have their citizenship revoked, according to measures adopted by Estonia and Latvia.
Civic integration continues to gain importance:
Civic integration is a crucial aspect of integration policy in OECD countries, ensuring immigrants understand and respect the host country’s history, institutions, and shared values. It promotes social cohesion and allows immigrants to better participate in the host society. Countries like Belgium and the Netherlands have implemented tailor-made integration programs, such as buddy programs, language internships, volunteer work, and community work. Some countries are making integration programs accessible or mandatory to new groups of migrants, such as refugees and family migrants in the Netherlands, Brussels region in Belgium, Germany, and Austria. These measures aim to promote democracy, prevent radicalization, and encourage political participation among immigrants.
Increased focus is placed on language instruction, particularly on its vocational component:
OECD countries recognize the importance of language training for migrants, as it improves access to the labor market, social services, and social ties. However, implementing vocational language training can be challenging due to low numbers of migrants interested in specific occupations. Countries like Germany and Austria have expanded their courses to include specialized language courses for labor shortages in specific sectors. Switzerland has increased funding for language courses and apprenticeships, while Spain allows undocumented migrants to access temporary residence if they complete vocational training courses and possess minimum Spanish knowledge. Korea is implementing long-term vocational training courses for E-9 visa holders, while countries like the Netherlands and Australia are increasing target levels in language knowledge. Finland has also renewed its core curriculum for integration training, emphasizing language awareness.
New National Action Plans were adopted by nations to combat racism and discrimination:
Countries are adopting National Action Plans to combat discrimination, including the EU-wide initiative to fight racism. Belgium has approved a new NAPAR for 2021-24, focusing on equal opportunities, work, economy, asylum, migration, health, justice, police, foreign affairs, media, and mobility. France has introduced a new plan for 2023-26, aiming to fight racism, antisemitism, and discrimination related to origin. Ireland launched its first National Action Plan Against Racism in 2023, aiming to eliminate racism in all forms. Germany strengthened its Federal Anti-Discrimination Agency in 2023. Colombia’s National Development Plan 2022-26 focuses on preventing xenophobia and discrimination. Canada, the United States, and Mexico signed the Declaration on the North American Partnership for Equity and Racial Justice in 2023.
Fundamental overhaul of integration frameworks:
OECD countries have made significant changes to their integration legislation, including the new Integration and Civic Integration Act in Belgium, which expands eligibility for integration measures and excludes asylum seekers. Migrants must register at the Flemish PES and participate in a social networking and participation project. These measures are no longer free and immigrants are expected to pay EUR 360. Latin American countries are also implementing new strategies on integration, such as Costa Rica’s National Integration Plan 2023-27, Chile’s migration law, and Colombia’s strategy for Venezuelan migrant integration. These strategies aim to increase the supply of integration services, strengthen prevention strategies, focus on economic integration, foster social and cultural integration, expand institutions, define financing strategies, and reinforce data infrastructure. Finland plans a comprehensive reform of the Integration Act for 2025, while Luxembourg is developing a law on “intercultural living together” and fighting against racism.
Welcoming and integrating Ukrainian refugees:
In 2022/23, OECD countries face a significant integration challenge in providing support to Ukrainian refugees. The Temporary Protection Directive grants immediate access to education and employment for those with temporary protection, while other non-EU countries have enacted similar emergency plans. Most countries have extended integration support coverage to include displaced Ukrainians, with some focusing on language courses and vocational language training. Many Ukrainian refugees are tertiary educated, and early assessment of their skills and qualifications is critical for their continued work. To better match the needs of the Ukrainian refugee population, some countries have streamlined and accelerated recognition procedures, such as shortening processing times for medical professionals, implementing fast-track procedures for Ukrainian teachers, and allowing case-by-case assessments. However, many countries are unsure how to proceed in integrating Ukrainians, as the displacement of Ukrainians is perceived as temporary by host countries, Ukraine, and the refugees themselves. Conventional integration systems may not adequately meet the needs of Ukrainians in host countries.
CONCLUSION:
In conclusion, the integration policies and legal rights of war migrants in host countries represent a critical and dynamic aspect of the global response to humanitarian crises. Balancing the complexities of international law, the unique needs of displaced populations, and the challenges faced by host nations necessitates a multifaceted and collaborative approach.
Efforts to enhance integration policies should prioritize a holistic perspective that addresses the diverse facets of migrants’ lives, encompassing legal status, employment, education, healthcare, and social inclusion. The recognition of foreign qualifications, language and cultural programs, and tailored employment initiatives can empower migrants to contribute meaningfully to their new communities.
Moreover, a commitment to combatting discrimination, promoting community engagement, and fostering awareness of the benefits of diversity can create an inclusive environment. Collaboration between governments, non-governmental organizations, local communities, and migrants themselves is essential for the success of integration initiatives.
As we navigate this complex landscape, the importance of continuous evaluation, flexibility, and international cooperation cannot be overstated. By learning from best practices, actively involving migrants in policy development, and adapting strategies to evolving circumstances, nations can work towards building more effective, humane, and sustainable integration policies.
Ultimately, the success of integration policies goes beyond legal frameworks; it lies in the collective commitment to creating societies that embrace diversity, uphold human rights, and provide opportunities for all individuals, including those displaced by conflict, to rebuild their lives and contribute to the betterment of their adopted communities.
REFERENCE:
https://rm.coe.int/integration-of-migrants-and-refugees-benefits-for-all-parties-involved/1680aa9038
https://www.oecd-ilibrary.org/sites/61fe58ad-en/index.html?itemId=/content/component/61fe58ad-en
https://ijrcenter.org/thematic-research-guides/immigration-migrants-rights/
https://home-affairs.ec.europa.eu/policies/migration-and-asylum/legal-migration-and-integration_en
https://www.knomad.org/thematic-working-group/migrant-rights-and-integration-host-communities