LOCAL AUTHORITIES, MIGRATION AND YOUTH

Transcription

1 LOCAL AUTHORITIES, MIGRATION AND YOUTH Paper Prepared for the GMG Publication (2012) on Migration and Youth By UNITAR with the support of UNFPA and the MacArthur Foundation Introduction Local authorities are at the forefront in confronting the transformations and the opportunities that migration brings about. In some cases, local players have been the ones that seized these opportunities. 1 The field of human mobility elicits a number of policy implications. These can be broken into two broad categories, those tied to entry (how, where and for how long one enters), and those tied to integration (the two-way relationship between migrant and society s co-existence). Two important and relatively new trends in the migration policy field are worth noting. The first is that while states once focused on entry, efforts to integrate have become equally important. Indeed the EC-UN Joint Migration and Development Initiative (JMDI) Report, which explores the role of local authorities in promoting migration and development, points to the seemingly contradictory challenge of ensuring meaningful integration and effective circularity. In what is limited to a discussion of "migration and development" in the UN context (though not so in the GMG), common wisdom has it that a more integrated migrant is more likely to contribute socially, economically and otherwise both to his/her origin and host countries. The second trend is that with a greater focus on integration or social cohesion, the role and support of local community representatives at the municipal and/or regional level are brought to the fore. Given the relatively nascent existence of dedicated migration policy decision-making structures within governments, the inputs of local authorities is in parallel to a more broadened access of stakeholders in this field, including those of civil society organisations (CSOs). This chapter discusses the role of local authorities in influencing migration policy in particular as it pertains to integration and social cohesion. It then looks at four obstacles which CSOs, including migrant youth associations, must overcome to engage with local authorities. These are: legitimate representation, effective ownership, direct access and limited resources. In doing so, the chapter elicits 1 "From Migration to Development: Lessons drawn from the experience of local authorities" EC-UN JMDI Final Report, p.19 Postal Address: UNITAR New York One United Nations Plaza, Suite DC1-603 New York, NY T +1 (212) F +1 (212) info@unitarny.org Institut des Nations Unies pour la formation et la recherche Instituto de las Naciones Unidas para Formación Profesional e Investigaciones

2 questions about whether and in what form such obstacles may affect youth migrant association's impact on decision-making. It concludes with recommendations on opportunities which may yield support to migrant youth associations in overcoming these obstacles. These can be summarized as: forming coalitions of interest; using new technologies; and engaging through platforms for dialogue and access. I- Local authorities: bringing them into the loop Within the European context, it is estimated that local authorities comprise more than 91,000 municipalities, 1,150 districts, counties, and provinces, and more than 100 regional bodies. 2 Some regions of the world, in particular in Africa, where the process of decentralization largely began in the early 1990s, decentralization is not at the same scale and is more uneven across the Continent. 3 In the European Union, with a more broadened view on the inclusion of multiple stakeholders in formulating policy responses to migration challenges since 2005, there has been a concomitant recognition of the added role of local authorities as actors for development. In 2008, in its communication Strengthening the Global Approach to Migration: Increasing Coordination, Coherence and Synergies, the Commission called for greater cooperation between all administrative levels, including the local level, and underlined the need to share knowledge and experience. 4 Despite the contributions of local authorities to development, the EC has also acknowledged that: "the missing link is the connection between the role of local authorities and migration processes. 5 In the international context, at the Global Forum for Migration and Development (GFMD) IV in Puerto Vallarta Mexico last year, both the high ranking representatives of the European Union and the United States pointed to the essential role that local authorities must play in assisting a smooth transition towards social cohesion in host societies, and the need to ensure that they in turn receive the support and capacities required to perform this task. 6 Capacity Building Targeted to Municipal Authorities: UNITAR s LDP Empirical evidence continues to reveal that decentralised management of social services and public goods provide optimal value-for-money in development planning and delivery. UNDP, UNCDF, WB, ACBF and the AFDB, among others, continue to expand or promote decentralization and local governance programmes, in line with national poverty reduction strategies momentum-underscoring the accompanying organic merits of transparency, accountability, resource efficiency (human/financial) and most importantly, proximity of programme planning and design with actual beneficiary needs. 2 Taken from EC-UN JDMI Report, p. 21, cited from Council of European Municipalities and Regions: The state of Europe s local and regional government (2006/2007 Edition) 3 Giorgio Brosio. "Decentralisation in Africa" (2000) 4 As cited in JMDI Report, p.16 5 As cited in JMDI Report, taken from European Commission (2006) Local Authorities: Actors for Development, EC Communication 6 Statements by senior US representative, Eric Schwartz, and senior EU representative, Stefano Manservisi, during open forum on public perception chaired by Amb. Sergio Marchi, 10 November 2010, Global Forum on Migration and Development, Puerto Vallarta, 2

3 Ten years ago, the UN Institute for Training and Research (UNITAR) developed with UN-Habitat the first declaration of local authorities delivered at the UN in the context of the World Summit on Sustainable Development. This declaration led to the establishment of a dedicated training programme within the Institute, the Local Development Programme (LDP) whose purpose, in part through its established network of training centers for local governments Centre internationaux de formation pour acteurs locaux (CIFAL Centres), is to address the capacity building needs of municipal actors in the fields of social development, economic development and sustainable cities, see: Reflective of a broader trend, at a CIFAL-wide Steering Group meeting two years ago, mayors and their representatives emphasized the emergent urgency of addressing migration-related challenges in their cities, including: environmental sustainability, integration, employment, education, transportation, social services, health, human security and inter-cultural dialogue. In 2012, UNITAR will begin to implement comprehensive capacity building packages in city centres including Antwerp, Belgium and Jeju, South Korea. An emergent issue in engagement with local authorities is the importance of working within the broader context of national and/or federal policy making. As one expert meeting concluded: The national government must also 'set the tone' for the debate. In drawing from the example of Germany: despite a firm ideological and financial commitment to integration on the local level, substantial progress could not be made as long as the national government was promoting the view of immigrants as guests who would eventually leave. Once the government adjusted its tone and expectations, there was a fundamental change in how the public perceived immigration. 7 In the United States, there has been one the one hand, and since 9/11 a more comprehensive approach between different tiers of government which has had a significant impact on the levels of detention and deportations of undocumented migrants. These have peaked under the current administration. 8 On the other hand, divergent approaches are being taken by local authorities on migration policy, where federal legislation is outdated. The result is starkly contrasting local legislation: Alabama 9 and Arizona 10 have among other, legalized spontaneous identification searches by police while, California has legalized access to state financial aid at public 7 Migration Policy Institute, Report from the Extraordinary Meeting of the Trans Atlantic Council on Migration, Integration at the Local Level, Berlin, June 2009, p. 9 8 Frontline: "Lost in Detention", 18 October 2011, 9 "Among other things, the law requires police to check the immigration status of suspects and turn illegal immigrants over to federal authorities. It requires school officials to demand birth certificates from students enrolling for the first time, though the schools may not turn students away. It forbids illegal immigrants to engage in business transactions with state government." "The law, which proponents and critics alike said was the broadest and strictest immigration measure in generations, would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally." 3

4 universities and community colleges for (in-state) undocumented migrants 11, a development largely inspired by what is known as the "Dream Act". 12 II- Local authorities: well positioned to support youth migrants Local authorities are quite clearly at the forefront of addressing migration challenges as they are on the ground, living out the day-to-day realities of a more diverse society. As the JMDI Report suggests: The close proximity of local authorities to their constituencies, their direct experience in implementing policy, their potential to initiate multi-stakeholder dialogue and participatory decision-making, as well as the range skills that they have often developed in spatial development strategies, make local authorities important actors in migration and development governance. 13 Further, migrants tend to concentrate in localities where fellow compatriots reside. As such, transnational links emerge from local communities of migrants within local host communities. The JMDI notes: overall mobility between Italy and Tunisia may not be massive but movements between the Tunisian coastal area of Mahdia and the province of Trapani in Sicily are substantial. 14 An on-going project by the Open Society Foundations is to analyse11 major European cities' efforts to integrate Muslim migrants. The city reports cover participation and citizenship, the role and impact of the media, education, employment, and housing, health, and the criminal justice system. The reports make recommendations for improving living conditions, which are targeted at all levels of governance: local, national, and the EU. Youth migrants coalesce for different reasons including due to common nationalities and/or ethnic origins, or similar challenges such as their undocumented status and/or barriers to education and social mobility. As the UN World Programme of Action for Youth (2010) states: Youth organizations are important forums for developing skills necessary for effective participation in society, promoting tolerance and increased cooperation and exchanges between youth organizations. 15 In Germany, for example, Turkish migrants or descendants of migrants have coalesced to ensure better access to quality education, and in the United States, youth migrants have joined forces to promote federal enactment of the Dream Act. Though little research appears to have been written on the interface between migrant youth associations and government, anecdotal evidence suggests that youth often press for change first through locally-based public institutions. Examples of such efforts are highlighted in the next section Under the rigorous provisions of the DREAM Act, qualifying undocumented youth would be eligible for a 6 year long conditional path to citizenship that requires completion of a college degree or two years of military service. See: 13 EC-JMDI, p Ibid, p DESA. World Programme of Action for Youth (2010), p.42 4

5 III- Challenges of engagement between local authorities and CSOs including youth CSOs Public institutions need to reach out constantly to new partners and insist that the time invested on both sides has real value beyond checking the box for civil-society engagement. 16 While local authorities are becoming a recognized player in addressing migration challenges in particular those associated with fostering social cohesion in communities, there are nevertheless significant obstacles which pertain to engagement with CSOs in general and perhaps with migrant youth associations in particular. As a potentially new area of research, this section highlights obstacles and raises questions as to how these obstacles may bare on youth associations-both migrant and non-migrant ones. Legitimate representation: The first challenge pertains to the issue of representation. Early literature on the role of CSOs in influencing migration policy highlights the dilemmas of proper representation and associated legitimacy. This challenge was apparent in 2000 during the assessment of the first comprehensive migration and refugee projects in the Commonwealth of Independent States (CIS) first initiated in As the report suggests, identifying and supporting the right CSOs was a make it or break it step in the process of strengthening local governance structures. 17 Similarly, the EC-UN JMDI Report stresses: a critical aspect in establishing successful relationships with migrant associations is the capacity of the associations to represent a wider community, i.e. whether they can be considered as legitimate representatives of community interests Encouraging the structured representation of migrant groups is in the interest of local authorities. 18 Size of membership is one criterion but not sufficient. The report recommends that local authorities must develop criteria that can measure how representative a migrant association is. 19 A question worthy of consideration would be to what extent does the challenge of representation affect youth associations in their dealings with local authorities and more particularly how does it affect migrant youth associations? Effective ownership: A second challenge pertains to ensuring ownership such that youth act as part of a process, factoring in their unique perspectives. The UN World Programme of Action for Youth points to the lack of opportunity for young people to participate in the life of society and contribute to its development and well-being. It 16 K. Newland The GFMD and the Governance of Migration, chapter9 in Omelianuk ed. (forthcoming) 17 UNHCR, IOM and in cooperation with OSCE. Assessment of Conference Process ( ) rb3f5apjmsj: =us&pid=bl&srcid=adgeesjrthi89liettrjydwnn8fby0qh5unaiug_umewx4ld0opbl4o2aoqzjboxwxqbryuktcwfmxktmedmhiair2 mnl6dwy3yjhskhj6fxamzz7ags_npqisbtn32quo4jkgnkitb&sig=ahietbtrmp2o0_6q75ddfepiljah ABwMtg 18 JMDI, p Ibid, p. 55 5

6 adds: In addition to their intellectual contribution and their ability to mobilize support, they bring unique perspectives that need to be taken into account. Any efforts and proposed actions in the other priority areas considered in this programme are, in a certain way, conditioned by enabling the economic, social and political participation of youth, as a matter of critical importance. 20 Due to the increasing attention on the relationship between migration and the environment including climate change, policy analysts have described that more research is needed to understand mobility of young people due to changes in the global environment Initiatives in the context of the upcoming UN Conference on Sustainable Development (Rio+20), are giving voice to youth s perceptions on what is required and desired for a more sustainable world. At Rio+20 next June, UNITAR and UNIDO will host the Green Economy Knowledge Fair geared towards promoting the transfer of knowledge and green technologies locally. The Fair will feature youthinspired initiatives such as Green Dreams 22, and ScenaRio , the latter drawing on the voice of "young global citizens" to shape political directions on environmental sustainability. These initiatives are expected to have a significant impact on deliberations in Rio, just as the young Ms. Severn Suzuki "silenced the world for six minutes" after her unforgettable intervention at the first Rio Conference in At the GMG Symposium last May, the issue of agency was poignantly expressed by undocumented youth migrants who are part of the Dream Act movement in the United States. Questions worthy of further research would be whether effective ownership is a particular challenge of migrant youth associations? And, how can local authorities effectively engage with those who are self-described as living in the shadows? How can local governments effectively map and integrate youth agendas in policy making and programme delivery? Through the capturing of youth needs and priorities, local leaders can actively include youth agendas in developing more responsive policies that involve and engage these populations, to sustainably and cohesively build the local communities of tomorrow irrespective of youth s citizenship status. Direct access: A third challenge related to those above, pertains to CSO direct access to local authorities and relevant decision-making focal points. Where local authorities are well defined, the challenge can be in identifying those responsible for migration (and /or migration and development) objectives. 25 Given that most countries did not have dedicated migration decision-making structures before the 1990s and many have been restructured since then, it is not surprising that there may be little coordination between national and local administrations. Further, given the multi-sectorial impact of migration, national or sub-national governments should have inter-ministerial focal 20 DESA UN World Youth Report (2010), p GMG Policy Paper (2011) Cooperation-the Key to an Effective Policy Response to Global Environmental Change, Migration and Youth, p See: 24 See: Severn Suzuki represented "ECO" the "environmental children's organization" though it is not clear whether this was a formal organization or not (probably not). 25 JMDI, p. 21 6

7 points/task force on migration. A current deficiency identified by local authorities in ongoing migration management is the lack of efficient and effective coordination within the administration and with other stakeholders. 26 Related to access is the level of decentralization (transfer of authority and responsibility for public functions from central to intermediate and local governments) in a given country or region. The most dynamic local authorities intervention is closely related to the level of administrative decentralization in place. 27 Countries like Spain and Italy, where local authorities have developed a cross-policy approach to migration, often with positive outcomes. 28 In a forthcoming conference convened by UNDP and UNITAR in the Spring of 2012 entitled Youth and Africa s Future, with the backdrop of limited decentralization in most countries in sub-saharan Africa, conference documents suggest: countries will need to consider a tempered decentralized approach to act immediately on responding to youth needs. Specifically, applying decentralized or localized governance measures whereby youth sensitive programmes are specified and implemented outside the existence of decentralized governance frameworks. This is a particularly pertinent approach in post-conflict countries and/or regions with limited social protection and gainful employment. Localized initiatives may, inter alia, include youth participation in community based initiatives, social network development, small enterprise development in agriculture and where appropriate labour intensive programmes linked to local development and/or private sector operations. 29 A pertinent question when considering the level of access would be whether youth migrant associations face greater barriers in engaging with local authorities? Limited resources: A recurring thread for CSOs is the legislative and financial climate in which CSOs operate. Particularly given the state of the current economy, CSOs are hamstrung in their efforts to generate funding support. On the other hand, the JMDI Report also points to the absorption capacity of CSOs and in its own work limited grants to what were considered a manageable amount. Some foundations have targeted migrant youth for granting 30, but few seem to be in place to fund migrant youth associations. Does the legislative environment surrounding granting opportunities for youth migrant associations place them at a disadvantage for obtaining financial support? What are their main sources of revenue? 26 Ibid, p, Ibid, p Ibid, p UNDP/UNITAR Conference Document Youth and Africa s Future (2012)

8 IV- Engagement with migrant youth: opportunities for overcoming obstacles "Bearing in mind that the ways in which the challenges and potential of young people are addressed will influence current social and economic conditions and the well-being and livelihood of future generations." 31 It is evident that migrant youth have a critical role to play in shaping policy responses geared towards fostering integration and social cohesion. Indeed many of the victims of the tragic events on 22 July 2011 in Norway were migrants or the children of migrants. "In the words of Mr. Torbjorn Eriksen, a former press secretary to Norwegian Prime Minister Jens Stoltenberg, the young people had gathered 'to learn about and be part of democracy.' And so they represented a threat, perhaps the greatest threat to extremism in Europe: youth actively engaged in the ongoing struggle to promote and maintain open society in Europe." 32 As discussed in the section above, CSOs representing migrant youth associations may face obstacles when engaging with local authorities including: legitimate representation; effective ownership, direct access and limited resources. Recommendations which may assist in overcoming these obstacles include: forming coalitions of interest; use of new technologies; and engaging through platforms for dialogue and access. Forming coalitions of interest: As argued elsewhere 33, migrant youth associations may have greater influence over local decision-making if they are able to band wagon with other interest groups. Coalitions of interest will have to work on ensuring adequate and legitimate representation, and membership may also be subject to the development of specific criteria as suggested above for representation of a particular CSO. In addition to strength in numbers, coalitions of interest enable the bundling of priorities, which could include the pursuits of non-migrant groups. This is the case in projects which actively involve migrant and non-migrant youth as exemplified below, in this case: promot(ing) equitable social participation for all residents. A case study from Germany: local integration policy in Solingen The local government in Solingen was spurred to increase its integration efforts in the wake of a xenophobic attack on a Turkish family in The resulting initiatives aimed to promote equitable social participation for all residents in two principal ways: first, by encouraging immigrant-origin populations to get involved in public life (achieved by employing officials who speak the target group s native language); and second, developing integration policies that target native German youth and aim to prevent 31 GA Resolution 64/134. "Proclamation of 2010 as the International Year of Youth: Dialogue and Mutual Understanding: 18 December Taken from: 33 See Thouez and Bonelescu-Bogdan (2011) 8

9 xenophobia. These values were reflected in the 2005 Solingen Integration Exchange motto: Shared Designs, Decisions and Responsibilities. With its local integration policies, the city has achieved a high degree of civic engagement from its immigrant-origin populations. A wide range of courses meets the large demand for German language instruction. The interracial climate of the city has improved significantly since the local government made integration a top policy priority. 34 Use of new technologies: Civil expression as starkly exemplified by recent uprisings in the Middle East, continues to exhibit the many lessons learned from social, economic and political policies that neglected for too long the vital role of youth in today s societal structure. Among many lessons yet to be fully interpreted from these recent developments, are the linkages between communication and information transparency with and from the public. 35 The Migration Policy Institute has recently published on this subject: "Governments can also be innovative by using fast-growing technologies (such as social networks and mobile phones) in order to share experiences and good practices.activists have called on international actors to help civil society groups (in Egypt) by connecting them to members of civil society from countries which have recently undergone their own democratic transitions." 36 Technology is affecting issues of ownership, ensuring voice to marginalized and overlooked sectors of society. It is also kicking the door open, heralding access in ways once hard to imagine. Technology as a tool for change in Brazil Extract of transcript: interview with Rodrigo Baggio, founder of the Center for the Democratization of Information Technology (CDI) in Brazil 37 : RODRIGO BAGGIO (CDI Founder) (through translator): Technology and technological inclusion allows for an impact that's greater than just learning how to use a computer and being able to have access to the Internet. The big impact is that it empowers lowincome communities because it teaches them to utilize technology to understand their reality in a better way and identify the challenges that they face. FRED DE SAM LAZARO (Interviewer): Baggio's favorite example is this video posted on YouTube by a group of young people. RODRIGO BAGGIO (through translator): These kids went out with cell phones and digital cameras and they were interviewing community members and taking pictures in order to better understand their reality, the challenges that they face in the community. They chose an example of a photo of rats. One of the kids had taken a photo of rats. 34 Migration Policy Institute, Report from the Extraordinary Meeting of the Trans Atlantic Council on Migration, Integration at the Local Level, Berlin, June See UNDP/UNITAR Conference Document "Youth and Africa's Future" (2012) 36 Natalia Bonelescu-Bogdan (2011) Improving US and EU Immigration Systems: The Role of Civil Society in European Migration Policy: Perspectives on the European's Engagement in its Neighbourhood See: 9

10 FRED DE SAM LAZARO: They traced the rat problem to garbage not properly disposed of or collected. Then they spread word through handmade and computergenerated fliers. They sent this video to the mayor, posted it on YouTube, and Baggio says all the publicity got a response from city hall that resulted in better trash services. RODRIGO BAGGIO (through translator): I mean, this is a story, you know, 10 kids from a class that used technology, use the Internet to discover a problem, and find a solution for it and change their reality as a result. Engaging through platforms for dialogue and access: One of the main developments in migration policy since its progressive internationalization in the mid- 1990s has been the establishment of platforms for exchange of views, information and policy making-what Professor Alexander Betts has described as facilitated multilateralism. 38 For local authorities, a central recommendation from the EC-UN JMDI Report pertains to: the establishment and maintenance over time of institutional set-ups that serve as dialogue and coordination frameworks. 39 For youth, UNICEF continues to recommend participatory policy reform for youth inclusion and enfranchisement of youth as decision-makers. 40 Such platforms or local consultative processes as referred to in the JMDI, should be established for local authorities, including ones dedicated to the interface with migrant youth associations. Local authorities and stakeholders, until recently relatively uninvolved, have increased their commitment and policy approach.in this sense, the establishment of good lines of communication at the horizontal and vertical level, the exposure to other experiences, and the increasing relevance of migration in social cohesion policy become pivotal elements of local authorities increased awareness and action..to this aim, local authorities can beneficially promote vertical partnerships within other levels of government but also horizontal partnerships with other actors operating at the same level Works Cited Alexander Betts, ed. Global Migration Governance Oxford University Press, DESA.UN World Programme of Action for Youth, Kathleen Newland (forthcoming) General Assembly Resolution 64/134. "Proclamation of 2010 as the International Year of Youth: Dialogue and Mutual Understanding: 18 December 2009 Giorgio Brosio. "Decentralisation in Africa" (2000) 38Betts.Global Migration Governance JDMI, p UNICEF Report: UNICEF Guide for youth participation in political decision-making 41 Ibid, p

11 GMG Policy Paper (2011) Cooperation-the Key to an Effective Policy Response to Global Environmental Change, Migration and Youth Migration Policy Institute, Report from the Extraordinary Meeting of the Trans Atlantic Council on Migration, Integration at the Local Level, Berlin, June 2009 UN World Programme of Action on Youth (2010) UNICEF Report: UNICEF Guide for youth participation in political decision-making UNHCR, IOM and in cooperation with OSCE. Assessment of Conference Process ( ) UNITAR/UNDP Conference Paper (2012) Natalia Bonelescu-Bogdan (2011) Improving US and EU Immigration Systems: The Role of Civil Society in European Migration Policy: Perspectives on the European's Engagement in its Neighbourhood. GCIM (2004) European Commission United Nations "From Migration to Development: Lessons drawn from the experience of local authorities" Final Report Open Society Foundations (2011) PBS (PBS Newshour, Frontline) Los Angeles Times New York Times 11