PARIS, 5 September 2008 Original: English

Transcription

1 Executive Board Hundred and eightieth session 180 EX/47 PARIS, 5 September 2008 Original: English Item 47 of the provisional agenda REPORT BY THE DIRECTOR GENERAL ON THE STUDY CONCERNING THE PROPOSAL FOR THE CREATION OF A NETWORK OF NATIONAL AUTHORITIES TO SUPPORT MIGRANTS WHO ARE VICTIMS OF DISCRIMINATION AND XENOPHOBIA SUMMARY Pursuant to 177 EX/Decision 71, this progress report presents a summary of the findings as well as the recommendations of the study to assess the proposal for the creation of a network of national authorities to support migrants who are victims of discrimination and xenophobia. This study analyses, initially, the feasibility of such a network in the Latin America and Caribbean (LAC) region. This document has administrative and financial implications (see paragraph 13). Action expected of the Executive Board: proposed decision in paragraph 14.

2 180 EX/47 BACKGROUND 1. Following a proposal introduced by Uruguay, the Executive Board, by 177 EX/Decision 71, invited the Director-General, within the existing framework of the International Coalition of Cities against Racism, to undertake a study to assess the proposal in document 177 EX/71, Creation of a network of national authorities to support migrants who are victims of discrimination and xenophobia. It further invited the Director-General to present to it a report on the results of the study at its 180th session, including administrative and financial implications, and within the context of UNESCO s programmes and its strategic objectives on issues relating to discrimination and xenophobia, as adopted in document 34 C/5. 2. The study was carried out under the supervision and guidance of the Social and Human Sciences Sector with the technical assistance of the Ibero-American Union of Lawyer s Colleges and Groupings (UIBA, in its Spanish acronym, for Union Iberoamericana de Colegios y Agrupaciones de Abogados), with administrative headquarters in Madrid, Spain, but operational in all countries of the Ibero-American region. The UIBA is, since the establishment of the programme, one of UNESCO s main partners in the project of the International Coalition of Cities against Racism, Discrimination, Xenophobia and Intolerance, having been particularly active in the regional Coalitions in Latin America and the Caribbean, the Arab Region and Europe. 3. Given the origins of the proposal and concentrating efforts to maximize its effectiveness the initially submitted feasibility study by the consultant analyses primarily the feasibility of such a network in the Latin America and Caribbean (LAC) region. CONCEPTUAL FRAMEWORK 4. The activity is considered within the framework of the Declaration and Plan of Action resulting from the 2001 Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and in compliance with 164 EX/Decision which invites the Director-General to develop an integrated strategy to combat racism, discrimination, xenophobia and related intolerance in UNESCO s fields of competence. The strategy (32 C/13) was adopted by the General Conference at its 32nd session (32 C/Resolution 28). 5. Reference is made to the special commitment undertaken by the Ibero-American community of nations in the fight against all forms of discrimination as is shown by the special attention given to it at the Ibero-American Heads of State Summits in Montevideo (2006) and Santiago de Chile (2007), as well as the work carried out in this domain by the Summits Secretariat, the SEGIB, since Finally, the activity centres its attention on the issue of the protection of migrants against discrimination and xenophobia, which is receiving increasing international attention, in part because the 2008 Global Forum on Migration and Development (Manila, Philippines) has chosen the protection and empowerment of migrants for development as its main theme. FEASIBILITY STUDY 7. The main recommendations of the feasibility study are: 1 The system needs to be designed as a group of superimposed networks, which is able to cope with the various activities of the authorities convened. It is important to create these mechanisms for cooperation among the various authorities, but it is crucial to know at any time, at what stage the project is, whether it is in the executive, the legislative or the 1 The original study in Spanish together with an English translation is available upon request at the Struggle against Discrimination and Racism Section at the Social and Human Sciences Sector.

3 180 EX/47 page 2 judicial framework, or even in a specialized context (offices of the ombudsman Defensor del Pueblo, responsible administrations, etc.) The basic working model needs to be defined, and orientated, with ambition, towards conceptual development of citizenship in a globalized world. It will be necessary to create a technical secretariat, with scientific backing, responsible for the management of the working guidelines, as well as the work being done. The Secretariat needs to pay particular attention to the design of a new judicial discourse in the area of citizenship. It will be necessary to promote the lines of communication and cooperation with the city networks established within UNESCO s programmes. This cooperation is fundamental as all citizenship discourse should establish the city as a starting point. Furthermore, the Coalition of Cities has already developed a working method useful for a project similar to this one. It is important to transform the network into a platform capable of promoting international leadership in terms of a new citizenship. To achieve this, complete integration is also essential with the different sections of UNESCO, such as through communication and cultural means, since it is at this stage that work must show results However, the network needs to remain autonomous, as much in its organization and administration as in its financing, without requiring financial assistance from UNESCO. To achieve this, it is necessary to implement a flexible donation system which relies as much on States contributions as it does on international organizations to guarantee the financial capacity to develop the activities. However, UNESCO can provide assistance by raising the profile of the network to potential organizations that could provide financial contributions. With regard to this point, it is recommended that a dialogue be established on this topic with SEGIB, as the Secretary for the Summit of Ibero-American Heads of State. COMMENTS ON THE STUDY 8. The study provides a rich spectrum of items that relate to the issue of migrants, discrimination and xenophobia. In view of the complexity of the theme, the Secretariat needs to study the issue further especially with a view to linking the activity with UNESCO s programme activities related to the issue of discrimination and xenophobia towards migrants, such as with the Education Sector on access to education and recognition of qualifications and diplomas, and with the Culture Sector on cultural participation of minorities and the protection of cultural diversity. Furthermore, consultations with potential outside partners, including relevant United Nations Agencies, intergovernmental organizations and the Coalition of Latin American and Caribbean Cities against Racism, Discrimination and Xenophobia, ought to be held. 9. In order to provide for fully informed decision-making, the following questions have yet to be addressed: What are the main problems that migrants face in terms of discrimination and xenophobia? Which are the domains (such as education, health, labour, cultural participation) in which action can be developed towards remedying discrimination and xenophobia? Which national authorities are to be involved in addressing these problems?

4 180 EX/47 page 3 At what level of operation can the proposed network of national authorities be most effective (for example policy, practices, mechanisms, individual cases)? In what way can the network make use of the existing international normative instruments such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families? What role are cities currently playing in addressing these problems and how can the network of national authorities cooperate with or within the International Coalition of Cities against Racism? What are the financial implications for the Organization and for Member States that decide to establish a network of national authorities to address discrimination and xenophobia towards migrants? OPERATIONAL PLAN 10. The Secretariat will follow up on the recommendations of the study and the initiatives of Member States in the area of protection against discrimination and xenophobia by preparing an operational plan that addresses the questions that have emerged from the study as listed under point 9. The operational plan aims to explore in practical terms the feasibility of a network at the national level and the interest of extending the national network on a regional basis. 11. Preparation of an operational plan will allow further clarification of some of the key issues that have arisen from the feasibility study and the consultations with Member States, including the need to find agreement on the target population of migrants as defined in the International Convention on the Rights of Migrant Workers and All Members of Their Families of 1990, agreement on the national or regional scope of the network of authorities and the potential to link to the existing International Coalition of Cities against Racism. 12. A final report to the Executive Board will also address the issue of the Organization s role in promoting the model of national authorities networks, the potential for regional and international cooperation of Member States in addressing discrimination of migrants, the need for information of national authorities on the protection of migrants from discrimination, and the collection and dissemination of best practices to combat discrimination and xenophobia. ADMINISTRATIVE AND FINANCIAL IMPLICATIONS FOR UNESCO 13. The current activities in the follow-up to 177 EX/Decision 71 are financed through the regular programme. The preparation of an operational plan would not entail any significant costs for UNESCO. It is important to mention that, for the Ibero-American region, the SEGIB and its partners have already indicated their interest in cooperation with UNESCO in this field, in line with the outcomes of the 2006 Madrid Conference on Ibero-American Migrations. Action expected of the Executive Board 14. Taking into consideration the above, the Executive Board may wish to adopt the following proposed decision: The Executive Board, 1. Having examined the Director-General's progress report on the study concerning the proposal for the creation of a network of national authorities to support migrants who are victims of discrimination and xenophobia (180 EX/47),

5 180 EX/47 page 4 2. Takes note of the main findings and recommendations of the study and its positive evaluation of the proposal, as constituting a good initiative for strengthening UNESCO s action in the struggle against discrimination and racism; 3. Invites the Director-General to develop this initiative further by designing a detailed proposal for the establishment of a network of national authorities to support migrants who are victims of discrimination and xenophobia in which, among others, the following elements should be outlined: (a) at the regional level, identifying of the competent sectors of society and government responsible for dealing with issues of discrimination of migrants and to propose clear ways of networking among them; (b) (c) defining the expected results of such inter-regional cooperation networks; at the national level, identifying which authorities should be included in such networks, what the objectives of their networking would be, how to develop adequate policies, best use of existing structures, maximization of resources and the elimination of duplication; 4. Further invites the Director-General to submit to it at its 181st session the final report on the study concerning the proposal for the creation of a network of national authorities to support migrants who are victims of discrimination and xenophobia. Printed on recycled paper