Diversity management in Spain: New dimensions, new challenges 9781526102805

Citation preview

ZAPATA000_ZAPATA000 21/05/2013 15:50 Page 1

New dimensions, new challenges

Ricard Zapata-Barrero is Professor of Political Science at Universitat Pompeu Fabra (Barcelona, Catalonia, Spain), and director of GRITIM-UPF (Interdisciplinary Research Group on Immigration)

www.manchesteruniversitypress.co.uk

ISBN 978-0-7190-8854-4

9 780719 088544

DIVERSITY MANAGEMENT IN SPAIN

In the current European dilemma as to whether to increase diversity policies or move towards an assimilationist policy, it is difficult to know what the Spanish approach is. This book argues that Spain represents a context of ‘multiple diversity’, where two frameworks interact: an old, unresolved one, arising from democratic transition, and a new one due to immigration. This explains the Spanish practical approach, where the recent past plays the role of an iron cage, limiting institutional innovation and change. The author proposes a heuristic model, to better understand the ‘Spanish laboratory of diversities’. In order to go through these steps, the author analyses three case studies, coming from the political/social agenda: education, workplace, and political rights. At the end, the reader will have an empirically informed and theoretically founded overview on how Spain is managing diversity. This book is timely for a wide range of academic and professional readers.

Zapata-Barrero

DIVERSITY MANAGEMENT IN SPAIN

Ricard Zapata-Barrero

DIVERSITY MANAGEMENT IN SPAIN New dimensions, new challenges

Diversity management in Spain

Diversity management in Spain New dimensions, new challenges

Ricard Zapata-Barrero

Manchester University Press Manchester and New York distributed in the United States exclusively by Palgrave Macmillan

Copyright © Ricard Zapata-Barrero 2013 The right of Ricard Zapata-Barrero to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. Published by Manchester University Press Oxford Road, Manchester M13 9NR, UK and Room 400, 175 Fifth Avenue, New York, NY 10010, USA www.manchesteruniversitypress.co.uk Distributed in the United States exclusively by Palgrave Macmillan, 175 Fifth Avenue, New York, NY 10010, USA Distributed in Canada exclusively by UBC Press, University of British Columbia, 2029 West Mall, Vancouver, BC, Canada V6T 1Z2 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data applied for

ISBN  978 0 7190 8854 4 hardback First published 2013 The publisher has no responsibility for the persistence or accuracy of URLs for any external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Typeset in Sabon by Servis Filmsetting Ltd, Stockport, Cheshire

This book has been published under the auspices of the research project A European Approach to Multicultural Citizenship. Legal Political and Educational Challenges (acronym: EMILIE), duration 2006-2009, which was co-funded by the European Commission, DG Research and Innovation, Sixth Framework Programme, Priority 7 on Socio-Economic Sciences and Humanities, grant agreement no. CIT5CT-2005-028205.

The information and views set out in this book (report/study/article/ publication, etc.) are those of the author(s) only and do not necessarily reflect the official opinion of the European Commission. Neither the European Commission nor any person acting on behalf of the European Commission is responsible for the use which might be made of the following information. A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu).

Contents

List of boxes, figures and tables viii Acknowledgementsix List of abbreviations xi Introduction: multiple diversity in Spain 1 1 The governance of immigration in Spain: an overview of main topics 12 2 Policy discourses in Spain in a growing multiple diversity process28 3 Multiple diversity in a decentralized education system 66 4 Multiple diversity in the labour market and in the workplace: combating discrimination against immigrant workers99 5 Multiple diversity in the political arena: the limits of political rights of immigrants 129 6 Concluding remarks: heuristic of the Spanish philosophy of diversity management 166 References185 Index207

List of boxes, figures and tables

Boxes 2.1 Premià de Mar 2.2 Badalona

40 44 Figures

2.1 Conflicts around mosques and oratories 2.2 Distribution of Islamic places of worship in Catalonia, by comarca (geographical administrative units) and protests against the opening of places of worship, 2001–06 5.1 Debate on voting rights 6.1 The Spanish identity issue 6.2 The historical context of diversity-related Spain 6.3 The legal framework affecting diversity management 6.4 The Spanish framework related to diversity issues

39 48 134 167 168 172 174

Tables 2.1 Conflicts and challenges of immigration-related diversity in Spain 2.2 Overview of Muslim population, registered Islamic communities, principal mosques and cases of opposition to the building of mosques or opening of oratories, by autonomous community 3.1 Indicators for analysis 3.2 Levels of analysis and data sources 4.1 Basic characteristics of foreign workers (EU, TCNs and total) affiliated with the Social Security System 5.1 Main periods of the voting rights debate 5.2 Basic arguments of conservative/progressive positions

30

46 67 76 102 131 142

Acknowledgements

While writing this book, I have benefited from numerous comments on different chapters. In the first place, I would like to thank the Emilie team, whose debates have always been stimulating and very fruitful, especially because what was sometimes obvious in one country was innovative or rather different from another perspective. The team helped me look at different contexts and mobilize different types of categories for considering the same empirical fact. I would especially like to thank several colleagues: A. Triandafyllidou, R. Gropas, T. Modood, N. Meer, P. Simon, W. Schiffauer, F. Miera, H. Hassan Bousetta, I. Brands and P. Mouritsen. I would also like to mention those attending several conferences, lectures and seminars, where I had the opportunity to disseminate some of the findings. I must not omit my colleagues from the GRITIM-UPF team, who have discussed various arguments in this book personally or in stimulating seminar sessions on several occasions. In particular, I would like to thank those involved as research assistants at various stages of the research: N. de Nynke in the first stage of EMILIE; J. Zaragoza in the final stage; and N. Franco, who coordinates GRITIM-UPF, and who was always there when I was stressed and looking for some specific data, or as a highly motivated reader and discussion partner. I have had the opportunity to disseminate some of the arguments of this book in various journals and books, albeit in different versions: ‘La gestión del derecho de voto de los inmigrantes en España’ in Zapata-Barrero (Ed.), Políticas y gobernabilidad de la inmigración en España (Barcelona: Ariel, 139–163, 2009 with J. Zaragoza); ‘Managing Diversity in Spanish Society: A Practical Approach.’ Journal of Intercultural Studies (vol. 31, n. 4; 383–402, 2010); ‘Muslims in Spain: Blurring past and present Moors.’ In A. Triandafyllidou (Ed.), Muslims in 21st Century Europe: Structural and Cultural Perspectives (London: Routledge, 181–198, 2010, with N. de Witte); ‘Dynamics of Diversity in Spain: Old Questions, New Challenges.’ In S. Vertovec

x

Acknowledgements

and S. Wessendorf (Eds.), Backlash against Multiculturalism in Europe: Public Discourse, Policies and Practices (London: Routledge, 181–200, 2010); and ‘Education as the Mirror of Spanish Society: Challenges and Policies towards Multiple Diversities.’ Omnes: The Journal of Multicultural Society (vol 1, n. 2; 65–100, 2010).

List of abbreviations

ATIME Asociación de Trabajadores e Inmigrantes Marroquíes en España BOE Boletín Oficial del Estado CC Coalición Canaria CE Constitución Español CEAR Comision Española de Ayuda añ Refugiado CES Consejo Econõmico y Social de España CIDE Centro de Investigación Documentación Educativa CITE Centre d’Informació de Treballadors Estranges CiU Convergència i Unió CCOO Comisiones Obreras CMIB Consell Municipal d’Immigració de Barcelona CSM Consens Social sobre Migracions EC European Community ERC Esquerra Republicana per Catalunya ESO Educación Secundaria Obligatoria EU European Union EUCM European Monitoring Centre on Racism and Xenophobia FEERI Federación Española de Entidades Religiosas Islámicas FII Foro para la Integración de los Inmigrantes FM Foro Madrid de Diálogo y Convivencia GDI General Direction of the Integration of Immigrants LOGSE Constitutional Law on the General Organization of the Education System ICV Iniciativa per Catalunya Verds IS Immigration Secretariat ISCS Interculturality and Social Cohesion Service INE Instituto Nacional de Estadística INEM Instituto Nacional de Empleo IU Izquierda Unida LOGSE Law on the General Organization of the Education System

xii

List of abbreviations

LSC Language and Social Cohesion MEC Ministerio de Educación y Ciencia MTAS Ministerio de Trabajo y Asuntos Sociales NGO non-governmental organization PNV Partido Nacionalista Vasco PP Partido Popular PSC Partit dels Socialistes de Catalunya PSOE Partido Socialista Obrero Español TCN Third Country National UGT Union General de Trabajadores UN United Nations UNDEF Unión Nacional de Entidades Festeras UNESCO United Nations Educational Scientific and Cultural Organization

Introduction: multiple diversity in Spain

In the current critical European dilemma as to whether to increase diversity policies or move towards an assimilationist policy,1 it is difficult to know what the Spanish approach is. Because immigration is relatively new in Spain, government policies are struggling to manage the diversity it entails. Spanish policymakers are aware of different policy approaches in older European host countries, but do not seem to be convinced by any of them. The multicultural model, which is now negatively associated with segregation and social marginalization, appears to have the fewest converts. In order to avoid immigrants being segregated in cities, the citizenship approach has been presented within the policy discourse as a new focus that includes both immigrants and native Spaniards. As we shall see later, citizenship policy has a proactive meaning, rather than a reactive one legitimating conservative national identity, as is the case in practically the whole of Europe (Zapata-Barrero, 2009c). The main challenges in Spain derived from immigration must be understood within the context of the democratic transition. The terms of the debate were twofold: how was Spain to be demonopolized from the Catholic Church, which played a legitimating role during the dictatorial francoist regime; and how was the emergent cultural diversity related to minority nations with their own languages, histories and ‘societal cultures’ to be managed?2 That is, religion and national language were basically the driving categories forming the main reference framework for legitimating policies. Both issues frame today’s basic diversity challenges related to immigration. Governed by its recent democratic past, Spain has today multiple difficulties in adopting a coherent immigration policy, since the arguments driving its political approach come from a tradition that has unresolved challenges, basically related to identity. Questions formulated during the democratic transition have resurfaced due to current diversity- and immigration-related issues, and press both policymakers and society to draw specific answers to potential dilemmas such as: what

2

Introduction

is the role of the Catholic Church in education and in a public sphere which has different religious demands? Must the Catholic Church share the same opportunities as the new demands coming from immigration? How can we give policy-coherent answers to practical demands related to dress code, religious festivities, worship, and so on? Is Spain composed of nations or of cultural communities without any national and State legitimizing possible claims? Is Spain multinational? What is the political role of other languages in Spain such as Catalan, Basque and Galician? Should they enjoy the same level of recognition as the Spanish language? The contextual dependence of its recent past is at the core of Spain’s difficulties. Spain’s dilemma is therefore to decide the model of society it aims to follow, given the current diversity of national languages, religions and cultures. The fact that Spain is witnessing today two diversity-related social dynamics, with their own public opinion reactions and their own political discourse, illustrates the interaction of two diversity frameworks. And this is a unique case in Europe. This is the starting premise behind the rationale of this book in which I shall argue that Spain’s recent past and its different traditions play the role of an iron cage, limiting institutional innovation and structural change, and forcing it to follow a practical approach. Under this new angle of diversity management, I shall follow three main steps in my argumentation. The first is the idea that Spanish context exemplifies, as I have previously said, a different context of diversity, which I call ‘multiple diversity’, where two frameworks of diversity interact: an old unresolved one arising from the democratic transition and a new one due to immigration. This two-dimensional framework explains how Spain can be considered a laboratory and gives meaning to the practical approach I shall defend as a second step of my argumentation. This practical philosophy is characterized by a willingness to provide practical answers to current diversity-related conflicts, without any long-term model of a diverse society, and limiting both institutional innovation and structural change in Spain. This is why, as a third step of my argumentation, I shall try to draw at the end a heuristic model, which will help interpret the Spanish way of accommodating diversity by identifying the main institutional and structural system of restrictions. In order to go through these three steps of my argumentation, I will take three case studies, which have been at the forefront of the political and social agenda these last decades: education, the workplace and political rights. These three policy areas illustrate both ­­concrete case studies of multiple diversity (first step of my argumentation), but also its limits for institutional and structural innovation (second step of



Introduction3

my argumentation) and will help me, by inference, to draw a heuristic model (third step of my argumentation). It is at this point that multiple diversity takes its basic meaning: there are indeed various legitimate potential policy answers given the diversity of national traditions. Spain has been following a teleological path, centred in concrete aims dictated by practical conflicts, and always trying to take into consideration the consequences of current conflicts and policy answers to them. This is what I will call the Spanish practical approach, a conflict-oriented policy, with the aim of ensuring stability and cohesion in a short-term strategy, but without any clear long-term model of societal identity within the current dynamics of diversity. I shall provide an overview of Spain’s policies on diversity management in a selected set of particular policy areas and public debates already framing the Spanish political agenda. I shall attempt to respond to the so-called ‘crisis of multiculturalism’ currently affecting Europe,3 showing the complexity arising from the Spanish case study and, by inference, offering at the end a heuristic mode of interpretation of Spanish multiple diversities. I shall now better conceptualize this theoretical framework and justify why Spain can be regarded as a laboratory within the given diversity policy debate in Europe. By using the term ‘multiple diversity’ I wish to highlight the fact that the current diversity challenges in Spain foster a ‘mirror effect’ to the Spanish democratic transition period itself, where some questions related to identity needed to be discussed and solved in order to build the new democratic Spain and its model of society. These questions concern the diversity of nationalities and languages in Spain, but also what to do with the political power of the Catholic Church in public spheres in general and in the education system in particular, when various potential answers from the transition period come back again. The fact that new challenges arising from the different diversities spark more complex questions to old unresolved diversity challenges is what ‘multiple diversities’ tries also to capture. By applying this notion we can contribute to the current diversity debate in Europe, showing how the analysis of Spain can play an illustrative role when different dynamics of diversity frameworks interact. It is at this point that Spain can be presented as a laboratory of diversity management within the current European diversity debate. Indeed, one of the distinguishing features of Spain is that immigration was not included in the democratic transition agenda, so that no definition in the distribution of competences or in the Spanish administrative structure has ever taken place. Immigration has never been considered as a power competence to be defined either in the constitutional framework

4

Introduction

or in any other constitutional law delimiting governance and policy management. Immigration emerged as an administrative and technical issue in the 1990s, and as a political and social issue in 2000. Spain therefore has to face the difficulty of managing this new phenomenon without any political and legal structure in place to deal with it. Spain is developing its competence on immigration inductively, by taking the policy instruments it has in its administrative and policy structure, and constructing its legal and regulatory instruments respecting its already decentralized division of power. It is also in this sense that Spain is a laboratory in a process of definition of its own philosophy. As such, Spain is an example of many issues which have already existed in other countries for a long time. And this is difficult to analyse, because some countries such as the US, Australia and Canada have been shaped taking immigrants into account. In some cases, immigration policies have come later but have been incorporated into a consolidated and already-existing federal/multi-level structure without any multinational dimension (Germany), or even with a multinational structure, but with a strict division of territory along identity or language lines such as in Switzerland and Belgium (Joppke and Seidle, 2012). It is within this structural context that I propose to conceptualize diversity in Spain as ‘multiple diversity’. In this sense, this book is about diversity both as a concept and as a policy. Indeed, the epicentre of the analysis is how the ‘diversity of diversities’ interacts. This book not only focuses on conceptual thinking on diversity but also facilitates policy thinking on the concept involved in novel policy approaches towards diversity. We shall then see how the concept of diversity is not set in stone and is not politically neutral. I always say there is something magical that happens when those who define diversity never include themselves inside the category. That is, those who claim to have the monopoly of the definition of diversity never incorporate their own differential features within the semantics of diversity. Paraphrasing Blommaert and Verschueren (1998) when they say that ‘the discourse on diversity is an instrument for the reproduction of social problems, forms of inequality and majority power’ (1998: 4), and that there is an ideological construction of a problem of diversity, since it seems that the definition is dominated and controlled by the majority and even a tendency to ‘abnormalise the other’ (1998: 19–20), we can apply this to the Spanish case. The discourse of diversity mirrors ontological national identity problems coming from the transition period in the 1980s, since most of the already-existing dynamics of diversity do not yet have a consensual answer of what sort of society they project to live in together with



Introduction5

­ ifferent national identities beyond the democratic form of organizad tion. Spain is a laboratory since at least two different frameworks of diversity meet, following different historical paths, and expressing different froms of interaction between different categories of diversity (religion, language, culture, nationality). In the current European debate on diversity, it has been noted that theories and concepts of diversity having their origins in North America have difficulties of applicability in Europe (Modood, Triandafyllidou and Zapata-Barrero, 2006). However, more generally, there are also specific theoretical stances and debates over diversity which are very heavily dependent, also in scholarly debates, upon real political disputes, dilemmas, structural contexts and specific historical points. Therefore, this book is particularly interested in showing how the concept of ­­diversity is many-fold and covers different policy spheres (education, workplace and the political sphere), where interactions between different dynamics of diversity take place and play, as we shall see, a structural role. I shall also argue that, conceptually, ‘diversity’ has no unified meaning. It is a constructed category, which takes its meaning according to context. I shall also consider ‘diversity’ as an interpretative concept, in the sense that it helps us interpret the new dynamics that have to be incorporated within the policy and management realm. It is thus ‘constructed by societal agents by drawing demarcation lines between classifications with social meanings and sometimes defining certain classifications as the dominant ones’ (Faist, 2009: 178). One of the basic premises of this book is that the first principle to clarify in a diverse context is diversity itself. It is also in this sense that I shall defend theoretically that Spain is a laboratory of ‘multiple diversities’. In this conceptual framework, this book focuses mainly on immigration-related diversity. There has also been a tendency in immigration theory to understand the category of immigration in a uniform, homogeneous way. However, linked to diversity, some authors argue that there is a ‘diversification of diversity’ and that the best notion encapsulating the reality is ‘super-diversity’, pointing to the necessity of considering multidimensional conditions and processes affecting immigrants (Vertovec, 2007), such as multiple immigration statuses, varying entitlements/restrictions/rights, labour market experiences, gender and age profiles, geographic distribution and mixed responses of service providers. This way of thinking can also be applied to debates surrounding other diversities, such as religious, language and national diversities that are (re)activated by the presence of immigrants. These various immigrant categories and their sub-categories represent different systems and

6

Introduction

levels of rights, opportunities, constraints and ‘access to full membership’. Existing theories and methods of studying migration and diversity are yet to take account of or be thoroughly applied to super-diversity. Vertovec (2007: 1024) defines ‘super-diversity’ as ‘a notion intended to underline a level and kind of complexity surpassing anything the country has previously experienced. Such a condition is distinguished by a dynamic interplay of variables among an increased number of new, small and scattered, multiple-origin, transnationally connected, socio-economically differentiated and legally stratified immigrants who have arrived over the last decade’. The premise of Vertovec’s theoretical framework is that we have to take into account both the ‘multiple immigrants demand’ and its multiple origins and conditions. This way of thinking needs still to be applied to debates surrounding other diversities, such as religious, language and national diversities that may be, as mentioned earlier, (re)activated by the presence of immigrants. Taking the Spanish context into account we can see that immigrant diversity does not come in an ex-novo context, but in an already dynamic diversity, that perhaps the concept of ‘super-diversity’ assumes. There is then a historical background of diversity to the very identity of Spain, which is basically multinational and religious, which plays a driving role in understanding current policy answers. Theoretically, then, in this book I argue that immigration is not so much a component of diversity, as is assumed in given debates, but a vehicle through which existing diversities are brought to the fore. This means that the arrival of immigrants, with their diversity of religions, languages and cultures, reactivate other unresolved identity-related debates in a given country. For Spain we have to go back to the democratic transition period, and see how new immigration-related challenges today reactivate old questions related to religion and national languages (Zapata, 2010a). The question of how to manage the conditions of diversity, to use Gagnon, Guibernau and Rocher’s (2003) expression, provokes, in this respect, a mirror effect regarding how Spain conceives of itself as a diverse society. Immigration is not, then, a specific type of diversity separated from other types of diversity (linguistic, religious, national), but rather a vehicle for the expression of ‘multiple diversities’, category-based, rather than group-based as the diversity-related immigration theory assumes (Zapata-Barrero, 2010b: 44–45). This also means that we are interested in the cultural and practical effects of living in an increasingly diverse context. Diversity causes a qualitative change in the relations between people and between people and institutions (such as education), at the society level in general and in the political arena in particular, and also between workers at their



Introduction7

working place. These three arenas will be the subject of an in-depth analysis. They are at the root of a complex process of change in accommodation, where all dimensions of the basic structure of Spanish society are affected. A country or a public organization that recognizes its dynamics of diversity, the traditional ones such as religion and national identity, but especially the new ones, related to cultural practices, religion, language and nationality, is implicitly expressing a political recognition to ‘multiple diversity’. Given this first theoretical framework, I would like to invite the reader to see the argument also from another angle. I shall demonstrate how the Spanish societal structure has difficulties in adapting to new dynamics of immigration-related diversity. Diversity is considered as a new paradigm since it involves policies, programmes and routines (Faist, 2009), and as such Spain shows the system of restrictions adjusting practices to old and new forms of diversity in order to ‘mainstream’ their structures and other routines, which were a matter of agreement during the democratic transition. In sum, the fact that diversity is often the subject of theoretical debates is illustrated by the multitude of academic publications on diversity in the area of political theory. However, this meeting between two frameworks of diversity, the old one related to religion and national identity, and the new ones related to diversity of religions, languages, cultures and nationalities, as exemplifies the case of Spain, has not been thoroughly analysed. It is this added dimension which illustrates the multiple diversity debate I would like to put forward. For example, some theorists focus on cultural diversity (Kymlicka, 1995; Jones, 1998; Parekh, 2000; Phillips, 2008), while others discard culture as a useful concept, because it might not be specific enough to describe the dynamics of diversity (Phillips, 2007). They believe markers such as race and religion (Thompson, 2008) or additional variables such as immigrant statuses, divergent labour market experiences, gender and age profiles, special distribution and mixed local area responses (Vertovec, 2007) might be more adequate. There are many theorists who believe there are multiple relevant forms of diversity (Verloo 2006; Yuval-Davis, 2006). Some of them doubt they should be treated in the same way, separating for example gender diversity versus ethnic diversity (Okin, 1998; Sinclair, 2000), while others believe all of these social-collective forms of diversity should be replaced by more neutral forms of diversity such as lifestyle, thinking types, professional experience, personality types and functional background (Wise and Tschirhart, 2000; Point and Singh 2003). The fact that diversity is the subject of policy debate as well is illustrated by the multitude of academic publications of diversity

8

Introduction

policies. Some authors focus on national or regional public policies, often linked to anti-discrimination or integration, distinguishing specific policy discourses or policy regimes with regard to diversity (Castles, 2002; Zapata-Barrero, 2009c). Other scholars focus on policies at the organizational level (whether public institutions or private organizations), distinguishing specific policy approaches with regard to diversity (Liff, 1997; Wrench, 2007). This conceptualization of multiple diversity will be at the forefront of the empirical analysis I will do at three basic policy areas: education, workplace and political rights, because it is here that the current immigration debate in Spain better exemplifies this multiple diversity dynamics. A decentralized education system, discrimination in the workplace and ethnicization of political rights are direct examples of how this multiple diversity framework has a heuristic value, which will be the main subject of the concluding chapter. At this point we enter the second and third step of my argumentation, after showing the framework of multiple diversity: namely, the practical approach followed by Spanish policy decisions, and, finally the purpose to offer at the end, and by inference of the three areas of analysis, a heuristic model, which helps us interpret the ‘Spanish laboratory of diversities’. In order to understand better this heuristic final purpose, let me first introduce the second step of my argumentation – the argument I will defend within this multiple diversity framework – the practical approach followed by Spain. I argue that the multiple diversity framework helps us to understand why Spain is following a practical approach. All these three policy areas (education, workplace and political rights) illustrate both concrete case studies of multiple diversity, but also its limits for institutional and structural innovation. I shall then justify why I introduce the idea of ‘limit’ here. The p ­ ractical approach argument plays both an explanatory function in my analysis, since it helps explain institutional and policy answers to ­diversity-related conflicts, and also an interpretative function, since it allows me to ­­interpret (to give meaning to) the limits of institutional innovation and structural change. The practical approach helps us, then, both to explain and interpret the limit for innovation and change in Spain. All three policy areas present both an example of multiple diversity and its limits for institutional and structural innovation. The main academic challenge we have is to connect the theoretical and empirical analysis of Spain. Each policy realm analyzed (education, workplace and political rights) defines diversity and studies diversity in its own specific way, but always showing a practical approach and how



Introduction9

this approach is at the origin of a system of restrictions limiting policy innovation and structural change. Spain has experienced a sharp increase in immigration over the last twenty years. This has also involved an increase in new patterns of ­­diversity within the pre-existing context of diversity with Spain as multinational State. There are several studies describing this new dynamic, but there has been no broad research focused on identifying a general ‘philosophy’ behind political reactions and policy practices in this multiple diversity framework. What is the Spanish approach to diversity related to immigration? This is perhaps the main question that most international and European scholars working on immigration and diversity pose when they refer to Spain. This question is the driving force behind this book. Within this conceptual framework of multiple diversity, I shall argue that the main answer is that Spain is following ‘a practical approach’. Bearing in mind the crucial importance of context in the European diversity debate, the main argument of this book is that this practical approach works as a restraint to political innovation and institutional framing, since most of the arguments behind this approach come from unresolved problems related to identity-diversity arising from the relatively recent democratic transition period. If we define ‘philosophy of immigration’ as a set of explicit and coherently developed policies for managing the accommodation of diversity related to immigration, then Spain’s philosophy is undoubtedly a practical one. I shall now define the argument that will serve as guiding thread in the analysis of each policy area. By ‘practical philosophy’, I basically mean both that Spain works by induction, taking policy instruments and developing their legal and regulatory frameworks while respecting its already politically and administratively decentralized structure, and that the Spanish way of accommodating diversity is not based on established and preconceived ideas which project its own vision of society, such as French republicanism or British multiculturalism, but instead on questions and answers that arise in the day-to-day governance of immigration, as will be seen in the education, workplace and political participation policy fields. This pragmatism provides a strategic direction for political action. As we are in an interpretative framework of analysis rather than an explanatory one, we will also consider for all three areas examined that one common factor explaining this pragmatism is the historical and structural background, coming basically from the democratic transition and the way Spain has left aside unresolved questions related to its own diversity arising from identity (multinationality and religion). But it is

10

Introduction

also worth stressing an important advantage of this practical philosophy: it is guided by anticipation, in contrast to the experiences of other European countries. Spain is benefiting from this ‘time advantage’ based on pragmatic criteria, as it has already seen the potential social problems of the future by looking at other European States. It is on this basis that Spain is building its own philosophy. This is why I will also argue that the Spanish practical philosophy is neither universalistic nor enclosed by rigid theoretical principles, but is instead a philosophy constructed using practical questions generated by context and by immediate question/ policy answers logic of action. The first set of case studies focuses on the measures and practices adopted when dealing with diversity in secondary education. At this point I shall show that the practical approach drives most of the policy decisions in an educational decentralized system that is itself controversial and shows the multiplicity of diversity that is at stake (i.e. language, religion, culture etc.). The second set of case studies assesses the implementation of the European Union (EU) 2000 anti-discrimination directive in the workplace, which has been, as we shall argue, one of the main criticisms of the Spanish policy in the workplace, and demonstrates how the practical approach governing Spanish philosophy avoids introducing innovation and new patterns of behaviour in one prominent sector, which contributes to the growth of irregular migration with its informal market. Finally, the third set of case studies considers voting rights and overall issues of political participation and representation of immigrant communities in Spain. Here again the practical approach will operate negatively, avoiding solution of a set of incoherencies and ethnic preferences due to a ‘Constitutional wall’ that also impedes innovation. We have, then, better tools to understand the premise that will guide the analysis of the three policy areas: Spanish accommodation of immigration-related diversity is basically a problem- and conflict-driven policy, rather than a theory-driven policy. In order to link better the theoretical framework (multiple diversity) and the empirical argument (the practical approach) of this book, I shall propose at the end (chapter 6), and as a third step of my whole argumentation, a heuristic model of the Spanish philosophy of diversity management. Here I will also show that the problem arises when this pragmatism acts as a restraint for proactive policies and institutional innovation, since it is based on an identity, a history and a structure that restrict political innovation and institutional change. To bridge properly empirical analysis and this theoretical assessment, it is meaningful to provide a brief overview of when the politicization of immigration in Spain began and how the gov-



Introduction11

ernance of immigration come onto the political and social agenda, and argue how this origin also lies behind this practical approach. Notes 1 See, for instance, Zapata-Barrero and Triandafyllidou (Eds., 2012), Triandafyllidou (2010), Vertovec and Wessendorf (2010). 2 ‘By a societal culture, I mean a territorially-concentrated culture, centred on a shared language which is used in a wide range of societal institutions, in both public and private life (schools, media, law, economy, government, etc.). I call it societal culture to emphasize that it involves a common language and social institutions, rather than common religious beliefs, family customs, or personal lifestyles’ (Kymlicka, 2001: 25). 3 See, among others, Joppke (2004), Turner (2006), Modood, Triandafyllidou and Zapata-Barrero (2006), Modood (2008) and Vertovec and Wessendorf (2010).

1

The governance of immigration in Spain: an overview of main topics

The political parties started to include immigration in their electoral campaigns in 2000 (Zapata-Barrero, 2003a, b) and immigration became institutionalized after several legislative changes. The year 2000 also saw the first debates on social integration among immigrants, after riots against Moroccan immigrant workers took place in El Ejido, a centre of fruit and vegetable production in south-eastern Spain (Zapata-Barrero, 2003a). Other incidents of social unrest (including immigrant strikes to obtain papers and civil, cultural, social and economic rights), racism and ethnic prejudice also triggered public and political debate on the social integration of immigrants. Although immigration in Spain began to increase during the 1990s, it was only after 2000 that it began to assume major proportions. This unprecedented growth in immigration was once again related to economic and welfare benefits in Spain and, in particular, to an exacerbation of the imbalance between the supply of and demand for labour. Between 2001 and 2005, the growth of the Spanish economy led to an increase of 690,000 new jobs per year (in comparison with a total of 670,000 between 1995 and 2001), while its capacity to meet this demand fell compared the previous period because of the drop in unemployment (7.1 per cent in 2005), an increase in the employment rate (with a female employment rate of 58.1 per cent in 2005) and the demographic shock resulting from the decline in the birth rate after 1976 (Oliver Alonso, 2005: 32). In the aftermath of 11 September 2001, immigration became increasingly linked to security, leading to tighter border controls, action against irregular immigration flows and restrictions in immigration laws. The fluctuations in Spanish immigration law over the last six years show that a political discourse on immigration is still under construction (ZapataBarrero, 2009a). In overall terms, the development of immigration policy has to a large extent been mainly a matter of controlling immigration flows (prevention), with a lack of effective policies for the social integration of immigrants. The pressure of undocumented immigration



The governance of immigration in Spain13

on the outer borders of Europe has dominated the social and political debate. There is an increasing awareness that these irregular immigration flows are not merely a Spanish but also a European problem, and Spain is urging the EU to take responsibility for its borders (ZapataBarrero and Witte, 2007). In spite of this ‘border control’ crisis, there are also conflicts of immigration-related diversity. Spain has a diverse immigrant popula­ tion, with the largest groups coming from Latin American countries (29.24 per cent), African countries (15.97 per cent), the EU (41.67 per cent) and non-EU European countries (3.83 per cent). Conflicts of migration-related diversity have mainly been caused by the cultural and religious demands of those immigrants that are most ‘visible’ within Spanish society: Muslims. Indeed, in spite of not being institutionalized as such, there is an informal acceptance by the public authorities and society in general that there are two categories of immigrants, ‘visible’ and ‘invisible’, with the former related to potential conflict. The three dimensions by which visibility becomes explicit are skin colour, language and religion. It is within this socially constructed group of immigrants that various diversities – religion, language and skin colour – are simultaneously embodied. Estimates suggest that there are up to 1 million Muslims in Spain.1 The majority come from Morocco, one of the largest immigrant groups, accounting for 1.58 per cent of the total population and 13.6 per cent of the immigrant population.2 The change in government in March 2004 had an impact on the focus of policy. Before 2004, when the right-wing Partido Popular (PP) was in government, the immigration policy focused on security, and attempted to control migration flows by tightening the Aliens Law, with policies that concentrated on restrictions and on ‘building barriers’. This restrictive immigration policy boosted the black economy and had negative results in terms of irregular immigration. However, there have been some changes since the election of the Partido Socialista Obrero Español (PSOE; Socialist Party), the most important being that the focus has shifted from security towards a policy that links immigration to the labour market. That means that the policies are now directed at the ability of the Spanish labour market to absorb immigration. This is what led to the most recent regularization process in 2005, called the ‘normalization process’, which aimed to ‘normalize’ the life of irregular immigrants already working in Spain’s informal economy. Moreover, even though the number of immigrants has increased in the last ten years, immigration is still mainly perceived in terms of economic need and the politicians’ priority is border control. To a certain extent, this explains why the immigrant is currently considered in Spain as

14

Diversity management in Spain

homo economicus, a conceptualization that makes it difficult to engage in a more in-depth debate or profound vision, in which immigrants are not only integrated in the labour market but also in other areas, such as society and politics. Immigration policy in Spain has therefore undergone many different structural and legal changes since 1985, with the strategy of immigration management defined on a step-by-step basis, as a reaction to the practical questions that emerged. However, as we will conclude in this book, this strategy is still under construction. Some of the features of the institutional structure, like the Spanish Constitution, discriminate against immigrants in different ways. These elements hinder the management of the new challenges posed by the new context and dynamics, such as the arrival and permanence of immigrants, proving the need to redefine the cornerstones of a new social and political contract (ZapataBarrero, 2010a). As we shall examine how this practical philosophy works in three key areas (education, the workplace and political rights), we must first begin by briefly considering seven areas framing and justifying empirically the context of the theoretical framework of multiple diversities, namely: (a) the distribution of powers within the decentralized structure of the Spanish State; (b) welfare policies; (c) immigrant ­­associations; (d) citizenship policy focus; (e) Muslim immigrant communities; (f) gender policies related to immigration; and (g) identity. This overview of what we call ‘the governance of immigration in Spain’ will allow us to introduce this practical approach before going into the broad examination of the three key areas of Spanish policy: education, workplace and political rights. The distribution of powers within the decentralized structure of the Spanish State The subject of the distribution of powers is a very deep-rooted issue in Spain, and is always present in political and social debates. It is linked to the way the process of political and administrative decentralization was agreed upon during the transition to democracy, with no time limit and with no minimum and maximum powers established for any of the parties involved. It has therefore been an ongoing process since the Constitution of 1978. The subject of immigration falls within this framework, as an area that has not been defined in terms of powers, and which therefore has also not been defined in terms of the administrative distribution of tasks and functions (the ‘who does what’ in terms of immigration involving



The governance of immigration in Spain15

­­ different government bodies). It is a fact that powers in immigration were not discussed during the transition to democracy, and are not included in the Spanish Constitution of 1978. This lack of an administrative reference on how powers on immigration are distributed in administrative and territorial terms is no hindrance to the orientation of practices that are increasingly well defined and recognized. It is in this area that the argument that Spain is pursuing a practical philosophy is most apparent. Indeed, government action and institutional practice itself means that while the management of borders, and everything related to flows, is the exclusive responsibility of the central Government, issues related to integration have fallen to the autonomous communities’ governments, and especially to local governments, which are responsible for practically all reception and integration issues. In this respect, the Government has sought to support initiatives for the integration of immigrants by distributing the budget for the integration and reception of immigrants between town councils and autonomous regional governments. This financial distribution has been undertaken through the bodies managing immigration policies in each autonomous region, with accredited demographic and objective criteria. The Government has in turn started to divert responsibilities for the internal management of immigration towards the autonomous communities, as required and recognized in the Statutes of these communities. For example, the responsibility for reception and integration of immigrants is recognized in Catalonia, as is management of work permits.3 The biggest problem is that the present distribution of powers prevents the autonomous communities from developing comprehensive public policies on immigration, although conflicting powers in this area have to date been limited (Miret, 2009). The current regime of autonomous communities, which enables towns to register their inhabitants without taking into account the criteria of the State, is also an unusual feature of Spain. This enables immigrants in an irregular situation to register. Once again, this practical philosophy is apparent. Considering strategic objectives  –  basically cohesion and stability  –  the preference is to make the problem visible (by registering individuals in an irregular situation) instead of keeping it invisible and unprotected from a legal point of view. In these circumstances, the practical philosophy of the State is also interesting, as it is aware of the situation but does not seek conflict with the councils. There is a tacit understanding and indirect consent for the councils’ action. This practical philosophy ensures the governability of immigration in Spain. This situation leads to a number of challenges for the improvement

16

Diversity management in Spain

of governability, such as establishing well-known mechanisms for coordination right from the beginning between the State, autonomous communities and local government bodies in terms of public policies on immigration, and between the autonomous communities. Considering the division of powers that is being established in practice, the participation of the autonomous communities and local government should be increased by establishing State policies for immigration, including controlling flows and setting quotas. However, there is also a lack of a more explicit recognition of what is a fact on the ground: leadership in the management of migratory policies falls to town councils. In short, the most appropriate measure would be a National Agreement on Aliens and Immigration, in which – as well as many other issues – areas of competence would be precisely defined, the mechanisms for coordination between various Government bodies would be specified, and the financing mechanisms determined for facing the challenge that immigration presents to Spanish society today. This Agreement must be based on political consensus, institutional coordination and social harmony. This point should perhaps also include the creation of an Immigration Agency, the main role of which would be to ensure compliance and guarantee the implementation of the contents of the Agreement. Welfare policies The Spanish welfare state is very young compared with those in other European countries. Historically, it has two important distinguishing features. First, it was set up after the crisis of the welfare states during the 1970s, without the presence of immigrants, unlike France and Germany, where immigrants contributed to the rebuilding of society after the Second World War. This may help in explaining some of its weaknesses. In addition, there is another issue that is already intrinsic to the other European welfare states, which is how welfare, identity, diversity and opportunity have become gradually linked. This link is central to understanding the logic behind Spanish governance. The biggest problem is the social exclusion of immigrants and second-generation immigrants who will join the labour market over the next decade. Yet again, the debate on this issue will contribute to constituting the practical philosophy that guides policy for governing diversity in the area of welfare. According to F. J. Moreno (2009), the arrival of immigrants allows us to identify the weaknesses of our welfare system in order to guarantee its future sustainability. In Spain, there is a very specific link between welfare and integration (see also Moreno and Bruquetas, 2011). In this



The governance of immigration in Spain17

framework, there are two basic instruments. First, there are social security programmes providing protection against risks such as invalidity, unemployment or retirement, for immigrants who have worked in the formal economy. Secondly, there are universal programmes of education and health and, to some extent, the social services provide a basic safety net that ensures a range of elementary social rights and acts as a redistribution mechanism, which in turn guarantees life opportunities and the development of immigrants’ potential. It is also worth mentioning the transformation that the traditional Spanish family has undergone due to changes in society, such as the increasing participation of women in the workforce, the changes in family structures (relationship between children and parents, more single parents emancipation of children etc), and the reduction in the expectations of intergenerational care, and so on. These changes represent opportunities for the development of niches in the labour market in the area of social mobility for immigrant workers (Moreno, 2009). In this framework, Spain should pave the way in the issue of social mobility. From this perspective, an important part of the effort made to design viable models of incorporation will come from the need to ensure the possibility of vertical social mobility for the descendants of immigrants, as well as the application of effective anti-discrimination policies, so that equal opportunities are guaranteed (Moreno, 2009). Welfare should therefore be linked to the promotion of equal treatment and nondiscrimination of people due to racial or ethnic origin, in a way that no other European country has been so willing to stress. The achievement of these objectives will be of great importance in paving the way for the children of the first immigrants, who have grown up, been educated and studied in a bicultural context in Spanish society, and the problems they will encounter. The practical philosophy that guides policy for the governance of diversity in Spain develops tools for anticipating events such as those that occurred in November 2005 in France, where citizens of immigrant origin rebelled against the State that excludes them, despite having been educated in the republican values of equal opportunities. The French experience is a clear warning to the weak Spanish welfare state. These ‘Spanish of immigrant origin’ will have the same personal and employment expectations as their native counterparts, and will not be as willing to accept the jobs or the working conditions their parents once did – jobs that once represented a significant qualitative improvement compared with the countries of origin. Likewise, the fight against the social exclusion of immigrants, with fewer resources for combating social inequalities, is related to the

18

Diversity management in Spain

­ recarious immigrant labour market. The social protection policies field p is therefore most in need of development (Moreno, 2009). The lines of action for diversity originating from immigration should be adjusted in two basic ways: guaranteeing equality (access to benefits and services) and advancing towards equity (the achievement of equal results even if this means differential treatment). One of the practical dimensions embodying this debate is deciding how to respond to the specific demands of ethnic diversity: through general services or by establishing a specialized parallel system. The debate on the advantages and disadvantages of both models is ongoing, although the Spanish practical philosophy tends to advocate a logic which generalizes and standardizes. Immigrant associations Immigrant associations are one of the most deep-rooted indicators in our recent democratic history. In Spain, there are very close links between immigrant associations and social movements. It is assumed that one of the functions of immigrant associations is to exercise social criticism and pressure, with a view to effecting social change. This is no coincidence, and is part of the history of Spain, where the right of association was semi-criminalized, and associations and mobilization against Franco’s dictatorial regime were implicitly linked. This deep-rooted phenomenon in Spanish tradition is being reproduced once again among the immigrant associations, as they find themselves in a political situation that denies them certain rights and makes it difficult for them to express their religions and cultural practices. This situation partially explains why immigrant associations are a tool for social and political demands, a means of channelling immigrants’ demands and passing them on to the public political system. With their links to government bodies, immigrant associations are nonetheless assuming another role, not so much in terms of making demands, but at the level of implementation of policies aimed at immigrants. In this area, immigrant associations are making the transition from being a movement to becoming non-governmental organizations (NGOs). In Spain, this dual role of immigrant associations, as an altruistic social movement providing welfare, is a reality. It is partly fostered by their relationship with governments in general, and local governments in particular, in which the associations become ‘allies’ of local politics in the design, and especially in the implementation, of policies. This leads to a dilemma which each town council resolves in a different way. This dilemma is that there is no State-wide response, or any political guidelines for local government, to design a specific way



The governance of immigration in Spain19

of relating to these immigrant associations: the dilemma is between promotion and generalization. Whether to include immigrant associations within the network of citizens’ associations as a whole, with no ­­distinction or specific treatment, is one of the central focuses for debate regarding the governance policy of associationism among immigrants in Spain (Zapata-Barrero, 2004: 147–159). Once again, the focus of this debate highlights a practical philosophy. On this point, local integration policies that promote the development and consolidation of associations among immigrants contribute to ensuring that they are included in the city’s effective and active demos (Morales, González and Jorba, 2009). However, the issue involves determining which policies promoting immigrant associations are the most effective. In this case, the dilemma arises between policies that identify immigrants’ associations as a separate group, and therefore promote the formation and consolidation of associations by and among immigrants; and the more general policies for promoting associations, which do not provide more facilities for immigrants in particular to form associations. The former tends to facilitate the creation of a separate network of associations among immigrants, which can in some cases become ‘segregated’ from the associations of the general population. The aim of the latter is for immigrants not to form their own associations based around their own cultural identities, but rather for them to join existing citizens’ associations. Immigrant associations are a means of transfer, and agents for the reception and implementation of public policies aiming to enable immigrants and their descendants to integrate, as they perform some essential tasks for recognition and redistribution between the groups present in the city (Morales, González and Jorba, 2009). Associations enable demands to be aggregated, and to be defended from platforms with greater symbolic power, as well as the participation of their members to be channelled and promoted. Furthermore, associations are institutions of first contact, and provide psychological–emotional support in the migratory process, clearly complementing the work of the institutions of the host society. Finally, they enable collective self-expression, and the maintenance of identity is something that is valuable to the individuals who sustain it. Citizenship policy While most European countries are making use of the rhetoric of the citizen to implement a restrictive policy that forces immigrants to pass a civic test in order to obtain rights to residency and/or citizenship

20

Diversity management in Spain

(e.g. Netherlands, Denmark and Germany; see Zapata-Barrero, 2009c), the use made of the category of citizenship in Spain is contrary to any regime establishing obligations or examinations which even Spanish citizens do not have to pass. The category of citizenship has a conservative connotation and a reactive sense in practically all European countries, but in Spain it has a progressive connotation and a proactive sense. Here, Spain is radically distancing itself from the general European tendency. This might be explained by the fact that Spain, as a relatively new country in terms of the immigration tradition, has not tired of the effects of immigration on society or is aware of these other policies and wants to intentionally disassociate itself from this conservative logic. The former would be likely if it were also true of other countries that have recently become part of the immigration tradition, as is the case of Italy and Greece. However, the reality is that these two southern countries are choosing to adopt a reactive approach to the category of citizenship. There is undoubtedly a third factor: the secondary effects that the introduction of citizenship tests would have on highlighting the plurality of identities within Spain. In this case, perhaps the progressive option is better than the conservative one. While the debate on immigration is hardly ever contextualized in terms of identity in Spain, the language of identity is intrinsic to the political debate in its historical autonomous communities, and impregnates their political philosophies (Gil, 2009). In this latter case, the use made of citizenship is a mixture of both the conservative and proactive logics. Perhaps it is the management of this balance that shapes the distinctive Catalan philosophy in these issues. In this contextual framework, citizenship in Spain has become a category with a specific political focus and a means of formulating immigration plans and programmes at all levels of the administration, ranging from the Spanish Government’s Strategic Plan for Citizenship and Integration of 2007–10 to the Catalan autonomous government’s Citizenship and Immigration Plan of 2004–08, as well as the citizenship plans that exist in many local administrations. This approach to citizenship is unique to Spain. It is an approach that incorporates the principles of equality and inclusion and explicitly includes the aim of treating immigrants as citizens in its integration policies. This approach provides a framework for making demands for legislative change, and especially constitutional change that hinders effective equal rights for all citizens (de Lucas, 2009). There is also a republican component to this approach in that it advocates the practice of citizenship by immigrants and the criteria for residence through registration mechanisms, which are also unique to Spain.



The governance of immigration in Spain21

In this regard, the use made of citizenship in Spain is very much linked to the urban concept of citizenship, with citizens as inhabitants of the city. All inhabitants are therefore worthy of all the rights bestowed by the municipality without any legal distinction between citizens and immigrants. One of de Lucas’s (2009) conclusive arguments is that the census should be treated in a positive sense, as a list of residents, rather than in a negative sense as an instrument of police control. This practical approach is also used as a guide for proactive discourses, both for appointing policies that manage immigrants as full citizens (the inclusion rhetoric), and for contextualizing policies that are centred on managing the interaction between immigrants and citizens (the accommodation rhetoric) (Zapata-Barrero, 2009a: 102–114). If we adopt the citizenship rhetoric discourse, all mention of immigrants as ‘new citizens’ should be criticized, as this concept conceals all the inequalities that immigrants suffer compared with citizens. Muslim immigrant communities Policies for governing issues related to Muslims are directly linked to the way Spain manages religious pluralism. In addition, the Muslim presence belongs to the Spanish tradition, considering the historical background of eight centuries of Muslim presence in Spain. However, as we know, there were later constructions of Spanish identity based on Hispanidad or ‘Spanishness’ in order to wipe out this Muslim legacy (Zapata-Barrero, 2006). As in any European State, the main issues concerning Muslim communities are related to religious infrastructures and education (Zapata-Barrero and Qasem, 2008; Triandafyllidou, 2010). The greatest problem has not only been the limited implementation of the 1992 Agreement, a very open and liberal regulation of the relationship between the Muslim community (and other religions) and the State, but also the difficulty the Government has had in finding representatives with which to negotiate. In this respect, the process of incorporating Islam in the system of cooperation between State and Church calls into question the ability of the Islamic Commission and the federations of associations to represent the growing Muslim community and to undertake the tasks involved in implementing the 1992 Agreement, as well as the capacity and willingness of local administrations to do so (Alvarez-Miranda, 2009). The stumbling blocks in the implementation of the Agreement, such as conflicts over the construction of mosques, complaints about the lack of teachers of Islam or the few cases of Muslim girls being expelled from schools for wearing traditional clothes, create public debates in Spain

22

Diversity management in Spain

that have long existed in other European countries. Alvarez-Miranda (2009) points out that comparisons with Britain, Germany and France show that, although all States guarantee freedom of worship and allow plural religious teaching, the institutional adjustments and the levels of support given to the collective practice and teaching of Islam vary. The Spanish design bears the strongest resemblance to the German model, which is more liberal than the other two. In addition, Spain cannot escape from the management problems posed by the link between security, Islam and terrorism at a global level, nor the need to reposition its relation with the Catholic Church in order to ensure a secular State, which is considered to be one of the likely responses to Muslim demands. The issue of the space and support that should therefore be given to Islamic worship and teaching poses wider questions in relation to the effects that religious recognition may have on the integration of immigrants. Spain has yet to resolve the dilemmas created by the demands of people of the Islamic faith (Zapata-Barrero and Witte, 2010). In this regard, Spanish policies need to take steps in the practical field rather than in the theoretical field of the 1992 Agreement, which has barely been implemented. There are still many questions regarding the accommodation of the Muslim community that are yet to be resolved following this practical approach. If broad-based recognition of religious difference is achieved, will there be a tendency towards multicultural coexistence, isolating communities and prolonging inequalities in time? If this recognition is denied, will there be a reaction of dissatisfaction and poorly channelled demands based on issues of Muslim identity? Which of these two cases fosters coexistence between religious communities and the numerous Europeans and immigrants from Muslim countries who do not practise any religion? Gender policies and immigration There is some academic tradition regarding how Spain reacts in the face of structural inequalities related to gender. The greatest challenge is how Spain incorporates women immigrants as the subjects of gender and equality policies. As Parella (2009) theorizes so well, what is new is the way in which two dynamics of inequality are united: being a woman and an immigrant. This link generates practical situations of multiple discrimination that are unresolved by Spanish policy. Perhaps we are in the process of identifying the problem; however, there are few measures ensuring equality for women in irregular situations and/or who work in



The governance of immigration in Spain23

the informal domestic service sector, care work and other work sectors dominated by immigrants. Another issue that contributes to the problem of the management of immigrant gender is the fact that we are dealing with an interpretative framework that tends to follow a ‘family based’ welfare system which guarantees the management of care work on the basis of a process of subordination of immigrant women (Parella, 2009). Simultaneously, the legislative measures aimed at promoting gender equality or facilitating the management of care work consider women as a theoretical homogeneous category. However, this homogeneity does not exist, and the measures for governing gender only address the needs and interests of certain groups of women (Parella, 2009). This situation guarantees the availability of cheap female workers for families to manage care work, a responsibility that is no longer entirely assumed by women working in an unpaid capacity and is not attributed to the social system as a whole. What are in Spain, and following its practical approach, the main normative challenges for overcoming gender inequalities considering the multiple connections and intersections with different types of discrimination, on a structural scale and in the processes of elaborating policies? Parella (2009) proposes a number of arguments that could orient policies for governance in this area. First, current immigration regulations hinder the integration of immigrant women in the labour market outside the ‘domestic service’ sector. In this respect, the procedure for validating and accrediting academic and professional qualifications should be revised, as well as the criteria for obtaining permission to work for people reunited with their families. Secondly, continuing on from the changes necessary for ensuring governance, legal changes to ensure dignified and non-discriminatory working conditions for domestic work as compared with other sectors of the labour market are needed. To that end, the withdrawal of the Special Regime for Domestic Employees and its subsequent upgrading to the General Regime should be a priority. Identity Perhaps the manner in which Spain has managed the different forms of belonging and the different ways of answering the question ‘Who am I?’ in terms of national identity forms part of its history. Spain’s history has been unable to resolve the issue of multiple national identities and to encourage mutual recognition. As well as this complexity, we must add the issue of the identities that immigrants bring with them. Each territorially defined national identity (such as Catalonia, Galicia and the Basque Country) may be affected by the way the Spanish State

24

Diversity management in Spain

manages issues related to the identities of immigrants. Situations arise that have therefore not yet been diagnosed in depth in Spain. ZapataBarrero (2008b, 2009b) has begun this research programme, taking the Catalan perspective and the multinational Spanish State into account. However, at State level an ethnicization of the nationality code exists in issues of identity. As we will see in detail examining the political rights field (chapter 5), some nationalities have priority over others when it comes to the right to vote (fewer years of residence in Spain required for applying), including Latin Americans, Filipinos and nationals of the exSpanish colonies in general, while other nationalities are excluded, such as the Moroccan community, one of the largest in Spain. As mentioned in our assessment of the approach to citizenship, a debate on identity does not exist in Spain, despite this structural reality. This is in part due to the Spanish practical philosophy. Perhaps this is one of the most visible differences compared with the debates on identity in other European countries. If we examine parliamentary speeches as direct sources of argument, they contain hardly any references to identity (Zapata-Barrero, 2010: 119). In accordance with this diagnosis, Gil states that the lack of debate makes it difficult to talk about a Spanish philosophy of diversity management. Perhaps this is because the issue of national identity has not yet been resolved in Spain. The issue of what being a Spanish citizen means does not have one single interpretation. The question of national belonging in Spain is an unresolved issue. In this respect, the focus on the ethnic affinities that permeate Spanish migration and nationality policies is very interesting. We can therefore assume that the Spanish approach to the management of identity is still very much linked to its colonial past. Gil (2009) interprets this situation in terms of power relations, which are explicit in the superiority that the term Hispanidad evokes in its peninsular setting. For example, the granting of Spanish nationality to the children and grandchildren of Spaniards born outside Spain and the facilities given to those considered most similar (and most easily assimilated), as well as the exclusion of many who inhabit Spanish territory, reinforce this idea of ethnic superiority, and clearly show the links between citizenship policies and the myths about the foundation of the country. Nonetheless, if we move from the State framework to the national non-state framework, such as in Catalonia, the identity debate, which already forms part of the national tradition, is shaping issues related to immigrants. We can identify different questions to those posed by the State, especially in terms of competences in the management of immigration, but also in terms of identity (Zapata-Barrero, 2010a). In addition, the responses to questions shared by the State are different, such as the



The governance of immigration in Spain25

rejection of Spanish as the only valid language for permitting the entry of Latin American immigrants. Immigration policy is slowly becoming a language policy, especially with regard to the issue of the Catalan language, and a policy that reconceptualizes the current notion of national community (Zapata-Barrero, 2010a). In the face of this national non-state scenario, Gil (2009) offers us a critical analysis, in so far as these issues may also conceal differences in immigrants’ socio-economic conditions. Consequently, she argues that the prevailing dominant assumptions understand the main differences permeating Catalan society as being linguistic and issues related to origin, while leaving references to the transversal categories of social class and cultural capital to one side. The 1980s’ slogan ‘become integrated and therefore become Catalan’ appears to have given way to the reverse: ‘become Catalan and therefore become integrated’. It is perfectly possible for an immigrant in Catalonia to say ‘parlo català però encara no em sento integrat’ (Zapata-Barrero, 2010a) (‘I speak Catalan but I do not feel integrated yet’). This concept of cultural linguistics as the principal distinguishing feature based on which other inequalities are silenced or subsumed, explains why Spanish-speaking Latin American immigrants have been identified as a possible threat to the extension of the nationalist project. A practical philosophy on these issues is still being constructed. This philosophy will undoubtedly bring Catalonia face to face with the Spanish State to debate how they coincide and diverge in the ways that they question and respond to the issue of identity that the arrival of immigrants inevitably provokes. To conclude this Introduction, given the current public debates on diversity and immigration in both theory and practice, contributions to international debates need to take into account the main current policy responses. Few publications have focused on the practice and policy of diversity related to immigration in Spain from an interdisciplinary and multidimensional perspective. This book aims to fill that gap and to look at the current practices and normative challenges in Spain that can contribute to an ongoing international debate on diversity and immigration. Moreover, this book goes beyond the conventional approaches to the topic, by examining not only the social conditions and political questions surrounding Spanish diversity, but also the recent emergence of an interest in ascertaining the key topics, giving a comprehensive view on how Spain is orienting its diversity management following a practical approach. At the end, the reader will find an updated overview that is empirically informed and theoretically founded. Most publications dealing with Spain involve approaches concerned with specific issues

26

Diversity management in Spain

or specific immigrant nationalities, but none provides an informed, systematic and broad overview, relating current institutional practices and normative challenges on how Spain is managing diversity.4 From a methodological point of view, each policy case study focuses on the last ten years (from 2000 to 2010). The data and information collected include policy documents, media coverage, academic studies, statistical data, qualitative interviews with key informants and, wherever possible, focus groups with civil society actors and policymakers. From a theoretical point of view, this book combines applied political theory and public policy, and uses a contextual approach (Carens, 2000; Modood, Triandafyllidou and Zapata-Barrero, 2006). I have organized the main findings in six chapters. In the next chapter (‘Policy discourses in Spain in a growing multiple diversity process’), I examine how migration-related diversity in Spain creates new challenges related to religion and tradition by exploring two recent conflicts: the mosque debate and the effects of the Danish Cartoon Affair on the traditional moros and cristianos festivals. Chapter 3 (‘Multiple diversity in a decentralized education system’) discusses the diversity aspect in education. This chapter is divided into two main parts, with the first section addressing the context of educational challenges related to immigration, and the second dedicated to policy approaches to the management of immigration-related diversity in education. Chapter 4 (‘Multiple diversity in the labour market and in the workplace: combating discrimination against immigrant workers’) talks about policies and practices to combat discrimination in the labour market, with special reference to the transposition and implementation of the EU anti-discrimination directives. An introduction to the main characteristics of immigrant workers in the Spanish labour market will be made, some data on discrimination of immigrant workers will be presented, and the main legislation on anti-discrimination will be analysed. Chapter 5 (‘Multiple diversity in the political arena: the limits of political rights of immigrants’) turns to the question of political participation and representation of immigrants. In this chapter, I describe the public debate on voting rights, the legal framework and the various debates about the possibilities for granting immigrants voting rights. I also analyse Spain’s main institutional consultative body, the Foro para la Integración de los Inmigrantes (Forum for the Integration of Immigrants; FII), and the main characteristics of the management of immigrant associations by the City Councils of Madrid and Barcelona. Finally, chapter 6 (‘Concluding remarks: heuristic of the Spanish philosophy of diversity management’) draws empirical and theoretical



The governance of immigration in Spain27

conclusions from the three areas analysed, and presents the framework for management of diversity in Spain, focusing particularly on the historical and structural context (based on the multinational and legal frameworks). Finally, it summarizes all the main findings under the heading ‘old questions and new challenges for diversity management’. This chapter concludes that Spain is a laboratory for diversities, with a ‘practical philosophy’ of diversity management within a complex identitarian, historical and structural context that limits policy innovation and institutional change. Notes 1 There is little comprehensive statistical information on the Muslim ­­community in Spain. The Observatorio Andalusí (2010) estimates the Muslim population in Spain at 1,446,939 (including both Spanish and foreign Muslims). 2 INE (2009). 3 See the powers for immigration of the Statute of Autonomy of Catalonia, Art. 138 and the Statute of Autonomy for Andalucia, Art. 62. 4 See Morén-Alegret (2002), Mendoza (2003), Keliner-Liebau, (2009) and Irastorza (2010).

2

Policy discourses in Spain in a growing multiple diversity process

Introduction: overview of the different diversity challenges The rapid increase in the foreign population since 2000 has led to a growing awareness that immigration is a structural phenomenon and Spain is a diverse society. It was already diverse, because of the different nations residing together in the Spanish multinational State (see for example Requejo, 2005) and the presence of the gypsy minority (see for example Garreta Bochaca, 2003). Immigration adds a new dimension to this already complex diversity scenario. In this chapter I will examine how migration-related diversity in Spain creates new challenges, by looking at two recent conflicts: the mosque debate and the effects of the Danish Cartoon Affair on the traditional festivals moros and cristianos. While the first case study aims to deconstruct discourses justifying resistance to the visibility of Muslims in the public space, the second case study analyses the controversial depiction of Moors within the traditional ‘Moors and Christians’ festivals. But before going into these case studies, the next section will give an overview of different challenges of migration-related diversity witnessed recently, and contextualize the challenge of Muslim immigrants within the framework of the Spanish secular State. The chapter concludes with some remarks comparing the two case studies and summarizing the foundations of Muslim challenges and conflict in Spain. Contextualizing immigration-related diversity in Spain Main conflicts and challenges The first social conflict related to immigration took place in 2000, when riots against Moroccan immigrant workers took place in El Ejido, a market-gardening town (ciudad-cortijo) in south-eastern Spain. The murder of a young Spanish woman by a (mentally ill) Moroccan immigrant triggered a social explosion in the town that lasted for more than



Policy discourses in Spain29

three days. When the news spread, riots began, starting with street demonstrations and the burning of Moroccan-related images. The situation soon became a real ‘Moor hunt’, generating a wave of violence against any physical or material embodiment of the presence of Moroccans (see Zapata-Barrero, 2003b). Some Moroccan workers decided to take strike action against the racist attacks and demanded improvements in their living and working conditions. Finally, Asociación de Trabajadores e Inmigrantes Marroquíes en España (ATIME) became involved, and proposed a meeting with the main social actors involved in order to end the strikes. After reaching an agreement on labour conditions (but not on regularization), the immigrants went back to work (Zapata-Barrero, 2003b: 523–531). A similar conflict was witnessed four years later in Elche, a town in the coastal province of Alicante with a long-standing tradition of shoemaking, where Spanish workers set fire to two Chinese shoe warehouses in an (unauthorized) demonstration by around five hundred people against a Chinese shoe manufacturer. The demonstrators were protesting against the presence of Asian businesses, because Spaniards felt their age-old social customs, employment regulations and labour relations were being threatened by the new competitors, which led to racism (see Cachón, 2005). Both El Ejido (2000) and Elche (2004) reflect the racist sentiments in Spanish society and highlight the precarious working and living conditions of immigrants. An upsurge in hostility against Muslims has been reported in Spanish society since the 11 September 2001 terrorist attacks in the United States and the 11 March 2004 bombings in Madrid (see the European Monitoring Centre on Racism and Xenophobia, 2001; International Helsinki Federation for Human Rights, 2005: 120–121) and social conflicts have focused on the Muslim immigrant community. As well as fears of terrorism, social integration by Muslims is perceived to be difficult, because of claims for a religious infrastructure that is unfamiliar to Spaniards. Using data from the yearbooks of SOS Racisme and a newspaper analysis1, table 2.1 presents a list of conflicts and challenges of diversity (limited to migration-related diversity) in Spain in 2006–07. The list could be much longer, but this is only a selection of the events that had effects beyond the immediate vicinity, in terms of either the involvement of State actors or similar events frequently taking place elsewhere. There are three types of conflicts/challenges: racism (R), the management of  cultural (and religious) diversity (C) and the politicization of diversity2 (P). Most challenges and conflicts listed in table 2.1 have to do with the ‘Muslim community’, but there are also conflicts related to the ‘Latin

30

Diversity management in Spain

Table 2.1.  Conflicts and challenges of immigration-related diversity in Spain Date

Description of the conflict

Place

Group

Categorya

Jan. 2007

Fights between Spanish and Latin youths in the suburbs of Madrid lead to three injured, and seven arrests. The fights are dramatized in the media, with comparisons made to the French banlieus, creating debates on the involvement of gangs of so-called ‘Latin Kings’ (see below) (which is denied by the local authorities). Days after the fights, around a thousand youths hold a xenophobic protest against Latin American immigrants and a week later a new assembly is organized by extreme right-wing groups from outside the community. This makes the Ministry of the Interior reinforce security measures. Mansur Escudero, The President of the Islamic Council, prays next to the Córdoba mosque-cathedral, the day after the Bishopric of Córdoba has rejected a request to Pope Benedict XVI to permit shared prayer in the temple. A similar request is sent to the Alliance of Civilizations. As the Renaissance cathedral stands in the centre of an ancient mosque complex, Muslims all over Spain in February 2006 lobby to make it a symbolic gesture of reconciliation between faiths, by allowing them to pray in the cathedral. The petition results in a controversial discussion about the objectives of the initiative: either a gesture to promote inter-religiosity or a desire to take over the temple and reinstall Al Andalus and re-Islamize Spain. The political parties Izquierda Unida and the Partido Andalucista support a request by Mansur Escudero to include moriscos within the list of preference groups to obtain Spanish nationality within two years.1 The request is made to the Andalusian government and political parties with representation in the Parliament, with the objective of restoring historical rights. Sephardic Jews, who like moriscos were expelled after the re-conquest of Al Andalus,2 are a priority group.

Alcorcón, Madrid

Latin American

R

Córdoba, Andalusia

Muslims

C

Andalusia

Moriscos (Spanish Muslims; See note 2.)

P

Dec. 2006

Dec. 2006



Policy discourses in Spain31

Table 2.1.  (continued) Date Oct. 2006

Description of the conflict

Racist attacks at mosques and religious centres are frequently reported by antiracist organizations such as SOS Racisme and the NGO Movimiento contra la Intolerancia. Examples are the Islamic temple of the Muslim community of Córdoba that was covered in neo-Nazi signs, and the religious centre of Muslims in Huesca and the Mosque Medina Monawara of Ontinyent that witnessed several attacks linked with neo-Nazi groups, painting phrases like ‘Moors out’ and ‘No Moors’. Girona, Salt, Palafrugell and Sant Vicent de Castellet, four towns in Catalonia, also report attacks on mosques. Sept./ Hospitals report an increase in Oct. complaints from immigrants about the 2006 lack of interpreters, appropriate food and places of worship in hospitals. Rejection of treatments, like blood transfers and caesarean operations, are also reported. In September/October, two pregnant women carrying the AIDS virus reject a caesarean operation. While the first (sub-Saharan) woman rejects surgery based on her cultural beliefs, the second (nationality unknown) rejects it because of her religious beliefs. A judge in Barcelona twice rules that the hospital should perform the caesarean against the women’s will, on the grounds of the rights of the child prevailing over the ideology of the mother. Oct.– Protests against the building of Dec. mosques and opening of oratories in 2006 Catalonia are widespread. The most (and well known is the case of Premià de before) Mar, while the most recent is that of Badalona, which started in October 2006, after the closure of an oratory. Residents created a platform ‘No to the mosque’ and collected 3,500 signatures. In both cases political parties also became involved in the conflict. Unlike Madrid, Catalonia has no major mosque. Religious ceremonies are

Place

Group

Categorya

Córdoba, Huesca, Ontinyent, Girona, Salt, Palafrugell and Sant Vicent de Castellet

Muslims

R

Vall d’Hebron, Barcelona, Catalonia

SubSaharan Africans

C

Badalona, Catalonia

Muslims

C/P

32

Diversity management in Spain

Table 2.1.  (continued) Date

Jan.– Dec. 2006

Oct.– Nov. 2006

Description of the conflict consequently held in provisional oratories in garages or small shopping centres. In December, imams from Catalonia meet in Barcelona to demand dignity for Muslim places of worship and the building of a principal mosque in Barcelona. The government of Vic (22 per cent immigrants) introduces civic courses for people to access municipal social aids, including the functioning of public services and Catalan traditions. The controversial courses form part of an ordinance of public-spiritedness approved in January that obliges applicants for municipal aid to study a course lasting at least ten class hours on the rights and obligations of citizens, civic responsibility, and knowledge of the cultural, social, economic and legal structure of Catalonia and Vic. In October 2005, complaints by SOS Racisme resulted in a request from the labour union to end the courses because of discrimination regarding who could attend. In the latest Catalan elections, all parties include immigration in their electoral campaigns and some also include immigrants on their candidate lists. The right-wing candidate for the Catalan government (Generalitat), Josep Piqué (Partido Popular) warns of the risk of some Catalan neighbourhoods turning into Frenchstyle banlieus. Artur Mas, the candidate of the nationalist party (Convergència i Unió), introduces the idea of a card for immigrants to gain credits of Catalanidad, thereby restricting access to welfare services (apart from education and healthcare). The Catalan Socialist Party (PSC) includes voting rights for immigrants in its programme, but its candidate, José Montilla, argues that Catalonia has reached its limits as regards the reception of immigrants, and emphasizes the negative effects of immigration on social services.

Place

Group

Categorya

Vic, Catalonia

Migrants in general

P

Catalonia

Migrants in general

P



Policy discourses in Spain33

Table 2.1.  (continued) Date

Description of the conflict

Place

Group

Categorya

Oct. 2006

The Danish Cartoon Affair results in self-censorship in the traditional Festivals moros and cristianos. The festivals, particularly popular in the south-east, commemorate the Christian Reconquest of the Muslims in 1492, when the Moors were expelled after nearly eight hundred years of rule in much of the country. Participants typically dress up in costumes and stage mock battles. In the finale, Christians defeat Muslim Moors and in some towns a dummy of the prophet is destroyed. After the Danish Cartoon Affair, organizers of the festival start to soften this stance and in some cases suppress acts and images that could offend Muslims (such as placing some firecrackers in the head of a Mohammed doll). Controversy erupts over the legalization of the armed youth gang ‘Latin Kings’ in Madrid, after its legalization in Barcelona. The legalization of the ‘Latin Kings’ as a cultural association in Barcelona (with some 250 members, youngsters from Latin America), under the condition of refraining from violent activities, starts a similar debate in Madrid (where the gangs have some 150–170 members). A history of crime and recognition as organized gangs by the police makes legalization a controversial issue. The book La España convertida al Islam (Spain Converted to Islam), written by the feminist scholar Rose María Rodríguez Magda, strongly criticizes Spanish converts to Islam, by depicting them as Islamic fundamentalists trying to recover Al Andalus. This results in criticism from converters on webislam, a digital portal of Islam in Spain, where the author is criticized as being fascist and promoting Islamophobia. The book is only one example of increasing criticism against Spanish converts to Islam from right-wing politicians and academics critical of (left-wing) multiculturalism.

Valencia, Catalonia

Muslims

C

Madrid

Latin Americans

C

Spain

Spanish citizens converted to Islam (Spanish Muslims)

P

Oct. 2006– Jan. 2007

June 2006

34

Diversity management in Spain

Table 2.1.  (continued) Date

Description of the conflict

Place

Group

Categorya

April– Sept. 2006

Racist attacks against black people. In April a black citizen is beaten up by a neo-Nazi group from Castellar del Vallès. In September, a Gambian is beaten up by a group of fifteen youths because he was with a white woman near the football stadium. According to the police, there are between 500 and 600 neo-Nazis in Catalonia. Other groups are active in Madrid, where racist actions are common on days of important football matches, both inside and outside stadiums. A report by the Central Intelligence Unit of the National Police highlights that many of these neo-Nazis specifically target immigrants (Jiménez Barca, 2006).

Catalonia, Madrid

Blacks

R

Notes: a R = racism; C = Management of cultural (and religious) diversity; P = Politicization of diversity. 1 According to the current legislation on nationality, most foreigners have to reside in Spain for ten years before they can apply for Spanish nationality (asylum seekers can apply after five years of residence). However, this is reduced to only two years for those with a preferential nationality and, if they can claim some historical link with Spanish nationality, just one year. The priority groups are: Latin Americans, Portuguese, Filipinos, Andorrans, Guineans and Sephardic Jews. Only these groups can hold a double nationality (Código Civil, Articles 17–26, law no. 36/2002, October 2002). 2 The first expulsion of moriscos, a name given to Muslims who converted to Christianity after the fall of Granada in 1492, was ordered by the Catholic monarchs on 14 February 1502 and ended in 1610. Today their descendants live in various north African countries, such as Morocco, Algeria, Tunisia, Libya, Mauritania and Mali (see also Zapata-Barrero, 2006: 145).

community’ and ‘blacks’. However, Spain follows the European trend of constructing Muslims as the most problematic immigrant group, with Islamophobia as the effect (see for example the European Monitoring Centre on Racism and Xenophobia, 2006). ‘The Muslim presence in Europe is related to one side of the politically constructed Clash of Civilizations, and diversity in Spain is seen as a conflict between models of society (one Western and the other Muslim) which are incompatible’ (Zapata-Barrero, 2006: 155). Before considering one of the conflicts where this opposition becomes explicit at the local level, the next section will briefly highlight the importance of Islam within the construction of Spanish national identity, and address the current place of the Islamic



Policy discourses in Spain35

community (narrowly defined as a religious minority) within the political and legal framework of the Spanish secular State. Islam within the secular Spanish State From the perspective of the State and society, the so-called ‘new religious minority’ of Islam in Spain needs to be conceptualized in the context of the country’s historical experience with Islam. The presence of Muslims in Spain for more than eight centuries makes reactions to Islam different from those in other European countries (Moreras, 2006: 5–6). The fact that most conflicts of diversity in Spain are related to the Muslim community can be understood in the context of a Spanish identity construction that is based on a traditionally negative perception of Muslims in general and Moroccans in particular, who are considered in pejorative terms as ‘the Moor’ (el moro) (Zapata-Barerro, 2006: 143). While the word ‘Moor’ has historically referred to the Berbers of North Africa and Iberia, it has become a negative stereotype for anyone of Arab or North African descent, especially for Moroccan immigrants in Spain. Moreover, it has come to represent the Islamic Other. The historical collective construction of a negative stereotype of the ‘Moor’ started with the Christian victory over the Muslim invasion in 1492, after eight centuries of Muslim presence on the Iberian Peninsula, after which the Spanish Monarchs (Queen Elizabeth and King Ferdinand) expelled Muslims, Jews and gypsies from the country. The Muslim presence ended completely in 1609 with the expulsion of the moriscos (Muslims who had converted to Christianity and stayed in Spain after the Reconquista) (Zapata-Barrero, 2006: 145). Martín Corrales (2002b) illustrates how the depiction of the Moor in the Reconquista propaganda stigmatized Islamic religion, and created stereotypes of Moors as being impure, treasonous, false, cruel and cowardly. The negative image of the Moor (and the bipolarization of the image of Moroccans) in other phases in Spanish history have contributed to this construction of Moorophobia (phobia of the Moors), such as the occupation of Morocco (which became a Protectorate in 1912) after the African War and the participation of Moorish troops in Francoist armies in the Civil War (see also Zapata-Barrero, 2006: 145–146). In opposition to the Moor, Spanish identity has been built on the idea of Hispanidad, a political discourse of exclusion based on the idea of a community of people linked together by linguistic and religious criteria (Zapata-Barrero, 2006: 143–147). Hispanidad is a political term that was created to comprise the whole Spanish area of influence, designating a linguistic (Spanish) and religious (Catholic) community and

36

Diversity management in Spain

creating a sense of belonging, to the exclusion of non-Spanish speakers, atheists, Masons, Jews and Muslims. The Franco regime (1940–75) reconstructed this term as a symbol of homogeneity and unity, in order to create a sentiment of loyalty and patriotism (González Antón, 1997: 613). After the restoration of democracy, the relationship between the State and religion changed considerably, with the shift from a oneconfessional (Catholic) State to a non-confessional State (which is different from laicism, as it does not guarantee religious equality). Article 16 of the 1978 Constitution provides for religious freedom and the freedom of worship by individuals and groups, and guarantees that ‘no faith shall have the character of a state religion’.3 Islam was officially declared a religion ‘rooted’ in Spanish society in 1989, five years after Protestantism and Judaism. In 1992, a cooperation agreement was signed between the Spanish State and the Islamic Commission of Spain,4 which started the construction of an institutional position for Muslims as a religious minority in Spain (see Jefatura de Estado, 1992). This agreement grants the Muslim population of Spain several benefits5 and is regarded as the most extensive legal framework for the recognition of Muslims in the European Union (Moreras, 2005a: 125). Despite these principles of religious liberty and cooperation with religious minorities, the Spanish State continues to have an asymmetrical relation with the Catholic Church (Moreras, 2006: 31), in both legal and practical terms (as a consequence of failing to comply with agreements with minority confessions). As for the former (the legal power given to the Catholic Church), it should be noted that while the Jews and Protestants have been granted similar benefits to the Muslims, the Catholic Church enjoys a number of additional privileges. These benefits derive from four agreements signed with the Holy See in 1979. They cover economic, religious education, military and judicial matters. The growth of minority religions such as Islam has called these privileges into question. The most important issue within this context is the finance the Catholic Church receives from voluntary tax contributions and, until recently (see below), also from direct payments. In 2004, leaders of the Protestant, Muslim and Jewish communities sought to claim treatment comparable to that enjoyed by the Catholic Church, by requesting that the Government amend the national income tax declarations to allow taxpayers the option of donating a percentage of their taxes to non-Catholic entities. Although these negotiations ended without an agreement, a legislative change in September 2006 stopped direct payment, but increased the voluntary contribution to the Catholic Church from 0.52 to 0.7 per cent. Two



Policy discourses in Spain37

options are now available to taxpayers for voluntary contributions: the Catholic Church and social work (Zapata-Barrero, 2006: 151). The asymmetrical relation with the Catholic Church is also reflected by the non-compliance of the Agreements signed with minority religions. In the case of Islam, one of the most important issues is the failure to implement the right of places for worship.6 Spanish law recognizes the right of confessions and religious communities to establish places of worship, applying to all persons, nationals and foreigners (see also Article 3 of the Law on the Rights and Freedoms of Aliens 8/2000). According to the Agreement of 1992, mosques and recognized religious places are subject to a favourable fiscal regime. The only requirements for Islamic communities wishing to open oratories and/or to build mosques is consent from the Islamic Commission of Spain and the commitment to dedicate places of worship only to worship and religious education7 (Jefatura de Estado, 1992). Local governments must provide land for places of worship, but in practice this is often ignored by the municipalities. A similar situation occurs with the right to create areas within existing cemeteries or to create Islamic cemeteries (see also Zapata-Barrero, 2006: 149). The mosque debate Conflicts around mosques and oratories Conflicts around mosques and oratories (Muslim places of worship) consist of different elements. First, there is the opposition to the building of mosques and/or opening of religious centres or oratories8 by both citizens and government, demonstrating a lack of social recognition of Muslims in the public space. Secondly, there are the racist attacks that have been witnessed against mosques and religious centres. Both demonstrate the presence of Islamophobia in Spanish society. Thirdly, there is the question of the access of women to mosques and oratories. Access by women to the majority of places of worship is prohibited. In those places (mainly the mosques) to which they have access, they use separate rooms and sometimes have to cover themselves completely. The secretary of the Junta Islàmica de Catalunya (Catalan Islamic Committee) criticizes the discrimination against women in places of worship, as it is not acceptable from the principle of sex equality, or from the principle of religious freedom, as the Koran does not prohibit the access of women to places of worship (Prado, 2006). Martín-Muñoz (2005) also highlights that the roots of sex discrimination are not to be found within Islam.

38

Diversity management in Spain

Fourthly, mosques are criticized for being linked to terrorism. Especially after the Madrid bombings of March 2004,9 a feeling of a need to know and monitor what happens in mosques has been raised (SOS Racisme, 2005: 200). In this context, debates started on the financing of mosques, as the money often comes from abroad (mainly Saudi Arabia) and is feared to be linked to terrorism. The main concern is that poorly resourced mosques depend on funding from foreign sources, including extremist-oriented groups. The idea of granting State funding to mosques nonetheless remains controversial (International Helsinki Federation for Human Rights, 2005: 26, 127). Fifthly, there is criticism of radical imams leading mosques. As these religious leaders are either educated abroad or not educated at all – as there is no degree for imams in Spain – the fear is that they advocate interpretations of Islam that are in conflict with the legal and social norms of Spanish society. In an attempt to prevent imams from spreading hate-inspired and violent ideas, the Government proposed to monitor and censor mosque sermons in May 2004. Protests by Muslim and civil liberty groups made it retract the proposal (International Helsinki Federation for Human Rights, 2005: 126). Two ways to regulate imams are currently under discussion. One is to educate imams in Spain, incorporating Spanish contextual elements, which has been proposed by the Muslim community.10 The other is to finance Muslim communities through associations and support their mobilization (Zapata-Barrero, 2006: 152). Sixthly, and related to the previous point, is the lack of a register for mosques and oratories. There is currently no control over mosques. While estimates suggest that 70 per cent of oratories are managed by a religious association (which may be but does not have to be registered with the Spanish Islamic Commission), some 30 per cent are not registered at all (Martín-Muñoz, 2003: 119), and thereby lack the fiscal advantages and legal recognition provided by the 1992 Agreement. Both the lack of a register for mosques and proper training for imams highlight the failure to accommodate Islam as a religious minority and have led to fear of the development of radical Islam (see also Moreras, 2005b: 124–149). The following section will consider the deconstruction of discourses justifying the protests against the building of mosques and opening of religious centres in more depth. Opposition to Muslim places of worship is one of the most important areas of conflict between Spanish citizens and Muslim immigrants, and highlights the deep-seated resistance towards the visibility of Muslims and their religious infrastructure within the public space. Moreover, conflicts based on the building of



Policy discourses in Spain39

Foreign financing Opposition to new mosques/oratories

(Radical) imams trained abroad MOSQUES AND ORATORIES Lack of public register

Women’s access

Racist attacks

Figure 2.1  Conflicts around mosques and oratories

mosques and oratories also indirectly include the other conflicts listed here (see also figure 2.1). Opposition to the building of mosques and opening of oratories The building of mosques and opening of oratories are probably the most important demands from Muslim communities in Spain in terms of creating a religious infrastructure. Mosques in particular can be seen as an important indicator of the consolidation of Muslim immigrants within Spanish society (Martín-Muñoz, 2003: 121; Moreras, 2004: 413). The protests of neighbours and the reluctance of local governments to provide mosques and other places for prayer highlight a major lack of social integration and a source of conflict. Every time members of a Muslim community want to build a mosque or open a religious centre or oratory, neighbours attempt to stop it by collecting signatures and/or organizing protests in the street. Local authorities, instead of managing conflicts impartially, often adopt an ‘understanding’ position towards the local citizens, no doubt because of the electoral cost of defending the Muslims’ demands (Zapata-Barrero, 2006: 149). Using urban planning ­­ regulations for reserving spaces for places of worship, and extending planning permits or permits for construction work are the most common ways for local authorities to oppose the building of mosques. Lack of safety or a reluctance to change the classification of a building

40

Diversity management in Spain

are also commonly used as arguments to oppose the opening (or demand the closure) of religious centres and oratories. Based on information provided in the annual reports of SOS Racisme and an analysis of newspapers since 2001, twenty-four documented cases of opposition to the construction of the building of a mosque or the opening of a religious centre or oratory can be identified in Spain (see also Appendix 2.1). The vast majority (eighteen cases) took place in Catalonia.11 One of the first and most heavily documented cases is Premià del Mar, a small town north of Barcelona, with an immigrant population of only 6 per cent. The town became the centre of confrontations between immigrants and local citizens in 2002, as a result of the Muslim community’s desire to build a mosque in the centre of the town (SOS Racisme, 2002: 239–240; 2003: 214–219). Textbox 2.1 gives a reconstruction of the events. The most recent conflict over the building of a mosque took place in Badalona, a municipality with 8 per cent of immigrants located in the Barcelona Metropolitan Area, and is outlined in textbox 2.2. Textbox 2.1  Premià de Mar The Muslim community in Premià de Mar, Asociación Islámica At-Tauba, opened an oratory in 1987. When the Muslim community in the town increased in the 1990s, the oratory became too small and neighbours started complaining about noise. The failure to meet safety security requirements led to a judicial order for the closure of the oratory in November 2001. The local government promised to find a new place for the community, but this turned out to be difficult. In February 2002, an agreement was reached to provide the Muslim community with a public school until June. Meanwhile the Muslim community bought a plot of land in the centre of the town, for use for cultural services, and applied for a licence to build a mosque. After the news about the possible construction of a mosque became widely known, the local population began to mobilize out of fear of the devaluation of property and radical Islamism. First the neighbours collected 5,554 signatures in protest against the plan. An agreement was eventually signed to build the mosque in a less centrally located site, on an industrial estate on the outskirts of the town. Again the neighbours mobilized and collected 700 signatures against this plan. The Muslim community also did not agree with the solution, which led to the local government breaking off negotiations and ordering them to leave the school. Without a place to worship, the Muslim community used the plot purchased in the centre for its Friday prayers. This led to the first protests by neighbours on 19 April 2002, continuing in the subsequent days and including not only neighbours within the Plataforma per Premià, but also extreme right-wing groups, anti-fascist groups and political parties. On 26



Policy discourses in Spain41

April, the town council approved the authorization to build the mosque, which led to a protest against the mayor and local authorities on the same day. At this point the extreme right-wing leader of the Plataforma por Cataluña (a party advocating the expulsion of immigrants), Josep Anglada, became involved in the conflict, by publicly supporting the demonstration. As a reaction to the involvement of the right-wing movement, a Coordinadora Premià per la Convivència was formed, consisting of several organizations including SOS Racisme. This platform in support of the Muslim community organized a demonstration on 12 May, with some 1,000 participants, including the leader of the green party (ICV). The other two parties in the local government coalition in Premià, PSC and ERC, were absent and criticized the participation of the ICV. Saturday 18 May saw a massive demonstration by residents, headed by Josep Anglada, and a counter-demonstration by an anti-fascist group. After the demonstration Josep Anglada gave a speech and presented his new party Plataforma x Catalunya for the next municipal elections. Estimates suggest 8,000 signatures were collected against the mosque and in a petition for the mayor’s resignation. The conflict was now also being featured in regional and national media, triggering several political reactions. The President of the Catalan Socialist Party (PSC), Pasqual Maragall, accused the right-wing party of taking advantage of the controversial situation for electoral purposes. The president of the Catalan government, Jordi Pujol, argued that while Catalonia is open to newcomers it also wants to preserve its identity and culture. The Catalan government (Generalitat) became involved in order to mediate a solution. After several meetings between the various political forces, an agreement was reached to request the transfer of the mosque to the industrial area of Can Banyeres, with the Islamic community offered the use of the school Voramar in the meantime. A Council for the Convivència Ciutadana (citizens’ coexistence) was created, provisioned for the promotion of knowledge between communities and facilitation of integration. The Islamic Community of Premià accepted the restart of negotiations, and an agreement was reached on 5 September to use the school for a period of fifteen years, with the licence for constructing a mosque frozen until a final solution was found (ABC, 2001; Gabinet d’Estudis Socials, 2002; Pérez, 2002; SOS Racisme, 2002: 239–240; Vives, 2002; SOS Racisme, 2003: 214; Zapata-Barrero, 2003a: 6; Motilla, 2004: 88).

Premià and Badalona, which are two of the more extreme cases, are selected as case studies to analyse the opposition towards mosques and oratories because of the size of the conflicts and the involvement of various actors. In both cases, the conflict started with the closure of an oratory, which left the Muslims without a place of worship. When the Muslim communities announced their wish to build a mosque, residents’ protests became more radical, other actors became involved

42

Diversity management in Spain

and the conflict moved beyond the local context.12 Moreover, both cases are characterized by the direct involvement of political parties, which makes them examples of the politicization of diversity.13 In the case of Premià, it is worth mentioning that it continues to be used as an example when politicians talk about Muslim challenges or conflicts in Catalonia. Aside from the fact that both cases represent the more extreme end of opposition to Muslim places of worship, there are several other comparisons to make. In both cases, neighbourhood residents’ associations started the conflict, by collecting signatures and organizing protests. While the neighbours denied being racist or opposed to Muslims, the opposition was based on a fear of the Islamization of their neighbourhood or municipality. Joan Xivillé, spokesman of one of the neighbour groups in Premià, firmly denies being racist, by arguing that Muslims and Spaniards live peacefully together and that the opposition to the mosque is only based on ‘urban questions’, or on the devaluation of property prices and the departure of ‘natives’ (Vives, 2002). However, behind this fear of devaluation of property and the neighbourhood hides a clearly negative image of Muslims that is comparable to that of ‘blacks’ (and the accompanying ‘white flight’) in some neighbourhoods of big cities in the United States. The possible building of a mosque would mean the first ‘real’ visible mosque in Catalonia, thereby attracting many Muslims and converting the zone into a Muslim ghetto. This perceived threat of the Islamization of the public space and the invasion of Muslims is believed to result in an increase in public insecurity and conflicts between neighbours and Muslims, as the common belief is that ‘Muslims do not want to be integrated’ (Gabinet d’Estudis Socials, 2002). The residents of Badalona use a similar discourse to justify their opposition. The explanation of the owner of the industrial building in Badalona is typical here. He explains that the neighbourhood has been ‘invaded by moors … and left the Spaniards a minority in their own neighbourhood’ (González, 2006). The construction of a mosque in Badalona would attract Muslims from nearby communities, thereby worsening the balance between Spaniards and Muslims. The residents in Badalona also consider the Moroccan community to be difficult to integrate and synonymous with crime (González, 2006). In both cases, the neighbours therefore justify their opposition to the mosque by the fear of being invaded by the cultural Other (defined in the former case as the Muslim immigrant and in the latter as the Moroccan immigrant) that is impossible to integrate within their society. Lluís Sadurrní, spokesman of the Platform for Premià (which includes



Policy discourses in Spain43

various residents’ associations) also introduces laicism as an argument for opposition to public places for worship. When asked for a solution to the conflict, he suggested, ‘let them pray in their homes’ (Pérez, 2002). The opposition to the temporary use of the public school in Premià also highlights the reluctance of the neighbours to give Islam a place within society’s public space. However, a discourse of laicism is most apparent among the local authorities. In both cases, the local authorities initially reserved plots of land for the possible construction of a mosque, but were reluctant to let the Muslims construct their mosque on them due to the protests. Moreover, when plots are reserved, they are on the outskirts of the towns, demonstrating the denial of the visibility of Islam in the public space in the first place. While laicism is not the official discourse ­­ of the Spanish State, the attitudes of local authorities in Catalonia towards Muslim residents can be characterized by their recognition of the right to places of worship in private premises (homes, community centres etc.) and their reluctance to recognize the need to give Muslims the public visibility enjoyed by the Catholic Church (see also Moreras, 2003). The case studies highlight that the legal right to establish places of worship is only put in practice when these places are relatively invisible, as is the case with oratories, which are often located in private garages, offices and apartments. While neighbours begin opposition, they are supported by rightwing groups and taken advantage of by political parties. In Premià the protests of neighbours were joined by ultra-right skinheads, leading to the counter-mobilization of anti-fascist groups. Furthermore, local right-wing parties (in opposition) took advantage of the neighbour protests to look for support in the forthcoming local elections, leaving the local governments (consisting of coalitions of nationalist and left-wing parties) in a difficult situation when dealing with the religious demands of the Muslim community. The voting rights of the neighbours give them an advantage over the Muslim community, which consists mainly of immigrants generally without voting rights.14 In Premià, the spokesman for the right-wing Plataforma por Cataluña publicly supported the demonstration against the construction of a mosque. Emphasizing the fear of a Muslim invasion, he justified the demonstration by the need to defend identities, customs and culture (ABC, 2002), thereby highlighting a discourse of Islamophobia based on the construction of an identity in opposition to Muslims. In Badalona, the PP was closely involved with the collection of signatures against the building of a mosque on public lands, for clear electoral reasons. The President of the PP in Badalona, at that time a candidate for the City Council, said that his party would give priority to allocating

44

Diversity management in Spain

Textbox 2.2  Badalona The Badalona conflict started in February 2005, when the local government closed an oratory in the La Pau neighbourhood. The formal justification was safety issues, but the decision should be understood in the context of a campaign started by neighbours and supported by the PP against the oratory. After the decision of the town council to close the place of worship, some 150 Muslims assembled at the town hall to pray, as a form of protest and signal of convivencia (coexistence). At the beginning of March the local government and the Muslim community agreed to move the mosque to a factory in an industrial estate, located on the border of the municipalities of Badalona and Santa Coloma. The agreement stated that the local government would provide the Muslim community with a provisional oratory, while the factory could be adapted to its new use. The neighbours’ association, Asociación de Vecinos del Congrés, together with other neighbours’ associations, collected almost 3,000 signatures in opposition to the location of the oratory. The imam in charge of the closed oratory complained at being treated as a second-class citizen and compared the situation with that of leprosy patients who needed to be hidden away. He also highlighted the importance of the lack of voting rights as a means of pressurizing the local government. In July 2005, Badalona town council unanimously approved the suspension of the granting of licences for the opening of new religious premises for a year. By doing so it broke its commitment to help the Muslim community to find an alternative location. In July 2006, it approved restrictions on the opening of oratories, such as a maximum capacity of seventy people. In the summer of 2006 the town council finally approved (without the consent of the PP) the classification of a green belt for the use of religious worship. The local PP and the platform ‘No to the Mosque on Public Lands’ collected 20,800 signatures against the construction of a mosque on those public lands. The Catalan government (Generalitat) also became involved, because the allocation of more than a thousand square metres of public land for religious use by a local authority requires amendments to the Plan General Metropolitano (the Metropolitan Plan). The Catalan Minister of Culture emphasized that policies setting citizens against each other is not part of Spain’s rich and diverse history of cultures and its status as a plural country because of its immigrant population. The President of the Junta Islámica Catalana argued that the collection of signatures by the PP of Barcelona was a means of demonizing and creating fear of Islam. The campaign against the mosque should be understood as a campaign against the fundamental right to have places of worship. He regretted the lack of democratic maturity and the level of Islamophobia in Catalonia (González, 2006; SOS Racisme, 2006: 208–209; ABC, 2007a; Barros, 2007; Sales, 2007).



Policy discourses in Spain45

the public lands reserved by the local government to pre-school facilities or centres for the elderly, rather than constructing a mosque. According to the President, the collection of signatures by the platform ‘No to the mosque’ represents ‘the union of citizens, regardless of their ideology’ Barros, 2007), thereby creating the idea that the Muslims residing in the community are not citizens. This idea was even more clearly stated by the Catalan leader of the Esquerra Republicana per Catalunya (ERC), Josep-Lluís Carod-Rovira (at that time the Vice-President of the Catalan government), who criticized the former imam of Premià de Mar as being anti-democratic because he refused to talk to the female mayor. He referred directly to this imam when arguing for ‘the expulsion of those imams (as in Premià) that try to defend and spread anti-democratic values’ (ABC, 2002). This highlighted the third type of justification for opposition to the mosque, which is not just about the fear of an Islamic invasion or the place of religion within Spanish society and public space, but also about the values preached within the mosques and represented by the Muslim community. This discourse of anti-democracy situates Muslims as anti-citizens, because of the incompatibility between Islamic values and the liberal democratic values of Spanish citizenship. In short, the discourses justifying opposition to the building of mosques in the two cases analysed here (and represented by neighbours, local governments and political parties) can be found in: (1) racism based on Islamophobia and Moorophobia; (2) a discourse of laicism, limiting religion to the private sphere; and (3) a discourse that regards Muslims as anti-citizens, based on the incompatibility of liberal democracy with Islamic values. In opposition to these discourses, the Platform for Coexistence in Premià has acted as a pressure group for civil rights, defending the right of the Muslim community to build a mosque and thereby putting forward an anti-discrimination discourse. The Muslim communities involved also use this anti-discrimination discourse, by addressing the violation of their civil (freedom of religion) and political (voting rights) liberties. The imam selected for the would-be mosque in Badalona explicitly argued that the Muslims are being treated as ‘secondary’ citizens, because of their lack of voting rights and opportunities to practise their religion (González, 2006). He also blamed the political parties for the politicization of the mosque debate, leading to social fracture. ‘In questions of integration, we are worse off than five years ago. … [W]e are also citizens. We are neighbours, workers and taxpayers, but they are denying our fundamental rights’ (Benvenuty, 2007a). As well as emphasis on individual civil and political rights, reference is made to their group rights as established in the 1992 Agreement between the

46

Diversity management in Spain

Spanish State and the Islamic community. It can be concluded that while discourses opposed to the building of the mosques are based on the idea of the clash between Western and Islamic values and principles (or Huntington’s Clash of Civilizations), it is precisely those Western values that are used by the Muslim community to claim religious rights within the context of the Spanish secular State. The case of Catalonia: why is there no major mosque? Premià de Mar and Badalona are only two examples of the opposition to the building of mosques and opening of oratories and religious centres seen in Catalonia (see also table 2.2). The question of why opposition to the building of mosques and opening of religious centres and oratories is proportionally higher in Catalonia will be addressed shortly.15 A first explanation is based on demography. Catalonia is the largest Table 2.2.  Overview of Muslim population, registered Islamic communities, principal mosques and cases of opposition to the building of mosques or opening of oratories, by autonomous community Autonomous community/city

Muslim population

Andalucía Aragón Asturias Baleares Canarias Cantabria Castilla La Mancha Castilla y León Cataluña Ceuta Extremadura Galicia La Rioja Madrid Melilla Murcia Navarra País Vasco Valencia Total

176,177 28,454 2,149 22,585 64,682 1,888 36,002 12,648 245,222 30,110 29,819 5,784 9,307 195,254 32,744 50,819 10,256 12,983 113,595 1,080,478

Registered Cases of opposition to the building of mosques and Islamic opening of oratories communities 54 18 1 21 15 1 17 8 90 20 5 4 5 61 7 19 7 28 10 391

1 0 0 1 0 0 0 1 18 0 1 1 0 0 0 0 0 0 1 24

Principal mosque Yes (4) No No No No No No No No Yes (2) No No No Yes (2) Yes (2) No No No Yes (1) 11

Sources: For the Muslim population (foreigners and nationals): Observatorio Andalusí, 2006; for the registered Islamic communities: the register of religious minorities at the Ministry of Justice, as of December 2006; for cases of opposition to the building of mosques and/or opening of oratories, SOS Racisme yearbooks and newspapers from 2001; for principal mosques: Bastante, 2006.



Policy discourses in Spain47

receiver of Muslim immigrants. As a result, demands for places of worship will be potentially higher and therefore so too will be the potential for conflict. The Muslim population in Spain is estimated at 1,080,478, consisting of both immigrants (724,722) and Spanish citizens (355,756).16 Most reside in Catalonia (22.7 per cent), Madrid (18.1 per cent), Andalusia (16.3 per cent) and Valencia (10.5 per cent) (Observatorio Andalusí, 2006). The large Muslim population in Catalonia does not, however, explain why other communities with high percentages of Muslims do not witness as many conflicts, such as Andalusia, Madrid and Valencia (see table 2.2). A more specific explanation related to the demographic argument lies in the fact that Catalonia, unlike Madrid, Andalusia and Valencia, has no major mosque,17 which leads to increasing demands for both the opening of oratories and the construction of mosques.18 Spain has eleven mosques, two in the province of Málaga, two in Ceuta, two in Melilla, one in Valencia, two in Madrid and one in Granada. The need for a major mosque in Barcelona has been raised for a long time and was recently addressed again when the Islamic Cultural Council of Catalonia (Consejo Islámico Cultural de Cataluña) issued a communiqué signed by some fifty imams, in which they demanded ‘dignity for oratories’ and a major mosque in Barcelona (see also Casals, 2006; Playà Maset, 2006). It should be noted though that there are no official data on the number of mosques and oratories in Spain, as there is no register available. Some religious groups choose to register as cultural organizations at regional level, rather than with the National Registry of Religious Entities of the Ministry of Justice in Madrid, because the national registration process can take up to six months and require a great deal of paperwork. Moreras estimates the number of mosques and oratories in Spain at between 350 and 500 (Moreras, 2004: 413). According to the Islamic Commission, the number of mosques and oratories is 427 (Bastante, 2006). The number of oratories in Catalonia accounts for one-third (140) of the total number of oratories (450) in Spain19 (Moreras, 2004). Figure 2.2 indicates that opposition to mosques and oratories takes place especially in municipalities with a larger number of registered oratories (and therefore concentration of Muslims). The Catalan government (Generalitat) aims to have good relations with the different religious communities, starting with those with the most followers and the deepest roots in the culture and history of the country.20 The relations between the Catalan government and the Consell Islàmic i Cultural de Catalunya date back to an agreement in 2002, aimed at creating a dialogue and stimulating mutual knowledge between Islam and Catalan society, including support for courses in

48

Diversity management in Spain

Source:  ISOR, 2004: Map of Islamic prayer. Study on Aligious Minorities in Catalonia directed by John Estruch. General Directorate of Religions Attains (Government of Catalonia). Autonomous University of Barcelona, Barcelona.

Figure 2.2  Distribution of Islamic places of worship in Catalonia, by comarca (geographical administrative units) and protests against the opening of places of worship, 2001–06



Policy discourses in Spain49

the Catalan language and culture for imams coming to practise in Catalonia. In the Catalan government, the Minister for Religious Affairs is responsible for relations between the government and the religious entities in its territory. Its main aim is the normalization of religious pluralism. On its website, laicism is defended as a basic principle, without denying the need to provide places of worship in the public space. Nevertheless, the Generalitat has not prioritized the construction of a mosque in Barcelona or elsewhere in Catalonia. However, the numerous conflicts over oratories and mosques in its territory made the Director of Religious Affairs, Josep-Lluís Carod-Rovira (ERC) announce that a law is being drafted to set guidelines for the authorization of the building of mosques and to define the minimum conditions for centres of worship and solidarity in municipalities (La Razón, 2006; Orduña, 2007). There are several hypotheses as to why there is no main mosque in Catalonia. One hypothesis lies within the splits along nationality lines within the Muslim communities. While the vast majority of Muslim immigrants are Sunnis, division occurs based on nationality. The largest immigrant group comes from the Maghreb countries of North Africa, but there are also important groups from the sub-Saharan countries and Pakistan (Departament de la Presidencia, 2004). The various Muslim communities all wish for places of worship, which might lead to problems in building a mosque in Catalonia accessible to all Muslims. A second hypothesis is related to the lack of control over mosques. As the State does not regulate the building of mosques, and finance often comes from abroad, there is a fear of the development of terrorism. As the Generalitat is not willing to finance a mosque itself, it might opt for a large number of oratories instead of a main mosque with foreign influence. A third hypothesis starts from the fact that immigrants in Catalonia provide a different challenge from those in other parts of Spain, as the presence of immigrants is a risk to Catalan national identity and self-government, which might lead to more xenophobic behaviour. However, this nationalist hypothesis is not confirmed by the Basque case, where a major mosque is also absent and no large-scale conflict has been witnessed. The question of why Catalonia – which unlike the rest of Spain was not dominated by Muslims for eight centuries – adopts a similar discourse of Islamophobia/Moorophobia remains unresolved. An answer might be found in the fourth hypothesis, related to the role of religion within Catalan society. By representing an odd case within the revival of Hispanidad, in terms of its divergence of language and culture, Catalonia does share the Catholic values of the rest of Spain. The reactions towards the religious expressions and demands of the Muslim community in Catalonia could be understood in the context of

50

Diversity management in Spain

the social construction of religion. Moreras argues that Catholicism is being redefined in Catalonia as a cultural tradition rather than a religious belonging. Although Catholicism has declined considerably as a religious practice, religious values continue to play an important role in many people’s lives. Public opinion also continues to see Catholicism as the religion of the Catalans (Moreras, 2004: 28–9). As a consequence, Moreras (2006: 31) argues that religious pluralism in Catalonia is more ‘formal than real’. The conflict is found in the fact that while the ­­majority confession has been relegated to the private sphere, minority confessions like Islam have claimed more public visibility. As a consequence, Islam might be seen as a threat to the (religious) values of Catalan society, which consist of both traditional Catholic and secular values. The opposition to the building of a mosque in Barcelona therefore has an ambiguous relationship with the question of secularism. On the one hand, it challenges the religious and cultural naturalness of the State and violates the principle of religious equality. On the other hand, the public visibility of Islam is feared precisely because of these principles of laicism.21 Reflections on the Danish Cartoon Affair in Spain22 Reactions to the Danish Cartoon Affair Periodista Digital was the only Spanish newspaper to publish the ­­cartoons online (Periodista Digital, 2006a). Unlike in other European countries (e.g. Norway, France and Germany), the Danish cartoons were not published in major daily Spanish newspapers.23 Nevertheless, El País (a liberal daily national newspaper) did publish a drawing of Mohammed by the cartoonist Plantu of Le Monde on its front page, in which the words ‘I should not draw Mohammed’ formed the face of the Muslim prophet (El País, 2006b). Unlike the Danish cartoons, the prophet is not depicted as a terrorist and what the drawing depicts is instead the controversy created by the publication of the cartoons in other European countries. Nevertheless, the Moroccan Minister of Communication prohibited the distribution of the newspaper in Morocco that day. Although the issue received extensive coverage in the daily press,24 only two newspapers (El País and El Periódico de Cataluña) wrote an editorial about the cartoons the day after the controversy began in Demark. El País gave the most importance to the issue, with front page coverage, as well as an editorial article and an interview with the editor of Jyllands-Posten. The newspaper explicitly stated its position in the editorial: ‘It is one thing to offend a specific religious creed, and



Policy discourses in Spain51

the violent response to this presumed contempt is something else again. The Muslims that are violently protesting in European cities these days should be aware that in democratic systems, offences are resolved before courts of justice’ (El País, 2006b). The newspaper’s justification for failing to publish the cartoons lay in the depiction of Mohammed with a turban in the shape of a bomb that is going to explode.25 The conservative Spanish newspaper ABC used a photograph of the original Danish newspaper, with its twelve cartoons, and in an opinion piece noted that none of the Spanish cartoonists contacted by the newspaper wished to collaborate on the issue, because they preferred to do other things, such as making jokes about the pope (ABC, 2006a). La Vanguardia dedicated only an opinion piece to the issue, defending freedom of expression but also calling for ‘laicity’, beginning with the right of religious freedom and worship that should be exercised in a spirit of tolerance and respect for the beliefs of others (La Vanguardia, 2006b). The opinion pieces that appeared in the Spanish newspapers addressed two basic issues. The first was a discussion about what exactly was the problem with the cartoons. While the depiction of Mohammed was not regarded as offensive by most authors,26 the link to terrorism was often rejected (e.g. Agencia de noticias EFE, 2006a). In this context, two of the twelve cartoons were particularly controversial: the one with the bomb and the one with the cutlass. Secondly, the Cartoon Affair created a conflict between fundamental freedoms in democratic societies: the freedom of speech, press and religion. The main question is to what extent is it lawful to offend religious feelings (i.e. to mock religion) for the benefit of freedom of speech? More than the freedom of religion itself, what is at stake is the role of religion in society and the way in which secularity is perceived and practised (see for example Carrasco, 2006). The Spanish Government did not support the publication of the cartoons. In an article in the International Herald Tribune, the Spanish Prime Minister J. L. Rodríguez Zapatero, together with the Prime Minister of Turkey, R. T. Erdogan, made a ‘call for respect and calm’. In the article, they stated that the publication of the cartoons ‘may have been perfectly legal, but should be rejected from a moral and political point of view’ (Erdogan and Rodríguez Zapatero, 2006). The ­­Vice-President of the Government, María Teresa Fernández de la Vega, took a similar position: ‘Today more than ever one must appeal to our responsibility to each other, and the key to creating this peaceful coexistence [convivencia] is respect, for both the freedom of speech and the freedom of beliefs’ (Periodista Digital, 2006a). Finally, Miguel Ángel Moratinos, the Minister of Foreign Affairs, argued that freedom of speech should be accompanied by responsibility and respect for others,

52

Diversity management in Spain

but condemned the violence that was witnessed as a consequence of the cartoons. He also mentioned that the Cartoon Affair demonstrated the need and justification for the Alliance of Civilizations (Moratinos and Lavrov, 2006). Both the Spanish newspapers and the Government thereby showed ‘respect’ for the Muslim communities within their country and beyond its frontiers. This lack of media attention and politicization of the Cartoon Affair in Spain led to an absence of large-scale protests. Only a few incidents were reported. A protest in Barcelona (consisting of a public prayer at the plaza de Joan Miró) was organized by La plataforma Fe y Diálogo27 on 24 February 2006. Next to prayer there were placards reading: ‘Peaceful coexistence, Dialogue, Freedom of Speech’ and ‘Freedom of Speech yes, insults no’, ‘No to the conflict of civilizations’ and ‘I love my prophet Mohammed’. After the prayers, a manifesto was read in Catalan and Spanish in which the cartoons were described as ‘blasphemies’ that ‘hide hatred and enmity toward Islam and Muslims, motivated by long-standing historical reasons that are far removed from cultural lines and scientific objectivity’. The aim of the protest action was ‘to call on all believers, to give voice to all the prophets, to respect religion and universal ethical values and to produce a constructive dialogue with the Other’ (El Mundo, 2006a). In Bilbao, another demonstration was organized by the Centro Sociocultural Islámico del País Vasco-Assabil (Junquera, 2006). Only few reactions were heard from the Muslim community. The Secretary General of the Islamic Commission of Spain, Riay Tatary, declared its rejection of the ‘blasphemous desecration’ of the image of the prophet Mohammed in European and Spanish media, and mentioned the limitations on freedom of speech, consisting of respect for other fundamental rights stipulated in Article 20 of the Constitution. He also referred to the Penal Code, which prohibits offending religious sentiment. In the case of the Danish Cartoons he argued that it was not just a question of sacrilegiously blaspheming the image of the prophet, but also involved offensive blasphemy and slander, mainly due to the transfer of the image to Islamic terrorism. He also warned against letting the Cartoon Affair lead to a social fracture between different believers (Europa Press, 2006b). Another reaction came from the imam of the Seville mosque, who felt the reactions to the cartoons in some Muslim countries to be exaggerated. ‘There are other ways to show your refusal than burning embassies, such as demonstrating or boycotting products’ (ABC, 2006a). In short, the Danish Cartoon Affair did not create a great deal of debate or controversy in Spain for two reasons. First, the cartoons were not re-published by the main daily Spanish newspapers. Secondly,



Policy discourses in Spain53

the Government publicly demonstrated its respect to the Muslim community and condemned the publication of the cartoons in the JyllandsPosten. However, the Danish Cartoon Affair had direct effects on the representation of Muslims (and Moors specifically) in Spanish tradition and culture, resulting in calls for self-censorship. In Ceuta, for example, Muslim associations and political parties expressed their discomfort with the content of the songs that won the official contest at the Carnival, which is traditionally critical of society, in which the killing in Mohammed’s name because of some cartoons was criticized. The President of the Unión Democratica de Ceuta (Democratic Union of Ceuta), Mohamed Alí Lemague, said that it was not the first time that Muslims had been insulted at the Carnival, ‘but this year some lyrics were the straw that broke the camel’s back: references to Hitler, jokes about the call to prayer from the mosque, insults like motherfucking Moors and the insinuation that we should return to Morocco’ (Camacho Sevilla, 2006). Besides taking legal action, Lemague has called for an amendment of the annual festival’s regulations, in order to avoid xenophobic content in the lyrics of songs and to protect the dignity of collective groups. In the opinion of the chirigoteros (those performing the act) this type of self-censorship would mean the end of the essence of the Carnival (Camacho Sevilla, 2006). The next section goes into more detail regarding another example where self-censorship became an important issue after the Cartoon Affair. ‘Moros and cristianos’: blurring the representations of past and present Moors The climate generated by the Cartoon Affair led to a debate on the traditional Festivals of Moors and Christians (Moros y Cristianos) held in almost four hundred towns in Spain. The Festivals, which take place mainly in Valencia, Andalusia and Castilla-La Mancha, celebrate the Spanish Reconquista (the Christian victory over Islam) of the Peninsula after eight centuries of a Muslim presence, by re-enacting local victories over the Moorish armies. The celebration basically consists of a symbolic battle for the local territory (often commemorating a specific local battle), with a dramatization of the struggle between Moorish and Christian military units, resulting in the victory of Christians. ‘In the Festivals, the Moors are defeated in combat and then converted to Christianity, or, in the case of some villages on the coast of Alicante, they are “symbolically” thrown into the sea’ (Flesler and Pérez Melgosa, 2003: 153). Harris (1994: 45) emphasizes that the fiestas – which can last between three and five days and nights – combine religious processions and secular parades. Dramatized battles between Muslims and

54

Diversity management in Spain

Christians became regular after the Conquest of Granada in 1492.28 Tourism has increased the popularity of the festivals with time, with more villages included and the size and showiness of the Festivals increasing (Flesler and Pérez Melgosa, 2003: 151). In the Festivals, the figure of the Moor has two stereotypes: on the one hand he is represented as ‘an exotic, sensual being admired for his courage as a warrior and … outstanding scientific and artistic creativity and sophistication’ and, on the other, as a ‘treacherous, violent and cruel figure that wants to seize territories from the Christians’. Although the exotic representation of the Moor is predominant, the Festivals also include representations of the ‘violent’ Moor. For example, the costumes of the Moorish army are sometimes covered with designs resembling scorpions or skulls, clearly representing the violence and cruelty of the Moors, while at the same time they have ‘become aestheticized as part of the spectacle of their past artistry and glamour’ (Flesler and Pérez Melgosa, 2003: 152). The discursive narrative of Festivals performances lies not only in the mutual exclusiveness of the categories of Moors and Christians, but also in an ‘essential Christian right to the land, while explaining away the presence of the Moors as something temporary and inconsequential’ (Flesler and Pérez Melgosa, 2003: 154). Flesler and Pérez Melgosa use the terms ‘guest’ and ‘host’ in order to deconstruct the social roles of both categories. While during the Festivals both Moors and Christians take turns in taking the role of host and guest, invaded and invader,29 in the end the Christians are the hosts, the ‘native’ owners of the territory of the Peninsula (Flesler and Pérez Melgosa, 2003: 155). The fact that the participants are indifferent in terms of their participation as Moors or Christians is often considered a sign of reconciliation, or a blurring of the categories of Moors and Christians.30 In this respect, neither the Moors nor Christians are presented as ‘Other’, but celebrated as equal subjects in a mutual encounter. The associations that organize the Festivals in towns in Valencia and Alicante also emphasize that immigrants living in the province increasingly participate in the Festivals, and not always in the group that ‘identifies’ them (Martínez and Antolín, 2006). However, Flesler and Pérez Melgosa (2003: 156) argue that the indifferent attitude to both categories can also be explained as a way of overcoming ‘the inevitability of being a “guest” in one’s “own” place’. In this context, Flesler and Pérez Melgosa mention the twofold return of the figure of the ‘Moor’ to the Spanish national imaginary: by the depictions of the medieval Moors in the culture industry and events such as the Festivals of Moors and Christians, and by the Moroccan immigrants that are often regarded as ‘invading’ the country. Past and present



Policy discourses in Spain55

Moors are thus clearly separated. The Moor of the past is admired and regarded as an important part of Spanish history. The present Moor is scorned and despised as an intruder. While the exotic Moor plays the leading role in the Festival, the treacherous Moor is invoked in conflicts of discrimination and religious intolerance towards Moroccan immigrants. ‘In the Spanish cultural imagination, both of these “Moors” coexist in the same symbolic paradigm born out of centuries of confrontations in the same territory’ (Flesler and Pérez Melgosa, 2003: 151). Both the ritualization of the image of the Medieval Moor and the rejection of Moroccan immigrants can be understood as symptoms of the historical trauma of eight centuries of Moorish rule (Flesler and Pérez Melgosa, 2003: 153). After the Cartoon Affair, the representation of the ‘imagined’ past Moor in the Festivals became blurred with the present ‘real’ Moors (immigrants), resulting in a debate over the role of tradition in Spanish multicultural society. The performances during the Festivals normally depict the battle between Christian and Moorish armies. Their popular nature has led to various humorous additions to the ‘defeated’ Moors, which became the focus for debate after the Cartoon Affair, as they have been interpreted as offensive by the growing Muslim immigrant population in Spain. The majority of potentially offensive elements in the Festivals had already been removed after a recommendation by Vatican Council II in 1968. This is especially true of ‘the Mohammed’, a cardboard dummy used as the banner of the Moorish army and symbolically killed in various ways to symbolize the Christian victory, by beheading or burning.31 At present, ‘the Mohammed’ and its death are only visible in a few places, such as Beneixama (Alicante) and Bocairent (Valencia) (Gadea, 2006; Martínez and Antolín, 2006). After the Cartoon Affair, the organizers of the Festivals in Beneixama and Boicarent abolished the last representations of the death of ‘the Mohammed’ in the Festivals, in order to prevent giving offence to the feelings of Muslims. In these towns, the Festivals of Moors and Christians normally conclude with ceremonies in which a dummy more than three metres tall, with Arabian clothing and traditionally called ‘the Mohammed’ is burned on the last day, by fireworks exploding in its head, after which the audience applauds. The reactions to the Danish cartoons of Mohammed led to fear of continuing with this tradition (García, 2006). In Beneixama, where the Festival is held in September, the figure of Mohammed is normally represented by a body made of horseshoes and a carton head that is filled with fireworks that explodes when the Christians take control of the castle. In the final celebrations (between

56

Diversity management in Spain

6 and 9 September) alter the Cartoon Affair the organization chose not to blow up the head of the doll and the mayor of the town explained that ‘it was not an essential part, and as it could offend the feelings of some people we decided to avoid this’. He added that the reconquest took place without any aggression towards Mohammed (Gadea, 2006). Although the abolition of the ceremony was voluntary, a member of the association organizing the Festival emphasized that the imam from the neighbouring village of Ontinyent32 had come to watch the Festival that year. In Bocairent, a doll made of cardboard and wood representing the prophet is thrown from the castle, after which the audience applauds and spectacular firecrackers explode in its head. In the Festivals of February 2006, directly after the Cartoon Affair, the prophet was launched but did not explode. For the Festivals of February 2007, the organizing committee planned to use a different dummy with a different name, without any relation to the prophet (Ruiz Sierra, 2006). In an article in El Periódico, Ruiz Sierra (2006) also argues that the people in the towns made clear that ‘the Mohammed’ is just a doll that symbolizes the Moor army group, and that they do not see it as the prophet Mohammed (Ruiz Sierra, 2006). The President of the Unión Nacional de Entidades Festeras (National Union of Festive Entities), F.  López Pérez, also stated that none of the Festivals contains ceremonies or depictions of Mohammed or the Muslim community (ABC, 2006d). Although ‘the Mohammed’ might be interpreted by the organizers and participants of the Festivals as merely a distinguishing feature of the Moorish army rather than a direct representation of the prophet itself, its burning as symbolic closing act of the Festival does refer to the celebration of the victory over the Moors, which includes the end of Islam in Spanish territory after the Reconquest. In this context, Harris emphasizes the juxtaposition of religious and secular elements that gives the fiestas their significance: It is the struggle between the sacred and profane world, the one officially encouraged and the other officially suppressed by the Church, which is the vital hidden transcript of these Spanish fiestas […] In the fiestas a temporary festival time is created where both worlds meet. Mohammed and the Virgin enact their struggle in a manner that accords official victory to the Church while at the same time demonstrating their capacity to live together in a festive union sanctioned by the same Church. (Harris, 1994: 59)

Although the Festivals themselves demonstrate a moment of coexistence, the celebration of the victory of the Church and therefore Christianity is challenged by the presence of ‘new’ Muslim immigrants



Policy discourses in Spain57

in Spain, with Moroccans being most numerous. Similarly, the costumes used in the Festivals are not completely innocent in terms of presenting exchangeable categories of ‘guests’ and ‘hosts’, but rather are part of a constructed social reality embedded in power relations. Changing performances within the Festivals should be understood therefore as an intention to change the socially constructed meaning of the Festival events. While the organizers normally use tradition to hide behind the discourses that are performed within the Festivals,33 the changes made to these performances highlight the sensitive link between the past and present Moor after the Cartoon Affair (which is also addressed by the Muslim representatives). In October 2006, the debate on the Festivals was reopened when the Christians of Alcoi (the largest and most high profile Moors and Christians Festival) proudly headed the traditional parade of Hispanidad on Fifth Avenue in New York34 (Gallardo, 2006). It is at this point that the Muslim community called for the suppression of the Festivals in general (Martínez, 2006). The most important criticism came from the imam of a mosque in Malaga and President of the Federación Española de Entidades Religiosas Islámicas (SFEERI; the Spanish Federation of Islamic Religious Entities), F. Herrero, who advocated the abolition of the Festivals (Las Provincias, 2006a), on the grounds of not being suitable and acceptable within a democratic society. He also criticized the image created of Muslim people at the Festivals (Martínez and Antolín, 2006) thereby explicitly relating the representation of the past Moors to the image of present Moors. Interestingly, the four organizations that are part of FEERI in Valencia (where most of the Festivals take place) opposed the President’s proposal to abolish the Festivals. The Centro Religioso Islámico de Valencia felt that to criticize the parades involved ‘taking them out of their context’, and argued for the separation of past and present representations of Moors. A similar interpretation came from the Consejo Islámico de Valencia, which also distanced itself from Herrero’s statements on the grounds that they started an ‘artificial’ debate based on a ‘lack of knowledge’ of the Festivals. ‘The parades of Moors and Christians are a Festival that developed without any spirit of offense towards Islam’ (Las Provincias, 2006a). The President of the Islamic Community of Alicante, Majed Kadem, also claimed that the Festival did not constitute an attack on Islam or the prophet. ‘We see it as a festival and it should be understood in that way,’ explained Majed Kadem. Nevertheless, he thought the decision by the towns of Bocairent and Beneixama to suppress the explosion of the Mohammed doll in order to prevent conflict was ‘wise’ (El Periódico de Catalunya, 2006). Imad Al Naddaf, leader

58

Diversity management in Spain

of a mosque and President of the Consejo Islámico Valenciano, argued that the Festivals should be maintained, because it is a demonstration of ­­convivencia (coexistence). ‘We should remember the embrace that the captains of both sides give each other’ (Las Provincias, 2006a). By stressing the equality of the categories of Moors and Christians in their mutual encounters during the Festivals, this Muslim leader sees the Festivals as an example for today’s problems of social interaction between Spanish and immigrants, rather than increasing conflict. While the representatives of Muslim communities in the region do not seem to have many problems with the Festival, the local participants and organizers of the Festivals did change the protocols because they were afraid of violent reactions from the Muslim community. Their fear of violent reactions reproduces the image of the present Moor as presenting a new threat. Several opinion articles addressed this fear of a new threat, criticizing the removal of the burning of ‘the Mohammed’ from the Festivals purely for reasons of fear of radical Islam (see for example Gundín, 2006). This threat also had an effect within the political sphere, when the PP presented a non-binding motion (No de ley), in order to put pressure on the Government to present the Festivals of Moors and Christians for protection by UNESCO. The objective of presenting the Festivals to UNESCO is to avoid the risk of the Festivals becoming ‘self-censoring’ as a consequence of current Government policies, the Alliance of Civilizations and criticism from the Islamic community in Spain (Martínez, 2006). To sum up, the Danish Cartoon Affair has created a sensitive climate towards the representation of Muslims in general and the prophet in particular. The hidden transcript behind the traditional Festivals of Moors and Christians is made problematic by the immigrant population, which by being ‘real guests’ in Spanish territory present a new threat to Spanish Christian identity in the context of a dramatic historical awareness of Moors and Christians being ‘guests’ and ‘hosts’ in the Spanish Peninsula. The withdrawal of ‘the Mohammed’ from the Festivals should be understood as an act of fear of a new conflict between Moors and Christians. Concluding remarks This chapter has analysed the challenges of migration-related diversity in Spain. It has highlighted the fact that most social conflicts involve a specific category of immigrants, those who are most ‘visible’ in terms of differences in skin colour, language and religion: Muslims. The cultural and religious demands of this community have led to opposition



Policy discourses in Spain59

from both citizens and public authorities. As a consequence, the public recognition of Islam as a minority religion remains unachieved after fifteen years of failure to apply the 1992 Agreement between the Islamic community of Spain and the Spanish State. From a religious perspective, the contradiction lies in the relatively secularized life of Spanish people (rather than being a direct conflict with Christianity). Both the mosque debate and the Cartoon Affair show that it is the role of religion in society, and especially the representation of religion in the public space, that creates conflict. In spite of secularization, a serious debate on laicism has not started in Spain, due to the salient importance of the Catholic Church. The case studies analysed in this chapter show that as well as the contested role of religion in Spanish society, opposition to Muslim demands for religious infrastructure is based on a deeply rooted fear of the re-Islamization of Spain. The first case study on the mosque debate in Catalonia analysed resistance to the visibility of Muslims and Islam in the public space, by deconstructing discourses on the opposition to the building of mosques and opening of oratories. Opposition by citizens is fed by a discourse of Islamophobia or Moorophobia. The mosque debate also highlights the ambiguous practice of a discourse of laicism within the Spanish State, which becomes apparent at local level, where religious demands are managed. The local authorities use two logics in this respect. From a legal perspective, they respect individual freedom of religion and the cultural group right to practise religion in places of worship in the public space. However, local authorities are in practice reluctant to guarantee these rights to Muslim communities, due to a strong social discourse of Islamophobia. To deal with the demands from the Muslim community on the one hand, and opposition from citizens on the other, they accommodate Islam in private spaces (oratories) or on the periphery of the public space, using a secular ideology to oppose the public recognition and visibility of Islam. The second case study looks at the effects of the Danish Cartoon Affair and analyses the ambiguous representation of the Moors of the past in the celebration of the traditional Moros y Cristianos Festivals. In contrast to the desire to keep the present Moor (Muslim immigrant) invisible, the Moor of the past is made extremely visible (as both an exotic and a barbaric figure). Nevertheless, the celebration of the victory over past Moorish influence in Spain propagates the idea of Christians being the ‘native’ heirs of the territory. It is precisely this discourse that is also used as justification for the opposition to the building of mosques and opening of oratories. The fear of a new ‘invasion’ of Muslims and the ‘re-Islamization’ of Spain therefore should be understood within the

60

Diversity management in Spain

perspective of the historical experience of Muslim rule in the Peninsula for more than eight centuries. It is especially in the effects of the Cartoon Affair where the problems of the interaction between present ‘real’ Moors (Moroccan immigrants) and past ‘imagined’ Moors become explicit; changing the representation of the past Moors in the Festivals is justified by the presence (and fear) of the new Moors. Other recent conflicts of migration-related diversity can also be understood from this perspective of Spanish tradition, such as the racist attacks on mosques and oratories, the rejection of the demand for shared prayer in the mosque-temple of Córdoba, the request by the President of the Islamic Council to include moriscos within the list of priority groups for obtaining Spanish nationality within two years, and criticism of Spanish converts to Islam (see also table 2.1). These conflicts all highlight the importance of the Spanish tradition in shaping the discourses on migration-related diversity presented by ‘new’ Muslim immigrants. However, in contrast to Huntington’s Clash of Civilizations thesis, in Spain the Moor (instead of the Muslim) is traditionally opposed to the Hispanic (rather than the Western) identity. While the Hispanic Self has shifted from being a strong religious to a more cultural identity, the category of the Moor, traditionally meaning the Berbers from North Africa, has become used to highlight the religious (Muslims) and cultural (Moroccans) Other. The binary logic of Moorophobia versus Hispanidad is being reproduced today, as can be seen in both the mosque debate and the effects of the Danish Cartoon Affair, in which Islam is depicted as backwards and barbaric, and Moroccan immigrants are linked to criminality and terrorism35 and opposed to democracy. Muslims in Spain therefore not only present a challenge in terms of religious diversity, but also of socially constructed cultural and political difference. Notes  1 News articles on immigration have been collected since September 2006 from the newspapers El País, El Periódico, El Mundo, ABC and La Vanguardia.  2 The politicization of multiculturalism refers to making challenges of diversity the object of political discourse and electoral campaigns.  3 Constitución Española, 1978 (www.congreso.es/consti/).  4 The Islamic Commission of Spain is composed of two umbrella organizations: the Spanish Federation of Islamic Religious Entities (la Federación Española de Entidades Religiosas Islámicas) and the Union of Spanish Islamic Communities in Spain (la Unión de Comunidades Islámicas de España).



Policy discourses in Spain61

 5 Including the right to receive instruction in Islam in public and private schools, the right to celebrate Muslim holidays and the right to have Muslim marriages recognized under civil law.  6 Another important area lacking implementation is religious education. According to the doctrine of the Roman Catholic Church, religious teaching must be offered in public schools, albeit with freedom of choice. The agreement between the State and minority religions guarantees the right to other religious education in both public and private schools. However, many schools in practice do not provide this opportunity and local governments do not give priority to it either.  7 The Islamic Commission also has the responsibility for appointing imams and selecting school materials (Pérez-Díaz, Álvarez-Miranda and Chulía, 2004: 224).  8 While all serve the purpose of providing Muslims with places of worship, mosques and religious centres are always public and also provide other services, like education or social services. Moreover mosques, like churches, make Islam visible within the public space, as they often have at least one minaret, a tall, slender tower with balconies, used for calling the faithful to prayer.  9 The Madrid mosque is under the influence of Saudi Arabia (wahabíes) and, like most big mosques, receives external financing. The centre, known as the M-30 mosque, has been subject to an investigation by the Bank of Spain and the High Court to determine whether its funds were distributed among institutions or people linked with terrorist activities (Irujo, 2007). 10 The main Moroccan immigrant workers’ organization (ATIME) proposed a system of self-monitoring for mosques led by local and national Muslim councils that would be responsible for the supervision of mosques and appointment of imams, in order to stop the radicalization of Islam financed by Saudi Arabia (Bárbulo, 2004: 14; Granda and Bárbulo, 2004: 21; International Helsinki Federation for Human Rights, 2005: 126). 11 It should be noted, though, that beforehand (between autumn 2000 and  2001), opposition was reported in both Catalonia and Madrid (see Martín-Muñoz, 2003: 121). I will discuss later why opposition is especially ­­deep-rooted in Catalonia. 12 In Premià, the final agreement was signed by the representatives of the Town Council, the Islamic Community (Associació Islàmica Ae-Tauba), the secretary of Religious Affairs of the Catalan government and a representative of the Consell Islàmic i Cultural of Catalonia. In the case of Badalona, the Catalan government and the Junta Islámica Catalana became involved after the building of a mosque became an option. 13 The politicization of the conflict in Premiá also continued after a temporary solution was agreed. While the Eco-Socialist party (ICV) (part of the local government at that time with the PSC and ERC) interpreted the government’s solution as a sign of weakness (giving in to the neighbours’ protests), the conflict also led to the creation of a new political party to stand at the local elections: Veïns Independents de Premià (independent residents of Premià).

62

Diversity management in Spain

14 The only way to obtain voting rights is through naturalization (the acquisition of Spanish nationality). Beyond this paradigm, voting rights can be granted by Art.13.2 of the Constitution, allowing voting rights at local level to immigrants by the reciprocity principle. That means that it is only possible for foreigners to vote in local elections when their countries of origin provide the same right to Spanish nationals (CE Art. 13.2.) 15 A question that first needs to be verified is whether Catalonia presents similar levels of protest to the rest of Spain. We will assume here that Catalonia has similar levels of protest. 16 The data sources used by the Observatorio Andalusí are the Municipal Register of Inhabitants (Padrón municipal), nationality concession data from the Ministry of Justice, data on prisoners from the Ministry of Internal Affairs, numbers on students and professors from the Ministry of Education, completed with data from the Comisión Islámica de España. 17 Although the Islamic Centre Tarik Ibn Ziyad in Barcelona and the mosque in Vic or Terrassa can be qualified as minor mosques (mayid), there is no major mosque (yami’) in Barcelona and the majority of oratories are located in garages or small commercial buildings (Martín-Muñoz, 2003: 119). 18 This is the main framework for A. Astor’s (2010) recent work. 19 Most oratories in Catalonia were established in the second half of the 1990s. This increase has slowed down since 2001 as a consequence of increased protest. According to Moreras (2004: 413), the establishment of oratories should not be understood only as a consequence of the presence of Moroccans in Catalonia, but also as a result of the evolution of demands. The period when many oratories opened coincides with the process of family reunification, which leads to new demands. Motilla (2004: 80–81) makes a similar suggestion, referring to Nielsen (2001), and arguing that the opening of oratories coincides with a predominance of male immigrant workers who change their place of residence due to their temporary labour. When family reunification starts to take place, and families settle down, the cultural and religious demands of the Muslim community change, leading to increasing demands for the building/opening of mosques. 20 The recently approved Estatut (Catalan Constitution) gives the Catalan government exclusive power over religious entities in Catalonia, including the regulation and establishment of collaboration and cooperation mechanisms with religious communities (see Parlament de Catalunya, 2006, Art. 161). 21 According to Moreras, the accommodation of the practice of Islam in Catalan society is probably the best way to normalize the religious plurality in Catalonia and is attributed to the recognition and accommodation of the minority group (see also Moreras, 2006: 50). Similarly, Motilla argues that the building of mosques does not only guarantee the religious liberty of immigrants, but is also a necessary means to facilitate their integration within the host society, as mosques also have a social function and a symbolic meaning (Motilla, 2004: 79–83).



Policy discourses in Spain63

22 The Danish Cartoon Affair controversy began after twelve editorial cartoons, most of which depicted the Islamic prophet Mohammed, were published in the Danish newspaper Jyllands-Posten on 30 September 2005. Muslim groups in Denmark complianed and the issue eventually led to worldwide protests. A European comparative analysis can be found in Lindkilde, Mouritsen and Zapata-Barrero (2009). 23 The absence of a re-publication of the cartoons in the Spanish press seems quite odd, taking into account the centuries-old stereotypes and images of Muslims and Moroccans (see for example Martín Corrales, 2002a). 24 A search in the database My News Online (http://upf.mynewsonline. com/) for articles including the words ‘Mohammed’ and ‘Cartoon’ from 3 February 2006 to 3 March 2006 found 234 articles in El País, 163 in El Mundo, 181 in ABC, 155 in El Periódico, 171 in La Vanguardia and 166 in La Razón. (Only twenty-six articles were found in these newspapers with a search in titles and subtitles only.) 25 A column by the defensor del lector (Ombudsman of the Reader), Sebastián Serrano, also explained that the motives of the editor of the newspaper (Jesús Ceberio) lay in the possibility that the cartoons could be seen as a criminalization of the followers of Mohammed (Serrano, 2006). 26 The columnist Gustavo Bueno, for example, argued that the taboo over the representation of Mohammed is unacceptable in a rationalist society. ‘If Mohammed really existed as a man, he should also be able to be represented’, ran his argument. What led the newspaper Jyllands-Posten to publish the cartoons was a response to the complaint by a Danish writer in the newspaper Politiken fifteen days before, about the difficulties of finding illustrations for a book that explained the life of Mohammed to children. According to Bueno, instead of representing a problem of respect towards Muslims, it instead focused on a pedagogical problem. With an increasing Muslim population in Western societies due to immigration, failing to depict Mohammed only acts against Muslim integration (Bueno, 2006). 27 The platform consisted of more than thirty religious communities and Islamic associations, with people from countries as distant as Morocco and Bangladesh, including Shiites as well as Sunnis. While the organizers estimated the number of participants at three thousand, the Police only documented about three hundred people. Interestingly, the event was not supported by the Consejo Islámico de Cataluña, the most important political body representing Muslims in Catalonia (El Mundo, 2006a). 28 The inclusion of the Festivals of Moros y Cristianos into the annual festive calendar is probably a result of the combination of the soldadescas (the  ­­formation of local militias that guarded the coasts against Turkish navy and Berber pirates in the late sixteenth century which were sometimes dressed as Moors or Turks) and the much older fiesta del patrón (the annual procession of the town’s patron saint) (Harris, 1994: 46). 29 In similar ceremonies, both Moors and Christians parade their troops

64

Diversity management in Spain

through the village and act as owners of the castle by defending it from attacks of the invading opponents (Flesler and Pérez Melgosa, 2003: 155). 30 The official columnist of the Festival in Alcoi, Alfons Jordá, argues that ‘the citizens of Alcoi overcame the differences between Moors and Christians centuries ago: we feel as much the one as the other. Nevertheless, the Moorish group has more prestige, because its ostentation is more exotic’ (Gallardo, 2006). The President of the Junta Mayor de Fiestas de Moros y Cristianos de Elda, Vicente Amat, explains that the controversy arises from ‘taking things out of context’. In the Festivals, he argues, ‘Christians dress like Moors, atheists represent Christians and white skins are painted black’ (El Periódico de Catalunya, 2006). 31 The Reconquest of the castle by the Christians culminates with the destruction of a dark skinned figure with a beard about three metres long, dressed in a turban, carrying an oriental sword in its right hand, which is called ‘the Mohammed’ (Ruiz Sierra, 2006). 32 In Ontinyent, the issue of representation became controversial in 2002, when a group of Moors paraded on a carpet containing Koranic texts (Gadea, 2006). 33 See for example Flesler and Pérez Melgosa (2003), who analyse the changes made in the traditional Festivals of Alcoi. While the association organizing the Festivals in Alcoi refused to change the rule that prevented women from playing major roles in the Festivals and to change the parade routes, it did allow the base of the processional sculpture of San George that is paraded through the town on the last day of the celebrations to be covered by flowers, in order to cover the fallen Moors and hide the violence of the saint throwing arrows (Flesler and Pérez Melgosa, 2003: 164). Interviews with people in the town show that the flowers have been added in order to prevent criticism about a lack of sensitivity to the victimized Moors (Flesler and Pérez Melgosa, 2003: 165). 34 The absence of Moors in New York is therefore not linked to the Cartoon Affair. The decision for practical reasons to send only the Christians to parade through the streets of New York had been taken by Alcoi town council in 2003. 35 This hypothesis was again confirmed by the comment of a Moroccan ­­immigrant in Spain about the trials of the terrorists accused of the Madrid bombings (of Moroccan nationality): ‘The judgment will not change anything. Because if justice is done they will condemn Moroccans, and the Spanish people will continue to think that Moroccans are terrorists’ (Benvenuty, 2007b).



Policy discourses in Spain65

Appendix 2.1:  The Catalonia case study: social opposition and political quiescence Period

Place

Region

Opposition by

January 2000– November 2006

Barcelona (demand for a main mosque)

Catalonia

March–May 2001

Mataró

Catalonia

March 2001

Granollers

Catalonia

April 2001 March 2001– September 2002

Alcarràs Premià de Mar

Catalonia Catalonia

June 2001– March October 2004

Reus (reopening of a mosque)

Catalonia

July 2001– July 2005 August–October 2001 March 2002

Lleida

Catalonia

Torroella de Montgrí

Catalonia

The Catalan government and government of Barcelona Residents’ association and employers’ organization Neighbours and merchants Local government Local government, political parties, neighbours organized in a platform, extremists Local government, residents’ association, political parties Residents’ association and local government Neighbours

Baix Llobregat

Catalonia

Vendrell Badalona

Catalonia Catalonia

Local government and neighbours Local government Residents’ association

Figueres Franqueses del Vallès Vilafranca del Penedès Viladecans

Catalonia Catalonia Catalonia Catalonia

Neighbours Neighbours Neighbours Neighbours

Barcelona (Raval)

Catalonia

Neighbours

Santa Coloma Lliria Sevilla

Catalonia Valencia Andalucia

Neighbours Neighbours Neighbours

Mollet del Vallès Las Navas del Marqués Mallorca Talayuela

Catalonia Castilla-Leon Baleares Extremadura

Vilaboa

Galicia

Neighbours Neighbours Racist group Neighbours and extremists Neighbours

May 2002 July 2002– November 2006 September 2002 February 2003 March 2004 March 2003– October 2004 July 2004–June 2005 October 2004 November 2004 November 2004– April 2006 October 2004 November 2004 October 2005 September 2006 February– December 2006

Source: Own research based on the yearbooks of SOS Racisme, www.webislam, and press releases from a large number of newspapers available within the database ‘My news online’ from 1 January 2000 to 31 December 2006.

Multiple diversity in the education system

3

Multiple diversity in a decentralized education system

Introduction The integration of a growing number of foreign students in primary and secondary schools is a major challenge in Spain today. Over the last ten years, the number of foreign pupils in compulsory education1 has increased rapidly from 43,481 in 1996–97 to 432,800 in 2006–07 (Ministerio de Educación y Ciencia, 2007). This chapter gives an outline of the educational challenges and policy approaches towards the management of immigration-related diversity in compulsory education. In the context of the Spanish decentralized education system, we have conducted separate policy analyses for the central Government and the Catalan government. The main data sources for these analyses are policy documents, interviews with policymakers and a focus group with non-governmental stakeholders.2 The following indicators were used: perceived educational challenges, the multicultural focus of education policy, management of linguistic diversity, management of religious diversity, and organizational and curricular adaptations. Table 3.1 gives an overview of the basic questions that we aimed to answer for each indicator. The remainder of this chapter is divided in three parts. The first part consists of three subsections that address the context of educational challenges related to immigration in Spain. The first subsection outlines how diversity in Spain has shaped the education system since the democratic transition. The second then gives a historical account of how education policy has shifted from exclusion to segregation to a final incorporation of cultural minorities. The educational challenges related to the arrival of immigrants in schools are discussed in the third subsection, with the main debates that emerged in the print media between October 2006 and 2007 highlighted. The second part focuses on policy approaches towards the management of migration-related diversity in education. The first subsection outlines the policy approach of the central Government and considers



Multiple diversity in the education system67

Table 3.1.  Indicators for analysis Indicator

Basic questions

1. Perceived challenges

What are the main challenges of migration-related diversity in education identified by policymakers? How do policymakers think that multicultural conditions in schools should be managed? Is there a positive evaluation of diversity? Is there compensation for language and educational disadvantages? And what about education in/for diversity? What linguistic model is at work? How is language teaching to immigrants managed? And is there an opportunity for immigrants to learn their native languages? Is it possible to study different religions at school? Are schools segregated according to religion, or can different religions be studied in all schools? Have multicultural conditions led to any institutional or curricular changes? If so, what changes have been made?

2. Multicultural focus of education policy

3. Management of linguistic diversity 4. Management of religious diversity 5. Organizational and institutional adaptations

the competences of the various levels of government, while the second discusses the policy approach of the Catalan government. Finally, part three concludes, with a summary of the main characteristics of the Spanish approaches and discourses towards the management of migration-related diversity in education. Contextualizing challenges in a multiple educational system Diversity and the Spanish education system Following the main argument of this book, the main educational challenges posed by immigration have to be understood within the context of the institutional framework that was constructed during the democratic transition in Spain. During this period, education was one of the basic issues that required a political and social consent. The terms of debate were twofold: how to end the Catholic Church’s monopoly on education, and how to manage the emerging diversity related to minority nations (and, to a lesser extent, Gypsies) with their own language, history and ‘societal culture’.3 The decisions that were made frame today’s basic educational challenges related to immigration.4 As regards the first debate on secularizing education, two outcomes are relevant. First, the education system has been divided into public and private schools and what are called escuelas concertadas, which are

68

Diversity management in Spain

schools financed partly by the State and partly by the Catholic Church. The concertada schools are a result of the political negotiation that took place in the transition phase, since the Catholic Church practically had a monopoly over education during Franco’s dictatorship. According to the statistics, immigrant students are concentrated in public schools (80 per cent of foreign students are enrolled in public schools and 20 per cent in private and concertada schools). This has not only led to educational inequalities between Spanish public and private schools, because students from minority backgrounds perform at lower academic levels than their peers, but has also led to the politicization of the issue of segregation of immigrants. Secondly, in spite of the decline in the influence of the Church, Catholic religion is a compulsory course in both primary and secondary education, which means that it must be offered by educational establishments but pupils may now take it on a voluntary basis. The arrival of immigrant students with non-Catholic beliefs has given rise to demands for education in other religions. The second debate is related to Spain’s minority nations. Since the promulgation of the Spanish Constitution in 1978, several autonomous communities of Spain have been (re)granted political and administrative competences. The Spanish education system in this context has also undergone several changes, with the gradual transfer of services and resources from the central Government to the autonomous communities. The Laws of Linguistic Normalization (1983) gave Catalan, Basque and Galician official status in their respective territories and also provided regional authorities with control over the education system and the opportunity to develop bilingual education programmes and distinctive curricula. In autonomous communities like Catalonia and the Basque country, the authorities consequently began a process of ‘normalization’ of Catalan and Basque.5 In both autonomous communities, linguistic departments were established to enforce laws that put the national language on an equal footing with Spanish, also in compulsory education. The social reality of multinationality thus explains some current demands from these autonomous communities and ways of managing bilingualism and now (due to immigration) multilingualism in schools. Incorporating diversity within education law and policy According to Spanish immigration law, foreigners under eighteen years old have the right and obligation to receive education under the same conditions as Spaniards, which means free and compulsory primary and secondary education (see Article 9 of Constitutional Law 4/2000). One



Multiple diversity in the education system69

of the distinctive features is that Spain considers education as a universal asset that must be distributed regardless of individual status (citizen or non-citizen) and even regardless of the administrative status of the immigrant (documented/undocumented).6 The Spanish approach towards education is therefore based on human rights more than other legal considerations.7 As well as this equal opportunities-based approach, immigration law stipulates that public authorities should promote the facilitation of education needed by foreign residents, in order to improve their social integration, with respect for their cultural identity (see Article 9 of Constitutional Law 4/2000). The law that regulates the education system (the Constitutional Law on the General Organization of the Education System, LOGSE, 1990) introduced a series of measures to compensate for inequalities to be adopted by both the State (central Government) and the autonomous communities. The Constitutional Law for the Quality of Education of 2002 also prescribes equal rights of education for foreigners, as well as norms of convivencia (coexistence)8 in schools and the need to provide linguistic assistance. Finally, the Agreements of the State with Spain’s Evangelic, Jewish and Islamic communities establish some religious rights in the educational sphere, such as the right of religious education, the provision of halal meat in school canteens and the right of religious holidays (Aja and Larios Paterna, 2003). Aguado and Malik (2001: 149) point out that although diversity is not new in Spain, the arrival of immigrants has led to new reflections, legislation and educational concerns. Before immigration became a social reality in the 1990s, the factor of diversity was introduced by the gypsy minority on the one hand, and minority nations on the other. While the gypsies highlighted the differences in academic performance between social groups, the issue of language was an explicit challenge in specific autonomous communities with a second official language (especially the Basque country, Catalonia and Galicia). After a period of exclusion and segregation of gypsies within so-called ‘bridge’ schools, they were incorporated into ordinary classrooms with the support of compensatory programmes (Fernández Enguita, 1996). These compensatory programmes were mainly aimed at those ‘disfavoured by economic capacity, social level or place of residence’ (Constitutional Law of 19 July 1980 regulating school statutes). While diversity was not regarded as a factor of inequality, ‘the programme did … include “cultural minorities” as a specific area of action for orientation for the enrolment of the infant population, the regularization of attendance at class and the avoidance of early academic failure’ (Garreta Bochaca, 2006: 266). The development of these programmes should be seen in

70

Diversity management in Spain

the context of Spain adopting the notion of equality of opportunity much later than and in a different manner from other Western countries. The 1990 LOGSE was the first to mention the need to fight ethnic– cultural (and sexual) discrimination and, in line with the Council of Europe, introduced the idea of intercultural education programmes (Terrén, 2001). First, the law states that special education9 needs to be provided to ‘those pupils with special educational needs, because they suffer physical, psychic or sensory disabilities, serious behavioural disorders or are in disadvantaged social or cultural situations’. Culture is therefore understood as one of the variables that can lead to disadvantages. It also sets out an educational system that compensates for inequalities without any parallel action, meaning that all students, regardless of their socio-cultural background and ability levels, have the right to be educated in general classrooms (Garreta Bochaca, 2006: 266). Secondly, intercultural education focuses on adopting curricular and structural changes that celebrate the diversity of culture, gender, religion, and so on. In spite of the attention to diversity in the 1990 law, the implementation of intercultural education has been ambiguous (see for example Aguado and Malik, 2001). Originally developed to integrate the gypsy minority in mainstream schools, the idea of compensatory programmes has been applied to immigrants since they started to enter classrooms in the 1990s. The main aim of these programmes is to solve the linguistic difficulties encountered, as well as to bridge cultural and ability gaps. Within these compensatory programmes, diversity is dealt with based on a deficit approach. It is thus a form of positive discrimination, including special treatment for special students and carried out by specific teachers (Arnaiz and Soto, 2003: 376). While compensatory programmes are aimed at marginalized groups in general (including ethnic groups), the so-called aules d’acollida (reception classes) are directed specifically at immigrants and consist of separate classes for immigrants who join them to learn the language and ways of behaving at school. These reception classes should be understood in the context of a political orientation that has been directed at what Spanish policymakers call normalización (normalization), the aim of incorporating immigrants within the mainstream of society, avoiding any direct/indirect segregation effect. It is also common for secondary students to be placed in the year group a year below their actual age in order for them to learn the language and cope with normal school work. Many schools also have a specialist teacher, the so-called ‘cultural mediator’, who helps immigrant children and their parents with social integration in the education system, by



Multiple diversity in the education system71

resolving problems related to language difficulties or cultural differences. The educational research centre CIDE (2005: 65–66) says that as well as reception plans (planes de acogida) some autonomous communities have adopted special education programmes, including changes to the organization of schools and adaptation of curricula which are in line with the idea of ‘intercultural education’. Compensatory education programmes are thus segregated from the standard curriculum and are implemented by specialized teachers, in order to compensate for students’ differences in language, culture and ability levels. Intercultural education, on the other hand, is aimed at creating the tolerance and solidarity necessary for educational equity and social justice among all students. It therefore should not be identified with education for immigrant students, but as a means for all students to coexist and cooperate within a multicultural society10 (Muñoz, 1997). Neither should it be identified with multicultural education, which is understood by policymakers in Spain as the segregation of homogeneous cultural groups. Intercultural education instead takes the conflicts of a multicultural reality as its starting point and aims to foster interaction between students from different cultural groups (Colectivo Amani, 2004: 47–50). According to Etxeberria, the historical evolution of the management of diversity in Spain can be summarized by a movement from assimilation, to compensation, to multiculturalism, to intercultural education. While the latter two are often used in an interchangeable manner, intercultural education is different from multicultural education, because it does not focus on cultures as separate groups, but aims at communication and dialogue and is part of the terminology of the Council of Europe (Etxeberria, 2002: 15–16). It therefore goes beyond the liberal–assimilationist world view, by demanding both a real change in curricular content and strategies, as well as changes in the level of cultural competence (Aguado and Malik, 2001: 151). The importance given to the development of (research on and debates about) intercultural education can be seen by the numerous ­­ congresses and seminars organized, websites launched,11 and books and articles published on intercultural ­­education in recent years. Most of the academic work on multicultural and/or intercultural education in Spain is ­­ done by academics working in the fields of ­­education/pedagogy, anthropology or sociology.12 In this chapter, we adopt a political approach, by examining the management of diversity within Spanish education policies. This involves analysing the challenges of education in terms of what Zapata-Barrero called ‘educación como espejo de la sociedad’ (education as the mirror of society) (Zapata-Barrero, 2002: 215).

72

Diversity management in Spain

Educational challenges as a reflection of social challenges From an educational perspective, the academic underachievement of immigrant students13 is the main challenge, including the large number of foreign students that fail to finish compulsory schooling and the large number that leave school after compulsory education (Playà Maset, 2007). These factors can be explained by a combination of socio-economic, cultural and pedagogic variables.14 Another important challenge beyond the scope of this book is the relatively low numbers of foreign students in post-obligatory education. The proportion of foreign students is about 13.5 per cent in primary and secondary education, while they account for only 6 per cent and 9.7 per cent in undergraduate university and professional education (La Vanguardia, 2007). Our focus here is not on academic achievement, but on challenges related to the management of diversity in compulsory education. We have identified three categories of challenges in the written media15 related to the presence of immigrants in Spanish primary and secondary classrooms: the concentration of immigrants in public schools, curricular challenges and institutional challenges. Concentration of immigrants in public schools Although immigrants by law have equal access to public-financed schools (public and concertada schools), 82.1 per cent of immigrant pupils are concentrated in public schools (Aunión, 2007; Benito, 2007).16 The concentration of immigrants is believed to have a negative effect on the quality of education, and there is a fear that school segregation leads to marginalization and social fragmentation, and creates social conflict like that experienced in other European countries, such as France, the United Kingdom and the Netherlands. These concerns have led to criticisms of admission policies, and especially the lack of inclusion of immigrants in the concertada schools. The new Education Law (LO 2/2006, of 3 May) approved without the agreement of the main opposition party (PP), introduced the regulation of admission of students with special needs (including immigrants) of up to 10 per cent per classroom. In Catalonia, a quota policy has been introduced to regulate immigrants’ admission in general, as well as specific financial measures promoting immigrants’ admission to concertada schools. The introduction of a quota policy has not been without criticism. One criticism is that forced redistribution does not reflect social reality. The Director of Immigration of the Basque government, Roberto Marro, for instance, states that ‘immigrants need to integrate in their own neighbourhood and go to school there. You cannot solve this question [of ­­segregation]



Multiple diversity in the education system73

by educational policies of admission’ (Azumendi, 2007). The discriminatory and racist nature of the policy is also apparent, because it only aims at the redistribution of foreign pupils and not of natives (Deia, 2007). On the other hand, the parents’ association, Federació d’associacions de Mares i Pares d’alumnes de Catalunya, criticizes the new admission policy in Catalonia for discriminating against natives, because only immigrants are guaranteed free access to concertada schools, and they also receive the majority of becas de comedor (lunch grants). The association argues for an equal distribution of resources instead of positive discrimination in favour of immigrant students (Pérez, 2007). Curricular challenges: confessional education, education for citizenship and language education17 Immigration has also triggered debates about curriculum changes. First, there is the question of confessional education. The Socialist Government proposed making religion optional (without a compulsory alternative) in order to comply with the constitutional principle of the Spanish non-confessional State. Arguments against this proposal came from the Catholic Church and the Conservative party (Partido Popular), which presented their demands for Catholic education to remain mandatory, because, according to them, 90 per cent of Spanish families want Catholic classes and 70 per cent think religious education should be mandatory. After a number of clashes between the two parties, the Government approved a regulation for religious education without the blessing of the bishops, but which met many of their demands. Catholicism retained its prominent place within the public education system, as it must be offered in public schools, although students are free to choose whether to study it. While no alternative need be provided in primary schools, in secondary schools an alternative subject – the history of religions – should be offered, but students are also free to choose neither of these options (Morán, 2006; Rodríguez de Paz, 2006). The debate on religious education highlights the struggle of the Catholic Church to maintain power within the Spanish education system. As far as other religions are concerned, the Agreements between the Spanish State and the Jewish, Evangelical and Muslim communities guarantee the right of religious education in both public and private schools, but in practice many schools do not provide this possibility (El Périódico de Catalunya, 2004; Andújar, 2005). For example, the Islamic community of Spain highlighted the fact that there are only thirty-three Islamic teachers working in public schools in Spain, while there are some 74,000 Muslim students. Moreover, of the three concertada schools that are not

74

Diversity management in Spain

Catholic, none of them is Islamic (two are Evangelical and one is Jewish) (Sahuquillo, 2007). Secondly, and related to the above, is the introduction of a new course called ‘Education for Citizenship and Human Rights’ (Educación para la ciudadania y derechos humanos) which was introduced as a compulsory course under the new education law.18 The new subject is aimed at teaching individual and social ethics and democratic values, and includes topics such as climate change, human rights, immigration and diversity. It will be introduced into the timetable of the fifth or sixth years of primary school, and in one of the first three years of secondary school. The idea took shape after recommendations from both the Council of Europe and the European Union.19 The new subject has been the focus of a great deal of criticism and debate in Spain. The many newspaper articles and commentaries show that the main argument for is the need to create democratic citizens and prevent inequalities between sexes, minorities, and so on. Arguments against the new course come from the Catholic Church and related groups20 which argue it might lead to value indoctrination by the State and goes against the freedom of ideology and religion.21 On several occasions, comparisons have been made to Franco’s educational policy of creating a national spirit. It can be argued that those who wanted to retain religion as a compulsory subject on the official curricula are against the introduction of the new subject. However, secularists also object to the new subject, but for different reasons. From their perspective, a special course is not enough and what is needed is a comprehensive and broad-based approach of intercultural convivencia, which includes a transformation of the teaching and curricula of all subjects. Another challenge in autonomous communities with two official languages (like Catalonia, our case study) is the question of language education. In Catalonia, the teaching of the national language is an important part of the policy for recognition. The Catalan government recently criticized the new State decree establishing the basic content of the curriculum (55 per cent of the curriculum is determined by the central Government), which included the introduction of an extra hour of Spanish language teaching every week in primary schools. This was regarded as coming into conflict with the recently approved Catalan constitution (Estatut). The Catalan government accused the central Government of interference in its competences and petitioned the Constitutional Tribunal (Beltrán, 2007b). Another incident that obtained newspaper coverage was a ruling by the Catalan Court that obliged a school in Badalona to provide one of its students with a minimum of four hours of classes in Castilian, as it was obliged to by law, after a complaint by parents (Agencia de Noticias EFE, 2006b).



Multiple diversity in the education system75

Institutional challenges: the Muslim headscarf, halal food and the celebration of religious holidays Although some public opinion polls show that 61 per cent of the population is against Muslim girls wearing the veil in school (La Razón, 2007), the use of the Muslim headscarf in public schools has not been as controversial as in other European countries, and there are no laws or policies on this issue in Spain. A debate on the presence of religious symbols in the public space promoted by the Socialist Government showed that opinions in Spain are divided among those who defend religious symbols in the name of religious freedom and those who would like to see the prohibition of religious signs in the public sphere in the name of liberal–republican values (Pérez-Barco and Bastante, 2007; Martí, 2007). The lack of policy has led to some incidents in practice where Muslim girls were not allowed to wear the veil or where the school did not know what to do. A public school in Girona (Catalonia) recently prohibited a girl wearing the Islamic veil (hiyab) from attending classes based on internal regulations of the centre which prohibited all items of discrimination. This decision was reversed after intervention from the Catalan government, which placed the right to education above that of regulations of (religious) symbols (see for example Beltrán, 2007d; Galán, 2007; Iglesias, 2007). The incident led to demands from schools for public regulation of religious symbols, rejected by the President of the Catalan government on the grounds that ‘this is not necessary in this country at this time’ (Escriche, 2007). In Ceuta, the Ministry of Education (MEC) intervened to ensure the return of two girls wearing a veil to a concertada school. Once again, the argument was based on the prevalence of the right to education over religious symbols (El Mundo, 2007c). The question of religious symbols in the public space has not been confined to Muslim symbols. For example, in the autonomous community of Castilla y León, the parents of four students in a school criticized the presence of crucifixes in the classroom. The Council of Education of the autonomous community in question asked them to be ‘tolerant’. Its argument was based on the fact that a cross means different things to Catholics, agnostics and others and therefore falls within the realm of convivencia (peaceful coexistence) (Europa Press, 2006b). The accommodation of cultural and religious demands, like the availability of halal food or cultural and religious holidays, is legally determined within the Agreements between the State and Spain’s minority religions. The lack of these accommodations in practice shows that there is not yet a common acceptance of cultural pluralism in schools. Two examples illustrate this point. First, when a school in Zaragoza (in

76

Diversity management in Spain

the autonomous community of Aragón) decided to end its celebration of Christmas, because of the diversity of cultures and religions among its students, it received a great deal of criticism from parents’ associations (Rodríguez de Paz, 2006). Secondly, and similarly, the decision of the Catalan government to change the name of a school in Barcelona from ‘CEIP Juan XXIII’ (a pope) to ‘Rosa dels Vents’ for ‘multicultural’ reasons was fiercely criticized by the Catalan Popular Party (Subirana, 2006). Policy approaches to managing diversity in education The main data sources for this analysis consist of: 1) integration and education policies and 2) interviews with the policymakers concerned. In addition, we organized a focus group in Catalonia containing representatives of teachers, parents, immigrants and cultural associations. Table 3.2 gives an overview of the data collection. Central Government Context and basic challenges Foreign students were estimated to represent 8.4 per cent of the total students in non-university education22 in 2006–07. The largest groups of these foreign students (42.9 per cent) came from Latin American countries, followed by students of European (28.3 per cent) and Table 3.2.  Levels of analysis and data sources Level of analysis Central Government

Catalan Government

Data sources Integration policy

Education policy

1. Strategic Plan for Citizenship and Integration 2006–09 (Plan Estratégico de Ciudadanía e Integración 2006–09) 2. Interview with policymaker responsible 1. Citizenship and Immigration Plan 2005–08 (Pla de Ciutadania i Immigració 2005–08) 2. Interview with policymaker responsible

1. Programme for Attention to Immigrants (Programa de Atención a Inmigrantes) 2. Interview with policymakers responsible 1. Language and Social Cohesion Plan (Plan para la Lengua y la Cohesión Social) 2. Interview with policymakers responsible 3. Focus group with nongovernmental representatives active in the Catalan educational field



Multiple diversity in the education system77

African (19.5 per cent) origin. The majority of foreign students went to public schools (10.4 per cent), while only a few were enrolled in private centres (4.6 per cent) (Ministerio de Educación y Ciencia, 2007). The current Zapatero administration has given a new boost to immigrant students, by investing 42 per cent of the integration budget in education in areas with a large immigrant presence. Moreover, a new Education Law was passed in 2006, which introduced new regulations on admissions policy, changed the curriculum with regard to religious education, introduced the subject ‘education for citizenship’ and established ‘attention to diversity’ as a basic principle of the education system. Apart from the low level of academic achievement among foreign pupils, the concentration of immigrants in public schools and changes in the basic curriculum have been important challenges for the central Government. Within the central Government, the Education Ministry and Integration Secretariat are the main institutions that develop the preconditions for education and integration policies at the autonomous community level. It is important to note that the Integration Secretariat is accountable to the Ministry for Employment and Social Affairs and implements a broad-based integration programme that includes (but is not confined to) action within the educational sphere. With regard to State education policy, the State’s power is largely confined to regulating the fundamental elements of the system. The autonomous communities have regulatory powers to expand on the basic standards set by the State, and to regulate non-basic elements or features of the education system, as well as having management powers over the system in their own territory. For example, the autonomous communities use the core curriculum established by the central Government as a starting point for their own official curricula (first level of curricular formulation), after which educational establishments adapt and expand on this basic curriculum (the second level of curricular formulation).23 The remainder of this section will discuss the policy approach of the central Government with regard to the management of diversity within the area of education. The next section will then consider the framework provided by the Strategic Plan for Citizenship and Integration (Plan Estratégico de Ciudadanía e Integración 2007–10) developed by the Immigration Secretariat (IS). The third section will look at the approach of the Ministry of Education and Culture by analysing its ‘programme for attention to diversity’. These findings are complemented and contrasted with the results from interviews with policymakers of both the Secretariat of Immigration and Emigration and the Ministry of Education.24

78

Diversity management in Spain

Strategic Plan for Citizenship and Integration 2007–10 The Secretaría de Estado de Inmigración y Emigración (State Secretariat of Immigration and Emigration) of the Ministry of Labour and Social Affairs has recently developed a new integration programme (Plan Estratégico de Ciudadanía e Integración) that gives a new impetus to integration policy. The plan aims to stimulate a broad range of immigration policies in the fields of reception, education, employment, housing, social services, health, youth, non-discrimination, women, participation, raising awareness and development cooperation. The plan provides the political framework for integration programmes, while in practice integration policy is mainly a responsibility of regional and local authorities. This is partly due to the territorial political structure of the Spanish State, which makes the central Government responsible for border control, while reception policy and social integration of immigrants are the responsibility of the autonomous communities and local administrations. In the plan, immigrants are defined as ‘new citizens’ and are also called ‘immigrant citizens’, in contrast to ‘native Spanish citizens’. Citizenship is one of the main principles of the State policy on integration (as well as equality and non-discrimination and interculturalidad), implying the recognition of immigrants’ civic, social, economic, cultural and political participation. Citizenship is defined in a republican (civic) sense as shared by immigrants and Spaniards alike, while differences are determined by nationality. Integration is explicitly defined as a continuous process of mutual adaptation within the framework of basic values shared within the European Union.25 The conception of integration is based on the EU framework of ‘common basic principles for integration policy in the European Union’, while integration refers to ‘a bidirectional process and dynamic of mutual adjustment for all immigrants and residents of the Member States’, implying ‘respect for basic values of the European Union’ (Council of the European Union, 2004b). As a result of this approach towards integration, the integration plan is directed at both old and new citizens. Spanish policymakers are aware that they can learn from ‘good’ and ‘bad’ practices of countries in Europe with longer-standing immigration, although no clear model is followed. There are instead specific Spanish interpretations of integration. First, the bi-directional process of integration is based on the concept of convivencia intercultural. Convivencia is often used as a synonym for integration and literally refers to ‘living together’. Interculturalidad is another principle of the plan, and refers to interaction between individuals from different origins and cultures that leads to the positive valuation and respect of diversity. Convivencia



Multiple diversity in the education system79

intercultural therefore refers to living together in an atmosphere of solidarity, tolerance and respect, recognizing cultural, religious and ethnic differences. Unlike the concept of diversity, people from different origins and cultures (autochthon and immigrant citizens) should interact, rather than create so-called ‘parallel lives/communities’. Another concept specific to the Spanish interpretation of integration is the aim of promoting and guaranteeing the so-called ‘normalization’ of immigrants’ access to public and private services (including education). The term ‘normalization’ aims to promote civic participation and enjoyment of immigrants’ rights by the same bureaucratic and legal means which normally regulate Spanish citizens’ participation in society, without creating special policies of positive discrimination. The challenge of immigration in the public policy field of education is twofold. On the one hand, immigrant citizens demonstrate the quantitative and qualitative insufficiencies of the Spanish education system, which is in need of adaptation. This is made explicit in the priority actions for promoting measures against segregation in schools and reception, and teaching educational staff about diversity and an intercultural approach. On the other hand, education provides the conditions for integration in the host society, which leads to the need for the promotion of language teaching and basic social conduct in the society of reception. That education is regarded a priority field in both senses becomes clear in the distribution of resources. The General Direction of the Integration of Immigrants (GDI) explains that 45 per cent of the support fund for the integration of immigrants (containing some two hundred million euros) divided among the autonomous communities is allocated to education.26 This sum of money should be used for several actions, including the development of reception plans, the promotion of convivencia intercultural, the maintenance of students’ culture of origin, the promotion of non-compulsory schooling of children before the age of six and the promotion of adult education. The role of the Immigration Secretary is therefore confined to providing resources and a framework of priority actions of integration in the area of education that need to be developed further at the regional level. Education policy: attention to diversity and intercultural education The new Education Law establishes attention to diversity as a basic principle of the education system, which aims to provide an adequate response to the educational demands required by the diversity of students, without any type of exclusion. All citizens, both immigrants and Spanish citizens, should achieve the maximum possible development in education and be guaranteed equality of opportunities. One of the MEC

80

Diversity management in Spain

representatives we interviewed explained that the disappearance of the words ‘immigrants’ or ‘children of immigrants’ in the new law points towards a change in discourse. Groups like immigrants are no longer treated separately and the focus is on integrating different groups within the classroom, rather than separating them. One of the main initiatives of the new education reform has been to programme admissions to schools in concertada and public centres in order to guarantee an adequate and stable distribution among schools of students needing educational support, a category that mainly includes immigrants. However, the autonomous communities are free to develop policies to reach this aim, as the schooling process is the responsibility of the educational administration of the seventeen autonomous communities, except in the case of the cities of Ceuta and Melilla, which are directly managed by the Department of Education and Science. As far as the curricular competences of the Ministry of Education are concerned, the law (LOGSE, 1990) states that the basic contents of the core curricula cannot account for more than 55 per cent of the timetable in the autonomous communities with an additional official language other than Spanish (like Catalonia, the Basque country and Galicia), and no more than 65 per cent in those that do not have another official language. The remainder of the curricula is completed by the autonomous communities (CIDE, 2002: 37). The most important curricular change in the new law is the introduction of the new subject of ‘Education for Citizenship’, which, according to one MEC representative, ‘is facing brutal opposition by the Catholic Church, despite being a normal subject in all European schools’. Another change is the regulation of religious education. According to the doctrine of the Roman Catholic Church, Catholic religious teaching should still be available in public schools, albeit on an optional basis, and an optional alternative should be provided in secondary education. Apart from admission policy and the development of a part of the curriculum, the Ministry of Education has only a few competences in the definition of education policy related to the management of diversity. Specific policy programmes developed by the Ministry of Education include the teaching programme on Arabic Language and Moroccan Culture, the Portuguese Language and Culture Programme, and the ‘Attention to Immigrants’ programme. The first two programmes are the result of bilateral Agreements with Morocco and Portugal to promote the preservation of languages and cultures of origin. Teaching immigrants in their languages of origin is not part of the basic curriculum, but Agreements have been made with the Governments of Morocco and Portugal, which provide teachers to teach in their native



Multiple diversity in the education system81

language during or after school hours. The ‘Attention to Immigrants’ Programme seems most important, despite not being very extensive. In a one-page document, the Ministry mentions the idea of immigrants being citizens, by stating that free compulsory education is to be guaranteed for both native and immigrant citizens. However, equality of access does not guarantee equality of opportunity. For this reason, the instrument of so-called ‘compensatory programmes’ should ‘reduce’ the differences in education levels (i.e. compensating for language and educational gaps). This compensatory education is compulsory whenever such needs arise in a school, but the way it is put into practice may differ depending on the preferences of autonomous communities. However, in schools under the jurisdiction of the central Government (as in Ceuta and Melilla), children with special needs attend special classes during school hours. Finally, the Ministry of Education is fostering the integration of immigrant pupils in the education system by developing special materials for teachers who work with immigrants, within the context of ­­compensatory education or intercultural education. One of the MEC representatives points out that it is important in this respect to distinguish between ‘attention to immigrant pupils’ on the one hand and ‘intercultural education’ on the other. While the former refers to compensatory education in order to compensate for language and educational competences, the latter is aimed at an attitudinal change of all pupils in order to respect and value diversity. The MEC representative explains that one of the roles of the Ministry is to provide materials and best practices for intercultural education. In this context, the Ministry has created a Resource Centre for Attention to Diversity in Education, a website and network that aims to be a response to the concerns of professionals in the educational and social spheres with regard to diversity.27 Implementation of policies28 Two autonomous communities are mentioned by the GDI as being most successful in terms of managing diversity in the area of education: Murcia and Cantabria. However, official evaluations of the new Integration Plan are as yet unavailable. The GDI points out that although there are improvements aimed at including intercultural education, a great deal needs to be done in terms of adapting curricula to a multicultural society and there is a great deal of variation between the different autonomous communities. As well as the implementation of intercultural education, adult education and teacher training also need attention, according to the GDI. When the MEC representatives were asked about the implementation

82

Diversity management in Spain

and evaluation of ‘attention to diversity’ in education policies in the autonomous communities, they refused to give normative judgements, as they do not regard themselves as competent to do so and lack information. This highlights not only the highly decentralized nature of the Spanish education system and a clear division of competences, but also a lack of the evaluation of policies. The MEC respondents argued that they ‘have the feeling that Autonomous Communities are working hard to integrate immigrant pupils in schools’. Only one of the representatives was finally prepared to say that while the theoretical discourse of the Ministry is not to follow the line of assimilation, ‘in practice we might run the risk of doing this’. An example of this is the focus on language compensation, while there is almost no support for teaching of immigrants’ languages of origin. The Catalan government Context and basic challenges The management of immigration in Catalonia takes place in a specific context, because Catalonia is a minority nation within the Spanish State. Immigration adds a second variable to the social reality of diversity and affects the process of nation-building. It therefore not only requires a discussion about rights and non-discrimination, but also about the language of identity, the use of political instruments of self-government29 and language policy (Zapata-Barrero, 2007: 179). Immigration presents a potential danger to Catalan culture and identity, especially with regard to the future of the Catalan language. With a bilingual education model, but a majority of pupils speaking Spanish to their peers inside and outside the classroom (Departament d’Educació, 2007a: 6), the Catalan language is believed to be in danger. Zapata-Barrero (2007: 191) also points out the effects of immigration on the Castilian language, by immigrants coming from Central and South America. As a consequence, Catalan language immersion is one of the main policies of the Generalitat with regard to immigrants’ integration. The percentage of immigrants in Catalan classrooms has increased rapidly over the last decade. In compulsory education, immigrant students only accounted for 0.8 per cent of the total students in the 1991–92 academic year, compared with 10 per cent in 2004–05 and 12.5 per cent in 2007–08. Most immigrant students come from Latin American countries (44 per cent), North African countries (26.5 per cent) and non-EU European countries (11 per cent). As in the rest of Spain, most are



Multiple diversity in the education system83

­­ concentrated in public schools (14 per cent of immigrants in public and 4 per cent of immigrants in private schools) (Generalitat de Catalunya, 2005: 27; Departament d’Educació, 2007a). When policymakers in Catalonia were asked about the main challenges, they all stressed the need for Catalan society to perceive diversity as enrichment and an opportunity, rather than as a problem. According to them, the main challenge is therefore the need for a change in public attitudes towards diversity, in which cultural mixing becomes a preference and segregation is the basic fear. Within the area of education, an important role is given to teachers’ ability to teach this intercultural approach and teacher training is therefore one of the most important challenges. Another major challenge highlighted in the focus group was the lack of participation by immigrants in after-school activities and by parents of immigrants in schools’ and parents’ associations, and the lack of availability of grants for lunch and transport. In order to prevent segregation, one of the main outcomes of the National Pact on Education of 20 March 200630 was the regulation of admissions of foreign students to public and private schools, with a maximum quota of 30 per cent foreign students per school established. In order to achieve this goal, the Generalitat will finance concertada schools that admit immigrant students (by signing special contracts31), provide extra finance to schools with students that have specific needs (mainly immigrants) and instal schooling commissions that provide information about available places in schools. The limit to these antisegregation policies is parents’ right to choose a school for their children. Other points in the Pact include the introduction of so-called ‘intercultural mediators’ to stimulate social integration, the regulation of religious education (including the possibility for non-believers to study an alternative course), the introduction of ‘education for citizenship’ (educación para la ciudadania) and the regulation of the hours allocated to Spanish and Catalan language teaching (Generalitat de Catalunya, 2006). The remainder of this section will discuss the Generalitat’s policy approaches with regard to the management of diversity within the area of education. Two Plans will be discussed: the Citizenship and Immigration Plan of the Catalan Immigration Secretariat and the Language and Social Cohesion Plan of the Catalan Education Department. A short note on the implementation of these policies will then follow, before going to the concluding remarks. The findings are complemented and contrasted with the results from interviews with policymakers and a focus group with non-governmental stakeholders.32

84

Diversity management in Spain

Citizenship and Immigration Plan (2005–08) The Citizenship and Immigration Plan developed by the Immigration Secretariat follows up two previous Interdepartmental Immigration Plans (from 1993–2000 and 2001–04) and has a new focus on (local) citizenship, in which both immigrants and non-immigrants are conceptualized as ‘resident citizens’ (Generalitat de Catalunya, 2005: 158). This new concept of citizenship refers to equal rights and responsibilities for all Catalans, regardless of nationality or legal situation. Residence is the criterion of this citizenship, which is defined as ‘pluralistic’33 and ‘civic’. Apart from defining immigrants as citizens, immigration itself is conceptualized as an enrichment of the receiving society, in economic, social, cultural and political terms (Generalitat de Catalunya, 2005: 153). While the Generalitat has attempted to go beyond the category of ‘immigrant’, which is so often associated with segregation, the new conceptualization of ‘resident citizens’ is not exempt from criticism. Some representatives of immigrants’ associations in the focus group argued that the new discourse of the Generalitat reproduces a negative stereotype of the word ‘immigrant’ and makes citizenship an empty concept. In the words of one of the representatives: ‘We don’t like to be called citizens when we do not have the right to vote.’ As well as rhetoric about the need for respect and recognition of diversity, the need for the management of this diversity is also addressed. In order to maintain equality within diversity, the Plan introduces two concepts: disadvantage and impartiality. While the first objective is related to overcoming discrimination and guaranteeing inclusion, impartiality needs to be applied when dealing with the accommodation of different cultures, favouring neither one nor the other. The policies needed to foster equality (and prevent disadvantage) are linguistic in nature. According to the policymakers we interviewed, knowledge of Catalan is not only an important condition for providing equal opportunities, but is also an instrument for fostering national identity. Language is seen as the element that different cultures should share, and for fostering identification with the Catalan nation. The latter is important, as the representative of the IS states: ‘An immigrant is only regarded integrated by the people when he/she speaks Catalan.’ However, one of the representatives of teachers in the focus group pointed out that knowledge of the Catalan language is not always sufficient: ‘Although all immigrant pupils talk in Catalan, they do not feel Catalan.’ These remarks illustrate that, in spite of a new language of citizenship-based residency, the question of belonging has not been resolved. While disadvantage is underpinned by the need for equal opportunities,



Multiple diversity in the education system85

impartiality is linked to the notion of interculturalism, which is defined as ‘an attitude and behavior based on empathy and mutual understanding’ (Generalitat de Catalunya, 2005: 160). However, instead of being a theoretical concept, ‘interculturalism’ can instead be understood in terms of a principle for the management of diversity in practice, solving conflicts by negotiation and dialogue. When the representative of the IS was asked what was meant by ‘interculturalism’, it was explained as being a model somewhere between the French assimilative and British multicultural models. When challenges arise, such as wearing the veil, requests for religious holidays and so on, the school should manage these challenges by dialogue, and the Generalitat has no official policy to that end. The IS admits that the policies of the current government are closest to the French civic assimilation model, because of the importance of Catalan, although it wishes to develop a new ‘intercultural’ model. Integration is referred to in the Plan as a ‘two-way, dynamic process with continual, mutual adjustments between immigrants and local inhabitants’, but is mainly mentioned in the context of the basic values of the European Union, as defined by the Council of Europe on 19 November 2004 (Generalitat de Catalunya, 2005: 161). Instead of ‘integration’, the Plan refers more often to the concept of ‘coexistence’ (convivencia), a term that describes the ‘common public behavior which allows people to coexist with each other based on their respect for rights and responsibilities’ (Generalitat de Catalunya, 2005: 159). Although the emphasis on coexistence highlights the rejection of an assimilation approach, integration in Catalonia is by no means multicultural, a word that has negative links with ethnic segregation.34 The incompatibility of the idea of segregation and the Catalan conception of integration is explicitly mentioned in the Citizenship and Migration Plan: ‘Spatial segregation is incompatible with favoring integration and mutual understanding’ (Generalitat de Catalunya, 2005: 157). However, not all policymakers and focus group participants agreed with the policies that have been designed by the Generalitat to fight school segregation.35 The Plan distinguishes between the reception policies, equality policies and accommodation policies to be implemented in different sectors (i.e. social, labour, housing, health, education, etc.). The Department of Education is responsible for the development of seven programmes: reception classes (aules d’acollida), the distribution of pupils from foreign backgrounds in educational establishments, non-compulsory schooling, training professionals in educational establishments, training in the language and culture of origin, education plans for the (school) environment, and the training of professionals managing diversity and workshops in Catalan to enforce social cohesion. The sector Plan by

86

Diversity management in Spain

the Department of Education (the Language and Social Cohesion Plan) is therefore one of the basic reference points for the Citizenship and Immigration Plan. Language and Social Cohesion Plan (2007) The Education Department’s Language and Social Cohesion Plan is aimed at promoting and consolidating social cohesion, intercultural education and the Catalan language, in a multilingual framework. Like the Immigration Plan’s focus on all ‘citizens’, this Plan is aimed at ‘all students in Catalonia, regardless of their background, situation or origin, and is intended to strengthen the foundations of a democratic culture based on justice, dialogue and coexistence’ (Departament d’Educació, 2007a: 5). As well as students, the Plan defines actions aimed at teachers, families and the local environment. The Sub-director of Language and Social Cohesion (LSC) explains that the policies to manage diversity developed by the Education Department can be understood in terms of the concept of a highway. The aules d’acollida (reception classes) should be understood as a first step for immigrant pupils to enter the highway, where Catalan is the vehicle’s language. The second step takes place in the education centres as a whole, where an ‘intercultural approach’ needs to be implemented and to affect all pupils. The third step is to adapt the school environment to diversity and an intercultural approach, which has led to plans d’entorn (local education plans, consisting of creating a local educational network for achieving academic success by pupils). The starting point is to guarantee equality for all and respect for diversity. The representative of the Interculturality and Social Cohesion Service (ISCS) describes this as follows: ‘We were mono-cultural and now we have to recognize that we have to live together with different cultures.’ Both the ISCS and LSC stress that diversity must be seen as an enrichment of Catalan society and its schools. The Plan stresses that schools are seen as a laboratory of society, in which ‘pupils from different cultural backgrounds, as citizens, can build a new, shared and non-exclusive identity’ (Departament d’Educació, 2007a: 3). In this ­­ context, the LSC states that all schools should ideally have between 10 and 30 per cent immigrants. ‘A concentration of immigrants greater than 30 per cent creates management problems, while less than 10 per cent means giving pupils a limited vision of our globalized world.’ According to the LSC, segregating cultural groups not only creates problems in the long term, but also does not fit in with ‘the Mediterranean culture of proximity’. According to the LSC, ‘The idea of multicultural neighbourhoods does not work here, because the idea of a public sphere



Multiple diversity in the education system87

is more important, in which intercultural – not multicultural – convivencia is made possible.’36 The ISCS takes a similar position: Catalan society does not like ghettos, and we want everybody to relate with everybody. The idea is therefore to prevent exclusion and to create the situation in which everyone coming to Catalonia will feel Catalan within a short time, without rejecting what they are. We believe in multiple identities, and think that you can never renounce your identity but that you can integrate in new identities, which in this case is the Catalan identity we have here.

The term ‘interculturality’ was coined in 1992 when the Department of Education defined the curriculum for primary and compulsory education (see Department d’Ensenyament, 1992). According to Carrasco (1999), the guidelines and resolutions from the Council of the European Union about responses to racism and xenophobia underpinned the new focus. When a ‘transversal axis on intercultural education’ was proposed for schools in 1996, the concept became more developed in terms of the need to develop attitudes for respecting diversity by way of ­­openness, respect and dialogue in order to prepare pupils for life in a culturally diverse society (Departament d´Ensenyament, 1996). Intercultural education meant giving all pupils ‘cultural competence’, consisting of positive intercultural attitudes, improvement of personal cultural self-conception, strengthening coexistence and improving equality of opportunity for all pupils (see Garreta Bochaca, 2006: 268). The policy documents and interviews with policymakers analysed reveal that this conception of ‘interculturality’, as an attitude rather than a policy doctrine, remains in force today. It basically means the positive evaluation of diversity and the need to create bonds of solidarity between ‘different’ citizens (Departament d’Educació, 2007a: 12). The ISCS describes it as a tool for fighting xenophobia and racism and giving immigrant pupils a feeling of recognition, by teaching pupils to respect difference, and discovering and valuing other cultures. The LSC describes it as a space of convivencia, in which all pupils know the limits and rules. What becomes clear from these data is that ‘intercultural’ is an attitude and practice of dialogue and interaction that needs to be taught to pupils, and therefore needs to be embraced by teachers. Although diversity is seen as enriching Catalan society, and the Plan is full of recognition, respect, intercultural education and so on, there are certain limits to diversity in the public sphere. Social cohesion is the precondition for the celebration of diversity, and Catalan language learning is the main tool for creating social cohesion. In the words of the LSC: ‘We don’t want anybody to feel like second-class Catalan citizens.’

88

Diversity management in Spain

One of the main aims of the Plan is therefore to consolidate Catalan as the mainstay of a multilingual scheme. Both policymakers and participants in the focus group underlined the importance of Catalan as a language of instruction.37 In order to promote Catalan language learning, the following spheres of intervention are defined: language immersion programmes,38 encouraging the use of Catalan as a language of instruction and communication in schools as well as in families and the school environment as a whole, and the creation, adaptation and sharing of materials for better language learning. The so-called aules d’acollida are classrooms in schools that aim to teach immigrant students the basics of the Catalan language and have replaced the so-called ‘school adaptation workshops’ that took place outside schools. Immigrant pupils spent at most 50 per cent of their time (fifteen hours a week) in these classes for a maximum of approximately two years, depending on their language of origin and level of education. The ISCS stresses that the Education Department is not in favour of separate classrooms for immigrants, and emphasizes comprehensive integration at school. Learning the language and culture of the country of origin is not part of the official school curriculum, but in schools where there is a demand for it, it is offered as an extra-curricular activity (CIDE, 2005: 139). Due to an Agreement between the Generalitat and the Moroccan Government, there are fifteen professors teaching Arabic in after-school hours in Catalan schools. However, most parents send their children to learn Arabic language and culture in cultural associations or in the mosque. While language is a political tool for integration, other areas of diversity are neither politicized nor celebrated within the context of the intercultural approach. Religious education is one example. Unlike language, religious diversity is not mentioned in the Plan. When asking about religious diversity, the ISCS explained that the education centres are non-religious,39 but that there are agreements with ‘other’ religions (i.e. the Jewish and Muslim communities), thereby revealing the dominant role of the Catholic Church (for which courses are offered in all public schools). Parents who wish religious education of ‘another’ type can ask for it, but in practice this is not often the case. According to the ISCS, this is due to both a lack of available teachers (for which the religious communities are responsible) and a lack of pupils in requesting the subject. The LSC also argues that ‘there is almost no demand for religious education from immigrant parents, nor do natives worry about this question’. The debates about religion in the new Education Law were more ‘salon debates’ than really important issues. According to the LSC, ‘Catholicism is the standard religion in schools, Evangelism



Multiple diversity in the education system89

is occasional, Judaism is a small minority and Islam lacks accreditation’. The IS gives another reason for the lack of Islamic classes: ‘In practice Islamic education is not offered, because Islamic teachers have a lack of respect for Catalan values of teaching’, and does not hide its prejudices: ‘it is acceptable for them to hit pupils, for example’. However, a representative of Moroccan (and other) immigrants in the focus group argues that the problem of a lack of teachers is due to the poor implementation of bilateral agreements with countries of origin. The lack of training opportunities for Islamic teachers in Catalonia (or Spain for that matter) (see for example Andújar, 2005) shows that impartiality is not embraced when it comes to the management of religious diversity. Another example of a lack of impartiality can be found in the institutional challenges produced by migration-related diversity. When asked about how Catalonia manages the question of the veil for example, the ISCS states: ‘We are not starting a war on the veil’ and explains that these issues are managed and negotiated at local level in a practical manner. Although there is no policy on religious symbols, the respondent explained that ‘there are demands that are negotiable and those that are not’. While wearing the veil (but not a burkha) is negotiable, not participating in gym classes is not. When asking about the management of religious holidays, the dominance of the Catholic Church is confirmed once again. ‘The festivals (majority Catholic) are what we have here, and we cannot permit that there are more or less festivals.’ The ISCS explains that students who want to have a day off because of religious festivities can ask for it and will get permission if the school has an intercultural approach. In more general terms, cultural and religious demands are to be resolved ‘with dialogue and common sense’ at the school level. The Education Department is only contacted if schools encounter problems. These examples highlight the limits of respect and celebration of ­­diversity in Catalonia. It can be argued that although diversity per se is evaluated as enriching, it is limited by the Catalan public space and in practice depends to a large extent on the decisions made at the school level. The boundaries of diversity are justified by the need for social cohesion in the public sphere. The ISCS highlights that the school is part of the public space and therefore important for the production and the practice of a community: ‘Everybody needs to know what they have to do and what to respect … the public sphere consists of principles that cannot be waived, like language, human rights, child rights, women’s rights.’ The LSC exemplifies that the Catalan public sphere is very limited, in comparison with the French: ‘Although there are important principles and rights in our public sphere, there is still a lot of liberty to organize oneself in communities.’ Social cohesion and local citizenship are to

90

Diversity management in Spain

be created by the idea of socialization (mainly by learning the Catalan language and basic ‘European’ values), rather than cultural assimilation. Catalonia’s interpretation of integration therefore comes closest to the French civic assimilation model, with Catalan as the main tool for fostering civic identity among its resident citizens, although there are important differences, such as those regarding the management of religious diversity. According to the ISCS, the Catalan education ­­ model cannot be compared with other models in Europe, because ‘Catalonia has learned from its mistakes and is experimenting with its own model.’ According to the ISCS: We are aware of the policies pursued by other European countries and they have not given optimistic hopeful results. This is true for the British, the French and the German policies. They were implementing policies that did not work and which they had to change. As none of the models convinced us, we created a model between the French and the English, … with a focus on both attention to immigrant pupils and what binds them together.

Implementation of policies In its assessment of the implementation of the Citizenship and Immigra­­ tion Plan, the IS admits that it has been limited, or, to put it another way, there are no serious evaluations planned. The ISCS believes that it is too early to evaluate the new Language and Social Cohesion Plan. Nevertheless, all policymakers stress that there are no major problems with the implementation and in overall terms the results seem to be positive. It appears that policies in this field are so new that policymakers are already enthusiastic about the fact that policies are being developed and money is allocated to manage diversity in the area of education. In the words of the IS: ‘Better this than nothing.’ According to the ISCS representative, the enormous increase in resources for education (from six to eighty million Euros in three years) explains the overall positive evaluation of policies.40 In particular, the reception classrooms (aules d’acollida) and local education plans (plans d’entorn) are positively evaluated by the representatives of the Education Department. The latter are also positively rated by the representatives of immigrant associations in the focus group. As regards the former, one of the strengths of the Catalan model according to the ISCS and LSC is its knowledge of teaching Catalan to Spanish immigrants, as well as the political culture of dialogue for which Catalans are known. Weaknesses mentioned are the difficulty of educating teachers to implement an intercultural approach within a



Multiple diversity in the education system91

short period of time, as well as problems of participation41 and fostering interpersonal relations. The ISCS also mentions that it is not easy to introduce intercultural education, as it involves not only new ­­curricula and school materials, but also new tutorials and teacher training. In the focus group, the difficulty of changing attitudes in the receiving society in general is stressed as the main problem. One of the immigrant representatives in this context argues that ‘We need to go beyond the folk tradition-based meaning of interculturality, which you can see in intercultural weeks organized everywhere, and move towards a normalization of diversity, that goes beyond the idea of eating couscous.’ The participants in the focus group also emphasize the need to prepare and educate (new) teachers and develop an intercultural curriculum. In the words of one of the representatives of an immigrant association: ‘apart from an intercultural vision, there is a need for radical changes in the standard curricula, such as history, before we can talk about intercultural education in Catalonia.’ As the LSC explained, the editors of school books are only given broad-based perspectives by the Education Department, after which each editor uses their own approach and the market finally decides. In short, although a policy discourse of intercultural education has been developed in Catalonia, the respondents admit that in practice intercultural education is not (fully) implemented and is mainly focused on reception of newcomers, support for school enrolment and language classes. These results are confirmed by the work of Garreta Bochaca (2004, 2006), who argues that although policy discourses point towards intercultural education, evaluation studies are critical of the practical interventions and guidelines. The reasons behind this lack of practice are problems of admission of immigrant pupils, difficulties in changing the official curriculum and the limited pedagogical practice of teachers (see Garreta Bochaca, 2006: 270). Concluding remarks: different policy approaches and multiple diversity This chapter has analysed Spanish challenges and policy approaches towards the management of migration-related diversity in education. The first finding is that there is not one approach, but several, due to both the decentralized character of the education system and the multiplicity of diversity that is at stake (i.e. language, religion, culture, etc.). First, the decentralization of State power after Spain’s transition to democracy led to a decentralized education system and therefore a ­­variation in approaches towards the management of ­diversity

92

Diversity management in Spain

among different autonomous communities. These differences are most explicit with regard to language education. Especially in those autonomous ­­ communities where a second official language is promoted (like Catalonia, the Basque country and Galicia), immigration represents a challenge to identity politics and has resulted in specific challenges of how to manage bilingualism and now multilingualism in schools. The decentralized education system has also led to a situation in which diversity is mainly dealt with at individual school level, usually following a compensatory approach, by which immigrant students are given special attention to learn the official language(s) and bridge educational and cultural gaps. In more general terms, it can be said that while education in (and for) equality of opportunity has been developed within compensatory policy programmes, education in (and for) difference is a new policy discourse within Spain, and in practice largely depends on the efforts of educational centres. The lack of knowledge of policymakers about the implementation of State and regional policies indicates that research at the school level will provide most insight in the actual management of diversity in Spanish schools. Secondly, the historical (albeit diminished) influence of the Catholic Church on education has resulted in a situation of cultural hegemony. First of all, Catholic religion classes are to be offered in all public schools, while classes in minority religions are almost absent (in spite of the bilateral Agreements signed with the Jewish, Muslim and Protestant communities). In addition, the fact that the policy documents analysed in this study do not mention the management of religious diversity at all confirms the importance of the Catholic Church in Spain. The Catholic Church and affiliated groups tried to prevent changes being made to religious education and the implementation of a new ‘education for citizenship’ subject, which was recommended by the Council of Europe. After heated debate, the Socialist Government succeeded in implementing a new Education Law which made religious education optional and introduced the new ‘education for citizenship’ subject. Finally, while there are many so-called concertada schools (schools half in the hands of the State and half in the hands of the Catholic Church), there are only three schools controlled by other religious minorities (none of which are Islamic). Moreover, the Catholic concertada schools have failed to admit immigrant students, thereby creating situations of concentration in public schools, which is one of the main challenges in Spain. The management of religious diversity can therefore be understood within the context of an integration model based on cultural hegemony, in which decision-making power remains in the hands of the dominant culture and where the rights of the majority (and therefore



Multiple diversity in the education system93

the individual) ­­ are regarded as more important than those of cultural minority groups. Thirdly, because immigration is a relatively new phenomenon in Spain, the authorities are struggling over how to manage this migration diversity and considering various approaches used in Europe. Policymakers are aware of different models of integration adopted in European countries with longer-standing traditions, but do not appear to be convinced by any of them. They are least in favour of the multicultural model of integration that is negatively associated with segregation and social marginalization. In order to avoid the separation of immigrants, the idea of citizenship has been presented within the policy discourse as a new category for integration that includes both immigrants and Spanish natives. The desire to mix cultures within schools (and society) is so strong that quota policies for admission have been introduced in Catalonia and are being considered in other autonomous communities. As well as these quota policies, the strong focus on language immersion, which in Catalonia is part of the process of ‘normalization’, and the lack of teaching in languages and cultures of origin all point towards an integration model that is based on the idea of civic assimilation, in which the main aim is to assimilate immigrants into the national language and conduct. However, policymakers do not want to be associated with the French doctrine and rather see themselves as the harbingers of a new model of integration, which is based on ‘interculturality’, and draws on European conceptions of integration and European values. Fourthly, intercultural education has gained a great deal of popularity in the policy arena (as well as in academic circles). Policymakers have different views about the meaning of this new approach and it remains unclear what is meant exactly by this intercultural approach which is situated somewhere in between assimilation and multicultural models of integration. Broadly speaking, intercultural education is conceptualized as an approach that is aimed at teaching all students values such as tolerance and respect, in order to live in convivencia (to coexist peacefully). It is aimed at interaction between different cultural groups, and is therefore separate from both multicultural (segregation) and compensatory (assimilation) education. An intercultural approach instead expresses the need to change societal attitudes and modify the public structures of society in favour of diversity. However, for some it is only a question of the positive evaluation of migration diversity and the need to resolve multicultural conflicts by way of intercultural dialogue, while others highlight the need for substantial organizational and curriculum changes. For the central Government, the implementation of an intercultural approach has been limited to the introduction

94

Diversity management in Spain

of the course ‘Education for Citizenship’ in the basic curriculum, and the promotion of the development of intercultural education materials. In Catalonia, intercultural education is mainly understood as a change in attitudes that teachers must foster among their students, as well as being a guiding principle for multicultural problem-solving by means of peaceful negotiation and dialogue (rather than legislating the limits of diversity in the public sphere). As a result, the training of existing and new teachers is one of the main challenges. The scope of intercultural education at present therefore seems to be limited to efforts to teach educational staff values such as recognition and mutual respect, and some marginal changes in the curriculum, while implementation is largely dependent on the willingness and interpretations of individual schools. Notes  1 Education in Spain is compulsory from six to sixteen years of age and consists of Primary Education (six to twelve years), divided into three periods of two years, and Compulsory Secondary Education (ESO) (twelve to sixteen), divided into two periods of two years.  2 We would like to thank research assistant Jonathan Zaragoza for his help with conducting interviews in Madrid and Barcelona and organizing the focus group.  3 ‘By a societal culture, I mean a territorially-concentrated culture, centred on a shared language which is used in a wide range of societal institutions in both public and private life (schools, media, law, economy, government, etc.). I call it societal culture to emphasize that it involves a common language and social institutions, rather than common religious beliefs, family customs, or personal lifestyles’ (Kymlicka, 2001: 25).  4 For an overview of legal reforms in the Spanish education system see Prats (2005: 174–184).  5 While the education system is monolingual in most autonomous communities, in Catalonia education is bilingual and in the Basque country the principle of separation of languages has been applied. In Catalonia, children are therefore taught in both official languages and the education system also expects that pupils should be able to use both languages at the end of compulsory schooling. In the Basque country, on the other hand, it is possible to choose between three types of school, each with different levels of attention to the teaching of Euskara: schools that provide all education in Euskara (model D), schools where almost all education is given in Castilian Spanish  (model A) and schools that are situated in between these two extremes (model B). Although the two minority nations have thus developed different policies for the normalization of Catalan and Euskara respectively, the decline in knowledge of Euskara in the Basque country has made the



Multiple diversity in the education system95

Basque government reconsider its language policy, and current proposals seem to suggest a shift towards the Catalan model.  6 The schooling of children of irregular immigrants is based on the UN’s International Convention on Child Rights ratified by Spain.  7 According to the theory of goods applied to policies for managing immigration, Zapata-Barrero (2002: 85–87) says that the properties of education are symbolic, collective and heterogeneous. It can be said that the symbolic and collective properties are followed in Spain, but that the heterogeneity of the good is still on the political and social agenda. The homogeneity/heterogeneity depends on the interpretation. A good is homogeneous when there is no discussion about its value, and a good is heterogeneous when not everybody values the primary good in the same way.  8 There is no direct English translation for the Spanish term convivencia, which is not merely a descriptive term of coexistence, but also has a normative dimension, as it refers to coexistence as something positive and is sometimes translated as ‘peaceful coexistence’.  9 Special education can consist of ‘educational and professional counselling’, ‘social guarantee programmes’, ‘compensatory education’, ‘special education’ and so on (CIDE, 2002). 10 Meanwhile, Carbonell i Paris (2005: 30–31) argues that intercultural education should contain two basic pillars: education in (and for) equality, and education in (and for) the respect of diversity, thereby including compensatory education within intercultural education. 11 A good example is the intercultural education portal www.aulaintercultural. org/article.php3?id_article51908 (accessed 1 October 2012). 12 For education/pedagogy see for example: Etxeberria (2002), Carbonell i Paris (1995, 1996, 2005), Aguado, Gil Arena and Mata Benito (2005), Terrén (2001), Besalú Costa (2002) and Palaudàrias i Martí (2002); for anthropology: García Castaño (1995), Fernández Enguita (1996), Dietz (2003) and Carrasco (2003, 2005); and for sociology: Garreta Bochaca (2004, 2006) and Colectivo IOÉ (1997, 2002). 13 From an international perspective the underachievement of Spanish pupils in general is also a challenge. For example, in the 2003 PISA study Spain was ranked twenty-fifth out of a total of forty countries in mathematics, and twenty-sixth in reading and science (OECD, 2004). 14 For example, coming from a non-Spanish-speaking background and having an ethnic minority status within society are two risk factors mentioned for this underachievement, as well as poverty and special needs (Arnaiz and Soto, 2003: 377). Age of admission, previous education, attention to immigrants and resources for intercultural education in educational centres are other factors mentioned in the literature. 15 Five major Spanish newspapers (El País, La Vanguardia, ABC, El Mundo and El Periódico) were monitored between October 2006 and October 2007. 16 Of the foreign students in mandatory primary and secondary education,

96

Diversity management in Spain

about a fifth are registered at private schools, while fourth-fifths are registered at public sector public schools. There are two types of schools within the category of ‘private’: so-called concertadas (partly financed by the Government and partly by the Catholic Church) and non-concertadas. The division of the Spanish education system into public, ‘concertada’ and private schools is important for understanding segregation. 17 This covers the curricula challenges that have received media coverage, including religious education, citizenship education and language education. Although it has not received a lot of media attention, there has also been some debate over the way in which Spanish history is being interpreted in school textbooks, and especially the way in which the Spanish Muslim past is presented. A traditional picture of Moorophobia is perpetuated in these history textbooks that consolidates the idea of Muslims versus Christians (Zapata-Barrero, 2006: 143), presents a simplification of Western versus Eastern culture, and creates a great deal of Eurocentrism and Islamophobia (see for example Navarro, 1997). 18 This introduction of this subject comes after a long social and political debate concerning not only its contents but also its suitability, with the Catholic Church, which sees part of its original monopoly under threat, as a major lobbying group. 19 See Council of Europe (2002) and Council of the European Union (2004a, b). 20 Such as the PP, the Episcopal conference (Conferencia Episcopal), the Catholic Federation of Parents (Confederación Católica de Padres) and the Private School Employers, Association (la Patronal de Colegios Privados). 21 At the start of the academic year 2006–07, some concertada schools even started boycotting the subject (see for example El País, 2007g). 22 Non-university education includes compulsory primary and secondary school and nursery education (4–6), and pre-university and professional education (16–18). 23 The curricular model introduced by the LOGSE (1990) allows schools to take decisions on their educational approach to addressing the needs and context of each centre. In this context, each centre produces two documents: the centre’s Education Project and the centre’s Curricular Project (Arnaiz and Soto, 2003: 379). 24 An interview was conducted with a representative of the General Direction of the Integration of Immigrants (GDI) and another with two representatives of the Ministry of Education (MEC) on 15 June 2007. 25 Consisting mainly of democratic values like the rule of law, freedom, justice, equality and political pluralism (see Secretaría de Estado de Inmigración y Emigración, 2007: 10). European values as the only limit to integration is something also stressed by the representative of the State Office for the Integration of Immigrants (GDI). 26 All autonomous communities, except for the Basque country, Navarre and Ceuta and Melilla, have to present a plan where in they describe what they



Multiple diversity in the education system97

intend to do with the money. The autonomous communities also need to co-finance 30 per cent of the plan. 27 See http://apliweb.mec.es/creade/index.do (accessed 1 October 2012). 28 The evaluation of the implementation of policies for managing diversity in education was a topic on which only limited answers were generated in all interviews. 29 Of particular importance in this context is the new Estatut (voted for in a referendum by the citizens of Catalonia on 16 June 2006 and by 90 per cent of the Catalan Parliament) which is the first legal framework to discuss immigration in terms of needs and demands for powers. 30 Under the terms of this agreement, the Catalan government and the main agents of the public and concertada schools (including labour unions, parent associations, local governments, etc.) have agreed on several points. 31 In 2007–08 twenty-seven of the almost 1,300 concertada schools had such a contract (Beltrán, 2007c). 32 Two interviews took place in the Education Department: one with a representative of the ISCS on 7 June 2007, and another with the Sub-director of LSC on 25 June 2007. Another interview was held with a representative of the IS on 20 June 2007. Finally, on 29 June 2007, a focus group was organized in Barcelona with representatives of teachers, parents, immigrants and cultural associations. 33 Pluralism not only includes diversity but also secularism, understood as being the separation of Church and State (Generalitat de Catalunya, 2005: 158). 34 As Zapata-Barrero (2007: 190) argues, between a communitarian and liberal approach, the Plan has clearly opted for the latter. 35 Criticism of the anti-segregation policy of the Catalan government consists of: 1) the discriminatory aspect embedded within the policy, as it does not advise Catalan parents to send their children to schools other than their preference (e.g. schools with a higher concentration of immigrants); 2) the lack of attention to guarantee quality of education in public schools (the ISCS in this context points out that parents that do not want to enrol their children in schools with a high concentration of immigrants are more afraid of socio-economic marginalization than of cultural differences); and 3) the difficulty of implementing anti-segregation policies due to parental choice and geographical and socio-economic segregation. All the policymakers point out that it is difficult to put anti-segregation policies into practice, as parents prefer to have all their children in the same school and within their neighbourhood. They also argue that segregation is not so much a problem of immigration, but rather of poverty. 36 The LSC affirms this by pointing out that the vision of the Catalan government is to manage questions of diversity with a bottom-up approach of contextual proximity. 37 Only one participant in the focus group struck a critical note, by stating that

98

Diversity management in Spain

‘some immigrants do not plan to stay for a long time, and they might benefit more from learning Spanish’. 38 In the 2007–08 academic year, there were 1,155 reception classes in a total of 3,000 educational centres. This means that one in every three education centres has a reception class. It is also important to note that while the policy tool of aules d’acollida is a resource provided by the Generalitat, including the appointment of a tutor, materials, time tables, and so on, the schools are responsible for creating a Reception Plan (CIDE, 2005: 136–137). 39 Although not within its competence, the Catalan Education Department is in favour of implementing the principle of secularism (laicité) in schools. Most participants in the focus group also believe that religion classes should not be given in schools, except for teaching respect for religions in general. 40 In this respect, the Education Department also expresses concern at a lack of intercultural vision in other policy areas. The ISCS emphasizes that local governments have to do much more to change public opinion in order to prevent segregation of immigrants in schools. The LSC also mentions that teachers feel sometimes isolated as promoters of an intercultural discourse. In general, they emphasize the need for society as a whole to adapt to diversity, and not only the area of education. 41 Some 40 per cent do not complete ESO.

4

Multiple diversity in the labour market and in the workplace: combating discrimination against immigrant workers Introduction Immigrants’ participation in the labour market is a fairly recent phen­ omenon in Spain. The number of immigrant workers increased from less than 200,000 in 1996 to more than 3,000,000 in 2007 (Ministerio de Trabajo y Asuntos Sociales; MTAS, 2007a). Immigrants are typically employed in areas with a high need for labour, such as construction, agriculture, the hotel business, house keeping and care for the elderly. Immigration is mainly perceived as an economic necessity and the priority of politicians is focused on border control (Zapata-Barrero and Witte, 2007). The main efforts to fight against discrimination of immigrant workers are related to fighting against ‘exploitation’ of irregular immigrant workers in the underground economy. In order to keep this chapter within the Spanish context, we shall therefore not only look at ‘individual’ discrimination in the workplace, but also at legal (or ‘institutional’) discrimination and discrimination in the labour market (or ‘structural discrimination’). Methodologically, this chapter analyses the transposition and implementation of the two EU anti-discrimination directives1 in Spain, focusing on the fight against discrimination against immigrants in the labour market and in the workplace. This analysis will allow us to confirm that the practical approach in Spain is again acting as a restraint for the implementation of this directive and is at the origin of a multiple diversity discrimination scenario in the most prominent area of integration: the workplace. Although these directives are not specifically aimed at discrimination against immigrants, discrimination on the grounds of ethnicity, race and religion is often experienced by immigrant workers.2 Moreover, our analysis is limited to the discrimination of immigrants in the labour market and in the workplace.3 Needless to say, immigrants also face severe discrimination in other areas, especially in access to housing and mortgages, social services and the police (see the yearbooks of SOS Racisme, 2004–06; Office for

100

Diversity management in Spain

Non-discrimination (Oficina per la No Discriminació), 2007; Intermón Oxfam, 2007). This chapter is divided into six sections. The first section introduces the main characteristics of immigrant workers in the Spanish labour market. The second section then presents data on discrimination against immigrant workers which, due to a lack of official figures, is based on available studies and results from interviews with stakeholders.4 The third section summarises the main anti-discrimination legislation in Spain and presents the stakeholders’ criticism of the transposition of the EU directives. The fourth section considers the state of implementation of the EU directives in policy-making at State and regional (Catalonia) level and collective bargaining, drawing on information from policy documents and interviews with stakeholders. The fifth section looks at good practice and challenges for the legal fight against discrimination. The chapter concludes with some final remarks following the main theoretical framework of the book: that is, that the multiple diversity secneario is at the origin of a practical approach that plays a restrictive role for innovation and change in the workplace. Immigrant workers in the Spanish labour market: an overview Workers in Spain include both workers with valid work (or, in case of students, residency) permits and irregular immigrants working in the underground economy. Official numbers of irregular immigrants are not available, but it is estimated that at least 670,000 undocumented immigrants are working in the underground economy (see Pajares, 2007). This number does not seem to have diminished in recent years, in spite of the ‘normalization’ (instead of the former regularization) process of 2004.5 Due to a lack of official data on irregular workers, the remainder of this chapter will concentrate on regular immigrant workers in the Spanish labour market. In October 2007, there were 3,740,956 foreigners with a legal residency permit, accounting for 8.3 per cent of the total population (Observatorio Permanente de Inmigración, 2007). Of this foreign population, 54 per cent was registered with the Social Security System. As a result, foreign workers made up 10.4 per cent of the total workers affiliated with the Social Security System. The largest groups of foreign workers by nationality were Ecuadorians (13.1 per cent), Moroccans (13.1 per cent), Romanians (11.1 per cent) and Colombians (7.2 per cent) (MTAS, 2007b). The importance of immigrants’ incorporation in the Spanish economy is also clearly reflected by the contracts signed between January and September 2007, of which 21.7 per cent were



Multiple diversity in the labour market101

with foreign workers (Observatorio Permanente de Inmigración, 2007). Immigrants have temporary contracts more often than do Spanish nationals.6 The high employment rate among foreigners (76.2 per cent compared with 57 per cent for Spanish and dual nationals)7 has raised the employment rate both directly and indirectly, by facilitating female participation through domestic service (see CES, 2006: 291, for example). Despite their higher employment rates, unemployment rates among foreigners are higher than those for Spaniards: 11.8 per cent in the third quarter of 2007, compared with 7.4 per cent for Spaniards (INE, 2007). Fernández and Ortega (2006) demonstrate that foreigners’ unemployment rates are similar to those of natives, and that the most important differences are gender-related.8 Among the so-called ‘Third Country Nationals’ (TCNs), foreigners from non-EU European and Latin American countries have the lowest unemployment rates, while the opposite is true for African immigrants. Most foreign workers are registered with the general Social Security System (74 per cent), but they have relatively more weight in special schemes, such as the special agrarian and domestic service schemes, both of which occupy the lowest social positions and therefore earn the lowest salaries. An important indicator for salaries is the contribution group of the Social Security Scheme (see also Cachón, 2007: 64). One-third of the total number of foreign workers (33.1 per cent) is registered within the lowest contribution group, of unskilled labourers (peones), while 76.3 per cent fall within the three lowest contribution groups (MTAS, 2006). It is important to highlight the striking differences between EU immigrants and TCNs (see also table 4.1). Most of the TCNs are concentrated in specific (and, one might say, undesirable) branches of labour, such as construction, the hotel industry, real estate and rental agency services, domestic service and agriculture. Moreover, the percentage of non-EU workers in unskilled occupations (40.3 per cent) is much higher than that of EU workers (9.3 per cent) (INE, 2006), and the average annual income of most non-EU immigrants is between 30 and 40 per cent lower than the average in Spain, except for immigrants from Asia, Oceania and North America (INE, 2002). Finally, within the immigrant labour force, female immigrant workers (the majority from Latin America) have the lowest scores on all indicators. They account for 38.4 per cent of immigrants registered within the Social Security System, have the highest unemployment rates, are mainly concentrated in domestic services and care for the elderly, and therefore have the lowest average incomes and more temporary contracts than immigrant men and Spanish women (MTAS, 2007c: 106).

680,400 (100%) 1,340,766 (100%) 2,021,166 (100%)

48,365 (7.1%) 104,601 (7.8%) 152,966 (7.6%)

Special agrarian scheme (%) 25,175 (3.7%) 125,673 (9.4%) 150,848 (7.5%)

Special domestic scheme (%) 130,370 (19.2%) 86,684 (6.5%) 217,054 (10.7%)

120,935 (17.8%) 275,983 (20.6%) 396,918 (19.6%)

69,660 (10.2%) 177,501 (13.2%) 247,161 (12.2%)

68,558 (10.1%) 163,889 (12.2%) 232,447 (11.5%)

Special General scheme scheme, self-­ Construction Hotel industry Real Estate employed (%) (%) and rental Agency (%)

Source: Author’s own research of data on contributions to the Social Security System from MTAS at 31 October 2007.

Total foreign workers

Non-EU foreign workers

EU foreign workers

Total

Table 4.1.  Basic characteristics of foreign workers (EU, TCNs and total) affiliated with the Social Security System



Multiple diversity in the labour market103

Discrimination against immigrant workers How discrimination against immigrant workers is contextualized in Spain Taking a sociological approach, discrimination can be understood as a complex system of social relations that produce inter-group inequities in social outcomes.9 The outcomes of immigrant workers in the Spanish labour market, as described in the previous section, can be explained by various factors other than discrimination, such as age, levels of education, language skills and work experience (or human capital in more general terms). Moreover, the extent to which immigrants are discriminated against in the labour market and in the workplace depends on what is understood by ‘discrimination’. In this context, Rojo10 emphasizes that: From a legal perspective, the situation of regular [legal] immigrant workers in Catalonia and Spain, legally there is no discrimination. In practice, however, it is possible that situations of discrimination do arise, or perhaps perceptions of discrimination by Third Country Nationals. First, because the jobs that they occupy do not match their levels of education. Second, because the salaries that they obtain are in principle the same as those of other workers, but there are sometimes non-compliances and sometimes compliances that create these perceptions. A legal immigrant therefore should  –  according to the Constitution, the Labour Law, the Worker Statute Law, and the transposition of the EU directives  –  not experience discrimination due to race, ethnicity, nationality, religion, nationality, sex and/or gender. … In order to determine whether there is discrimination in Spain, you need to establish the legal situation of the immigrants you are talking about, the Third Country Nationals. When he/ she is a legal resident it should not arise, when he/she is irregular [illegal] it should not exist either, but there is more likelihood in practice. (E. Rojo, interview, 26 November 2007)

Most of the stakeholders we interviewed mention discrimination against, immigrant workers in Spain based on their legal status. In the words of Admetlla,11 ‘The immigrants without work permits are those who are discriminated against. Those who have papers, and have legal coverage, normally, normally [stressed] do not have different working conditions to others. On the contrary, yes, we do see exploitation of immigrants without papers’ (J. Admetlla, interview, 15 February 2008). This rather limited perspective on discrimination is also expressed by Mora i Radó:12 I do not very much like discrimination, in the sense that we as employers have seen that in reality there is a need to employ foreign workers …

104

Diversity management in Spain

When the labour market in reality needs these workers, there is a need to design new mechanisms for recruitment, in order to guarantee that these workers do not come here without papers and therefore create political insecurity. They need to come here after being recruited in their country of origin. So they come here with an employment contract and then there is no discrimination and no political insecurity for these workers, apart from the fact that the receiving society can allow all those that are needed to enter. Then there is no discrimination on any issue. (M. Mora i Radó, interview, 14 February 2008)

Bertran13 also points out that there is no vision on discrimination beyond discrimination against irregular workers in Spain: At present discrimination in Spain is very much related to having or not having papers, having a contract, working more or less hours etc. I do not know about bringing charges for discrimination related to promotion because of origin. At the moment there is no culture for reporting this. It is therefore important that discrimination depends on the perception that people have. I think the perspective on immigration is a major factor in the perspective on discrimination in the workplace, in terms of access and promotion in companies. In general, as regards women, or immigrants, there is not really a perspective about what discrimination is. Or discrimination is only seen as something very big, but discrimination is not something big, but related to day-to-day practices. (C. Bertran, interview, 7 January 2008)

Discrimination against immigrant workers in Spain is thus mainly seen in terms of inequality of access and employment conditions for irregular immigrant workers. There are also other possible types of discrimination, as well as this institutional (or legal) discrimination against immigrant workers. Based on the usual classification applied to Spanish scholars by Cachón (2006a: 68), we will look at institutional, structural and individual discrimination against immigrant workers in Spain. Institutional discrimination: the Aliens Law and primacy for nationals Institutional discrimination involves practices in which public norms engage in direct or indirect discrimination. The most well-known example is the legal framework that determines opportunities for immigrants to enter the labour market. The Spanish Aliens Law is ­­discriminatory because recruiting TCNs is legally only possible in their country of origin and only for occupations that cannot be filled by unemployed Spanish (or EU) workers in the same sector and region. In the private sector, discrimination in hiring is therefore enforced by the legal principle of primacy for (Spanish and EU) nationals. In order to channel immigration flows to those sectors and jobs in the labour



Multiple diversity in the labour market105

market that are unattractive to Spanish (and EU) nationals (generally in agriculture, domestic services and construction), the Government has established annual ‘labour entry quotas’ (contingentes) since 1993 that bypass a check on the national employment situation. These yearly established quotas define the need for temporary and permanent foreign workers by sector, autonomous community and nationality, and have resulted in yet another type of institutional discrimination, as some countries of origin are favoured over others.14 Other types of institutional discrimination faced by TCNs that have succeeded in entering Spain with a work permit (or who have obtained it subsequently) are the restrictions placed on sector and territorial mobility. Every time a foreign worker (without a permanent work permit) changes employer, he/she must obtain a new work permit from the Government and he/she must present a Social Security card to renew it. According to Bertran: I think I am not mistaken in saying that a great deal of discrimination takes place at legal level. I am not merely referring to having papers or not. Having papers does not mean that you are not facing discrimination, or have the same rights. When policymakers say that they want everybody to have papers, because then they all have the same rights, that is a lie. Having a work permit means for example that you are restricted territorially and by sector. You also have to comply with some conditions that don’t apply to Spaniards, for example to renew your permit you need to be registered for a minimum number of months in the Social Security System, which makes your demands for better working conditions conditional. You accept poorer working conditions, because you know you need the work. (C. Bertran, interview, 1 January 2008)

All those who fail to meet the legal requirements established in the Aliens Law become irregular immigrants (with no legal status) and often end up working in the underground economy without a contract, Social Security, labour rights or mechanisms to defend themselves.15 In the words of E. Ibarra16 (interview, 23 January 2008): ‘The first discrimination is when they do not have a work permit, which leads to them accepting poorer working conditions. As a result these immigrants face the most serious and cruel exploitation that you can imagine.’ In the public sector, EU citizen and TCN discrimination begins in terms of access to jobs, because of ‘nationality’ requirements for jobs that ‘directly or indirectly imply the participation in the exercise of the authority or functions that are considered the object of State and public security’.17 The nationality law in Spain in this context also leads to indirect discrimination, as obtaining Spanish nationality is far easier for some

106

Diversity management in Spain

national groups than for others.18 The integration of TCNs has recently been promoted in some of these ‘more sensitive’ public jobs, such as the Catalan police force and the Spanish armed forces. However, in the latter, only a selected group of immigrants with historical ties (i.e. Latin American countries and Equatorial Guinea) have been accepted since 2003 (up to 7 per cent), and they can only occupy low ranks. Finally, another example of institutional discrimination (among EU immigrants) is faced by workers from the new member states of Romania and Bulgaria, who are subject to a transition period before having the same rights as other EU citizens. Structural discrimination: the underground economy and the segmented labour market Structural discrimination arises in societal structures, such as the duality and segmentation of the labour market in Spain. The first aspect to consider is the underground economy in Spain, in which many irregular immigrants work in severe conditions, and earn substantially lower pay. Outside the underground economy, the segmentation of the Spanish labour market and (continued) concentration of immigrant workers in specific undesirable employment sectors has led (on average) to lower wages and poorer working conditions than those experienced by Spaniards. Cachón (2007: 66) in this context describes the jobs immigrants do in Spain as ‘dirty, dangerous19 and demanding’. Unfortunately, there is no evidence that migrants’ employment conditions and patterns improve and converge towards natives over time, and this is especially the case for women (see Iglesias and Llorente, 2006; Pajares, 2007). The combination of relatively quick employment integration of recently arrived immigrants in Spain (see Amuedo-Dorantes and de la Rica, 2006) in relatively low-paid sectors and occupations has led to a situation of insignificant employment gaps (although the opposite is true for some groups!) but significant wage gaps (OECD, 2007: 19–20). Several studies have concluded that these wage gaps are not (only) due to lower education levels and/or prior work experience (see for example Solé and Parella, 2003; Pajares, 2006; Isusi and Corral, 2007). The lower wages of TCNs can be partly explained by the sectors and jobs in which they are concentrated, often involving temporary contracts20 and few opportunities for promotion (see also Carrasco, Jimeno and Ortega 2006). This ethno-stratification of the labour market is an outcome of immigrants being forced to accept jobs natives no longer wish to do, in combination with positive discrimination by employers, who



Multiple diversity in the labour market107

favour immigrant workers because they accept harsher working conditions, especially in the underground economy (Solé and Parella, 2003: 124). Individual discrimination by employers, co-workers and labour unions In this latter sphere, individuals are discriminated against by employers, co-workers and labour unions. Studies on individual discrimination have mainly focused on discrimination by employers against specific immigrant groups at the time of access and in terms of employment conditions in specific sectors and jobs (see Solé and Parella, 2003: 125–126 for an overview). While some employers tend to avoid recruiting immigrant workers from certain ethnic minorities (especially for specialized jobs), others (small businesses in sectors such as hotel and catering, agriculture, construction etc.) prefer to employ them because it is possible to exploit their differences in race and origin to offer lower wages and poorer working conditions (Solé, 1995: 163). Irregular workers are especially vulnerable to the latter type of discrimination, while in the regular labour market this type of discrimination is more likely to be undertaken by small subcontractors and agricultural employers that are subject to less Government control (Cornelius, 2004: 400). While individual discrimination by employers is often based on origin (race, ethnicity and nationality), the EUCM report (2006: 46) suggests that religion also plays a role in individual employment discrimination in Spain. ECRI (2006) points out that Muslim immigrants, and Moroccans in particular, are vulnerable to individual discrimination by private employers. A report by Colectivo Ioé (1996) showed that 35 per cent of Moroccan immigrants suffer from discrimination during recruitment, especially in the service sector. A comparative study by Colectivo Ioé (2003) of the labour integration of Ecuadorian, Colombian and Moroccan immigrants and gypsies also showed that discrimination in terms of access to work was reported, especially by Moroccan and Ecuadorian men in metropolitan areas, and Moroccan women in rural areas. At the labour union in Barcelona (CITE–CCOO), reports of individual discrimination are often related to immigrants’ legal status, and have been made in particular after the ‘normalization’ process in 2005, when many regularized workers complained of having to pay the costs of registration in the Social Security System themselves. Other examples of individual discrimination reported at CITE include unequal treatment in terms of working conditions and salaries (Bertran, interview, 7 January 2008). Individual discrimination against immigrant workers

108

Diversity management in Spain

is also reported by the Office for Non-Discrimination in Barcelona and the NGO SOS Racisme (SOS Racisme, 2004, 2005). Some of the cases reported here are related to irregular domestic work (by female immigrants), because it is very difficult to obtain a contract in that type of work. Here we encounter many cases of non-payment and dismissal without payment. Other examples are insults to foreigners in the workplace, which are reported by the foreigner concerned or by co-workers. Finally, there are also examples of people who are fired without payment after a trial period (I. Martínez,21 interview, 10 January 2008). These findings are supported in a report from Intermón Oxfam, which claims that more than 10 per cent of the salary differences of non-EU immigrants (which are estimated at between 30 and 40 per cent lower than the average income) in Spain are directly related to discrimination by employers. ‘The abuses in some sectors, like that of employees in domestic service, are flagrant and permanent’ (Intermón Oxfam, 2007: 72–73). Although labour unions have been criticized for failing to represent non-EU workers in the most precarious segments of the labour market, collaborating with employers’ organizations to create conditions that lead to immigrants being concentrated in the most poorly paid occupations, and protecting legal from illegal immigrants (see for example Solé, 1995), during our fieldwork we found no complaints about individual discriminatory practices by labour unions. This is probably because immigrant workers (regardless of their legal status) can become members, and labour unions were among the first actors in Spain to become involved in the fight against institutional discrimination against immigrants.22 According to Bertran interview, 7 January 2008, both the number of affiliated foreign workers and the number of foreigners working for the labour union should be increased, as well as attempts made to bridge the gap that sometimes exists between the anti-discrimination discourse of union leaders and that of union delegates: What cannot happen is what I have heard in certain sectors, which is that a union delegate says: ‘this negro has only been here for four days and now wants the same rights as the rest of us’. This is unacceptable and means that the labour union needs to work internally to fight against ­discrimination. … To prevent these discriminatory practices you need to work on the internal discourse, not only the external discourse. (C. Bertran, interview, 7 January 2008)



Multiple diversity in the labour market109

The development of anti-discrimination legislation Legal incorporation of equal treatment and non-discrimination before the EU directives The Spanish Constitution of 1978 established a legal framework of democratic principles and made equal treatment and non-discrimination (next to liberty, justice and political pluralism) basic pillars of the nonconfessional State.23 Spain became a signatory to the most important international treaties (the United Nations, the International Labour Organization and European Council) and ratified practically all of the international instruments for combating discrimination. The Universal Declaration of Human Rights is mentioned explicitly in Article 10.2 of the Constitution as a source of interpretation of the provisions relating to human rights (Cachón, 2003, 2005). The principle of equal treatment is included in criminal law (racial or ethnic motives are aggravating circumstances in various offences)24 and labour law, and there are also several anti-discriminatory measures in the administrative, civil and educational spheres (Cachón, 2006b: 2). As far as the discrimination against immigrants is concerned, the Law on the Rights and Freedoms of Aliens (LO 4/2000) has two Articles (23.1 and 23.2) devoted to ‘anti-discrimination measures’ and one Article (24) that establishes the applicability of judicial proceedings against any discrimination that involves the infringement of basic rights and freedoms. Discrimination is defined as: Any act which directly or indirectly entails a distinction, exclusion, restriction or preference in relation to a foreigner on the grounds of race, colour, ascendance or national or ethnic origin, or religious beliefs and practices, and whose purpose or effect is to negate or limit the recognition or ­­exercise, under equal conditions, of human rights and fundamental freedoms in the political, economic, social or cultural spheres. (LO 4/2000)

In addition, indirect discrimination is defined in Article 24 as ‘any treatment stemming from criteria having an adverse effect on workers on account of their being foreigners or members of a particular race, religion, ethnic group or nationality’. However, the law makes no reference to provisions or practices and only refers to foreign workers (Cachón, 2003: 2–3). With regard to discrimination on the grounds of belief, the Organic Law 7/1980 on Religious Freedom establishes that ‘religious beliefs shall not constitute a reason for inequality or discrimination before the law. Religious reasons may not be a ground for preventing anyone from

110

Diversity management in Spain

performing any work, activity, responsibility or public office’ (see also Cachón, 2003). Rojo (interview, 26 November 2007) explains that while religious rights are guaranteed in the Constitution, they are not applied equally in all policy fields. For example, while the Agreement of the State with different religious communities in 1992 established the right of students to apply for a different examination date in the event of a religious holiday, the same right does not exist for workers. The legal transposition of the EU directives In order to transpose EU Directives 2000/43 and 2000/78, the PP Parliamentary Group set up thirty two amendments to the Bill of fiscal, administrative and social measures, which is known as ‘the accompanying Law’ (Ley de Acompañamiento). As a result, the two EU directives were transposed jointly in the 62/2003 Bill of 30 December in chapter III of Title II containing three sections.25 The first section (Art. 27–28) contains the transposition of the subject of the legislation and includes the definitions of direct and indirect discrimination, harassment and instructions to discriminate. The second section (Art. 29–33) transposes some of the measures to provide for equality of treatment and non-discrimination on the basis of racial or ethnic origin (Directive 2000/43) in education, health, public services, housing and access to social services in general. This includes affirmative actions for specific groups, the entitlement of legal entities to engage in proceedings, and the reversal of the burden of proof. It also provides the legal basis for the creation of ‘the Council for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin’ (hereafter Council for Equal Treatment). Section 3 transposes the measures for equal treatment and non-discrimination at work, on the basis of racial or ethnic origin, religion or belief, disability, age and sexual orientation. The 62/2004 Bill fully transposes the stipulations regarding employment and training in Directive 2000/43 and Directive 2000/78, including the possibility of adopting positive action measures and the reversal of the ‘burden of proof’. It also adapts several labour laws to the directives and provides for the promotion of equality on various grounds in collective bargaining (Cachón, 2006b). Important to mention in this context is Article 4.2 of the Workers’ Statute that establishes the right of all workers not to be discriminated against at the time of being employed, nor during the period of employment, on the grounds of race, social status, religion, political opinion or language. Article 17.1 declares void any discriminatory clauses of collective agreements, individual



Multiple diversity in the labour market111

agreements and unilateral decisions by discriminatory employers (see also Cachón, 2005: 99). In the field of employment, discrimination is therefore explicitly prohibited by current law, but this is not the case in other areas, such as education, housing and social protection. According to Cachón (2006b: 4), here ‘the applicable regulations do not always contain explicit anti-discrimination clauses, but are instead subject to the general principles of the Constitution’. Stakeholders’ criticisms of the transposition The transposition of the anti-discrimination directives in Spain, and especially the Council for Equal Treatment, has been criticized by most stakeholders both in terms of the lack of political and public debate and the lack of measures to make the new legislation effective.26 The absence of parliamentary debate or consultation with stakeholders highlights the marginal importance of the issue for Spanish politicians.27 The transposition has been criticized for ‘[being] hidden, lacking consultation and parliamentary debate, the absence of a government statement and bypassing of the Council of State and the Economic and Social Council’ (Bell, Chopin and Palmer, 2007: 73). E. Ibarra (interview, 23 January 2008) points out that, as a result, not only ‘the people’28 but also judges are not aware of the new legislation: Even the judges do not know the directives. If you ask a judge now if they know the EU directives, they will know less than a volunteer in our association. … In practice the directives are transposed, but they do not exist in ‘legal terms’ … I would say that the major reason behind this lack of dissemination is that there is a lack of sensitivity in Spain about fighting racism, and even less so about discrimination in Spain. (E. Ibarra, interview, 23 January 2008)

Similar criticism comes from the Non-Discrimination Office in Barcelona, where G. Pulido29 and M. Montesinos30 emphasize that there is not only a lack of knowledge about the directives among victims of discrimination, but also among stakeholders (such as labour union delegates and immigrant associations) and the judiciary (including lawyers). There is also criticism of the Council for Equal Treatment, the composition, competences and functions of which are stipulated by Royal Decree (1262/2007),31 but which has not yet started work. According to the European Network Against Racism (in Manso, 2007): ‘neither the previous government nor the present one has done anything to implement [the directives]. Many promises were made, but to date we are lacking bodies specialized in combating racism, and important measures

112

Diversity management in Spain

need to be taken’. According to the policymakers responsible at the Ministry of Labour and Social Affairs (E. Rodríguez32 and A. Blasco,33 interview, 23 January 2008) the Council was expected to start work in 2008, but in the end this did not occur. The lack of political will is stressed by Pulido (interview, 19 February 2008), among others: ‘In 2007 they passed the royal decree that establishes the composition [stressed], the composition of the organ seven years later that in theory should ensure that the law is complied with. Therefore there is also no political will at State level, or at autonomous community or local level.’ Another criticism mentioned by both academic experts and social actors is the lack of independence granted to the Equality Body (which is designed as an internal consultative body within the Spanish Government) (see for example Foro para la Integración Social de los Inmigrantes, 2007; ECRI, 2006: 12). In an interview with the policymakers responsible at the Ministry of Labour, we asked whether they shared this criticism: Basically yes. The transposition has not been done well. We had no opportunity to carry out a new transposition. … We are waiting for the ­­possibility of a comprehensive law on Discrimination, and in the meantime we are starting to do some pedagogy with the Council, because it is a very limited body and not what we wanted it to be. … At the moment there is a proposal from the Socialist party [PSOE] to establish a law for equal treatment and non-discrimination, which would give us much more room/ we could go much further. At the moment we are planning the Council of Equal Treatment and Non-discrimination, which is a consultative body when it comes down to it. We thought that in order to start and to launch messages and to help victims, but there is a need to tackle this more profound problem, and this law would help with that, including knowing the state of the situation. We know where they are employed, what kind of jobs they do, but we have no information, a systematic database or ­­anything about who feels discriminated against, or a window for people to say something about it. (E. Rodríguez, interview, 23 January 2007)

Although the policymakers admit that a lot has to be done in Spain in terms of the fight against discrimination, they also argue that Spain cannot be compared to European countries with a longer history of immigration: In those countries where they have an independent Council, discrimination policy has a history of fifteen to twenty years. It is not a comparable situation. … Ten years ago we had no need, because there were no immigrants. Most of the criticism about the Council comes from a comparison with the situation in the European context. In Belgium yes, in the UK and Germany, because there has been an immigrant population since the



Multiple diversity in the labour market113 1960s, 1970s. Sometimes you lose this perspective, and you are being compared with a body that has already been in existence for ten or twenty years. (A. Blasco, interview, 23 January 2007)

The implementation of EU directives in policies and collective bargaining Developing anti-discrimination policy As the regulation of immigration flows and first reception of immigrants have the highest priority for politicians and policymakers in Spain, anti-discrimination policy and the promotion of equal treatment are perceived instead as an objective for the future. According to Rodríguez, the fight against discrimination in Spain starts with a fight against the irregular labour market: What is a priority first is that their work is legal and that they work under decent conditions. … By doing this, you have done 50 per cent of the work towards combating discrimination, because this is true discrimination, a real abuse, having people working for you without a contract, with no social or salary guarantees. (E. Rodríguez, interview, 23 January 2007)

According to this policymaker, the normalization process of 2005 had therefore probably most impact in terms of Government policies fighting discrimination against immigrant workers. In daily practice, the fight against the exploitation of foreign workers in the underground economy is largely a matter of workplace inspections that focus on legal incompliance by businesses. These inspections are not limited to the enforcement of immigration law, but focus on all kinds of infringements, including non-payments, health and safety ­­violations, working hours, and so on. Only a small fraction of the infringements detected by these inspections are infractions of the Aliens Law, and these inspections are not sufficient to combat irregular employment in the underground economy. In practice, inspectors visit some workplaces (that are suspected of non-compliance) and check whether the workers have papers and if the workplace meets labour standards (J. Admetlla, interview, 15 February 2008). Although labour inspectors are also responsible for monitoring equal treatment in working conditions, their priority is to detect irregular workers.34 In spite of these critical remarks on the scope and effectiveness of work inspections, workplace inspections are probably the most important mechanism of control the Spanish and Catalan governments have in fighting discrimination against immigrant workers by employers.

114

Diversity management in Spain

Apart from policies aiming at the regularization or detection of irregular workers, the most important implementation of anti-discrimination policies at State level is the 2007–10 Strategic Plan for Citizenship and Integration.35 Combating discrimination and the promotion of equal treatment is one of the three main principles of the Plan, as well as citizenship and interculturality: The Strategic Plan has designed several programmes. We have created a space for exchange of ideas and practices, for example in meetings with local governments we look at possibilities to do something, we have used the European Year of Equal Opportunities to raise awareness on the importance of discrimination, we have signed covenants with autonomous communities in the context of the management of the Fund for integration, where discrimination plays an important part in the area of labour and especially in the area of equal treatment. It is like we are to warm up the motor and start to generate the necessity to work on this issue. (E. Rodríguez, interview, 23 January 2007)

As well as this general awareness-raising campaign in the context of the coordination of the European Year for Equal Opportunities,36 three chapters of the Plan include objectives and policies related to fighting discrimination against immigrant workers. First, in a special chapter on equal treatment, the development of a comprehensive programme for dealing with victims of discrimination is envisioned, as well as the creation of a Council for the promotion of equal treatment (Secretaría de Estado de Inmigración y Emigración, 2007: 294–299). It also includes several programmes co-financed by the EU (such as ‘Combat Discrimination’ and ‘Eurequality’) and the creation of the Spanish Observatory for Racism and Xenophobia.37 Secondly, in the chapter on labour, the Plan envisions fighting discrimination against immigrants in the workplace by means of awareness-raising programmes and promoting diversity management in companies (Secretaría de Estado de Inmigración y Emigración, 2007: 165–166).38 Finally, in the education chapter, an important objective is the improvement of procedures for the validation of degrees and certificates of foreigners, and updating agreements on academic degree equivalences between Spain and immigrants’ countries of origin. The fieldwork in Catalonia gives some additional insight into the implementation of State policy objectives at regional and local level. Anti-discrimination policies by the Catalan government can be found in the Citizenship and Immigration Plan (Pla de Ciutadania i Immigració 2005–08) developed and coordinated by the State Secretariat for Immigration (Secretaria d’Immigració). The Plan develops various reception policies promoting equal treatment and opportunities for



Multiple diversity in the labour market115

immigrant workers, such as the provision of (optional) free courses in the official languages (Spanish and Catalan),39 some basic knowledge about the country, the labour market and workers’ rights for all recently arrived immigrants, and special reception programmes for companies. As well as reception policies, specific equality policies for the workplace include the training of professionals working for the Catalan Employment Agency and the Agency’s development of professional mobility policies (Generalitat de Catalunya, 2005: 85–86). In addition to these reception and equality policies, X. Alonso (interview, 14 March 2008)40 explains that the State Secretariat for Immigration promotes the management of (all kinds of) diversity in companies, labour unions and employers’ organizations. After the approval of the Statute of Autonomy (Estatut) in 2006, the new competences of the Catalan government have given incentives for the development of new integration policies, including those fighting discrimination.41 An important outcome has been the Law for the Reception of Immigrants (Llei d’Acollida),42 which establishes the r­egulations for reception of immigrants in Catalonia. Another initiative is the preparation of a National Immigration Pact (Pacte Nacional per la Immigració),43 which includes policies that aim to give work permits to immigrants arriving as a result of family reunification and immigrants who have studied in Spain (X. Alonso, interview, 14 March 2009). According to this policymaker from the Catalan government, of more importance than the creation of new policies and instruments is the improvement of the implementation of existing regulations, including labour legislation (like the Workers’ Statute and Sanction Law), the Aliens Law and Penal Code; and the functioning of existing institutions, such as Labour Inspectorates and the judiciary: I think there is an overload of norms, and institutions are created by norms. Now, for example we have Observatories that analyse the situation of anti-discrimination. What we should consider is to reutilize organs, and regenerate processes and decisions. I do not know if we need a new organ. What the State has done [to create a Council for Equal Treatment], it has done because the EU had a process of infringement for the nontransposition of the directives, but probably in reality the Spanish legislation was already sufficient and has enough instruments for the fight against discrimination. … I do not think it is necessary here [in Catalonia], as the institutional map is very dense. (X. Alonso, interview, 14 March 2009)

The Non-Discrimination Office in Barcelona, which is part of the city council and was established in 1998 as an observatory of violations of

116

Diversity management in Spain

rights in the city,44 is the only governmental institution we encountered in Catalonia that provides assistance for victims of discrimination, but there are also several NGOs active in this field (see also chapter 4). Collective bargaining The social partners involved in collective bargaining have various ­­ perspectives on the fight against discrimination. First, with regard to institutional discrimination, employers’ organizations emphasize the need to recruit more immigrant workers in sectors where shortages exist, and to speed up procedures for companies recruiting foreign labour in countries of origin.45 Employers are thus in favour of liberalizing immigration policies, not out of any concern about institutional discrimination, but because of the need for (cheap and flexible) labour. Meanwhile, labour unions demand restrictions on the entry of foreign workers, which they see as exerting downward pressure on workers’ wages and social welfare. When labour comes from abroad, the unions put pressure on the Government for greater transparency and involvement in companies’ practices when hiring immigrant workers. For example, Bertran (interview, 7 January 2008) explains that, ‘Not long ago we made a complaint against McDonalds, because of some Peruvians who were recruited in the country of origin, but when they arrived the contract was changed and the salary and working conditions were cut back, etc.’46 In spite of these contrasting positions, fighting discrimination against immigrant workers has become a common objective of both social partners, as shown in the Strategic Agreement of 2005 to ‘Promote the Internationalization, Job Quality and Competitiveness of the Catalan Economy’.47 Among the twenty-four proposals agreed on by the social partners is the need to ensure equal opportunities and prevent discrimination of immigrants in the educational, social and professional spheres. The initiatives proposed in the latter sphere include active labour market policies,48 a model for responsible business (including non-discrimination) and the promotion of compliance with labour regulations on discriminatory behaviour. However, the inclusion of ­­ non-discrimination clauses is in practice rare in collective bargaining, and if they are included, they are often related to gender equality.49 Instead of the inclusion of clauses of non-discrimination on the basis of race, ethnicity, religion and so on, a debate has begun about whether the management of diversity in the workplace should be included within collective agreements.50 Generally speaking, labour unions and employers’ organizations have different perspectives on diversity management.



Multiple diversity in the labour market117

While the former advocate the inclusion of personal (instead of cultural group-related) diversity management in collective agreements for fear of losing immigrant workers (and therefore bargaining power) to ethnicor religion-based unions (C. Bertran, interview, 7 January 2008), the latter prefer to give companies a free hand (M. Mora i Radó, interview, 14  February 2008). Debates on diversity management in companies have mainly been driven by Muslim workers’ claims for flexible working hours, holidays (especially Ramadan) and dress codes, and are often not discussed within the parameters of discrimination but perceived as practical problems that should be dealt with in a pragmatic manner: The debate about whether this is discriminatory or not is not easy, but there are more and more examples of agreements in which diversity is managed at company level. … In Murcia recently, the labour union made an agreement with a company, where a large majority of women working were from North African countries, Muslims, so that the women working there who want to, can wear a veil, but one adapted to health and safety regulations. This is an example of the pragmatic way in which such issues are dealt with in Spain. Conflicts in the workplace have so far been solved by pacts, agreements, normally with the involvement of labour unions, in order to prevent situations that can be described as discriminatory. … Another example is a company in the north of Catalonia, where twenty Muslim women are working, where an agreement has been reached on a change of working hours during Ramadan. (E. Rojo, interview, 26 November 2007)

Good practice and challenges in the legal fight against discrimination in Catalonia Legal action against discriminatory job advertisements There are few initiatives aiming to prevent discrimination in the labour market and at the workplace. SOS Racisme in Catalonia screens job advertisements in order to improve (or guarantee) immigrants, equal access to the labour market. According to Aviñoa:51 At the moment we do not go as far as in France, but we look at advertisements and contact the company responsible and try to prevent [discrimination]. But we are as yet unable to engage in a debate with human resources, who decide on who is fit for the job, because this is impossible. At least we try to prevent a Moroccan, for example, being unable to enter the selection process, because of his origin/nationality. So we send a letter to the employer responsible, and normally they change it, because they know it is a crime, for which there is a sentence of between three months and four years. (B. Aviñoa, interview, 10 January 2007)

118

Diversity management in Spain

The Ombudsman in Catalonia is aware that this type of discrimination is also found in public sector job advertisements in Spain. However, the justification for differential treatment of nationals and non-nationals in the Constitution makes it difficult to fight against this type of discrimination. Nonetheless, Diez52 points out: However, I think that there is a contradiction in terms of access to public employment for EU nationals and Third Country Nationals. While EU nationals have access to certain public administrative jobs, this is not the case for Third Country Nationals. … What we try to do is raise awareness, to make clear that there is a contradiction … and that access to these jobs should be expanded to also include Third Country Nationals. (L.  Diez, interview, 27 February 2008)

Assistance to victims of discrimination Assistance to victims of discrimination is not centrally organized by the Government and therefore depends on the availability and capacities of local governmental and non-governmental organizations. An example of a good practice is the Office for Non-Discrimination in Barcelona, which acts upon complaints of (all kinds of) discrimination, as well as disseminating human rights information. G. Pulido (interview, 19 February 2008) explains that in cases of labour discrimination (of which there are only a few), the legal complaint instrument is almost always used (instead of mediation) and a positive resolution is obtained. Labour unions in Catalonia also play an important role in assisting victims of discrimination, especially irregular workers hoping to obtain a work permit.53 A lot of complaints are related to arraigo laboral.54 For example, there is the case of a woman who we are trying to arrange arraigo laboral for, who has been working illegally for the same company five years, under poor working conditions. In this case, we demanded an inspection and we are waiting for a ruling. We anticipate that the company will have to pay the women for five years of suffering. (C. Bertran, interview, 7 January 2008)

Finally, SOS Racisme in Catalonia also provides assistance to victims of discrimination, but complaints by immigrant workers are scarce55 and limited to cases of discrimination against irregular workers, and sometimes discrimination by co-workers: Most common are cases of undocumented female workers working in domestic service that experience economic mistreatment, such as not being paid their monthly salary, a fraud which is hard to prove using legal procedures. So what we do is to find a mediator, which could be the social



Multiple diversity in the labour market119 services, local police or a social agent to intervene and make sure that the money is paid and that we do not have to start a legal action, which may very well be lost. Because the employer can easily say that he/she does not know the person and the case is over. In domestic service, foreign workers often have no contract, no way of proving the work they have done, and there are only very limited chances of winning. (B. Aviñoa, interview, 10 January 2007)

The challenge of legal enforcement What is particularly striking in the Spanish case is the lack of cases brought before courts and legal rulings that might test the new legislation introduced by the directives. Most cases of discrimination in the workplace that are brought before courts are gender- or disabilityrelated. Cases related to discrimination against immigrants by race and ethnicity are only found outside the workplace (such as race discrimination by police forces). In a report on racism and xenophobia in the EU member states, the European Union Agency for Fundamental Rights (2007: 39) concludes that in Spain ‘there is no evidence that an effective, proportionate and dissuasive sanction was imposed in a single case of ethnic discrimination’. These findings are supported by the results of the Migration Integration Policy Index of 2006, where Spain scores only 50 per cent on the anti-discrimination indicator and therefore ranks seventeenth among the twenty-eight countries included in the study. This poor result is said to be due to ‘limited punishment, lengthy court cases and the lack of implementation of the specialized equality body, which mandate, powers, and legal standing are still ill-defined’. Cachón (2006b) points out that the fragmented nature of anti-discrimination legislation, combined with a lack of awareness among the judiciary, leads to courts usually treating cases as infringements of other types of legal rights, without taking ­­discrimination into account. M. Montesinos (interview, 19 February 2008) has a similar opinion: ‘The problem is the lack of transposition and the lack of juridical awareness among judges in general, because there is no application. … As a result, the directives are not well regulated. They are not commonly used on an everyday basis, because there is no previous regulation or juridical awareness.’ Apart from these institutional constraints on using the directives in the legal fight against discrimination, the stakeholders we interviewed also emphasized the lack of awareness among victims (and their representatives), which results in few complaints concerning discrimination. Those immigrant workers that do report discrimination are in most cases

120

Diversity management in Spain

irregular workers for whom it is more difficult to find proof and a legal procedure is risky. Others might fear losing their job or work permit. However, most immigrants simply do not feel discriminated against, because they earn more than in their country of origin and accept poor working conditions as a price they have to pay for migrating and obtaining a work permit from their employer (C. Bertran, interview, 7 January 2008). The other major labour union in Catalonia has a similar opinion. E. Granados from UGT (in Fuentes, 2006) says: ‘There is a lack of basic information, like the obligation to work with a contract, that you should get paid every month and not every week or day.’ Both labour unions have published leaflets in several languages in order to inform foreign workers about their rights. The Non-Discrimination Office in Barcelona argues that as well as a lack of awareness among victims, actors and collectives defending the rights of vulnerable groups also lack information and knowledge about the legal instruments for fighting discrimination. The Office organized two seminars in order to raise awareness among these actors: one with the lawyers, association in Barcelona in 2005, to raise awareness of the directives among the judiciary, and one in 2008 for union delegates and immigrant associations (G. Pulido and M. Montesinos, interview, 19 February 2008). Concluding remarks As for the education policy area, the workplace policy area in Spain shows multiple discriminations due basically to the difficulties of implementing the EU directives. The practical approach is again acting here as a restraint for facilitating innovation and change. We have seen that discrimination against immigrant workers in Spain primarily refers to those working in the underground economy facing harsh working conditions, without basic rights and protection. In that respect, the EU directives arrived in Spain before there was a social and political debate on equal treatment and opportunities for immigrant workers. The transposition of the anti-discrimination directives in Spain is characterized by a lack of political debate, and a marginal implementation of instruments for making the new legislation effective, especially in terms of the legal (but not operational) Council for Equal Treatment. The directives have stimulated the (first) developments in anti-discrimination policies and anti-discrimination considerations in collective bargaining. However, the fragmentary anti-discrimination legislation, a lack of awareness among the judiciary and a lack of social consciousness of the issue of discrimination within society at large have led to poor results in terms



Multiple diversity in the labour market121

of cases and rulings to test the new legislation. In practice, the legal fight against discrimination against immigrant workers remains largely confined to the fight against the exploitation of irregular workers, and is highly dependent on local initiatives and non-governmental actors. The reception and implementation of the EU directives in Spain can be understood in the context of immigration and the phase of development of integration policies. Although immigration has become a consolidated fact of life in Spanish society, policies that try to manage migration-related diversity are in the first phase of what Zapata-Barrero (2004) calls ‘the process of multiculturality in Spain’ (processo de multiculturalidad). This first phase is mainly concerned with equality of access to rights, while it is only in the second phase (when equality of rights is guaranteed) that discrimination – understood as equal opportunities and treatment – is taken into account.56 The fight against discrimination in Spain is determined by a language of equal rights (both in terms of access and conditions) related to immigrants’ legal status. Such a finalist discourse is an indicator that Spain is in the first phase of the ‘process of multiculturality’. The lack of concern for equal treatment and opportunity (which are assumed under conditions of equal rights) goes hand in hand with an increasing concern for diversity management in companies. Diversity-related demands from (mainly Muslim) workers are nevertheless not approached from a perspective of non-discrimination and equal opportunities, but are instead seen as practical problems that need to be dealt with in a pragmatic way by individual companies (and often not within collective bargaining agreements). These results are in contrast to earlier findings on migration challenges and policy developments in the education sector (see chapter 3). The admission of immigrant children to Spanish classrooms has made educational challenges a recent topic of social and political debate, and both equal rights and opportunities have become part of the policy discourse in this sector. On the other hand, the fight against discrimination in the workplace (in terms of equal opportunities) is instead perceived as a future challenge by policymakers and stakeholders. It remains to be seen how labour policies will change in the future when the children of immigrants enter the labour market in larger numbers. The challenge for policymakers to improve immigrant workers’ equality of rights, treatment and opportunities is crucial for the future of a multicultural Spanish society, as discrimination in the labour market and at the workplace heavily influences social discrimination in other areas of life. The stakeholders we interviewed had differing ideas on how to improve the fight against discrimination in the labour market and at the workplace. Some recommendations focused on preventing institutional

122

Diversity management in Spain

discrimination against immigrant workers. This category includes suggestions aiming to improve legal access to the labour market and the security of immigrants’ legal status. In this context, some point out the contradiction between the Aliens Law (which allows institutional discrimination) and the directives (fighting social discrimination). Others emphasize the need for more flexible mechanisms for recruiting foreign workers in their countries of origin (employers’ organizations). Still others advocate greater flexibility in renewing work permits and access to the Social Security System (especially labour unions). An important instrument for improving the conditions of equal access to the labour market shared by most stakeholders is the need to speed up the validation of foreign diplomas and degrees. Other recommendations are aimed at improving the use of control mechanisms and existing legal instruments for fighting discrimination. In this category, some recommendations point towards ­­improving the work (plans and activities) of labour inspections and other mechanisms of control, such as compliance with the Penal Code and the Aliens Law. Others argue that there is a need for a comprehensive anti-discrimination law, which would have more leverage to introduce the principle of equal treatment and non-discrimination horizontally in all policy fields. Moreover, such a law would provide policymakers with the opportunity to develop a national plan for non-discrimination and to create institutions responsible for enacting this law, such as a more effective Council for Equal Treatment. Finally, a comprehensive law could also give the judiciary important incentives to use legal instruments in the fight against discrimination. Some stakeholders correctly point out that the Penal Code already provides a minimum legal basis for fighting discrimination. A third sphere of recommendations is therefore not aimed at the legal or institutional sphere, but instead at the need for raising awareness in society at large, including the judiciary, employers, labour unions, immigrants and the associations representing them. The dominant argument here is that society should not only be better informed about its rights, but also about the instruments available to fight discrimination. Notes  1 The Race Directive implements the principle of equal treatment between individuals, irrespective of racial or ethnic origin (2000/43 of 29 June 2000) and the Employment Directive establishes a general framework for equal treatment in employment and occupation (2000/78 of 27 November 2000).  2 Other groups that suffer from these types of discrimination include gypsies, black Spaniards and Spanish Jews and Muslims.



Multiple diversity in the labour market123

 3 We only look here at foreign employees, and do not consider discriminatory practices related to foreign self-employed workers. However, discrimination in the labour market may provide an incentive to starting one’s own business, as it could provide immigrants with more labour stability and opportunities for social mobility. For example, Solé and Parella (2005) argue that one of the reasons behind the increase of ‘ethnic businesses’ in Catalonia is the ethnic stratification of the labour market.  4 Interviews were conducted with the major stakeholders in the fight against discrimination against immigrant workers in Spain, including academic experts, State and regional policymakers, representatives of labour unions and employers’ organizations, and spokespersons of civil society organizations. See Appendix 4.1 for an overview of the stakeholders interviewed. We would like to thank Jonathan Zaragoza, doctorate student at the Department of Political Science at UPF, for conducting some of the interviews. The interview quotes used in this text are translations of the original interview material in Spanish/Catalan.  5 As well as ongoing irregular immigration flows, some 600,000 immigrants working in Spain without legal status in 2004 could not fulfil the requirements (ECRI, 2006: 14), and, of those who did, some 15 per cent were unable to renew their temporary permits in 2006 (SOS Racisme, 2007a: 1 6).   6 Some 58 per cent of the foreign workers affiliated with the Social Security System have temporary contracts, and 88.4 per cent of the contracts registered with foreign workers in 2006 were temporary (MTAS, 2006).  7 Due to a large number of immigrants aged between sixteen and sixty-four years.  8 The unemployment rate among foreign males is 2.2 percentage points higher than among Spaniards, while among foreign females it is 3.5 percentage points lower.  9 See the definition of discrimination in the Encyclopedia of Sociology at www.bookrags.com/research/discrimination-eos-01/ (accessed 20 October 2012). 10 Professor of Labour and Social Security Law (Catedrático de Derecho del Trabajo y de la Seguridad Social, Universitat Autónoma de Barcelona). 11 Head of Labour Relations at the Labour Inspectorate, Generalitat de Catalunya. 12 Representative of the Catalan business association, Foment del Treball, Department of Labour Relations and Social Affairs. 13 Coordinator of the Information Centre for Foreign Workers (Centre d’Informació de Treballadors Estrangers – CITE) of the labour union Comisiones Obreras. 14 Since 2002, the Government has restricted the quota for foreign workers to countries that have signed bilateral Agreements with Spain: Morocco, Colombia, Ecuador and the Dominican Republic. These bilateral Agreements function not only as an immigration control mechanism, but also enable the

124

Diversity management in Spain

repatriation of irregular immigrants, and channel labour into sectors with labour shortages (Gil Araújo and Dahiri, 2003: 99–116). 15 Although irregular foreign workers were denied the right to meet, associate, form labour unions and protest under the terms of the former 8/2000 Aliens Law, claims of unconstitutionality against this law have led to legal changes so that these rights also apply to irregular workers. The Constitutional Tribunal has gone even further, by also granting irregular workers Social Security rights in cases of redundancy or workplace accidents (Ibars, 2004). 16 Spokesman of the Madrid-based Social Movement Against Intolerance (Movimiento contra la Intolerancia). 17 See also Article 57 of Law 7/2007, available at: www.boe.es/boe/ dias/2007/04/13/pdfs/A16270-16299.pdf (accessed 10 October 2012) and Article 10.2 of the Law on the Rights and Freedoms of Aliens (4/2000). 18 See also chapter 1. 19 Foreign workers also have a higher rate of fatal accidents (8.4 cases per 100,000 workers) than Spanish workers (6.3 cases per 100,000 workers). The high accident rate in the construction sector is the main explanation for this situation. Among migrants, Moroccans are the group with the highest percentage of workplace accidents (Instituto Nacional de Seguridad e Higiene en el Trabajo, 2006). 20 The high percentage of foreign workers with a temporary and/or fixed contract makes the situation of immigrant workers more precarious, as it denies workers unemployment and/or welfare benefits (see also OECD, 2003). 21 Spokeswoman for the NGO SOS Racisme Catalunya. 22 The two largest labour unions in Spain, CCOO and the UGT have welcomed both legal and illegal migrants as their members (Cornelius, 2004). They have also made organizational efforts to represent immigrant workers, by setting up information centres for foreign workers, which have played a crucial role in regularization processes in Spain. At the same time, unions have been active in encouraging non-discrimination, condemning racist and xenophobic behaviour, and protecting the rights of immigrant workers as a group (Cachón, 2000). 23 Articles 13, 14 and 16 of the Spanish Constitution are particularly relevant. 24 Article 510 of the 1995 Spanish Penal Code penalizes conduct likely to incite discrimination, hatred or violence on racist, anti-Semitic or other grounds, as well as penalizing the dissemination of information of a nature that is prejudicial to groups or associations. See also http://noticias.juridicas. com/base_datos/Penal/lo10-1995.l2t21.html (accessed 10 October 2012). 25 See also www.derecho.com/legislacion/boe/69459 (accessed 10 October 2012). 26 Other criticisms mentioned by Cachón (2006b) concern the lack of rules or plans for including multiple discrimination and the lack of application of situation-testing. 27 Discrimination has recently been placed on the political agenda by the Socialists. In December 2007, the Socialist Parliamentary Group proposed



Multiple diversity in the labour market125

the creation of a public prosecutor specializing in crimes/offences related to immigration, racism and xenophobia, as part of a larger-scale plan against racism and xenophobia (Europa Press, 2007) and in January 2008, the Socialist prime minister Zapatero proposed the creation of an integral law for Equal treatment and non-discrimination (El País, 2008a). 28 Results from the Migration Integration Policy Index show that only 30 per cent of the respondents in Spain knew that a law punished ethnic discrimination in the labour market (Niessen et al., 2006: 169). Results from the special Eurobarometer 263 on discrimination in the European Union show that in Spain only 23 per cent feel they know their rights should they be the victim of discrimination or harassment, compared with an average of 32 per cent of EU citizens. 29 Director of the Barcelona Office of Non-Discrimination. 30 Representative of the Catalan Association for the Defence of Human Rights (Associació Catalana per a la Defensa dels Drets Humans). 31 See also www.boe.es/boe/dias/2007/10/03/pdfs/A40190-40195.pdf (accessed 10 October 2012). 32 Director of the Department of Integration of Immigrants of the Ministry of Labour and Social Affairs (MTAS). 33 Director of the Spanish Observatory for Racism and Xenophobia at the Ministry of Labour and Social Affairs. 34 The few specific initiatives aimed at monitoring equal treatment focus on gender equality (MTAS, 2006). 35 This Plan Estratégico de Ciudadanía e Integración 2007–2010 is available at: http://extranjeros.empleo.gob.es/es/integracionretorno/Plan_estrategico/ (accessed 10 October 2012). 36 See also http://europa.eu/legislation_summaries/other/010314_es.htm (accessed 10 October 2012). 37 The body was created by the 4/2000 Aliens Law, as part of the General Office for the Integration of Immigrants. It began work in March 2006 and analyses data on racism and xenophobia in Spain. It also develops proposals for fighting racism and xenophobia (see also the Observatorio Español del Racismo y la Xenofobia, 2006). 38 Examples of good practice of diversity management in companies can be found in the report prepared by the European Commission in the context of the EC Action Programme to combat discrimination (European Commission, 2005). Examples of initiatives developed by NGOs in Spain include a special seal for companies and products with good practice in terms of employing immigrants introduced by the NGO Red Acoge; the ‘immigration and companies, recommendations for an economically efficient and socially responsible partnership’ catalogue produced by the Comisión de Ayuda al Refugiado en Euskadi (CEAR-Euskadi, 2006); and the anti-discrimination guide distributed to small and medium-sized companies by Asociación Española del Pacto Mundial de Naciones Unidas (ASEPAM, 2006).

126

Diversity management in Spain

39 Despite Article 32, which states that ‘there shall be no discrimination on the basis of use of either of the two languages’, a lack of knowledge of Catalan is explicitly mentioned as reducing equal opportunities and leading to ­­discrimination (Generalitat de Catalunya, 2005: 32). 40 Head of the Area of Institutional Relations of the Secretariat for Immigration of the Catalan government (Cap de l’Àrea de Relacions Institutionals, Secretaria per a la Immigració). 41 See Article 138 of the Estatut for the new competences. Article 42.6 more explicitly states that ‘the public authorities shall take the necessary measures to establish a system for receiving immigrants, and shall promote policies to guarantee recognition and effectiveness of their rights and obligations, equality of opportunity and the services and assistance that will facilitate their social and economic accommodation and their participation in public affairs’ (see also Parlament de Catalunya, 2006). 42 The Reception Law has established standards and norms for the reception of recently arrived immigrants. 43 The National Immigration Pact is an agreement between governmental and non-governmental stakeholders in Catalonia on how to manage migrationrelated diversity. 44 The Charter for the Safeguarding of Human Rights in the City, signed by the City of Barcelona, establishes the principles of equality of rights, and of non-discrimination for all those who live in the signatory cities, irrespective of their nationality, in its Article II. It states that ‘these rights are guaranteed by the municipal authorities, without any discrimination on the grounds of colour, age, sex or sexual orientation, language, religion, political opinion, national or social origin, or level of income’. The charter can be found at www.20.gencat.cat/docs/icip/Contingunts/Publicacions/ Documents%20i%20informes/Arxius/Dret_Hum%c3%A0_a_la_Pau.pdf (accessed 10 October 2012). 45 Spanish employers seeking foreign workers have to prepare generic job offers and make their requests to the Spanish Employment Agency. When this Agency fails to find any legal resident in Spain available for the job or the offer falls within the so-called ‘catalogue of difficult coverage’ (catálogo de difícil cobertura), it sends a recommendation to the Ministry of Labour regarding the preferred number of work permits for foreigners. The Ministry passes this on to the Spanish embassies in Morocco, the Republic of Cape Verde, the Dominican Republic, Colombia, Ecuador, Romania, Poland and Hungary, where workers are recruited under bilateral Agreements. Initiatives to improve mechanisms for contracting foreign workers include the creation of a service for guidance and advice for companies (El Servicio de Orientación y Asesoramiento de Fomento del Trabajo Nacional en materia de Inmigración dirigido a las empresas) in cooperation with the Immigration Department, and the establishment of two service offices (Servicio de Intermediación Laboral en Origen), one in Morocco and one in Colombia.



Multiple diversity in the labour market127

46 In a press release, the labour union demanded an investigation by the Ministry of Labour into the hiring practices of the company, increased monitoring by the Ministry of contracts signed in countries of origin, the involvement of labour unions in these processes and a penalty for ‘labour trafficking’ for the company (Oficina de Prensa de CCOO de Catalunya, 2007). 47 This Agreement reflects the consensus of the Government, labour unions and business associations in Catalonia on adapting the Catalan economy to new realities and the needs of a competitive international and socially cohesive economy. 48 Examples are the creation of an Immigration Committee within the framework of the Board of Directors of the Employment Service for Catalonia (Servei d’Ocupació de Catalunya), which will study how best to organize migratory flows and guarantee the rights of immigrant workers; and the responsibility of the newly created Catalan Council of Labour Relations (Consell de Relacions Laborals) to propose initiatives to ensure equality and non-discrimination. 49 For example, 21 per cent of the collective agreements in Spain in 2006 included a clause on equality and non-discrimination between sexes (CES, 2006: 416). 50 X. Alonso (interview, 14 March 2008), points out two recent examples of collective agreements which include the management of diversity: those for Danone and Eroski (two Spanish supermarket chains). 51 An employee at the NGO SOS Racisme in Barcelona. 52 The Deputy Ombudsman in Catalonia (Síndic de Greuges de Catalunya). 53 Immigrants who can prove continuous residence in Spain for at least three years, family links with other resident foreigners or a social insertion certificate issued by the City Council, as well as an employment contract of at least one year, can apply for social arraigo. However, employment arraigo requires proof of labour relations for at least a year and continuous residence for a minimum of two years. 54 According to Spanish law, the arriago laboral is a means for a foreigner to evidence a continued stay in Spain for a minimum of two years, provided they have no criminal record in Spain or in their country of origin, and can prove the existence of employment lasting not less than one year. 55 For example, a total of 158 complaints were made to SOS Racisme in Catalonia in 2006, of which only twenty-four were related to labour (SOS Racisme, 2007b). 56 While equality of rights is based on the logic of inclusion and exclusion, discrimination is based on the logic of majority and minority (Zapata-Barrero, 2004: 127–140).

128

Diversity management in Spain

Appendix 4.1:  Interview respondents Interview with

Type of actor

 1. Eduardo Rojo

Academic expert in Labour and Social Security Law (Profesor de la Universidad Autónoma de Barcelona) Academic expert and social actor (Profesor titular de Sociología de la Universidad Complutense de Madrid and Presidente del Foro para la integración social de los Inmigrantes) Coordinator of the Information Centre for Foreign Workers of the labour union Comisiones Obreras (Coordinador de CITE-CCOO) Spokeswomen for the non-governmental association SOS Racisme Catalunya Policymakers at State level, at the Ministry of Labour and Social Affairs (Directora General de Integracion de los inmigrantes and Observatorio Español del Racismo y la Xenofobia) Spokesman for the anti-racist organization Movimiento contra la Intolerancia Representative of the Catalan business association Foment del Treball, Department of Labour Relations and Social Affairs Head of labour relations of the Labour Inspectorate in Catalonia (Cap de la unitat de la relacions laborals de Inspecció de Treball) Director of the Barcelona City Council Office of NonDiscrimination (Oficina per la No Discriminació del Ajuntament de Barcelona) and representative of the Catalan Association for the Defence of Human Rights (Associació Catalana per la Defensa dels Drets Humans) Deputy Ombudsman in Catalonia (Síndic de Greuges de Catalunya) Head of the Immigration Secretariat of the Ministry of Institutional Relations of the Catalan government (Cap de l’Àrea de Relacions Institutionals, Secretaria per a la Immigració)

 2. Lorenzo Cachón

 3. Carles Bertran   4. Isabel Martínez and Bernat Aviñoa   5. Estrella Rodríguez and Amapola Blasco  6. Esteban Ibarra   7.  Maria Mora i Radó  8. Jaume Admetlla   9. Guadalupe Pulido and Mireia Montesinos

10.  Laura Díez 11.  Xavier Alonso

5

Multiple diversity in the political arena: the limits of political rights of immigrants

Introduction If we consider the two Socialist Governments of J. L. Rodríguez Zapatero (April 2004 to March 2008, and April 2008 to February 20091) as a point of reference, it can be said that the main focus for immigration policies in Spain has been the labour market and the treatment of immigrants as workers. This institutional emphasis was established by one of the first political decisions of the current Government, which transferred immigration management from the Ministry of Social Affairs to a new Ministry – the Ministry of Labour and Immigration (Ministerio de Trabajo e Inmigración)2 This institutional framework poses problems for the debate on immigrants’ participation, as the social, political and even cultural dimensions of immigrants are clearly of secondary interest. The main focus is instead on how immigrants are treated as workers. This explicit conceptualization of the immigrant as homo economicus also makes it difficult to enter into a debate on participation, as there is no discursive framework within which this can be done. In addition to this institutional framework, the debate has another important restriction: it is a ‘prisoner’ of the constitutional structure, and, as we will see, this limits innovation on this particular issue and provides a legitimate basis for conservative discourses that use it to counter all demands to grant voting rights. Taking this framework into account, when social and political dimensions enter the debate, they do so mainly in terms of voting rights. We will therefore deal with this issue in more detail. In the first section, we describe the public debate on voting rights based on an analysis of newspapers from the beginning of 2006 to 2009. Our main purpose is to identify the main trends in the Spanish debate in order to subsequently help us interpret the terms under which the social and political debate takes place, which is the aim of the second section. The second section is structured in three main parts. In the first, we introduce the main limit of the debate: the legal framework. Any

130

Diversity management in Spain

a­ rgument on voting rights must take this legal framework into account. This is why we argue that this system of legal restrictions must of necessity lead to a pragmatic debate. It is this pragmatic debate that is the focus of the second part. Three main issues will be introduced. The first is what we have labelled ‘the territorial dimension’, which means the level of elections. We will see that this first aspect is important, as it introduces the logic of voting rights as a process: ‘first local elections, and then general elections’. The second key issue is the ‘legal dimension’, which includes at least three kinds of arguments: the nationalitydependence argument: before being granted voting rights, immigrants must stop being immigrants and become Spanish citizens; the second argument is related to the reciprocity principle which characterizes the constitutional restriction. Some argue for its abolition, while others argue not only that this principle should be retained, but also base the debate on attempting to implement it. Finally, as the third argument of the legal dimension, we consider the length of stay, or the determination of time when granting voting rights, regardless of whether the individual concerned is a Spanish citizen. In the third part, we look at the positions of the political parties and social actors with respect to these divisions. The third section looks at Spain’s main institutional consultative body, the Foro para la Integración de los Inmigrantes (Forum for the Integration of Immigrants). We then present the main characteristics for further comparative research based on two different local approaches to the management of immigrant associations: the cases of Madrid and Barcelona in a comparative perspective. The final section concludes. The public debate on voting rights The public debate on voting rights can be divided into four main periods: 1) when the Government said for the first time that it considered the granting of voting rights to immigrants in time for the local elections of 2007 ‘very unlikely’; 2) before the local elections held on 27 May 2007; 3) before the general election of March 2008; and 4) before and after the 37th Congress of the PSOE, at which immigrants’ voting rights was one of the most important issues (table 5.1). Let us consider the main features of each period. Between 2002 and 2006, Izquierda Unida (IU)–ICV tried on several occasions, and unsuccessfully, to introduce a law on voting rights for immigrants. During this period, no public debate about political rights for immigrants appeared in the media. This did not occur until August 2006, when a parliamentary initiative presented by the PSOE and IU was passed, which extended the right to vote in municipal elections



Multiple diversity in the political arena131

Table 5.1.  Main periods of the voting rights debate End of August 2006

March 2007 to May 2007

February 2008 to March 2008

June–July 2008

After the statement by VicePresident De la Vega admitting the unlikelihood of immigrants being given voting rights in the local elections of 2007

Before the local elections of 27 May 2007

Before the general election of March 2008

Before and after the 37th Congress of the PSOE, where immigrants’ voting rights was one of the important issues

to foreign legal residents (Congreso de los Diputados, 2006b).3 The public debate on the voting rights of immigrants started shortly afterwards, as will be discussed below. Its main trends can be summarized as follows: 1. There is a direct link between the run-up to elections (at all territorial levels) and the public debate on voting rights: Before the local elections held on 27 May 2007 (from March 2007 to May 2007), the debate on the voting rights of immigrants revolved around three issues: the inclusion of Bulgarians and Romanians as new voters in local elections, the number of them that were anticipated to vote, and their possible impact on the electoral result.4 In addition, the media also talked about the claims and demands by immigrant associations for voting rights, as well as the campaigns of social actors like SOS Racisme and the UGT and CCOO trade unions.5 Moreover, there were also calls during this electoral campaign from the ERC (Catalonia’s pro-independence party) to change the Spanish Constitution because in its opinion it discriminates between the political rights of immigrants based on their origin (it is against the fact that some immigrants can vote after two years by obtaining Spanish nationality, while others have to wait more than ten years) (El País, 2007c). There are also the words of one member of IU that said that the PSOE did not allow immigrants to vote because ‘they were scared of the PP’s anger’ (El Mundo, 2007b).   Before the general election in March 2008 (from February 2008 to March 2008) there was also an intense debate that began after comments by the PP candidate Sr. Rajoy, stating he was against immigrants’ right to vote in local elections (El País, 2008b). This position led to rejoinders from immigrant associations, pro-­

132

Diversity management in Spain

immigrant NGOs and trade unions that had been demanding and campaigning for immigrants’ right to vote.6   It is important to take into account that these debates always appeared in the press before the elections and not afterwards (contrary to Guiraudon’s, (2000) arguments that the open policies are after elections). 2. It is a highly politicized debate…: public debate is monopolized by the political parties. Despite the fact that social actors, like NGOs or trade unions, are constantly campaigning for the right of immigrant to vote, the media only takes notice of this issue when one of the main parties makes a declaration or proposal about it. This is evident in the fact that the debate before the general election of March 2008 started not as a result of the different social campaigns, but as a result of Sr. Rajoy’s declarations. 3. … framed by the PSOE (the party in government when the public debate on voting rights began in Spain in 2006): The public debate on the voting rights of immigrants did not begin when the parliamentary proposal was presented, but at the end of August 2006, when Vice-President De la Vega said that she thought it was very unlikely that the right to vote for immigrants would take effect in time for the local elections of 2007 (ABC, 2006d). After these comments, the IU (the party that presented the parliamentary initiative jointly with the PSOE) and the PP (the party in opposition, with a restrictive view of voting rights) criticized the PSOE’s comments (ABC, 2006d).   In addition, the last major debate on the voting rights of immigrants took place in July 2008, when during its 37th Congress, the PSOE announced its commitment to promoting the right of immigrants to vote.7 This decision led to reactions from the other parties, the PP (El Mundo, 2008c), CiU (El País, 2008e) and IU.8   Finally, there has been no real debate on voting rights since the 37th PSOE Congress, but only some new items about the steps taken by the Government to implement the decisions taken, such as the creation of the post of a special Ambassador to negotiate the reciprocity of the immigrants’ vote.9 4. The topic of voting rights is used to further political interests: In some cases, the debate about the voting rights of immigrants has been used for political ends. One example of this is the political events that occurred in August 2006. In this period, Spain received one of the biggest waves of immigrants in its history (4,772 immigrants arrived in the Canary Islands in only twenty-eight days, twenty-one more than the total number of immigrants that arrived



Multiple diversity in the political arena133

in the Islands in 2005) (La Vanguardia, 2006b). It was during this month (there is usually no political activity in Spain in August) that the Government used the issue of voting rights to try and hide these waves of immigrants, by approving the parliamentary initiative to extend the right to vote in municipal elections, and declaring some days later that it considered the granting of the vote to immigrants before the local elections due in 2007 to be improbable. These actions created a new debate in which the different political parties, the CiU (El País, 2008e), IU and the PP, positioned themselves by saying that the parliamentary proposal was just ‘an advertisement’ used by the Government ‘to distract attention from the waves of immigrants arriving in the Canary Islands’ (El Mundo, 2006b). Now that the main distinctive features of the Spanish debate have been identified, let us focus on the terms of the social and political debate. The terms of the debate on voting rights This section will describe the state of the debate on voting rights in the following three areas: the legal debate, the pragmatic debate, and the social and political debate. Limitations of the debate: the legal framework In its Article 13.1, the Spanish Constitution equates the rights of foreign residents with those of Spanish citizens. However, it explicitly excludes immigrants’ right to vote and to be elected in Article 13.2,10 except in those cases where this is established by treaty or when the law complies with the principle of reciprocity. This exclusion does not affect resident nationals of member states of the European Union. Since the adoption of the Maastricht Treaty, the reform of the Spanish Constitution,11 the interpretation by the Constitutional Tribunal and the adaptation of Spanish legislation to this treaty, EU citizens have been entitled to vote in municipal and European Parliament elections. Apart from the Agreements with the Netherlands, Denmark and Sweden before the establishment of the EU and European citizenship,12 the only bilateral Agreement that has been implemented is that signed with Norway in 1990,13 which entitled Norwegian residents to vote in Spanish municipal elections. Spain has also signed Agreements with Argentina, Chile, Uruguay, Venezuela and Colombia in order to give voting rights to residents of these countries in Spain.

134

Diversity management in Spain

DEBATE ON VOTING RIGHTS

TERRITORIAL DIMENSION

– State level – Autonomous (regional) level – Local level

LEGAL DIMENSION

– Nationality – Principle of Reciprocity – Permanent Residence

Figure 5.1  Debate on voting rights

As we will see in the following subsections, this principle of reciprocity is one of the basic key issues being discussed. Key issues of the pragmatic debate In the following subsections, we will analyse the debate on voting rights. This debate focuses on the level of application and it is double-edged, as illustrated in figure 5.1. The first debate concerns determination of the territorial level based on the different elections. A Spanish citizen is entitled to vote in elections at four different levels: European, general, regional (autonomous community) and local. The debate revolves around the level at which a non-EU immigrant should be able to vote. As regards the second debate, the focus is on the discussion about which legal criteria (nationality, principle of reciprocity or permanent residence) should be the basic norm for granting voting rights to immigrants.



Multiple diversity in the political arena135

The territorial dimension As mentioned above, the Spanish Constitution only allows immigrants from the EU and from countries with the principle of reciprocity to vote in local elections. In order to explain this exclusion, and in order to reform the Constitution to enable immigrants from the EU to vote, the Constitutional Tribunal said in its ruling on 1 July 1992 that the right to vote at the local level does not affect national sovereignty.14 It said that local elections must be considered as ‘administrative’,15 and the participation of immigrants at local level is not therefore considered to be participation in elected public office related to the exercise of sovereignty. This interpretation makes it easier to implement the required reform of the Constitution, as a reform of Article 13 would be sufficient. Article 13 does not require the complex process of constitutional reform (Diez Bueso, 2008: 131).16 However, this also means that in order to extend the voting rights of immigrants to a regional or national level, it would be necessary to reform Article 23 of the Constitution (the Article related to voting rights) as well as Article 1.2, which states that sovereignty derives from the Spanish people. Diez Bueso (2008: 130) argues that granting voting rights to immigrants will only be possible at local level in the short term, for two reasons: first, because this political level is very important to immigrants due to the proximity of the local council to residents, the services it provides and its strategic position within the integration process. Moreover, participation at this level could be a first step for future participation at regional or national level. Secondly, the right to vote at local level is directly related to the only reform of the Constitution that has been approved since its creation. However, other authors believe that there is no reason to exclude voting rights at any level, even including general elections: There is a kind of pessimism in the academic debate (because of the constitutional limitations) that is making academics talk about a reform limited to just trying to get the right to vote at the local level and go no further. This is a mistake, because precisely what academics are able to do is to go further, they are free to think, and they do not have to be limited by technical or legal aspects. And I think there should be no differences in terms of length of residence between the right to vote in local elections and general elections, especially if we take into account that it is even easier for an immigrant to be aware of and concerned about national issues (by means of TV, the press, etc.) than local issues, which are usually more technical and have less media coverage. (Interview with M. A. Presno, 15 October 200817)

136

Diversity management in Spain

In this respect, it seems that the complex constitutional constraints have created a situation in which the goal seems to be to achieve the right to vote for immigrants at local level, and the territorial debate therefore seems to be relegated to a secondary level or considered less important. The legal dimension As we have seen, the state of voting rights for immigrants in Spain is limited by the constitutional framework. For this reason, the debate surrounding the promotion of voting rights of immigrants in Spain is very complex. There are three main proposals: 1) a reduction in the number of years of permanent residence needed to obtain Spanish nationality; 2) the promotion and/or reinterpretation of the principle of reciprocity; and 3) a reform of the Spanish Constitution.18 Access to nationality One of the alternatives is to reform the Civil Code in order to reduce the number of years of permanent residence that immigrants need to obtain Spanish nationality. Article 22 of the Spanish Civil Code states that in order to obtain Spanish nationality, an immigrant must prove continuous and legal residence for the ten-year period before the application, which is shortened to two years for Latin Americans and other nationalities with historic links to Spain.19 Article 22 clearly creates a situation of selection based on origin (Zapata-Barrero, 2004: 55). In other words, the Spanish Civil Code establishes a framework of ‘institutional discrimination’ (ZapataBarrero, 2004: 58–61), which has a direct impact on the political rights dimension (in which preferred nationalities have priority compared with other nationalities in terms of obtaining voting rights). Some political commentators have proposed reducing and standardizing this period of residence in order to avoid this institutional discrimination, and to make it easier for immigrants to obtain Spanish nationality and hence voting rights. However, there are various criticisms of this proposal. First, it is important to remember that, for many immigrants, obtaining Spanish nationality means having to give up their original nationality (Presno Linera, 2004: 10; Diez Bueso, 2008: 129). This is a very high price to pay for immigrants in order to obtain voting rights, with family, legal and personal losses. Another reason why academics argue against this alternative is because it is contrary to the universality of civil rights. It must be acknowledged that the democratic institutions are not treating all immigrants equally with this nationality option (Diez  Bueso, 2008: 130). For this reason, it is necessary to



Multiple diversity in the political arena137

consider immigrant residents as part of the people, with all their rights guaranteed (Presno Linera, 2004: 10–11). The principle of reciprocity The principle of reciprocity with the rights of the substantial number of Spanish emigrants abroad was established with the approval of the Spanish Constitution in mind (Zapata-Barrero, 2004: 52). ‘In the field of fundamental rights, the principle of reciprocity makes no sense. However, it has a logical explanation: when the Spanish Constitution was written, Spain was a country of emigration, and this principle was a measure to put pressure on Germany, in order to obtain the right to vote for Spanish residents in Germany’ E. Aja, interview, 3 October 2008). It is therefore a limitation that is not common in comparative law, as the conditions required to obtain voting rights are not only linked to the length of residence (Diez Bueso, 2008: 132). In other words, this principle makes the voting rights of immigrants in Spain dependent on the rights received by the Spanish emigrants in their countries of origin. This principle creates a distinction between immigrants from different countries of origin, giving rise to asymmetrical results that clearly run contrary to the objective of common integration (Solanes Corella, 2006: 23). Moreover, if the extension of voting rights is carried out through the promotion of this principle, then an ‘à la carte recognition’ may occur, as the Spanish Government would be promoting the rights of immigrants based on some criteria of preference, depending on the number of those immigrants, for instance, and also on political or economic interests (Solanes Corella, 2006: 24). Another aspect for consideration is that this principle leaves immigrants from countries with a non-democratic regime (Diez Bueso, 2008: 132), or from countries with Constitutions explicitly forbidding immigrants from voting in its elections (such as Ecuador), without voting rights. This mechanism will therefore lead to inequalities between different groups of immigrants, and legal complexities due to the different related legal regimes, even if many treaties of reciprocity are signed. Even if this principle is restrictive of the granting of rights to immigrants, while the possibility of constitutional reform is not accepted by the political parties, the reinterpretation of this principle remains one of the main solutions proposed for promoting the voting rights of ­­ immigrants (Solanes Corella, 2006: 27). For this reason, a new reinterpretation of this clause of reciprocity would enable this right be extended to many immigrants from different countries; that is, it would be possible to allow resident immigrants to obtain the right to vote even if Spaniards are subject to different conditions and terms in their coun-

138

Diversity management in Spain

tries. In fact, these differences already existed between Spain and the Netherlands (before the ratification and transposition of the Maastricht Treaty), when Dutch citizens only needed three years of residence in Spain to be entitled to vote, while Spaniards needed five years of residence to obtain the same right in the Netherlands. As De la Rosa (2006: 151–152) says, in order to respect the ­constitutional requirement of reciprocity, a legal text could be approved that recognized the right to vote of immigrants coming from countries where Spanish residents were also able to vote, with no need for the same conditions and criteria on both sides. Reciprocity does not necessarily mean ‘homogeneous conditions’. However, it must be remembered that this solution would not be universal, and that many immigrants would not be able to vote. This is why authors such as Presno Linera (2004: 9) argue that this principle should be abolished, because the rights of immigrants cannot be promoted by international treaties or diplomacy, and even less so if these rights are fundamental and should be universal in any democracy. Lastly, a final argument against the mechanism of reciprocity is that this process is not only very slow (because it requires lengthy negotiations and other diplomatic steps before treaties are signed), but also because even if some Agreements have been signed, these need to be ratified or need other Agreements to function. Spanish Governments have not to date made any efforts or movement in that direction (Diez Bueso, 2008: 132). According to this perspective, Presno Linera says that although Spain has signed treaties with Norway, Chile, Argentina, Uruguay and Colombia,20 only the Norwegians today have the right to vote (El País, 2008e). One explanation for the non-ratification of these Agreements is that: ‘I suppose that the process of promotion and ratification of the treaties of reciprocity was stopped because when the Government saw that after signing the treaties with South American countries, they did not know how to say NO to Morocco, with problems like in Melilla, so they decided to stop the process’ (E. Aja, interview, 3 October 2008). A constitutional reform The Spanish Constitution is very rigid and difficult to change. This is because it was created as a result of a consensus between the main ­­political forces during the democratic transition, in order to resolve important conflicts of the past (conflicts that led to the establishment of the Dictatorship of Franco in 1939) (Ferreres Comella, 2000). This is why almost no political party is seriously considering changing any Article of the Constitution, even if this concerns Articles such as Art.13.2, which deals with a completely new issue for Spanish society,



Multiple diversity in the political arena139

like voting rights for immigrants. However, as Miravet (2006: 22) says, the proposal for constitutional reform should not create any fear in a democracy that considers itself mature. It is only a reform that tries to adapt fundamental norms to one of the big social transformations that it has experienced in the last decade. Various proposals for constitutional reform have been suggested: Aja and Díez Bueso (1999–2000) proposed two options: the deletion of the requirement of reciprocity of Article 13.2, or the deletion of the entire point 2 of Article 13. The process of constitutional reform established in Article 167 would have to be followed in order to do so. Meanwhile, Presno proposes two other alternatives: the first would be the amendment or deletion of Article 13.2 of the Constitution which says that ‘Only Spaniards shall have the rights recognized in Article 23, except in cases which may be established by treaty or by law concerning the right to vote and the right to be elected in municipal elections, and subject to the principle of reciprocity’. This reform would abolish the principle of reciprocity. The deletion of this Article could be undertaken using the process stipulated in Article 167 of the Constitution. This reform would need the approval of a majority of three-fifths of each Chamber.21 If the two Chambers failed to agree, then a Joint Commission composed of Deputies and Senators would be created in order to write a text to be voted on by Congress and the Senate. If the reform is still not approved, but if the text was voted for by an absolute majority in the Senate, then Congress may pass the reform by a twothirds majority. After being passed, it must be submitted to a ratification referendum if so requested by a tenth of the members of either Chamber within fifteen days of its approval. This is the formula that was used to allow European residents to be able to be candidates in local elections. The second alternative for enabling non-nationals to vote in all elections would, according to the criteria of the Constitutional Court (Statement of 1 July 1992, F.3.c), require a modification of Article 1.2,22 which would involve resorting to the more complex procedure set out in Article 168: approval by a two-thirds majority in each Chamber, the immediate dissolution of the Chambers and new elections held. The elected new Chambers would then have to ratify the decision and study the new constitutional text, which would again have to be approved by a two-thirds majority in both Chambers. The reform approved by the Cortes Generales (Spanish Parliament) would then be submitted to a referendum for ratification.

140

Diversity management in Spain

The position of political parties and social actors In the following section, we analyse the social and political dimension of the debate by considering the position of social and political actors. In this regard, there are two kinds of positions: one that could be described as conservative, which discusses the acquisition of voting rights but without questioning the nation-State paradigm of linking nationality and voting rights. Another much more progressive position bases its arguments on the premise that this link can be separated: a person can be granted voting rights without necessarily having been granted Spanish nationality. We aim to identify the arguments behind these two discourses. The social actors We consider here the following campaigns and proposals made by various social actors: the campaign called 1IGUAL1 (1 Equals 1), undertaken by the NGO SOS Racisme,23 the campaign by the labour unions CCOO and UGT,24 the campaigns by the social actors (Plataforma tod@s iguales. Tod@s ciudadan@s.)25 and the Social Consensus on Migration (Consens Social sobre Migracion; CSM).26 We can identify the following key arguments: 1. Linking voting rights with residence: SOS-Racisme makes three basic demands: 1) the right of immigrant residents older than 18 years to vote; 2) abolition of the condition of nationality in order to qualify for the right to vote, and equal rights for EU and non-EU ­­citizens; and 3) proof of residence with the municipal ‘empadronamiento’.27 Meanwhile, the platform All Equal, All citizens mentions an additional three points: 1) immigrants’ right to vote and to be elected in municipal and European elections must be recognized in order to put their situation at the same level as the national residents of the countries of the EU; 2) the right to vote must be extended to political participation in autonomous and State elections, in order to create a concept of citizenship linked to residence and not just to nationality; 3) all legal obstacles concerning full rights of citizenship must be abolished, because the concept of citizenship includes more than political nationality. 2. Against the principle of reciprocity: What all the social actors have in common is their opposition to this principle. For example, the Platform and the CSM28 consider the principle of reciprocity to be an unfair mechanism which instead of promoting the right to vote creates political differences and unequal rights between groups of



3.

4.

5.

6.

Multiple diversity in the political arena141

immigrants. The labour unions CCOO and UGT also demand the right of all immigrants to vote, without any kind of discrimination based on origin, culture or bilateral relations between the two States or two Governments. They consider that limiting the right to vote to the principle of reciprocity would lead to a non-cohesive and desegregated society.29 Demands for a constitutional reform: All the social actors propose a modification of the Constitution, and Article 13.2 in particular. However, the CSM goes furthest, by proposing not only an amendment of Article 13.2, but also of Article 6.1 of the Law on the Rights and Freedoms of Aliens 4/2000 (amended by the Law on the Rights and Freedoms of Aliens 8/2000 and 14/2003) regarding rights and freedoms of immigrant people in Spain. Using the reform process of Article 167 of the Constitution, they propose to delete Article 13.2 in order to permit voting rights at local level. Defence of voting rights as an element for the full integration of immigrants: SOS Racisme considers that the concept of citizenship should be linked to residence and not to nationality. It argues that Spain cannot have universal democracy and real integration if it denies part of the population the right to vote. Moreover, this exclusion treats immigrants as ‘second-class’ citizens. For SOS Racisme, ‘If Spanish democracy wants to take a step forward, it will need to give the right to vote to immigrants, as many other European democracies have already done’.30 Length of residence to obtain voting rights: CCOO believes that any immigrant should have the right to vote and stand in any kind of election, although its priority is to obtain this at the local level at least. For this reason, CCOO is campaigning for the right of immigrants to vote in local elections after five years of residence, with no discrimination based on nationality, culture or religion.31 Meanwhile, the UGT labour union has campaigned for immigrants’ right to vote after two years of residence for local elections and after four years for general elections. For the General Secretary of UGT, Sr. Álvarez, the present situation not only denies immigrants recognition, but also provides the basis for some politicians to use immigration for electoral interests during election campaigns (El País, 2008d). Different alternatives for residence criteria: Finally, the CSM proposes four alternatives: 1) Making permanent residence and legal residence the same. Legal residence implies a desire to stay, as regulated in Article 3-bis of LO 4/2000. The right to vote would therefore be linked with legal residence, as is the case with the right of association, assembly and union rights. 2) Obtaining permanent

142

Diversity management in Spain

Table 5.2.  Basic arguments of conservative/progressive positions Conservative position

Progressive position

The principle of reciprocity

The principle of reciprocity guarantees that Spanish citizens abroad will have the same rights as immigrants have in Spain

A constitutional reform

No constitutional amendment should be made, because the principle of reciprocity and access to Spanish nationality are good mechanisms for obtaining voting rights Voting rights should not be related to a certain given length of residence but to access to nationality

This mechanism should be avoided because the rights of a democracy cannot depend on the rights of another country. Moreover, this principle discriminates between immigrants of different nationalities A constitutional amendment of Article 13.2 should be carried out in order to guarantee the voting rights of immigrants after a certain time of residence

Vote related to residence

Access to nationality

The current system of obtaining voting rights at the same time as obtaining Spanish nationality is fair

Length of residence is the best mechanism for giving voting rights to immigrants because it is an indicator that an immigrant wants to stay, to be integrated and to become a citizen Voting rights must not be related to access to nationality, but to length of residence

residence after one year of legal residence. Using this option, the way to obtain the right to vote would be the same as that required to obtain the right of family reunification. 3) Obtaining voting rights after the same years of permanent residence needed to obtain Spanish nationality. This would require a solution to the discrimination that currently exists in terms of obtaining Spanish nationality. 4) Obtaining voting rights after five years of legal permanent residence (Articles 71 and 74 of the Royal Decree 2393/2004). The parliamentary debate Both the conservative and the progressive discourses take different positions on the double-edged debate on voting rights. In table 5.2, we can see the basic arguments of the conservative/progressive positions on each aspect of the debate. The political debate about voting rights started in 2002 and has to date been led by the various parliamentary proposals made by IU–ICV. Two of these parliamentary proposals led to a political debate in the Congress of Deputies: the Parliamentary Debate of the 25 May 2004 (debated in Parliament in March 2005) about the recognition of the right to vote



Multiple diversity in the political arena143

and stand as a candidate for foreign citizens in Spain, in which IU asked the Government to make the necessary regulatory amendments to allow immigrants the right to vote in all elections, after one year of permanent residence for local elections and after three years for the rest. In the Parliamentary Debate of January 2006 (debated 21 February) in order to advance the recognition of the right to vote and stand as a candidate for the foreign citizens in Spain, the IU asked the Government to consider the legal reform necessary to enable immigrant residents in Spain to participate in the next local elections, regulating the right to vote as a means of political participation and social integration, and ­­proposed a dialogue on this issue with all the parliamentary groups, with the autonomous communities, local governments, social actors, NGOs and immigrant associations. The fact that the first proposal was progressive and innovative, and the second moderate, clearly shows the position of each party on this issue. We now present the conservative and progressive arguments that appeared during the two debates: 1. The Convention on the participation of foreigners in public life at local level as an argument for the promotion of voting rights of immigrants: In the two proposals, the IU pointed out that Spain is one of the countries that is not abiding by the European treaties on this issue, as it has not ratified the Convention on the participation of foreigners in public life at local level and it is not following the recommendations of the Handbook on Integration.32 Moreover, it drew attention to the fact that Spain cannot ratify this treaty (which promotes the right of immigrants to vote after five years of residence) because the Spanish Constitution does not permit it. It asked the Government to follow the example of Denmark, Finland, the Netherlands, Norway, Sweden and Ireland, countries that have already ratified it. During the debates, parties like the Nationalist Basque Party (PNV) and Canarian Coalition (CC) were in favour of recognizing Article 6.1 of the Convention on the participation of foreigners in public life at local level (approved in 1992 but not ratified until 1997), which established five years of residence by immigrants as a requirement for voting in local elections. 2. Nationality and voting rights: The PP defended the current constitutional situation that restricts voting rights to Spaniards and immigrants from a country with a reciprocity agreement. They defended Article 13 of the Constitution because it defends the idea of a ‘nation-State’, which means that only those who are nationals from this State will feel identified with and will be loyal to the State.

144

Diversity management in Spain

This is why they pointed out that this Article is linked to the concept of sovereignty, and argued that in Spain there is ‘only one citizen body that has the legitimacy of national sovereignty: the Spaniards. National sovereignty resides with the Spanish people. The Parliament is the chamber that represents the Spanish people. The “Cortes” are the chambers that represent Spanish sovereignty.’33 Finally, it concluded by saying that the acquisition of nationality is an appropriate process for gaining full citizenship and political rights. The CC also argued that if the first proposal by the IU (asking for the right to vote after one year’s permanent residence) was accepted, ‘we would enter a denaturalization process of all the principles of rights of citizenship and rights of identity’ and we ‘could damage the nature of the democratic and representative system’.34 3. The principle of reciprocity: The IU was critical of the principle of reciprocity because it believes that this principle not only means that democracy and voting rights of immigrants are promoted by international agreements, but also because some of these agreements are not ratified, such as those with Chile, Uruguay and Argentina. Moreover, it argued that this principle does not allow immigrants coming from countries with a dictatorial regime to obtain the right to vote, which means that this principle promotes the ‘extraterritoriality of dictatorships’ (i.e. immigrants coming to Spain from dictatorial regimes arrive with ‘the baggage of the dictatorship’).35 Meanwhile, the PP defended the principle of reciprocity, saying that if an immigrant from a country that does not grant the right to vote to Spanish residents is granted the right to vote, this could be considered discriminatory, but against Spanish citizens. It believes that this principle of reciprocity must be maintained because it acts as a guarantor of equality between Spaniards and immigrants. The PP maintained the same argument in the second debate, defending the principle of reciprocity and international agreements because in its opinion this principle is not contrary to the principle of equality and is not discriminatory but instead an action that appeals to common sense and pure logic. 4. Length of residence: The PNV argued that the IU was going too far on the recognition of voting rights by suggesting such a short time of permanent residence, but considered the proposal interesting because it was looking for new ways of integrating immigrants. This also would require reform of Article 13.2 of the Constitution, which is precisely what the PNV considers should be done. However, the CC disagreed with the IU proposal because there is no guarantee that immigrants will achieve integration within just one year. However,



Multiple diversity in the political arena145

it accepted five years for local elections, because it considered that after five years, immigrants may have settled or integrated into the economic, social and cultural values of these local governments. 5. Voting rights as a factor in integration: For the IU, the promotion of voting rights would make everyone equal (with the same privileges and the same obligations), and would ‘involve everybody in the res publica, in the public realm’.36 It also presented the promotion of this right as a remedy against xenophobia. 6. The nationalist split: The nationalist parties of Catalonia, the ERC and CiU, considered that democracy can only be exercised with common values, based on fundamental rights and with some minimum identification with the country’s citizens and language. They considered that obtaining nationality and permanent residence depends not only on time but also on knowledge of the language and the history of the country. This is why they make voting rights of immigrants conditional on completing courses and citizenship exams that assess their integration into the receiving society. For them, the priority is integration with participation later, and they argue that the crisis of integration in the Netherlands shows that this right does not guarantee immigrants’ integration. Meanwhile, the ERC used this debate (which took place during the negotiations for the Estatut de Catalunya),37 to press its claims for the finance competences of the government of Catalonia, by arguing that it is better to receive immigrants with better regional financial competences than to grant them political rights. 7. The position of the Government depending on the political context: The PSOE said it disagreed with the first proposal of the IU because it violated Art. 13.2 of the Constitution and because, ‘in an unrealistic way, it was giving all the rights to immigrants, and proposing something unprecedented in comparative law’. Moreover, it argued that voting rights of immigrants is not such a clear factor for integration based on the fact that the Netherlands, Ireland, Sweden, Finland and Denmark also have voting rights for immigrants but are still having problems with integration. However, one important factor external to this debate was that during this same period the PSOE was carrying out a major process for the regularization of immigrants that provoked intense public debate. This was probably why during this debate, the PSOE said there had to be a realistic, ­­ calm, serious debate, without demagogy or partisanship, in order for decisions to be taken on the voting issue. However, the PSOE agreed with the second proposal of the IU because it said ‘it searched for a consensus of all the parties and social actors, stressed the

146

Diversity management in Spain

importance of integration of immigrants, and it seeks agreement, and hence co-responsibility, of all the parties in its creation and development’ (El País, 2008d). However, the approval of this parliamentary initiative was only a declaration of intent (to study the promotion of the principle of reciprocity or the possibility of the time of residence as a way to promote voting rights). As can be seen, the prospects for reform are linked with the possible consequences, or, more precisely, with the electoral consequences. The important point here is that the electoral interests of the PP and the PSOE play an important role in any possible reform. However, the political interests of each party should not be misunderstood. Indeed, studies have shown that granting the right to vote to immigrants would not alter electoral results, which would be more or less the same (Martínez de Lizarrondo, 2004; Miravet, 2006). Taking this into account, it is important to understand that the PSOE is implementing this reform on a step-by-step basis because it is concerned about the reaction of the native electorate. The political strategy of the PP is to try to convince the undecided electorate that the PSOE is not defending their interests but prioritizing those of the immigrants. In other words: The electoral behaviour of the immigrant is very similar to the native vote. But now, in times of crisis, it is possible that the natives (especially people with fewer resources and those more affected by the immigrants) will believe the discourse and think that if a party is promoting voting rights of immigrants this means it is more worried about immigrants’ interests rather than their own interests. This may affect the results of elections and may make parties afraid, particularly the left-wing ones that promote voting rights. (M. A. Presno, interview, 15 October 2008)

The debate about political rights has now resurfaced. In a Senate session in September 2008, the Government announced its request to the Council of State for a report about the main proposals of reform of the electoral regime and its constitutional constraints. It also announced that in order to promote the signing of treaties of reciprocity with other countries, at its meeting of 14 August, the Council of Ministers had agreed to name an Ambassador (Gonzalo de Benito Secades, ­­ex-Ambassador of Spain in Switzerland) to negotiate these treaties.38 Institutional channelling: the FII When it was established in 1995, the Forum for the Social Integration of Immigrants39 was defined as a ‘body of a consultative nature, with



Multiple diversity in the political arena147

the capacity to issue reports and recommendations and to adopt agreements on its own initiative or by a nonbinding consultation with the Government’ (Gobierno de España, 1995). In 2001, it was redefined as a ‘consultation, information and assessment body of the Government in matters concerning the integration of immigrants’ (Gobierno de España, 2001), which meant a reduction in the competences it possessed in 1995. Between its foundation and 2000, the FII was institutionally part of the Ministry of Social Affairs, but in 2000 it became part of the Ministry of Internal Affairs, which was an indicator that the Government was willing to carry out more restrictive policies in the area of immigration. In 2006, after the election victory of the Socialist Party, the FII was again moved to the Ministry of Employment and Social Affairs. The composition of the FII has undergone three changes during its existence. It started with thirteen members, which was reduced to just twenty-four members after the Royal Decree of 2001, and increased again to thirteen members in 2006. Its composition is divided into three kinds of actors, with ten representatives each. These are the Public Administration (from the central Government, autonomous g­­ overnment, and local government),40 social organizations (with representation ­­ for labour unions and employers’ organizations), and immigrant associations. It has a President, Mr. Cachón, two Vice-Presidents and a Secretary. The President is appointed by the Ministry of Labour and Social Affairs and proposed by the Secretary for Immigration.41 Another major change involves the Vice-Presidencies. Until 2006, the two vice-presidents were appointed by the Government, but since RD 3/2006 (Gobierno de España, 2006), one of them has been chosen by and from among the representatives of the immigrant associations and social organizations, and the other is the Director General for the Integration of Immigrants of the Labour and Social Affairs Ministry. As regards the appointment of spokespersons representing the associations of immigrants and refugees and social support organizations, the selection is made by the Ministry of Employment and Social Affairs based on the following criteria: the statutory objectives of the association; its level of territorial outreach; its experience in implementing programmes and related activities; the efficacy and efficiency of previous programmes carried out through subsidies; its management structure and capacity; and its representative nature in terms of the number of immigrants in Spain. The role of immigrant associations has been weak, partly as a result of these selection criteria. Their participation is conditional on their economic dependence on public authorities, the moderation of their discourse (negotiation and reform versus rupture and conflict), and

148

Diversity management in Spain

their adjustment of their activities to the expectations of the institutions (assistance and cooperation rather than fights and demands) means that the organization will be included in official channels of dialogue as well as access to economic resources (González-Enriquez, 2005: 27). The acceptance of this logic does not explain the unusual combination of charismatic leadership, lack of transparency, and the absence of internal and participative political culture within the associations (Veredas, 2003: 212). In any event, the shortcomings in the functioning of the FII have mainly been due to the reluctance to create a consultative body at national level, covering both social integration and immigration policy. However, it is important to take into account that since the approval of Royal Decree 3/2006 on 16 January 2006, the FII has increased its capacity for consultation and participation. The FII recovered some competences such as the ability to create and implement studies and initiatives related to the social integration of immigrants, and also the ability to commission reports about the proposals, plans and programmes related to immigration (not only when asked to do so by the central Government but also on its own initiative). This decree also added two other important competences: 1) the ability to cooperate with other agencies to coordinate different actions related to integration; and 2) the central Government must consult with the FII beforehand on plans and programmes related to the integration of immigration: It is an autonomous body that does not publicize itself, it doesn’t comment on isolated events, but analyses structural issues. It does not respond to sensationalist issues. The FII works in commissions, it works in detail and in depth. It is not a body that seeks media attention, using isolated events, but it endeavours to create, with everybody’s collaboration, elaborate and objective reports and analysis aimed at the general public and for the Government. It is a key body for the Government on immigration-related issues. (J. A. Jimenez, interview, 3 November 2008)

Meanwhile, the decree of 2006 also made changes to the composition of the FII, once again increasing it to thirty members, with ten for each group of actors. The objective was to increase the number of immigrant and social associations, and include a representative from the Ministry of Education and Science, and another from the Institute of Women. These changes, and above all the prior consultation, may contribute to regenerating the FII as a platform for participation and consultation, and improving the representativeness and role played by the immigrant associations: There is a very important mix of associations, interests and opinions. In that respect, the FII has the virtue of searching for a consensus among



Multiple diversity in the political arena149 immigrant associations and other social actors. This enables them to agree on common criteria and proposals that help the administration find out about the real situation of immigration in Spain. The FII is not just a dialogue but also creates common proposals. (J. A. Jimenez, interview, 3 November 2008)

Based on the report of the Forum for the Integration of Immigrants, the main social concerns and themes related to immigration can be listed in the following categories: reception, education, employment, housing, social services, health, childhood and youth, equal treatment, women, participation, awareness, co-development and asylum. Basically, the FII’s demands are for greater administrative capacity for the management of issues related to immigration, wider competences for providing ­­ continued guidance on equal rights and duties, and the necessary resources for increased participation by immigrant groups. There is also specific emphasis on considering immigrants not only as economic actors, but also as social and political actors. At the same time, this body provides immigrant associations with the opportunity to criticize the Government for failing to concentrate its efforts on aspects directly related to the improvement of immigrants’ conditions and opportunities. An important positive point for the integration of immigrants was the reactivation of the FII in early 2007, as a body linking the Government with civil society, completing the structural definition of a political system in the field of immigration. The first major activity of the FII was the production of the first Report on the Situation of the Social Integration of Immigrants and Refugees in 2007. This report established the main social issues related to immigration. This was unusual given that since the establishment of the FII in 1994, there had been no way of establishing a social agenda capable of guiding the Government’s programme, or of legitimating the demands of the social sectors. This reactivation is reflected in the words of J. A. Jimenez: The success of the FII is due on the one hand to its President’s lack of interest in appearing in the media, but also to its production of proposals that help the Government, and the fact that the FII, in its various working committees (on different issues), follows a process of discussion and elaboration, with a consensus, and they debate and prepare everything in the commissions before going to the plenary. This makes the FII not opportunist, nor interested in being in the media. In fact, the FII places so much importance on consensus that the report of 2008 needed six months to produce before it was presented. (J. A. Jimenez, interview, 3 November 2008)

However, the fact that the FII is not an opportunist body that appears

150

Diversity management in Spain

during media events related to immigration means that this virtue can also appear problematic: The problem is that the Government does not use the reports produced by the FII. For example, the Plan of Integration is one of the best pieces of work done by the FII. It was debated, approved by the Government and presented, but since then, the Government has not used it in its discourse, or in its statements. There are good plans and reports made by the FII, on issues like health, education, but afterwards the Government does not use them or talk about them in public. It does not explain this consensus and cooperative work done by the FII or show it to the public. It does not talk about this good plan which is supported by all the members of the FII. It does not use it to answer the criticisms of the other parties. (J. A. Jimenez, interview, 3 November 2008)

On the other hand, the FII’s desire to always seek consensus and to work towards proposing policies for the integration of immigrants at times seems to prevent its ‘critical capacity in terms of the actions and/ or policies of the Government’ (J. A. Jimenez, interview, 3 November 2008). Apart from that, Romania’s membership of the EU will probably lead to a change in the composition of the FII. This incorporation poses important questions, such as: Do we still have to consider Romanians as immigrants? Should they be considered in the FII as pro-immigrants? Some reforms could also be introduced related to the FII’s composition, in order to improve representations and social cohesion. For example: ‘The possibility to invite associations to be present in the FII or to create a rotating formula that enables more associations to be in the FII’ (J. A. Jimenez, interview, 3 November 2008). As mentioned above, one of the committees of the FII covers the debate on the political rights and participation of immigrants in Spain. The conclusions of this committee, summarized in the Report on the Situation of the Social Integration of Immigrants and Refugees in 2007, are as follows: 1. The active participation of immigrants in all social spheres and public matters is the key element in guaranteeing equality in rights and obligations with the native population. 2. The participation of immigrants must not depend on their nationality but should be promoted in all the various ways of civil participation. This will not only make immigrants feel part of the new urban cultural milieu, but will also encourage them to contribute and provide possible solutions to the problems that affect their current coexistence.



Multiple diversity in the political arena151

3. It is also necessary to establish common criteria in order to overcome the existing disparities in immigrant participation between the different autonomous communities. 4. To promote the participation of immigrants, it is necessary to foster a political culture and provide an education on the democratic values of the social rule of law, by providing resources that encourage and strengthen associationism. 5. Visibility of migrants in the civil service is essential to end stereotypes and to undertake political education. In this regard, access to public sector posts must not be restricted by nationality and there must be greater visibility of immigrants in public administration posts such as schools (teachers), security forces (the police), hospitals, and so on. 6. The right to vote is considered essential in order to achieve full ­­integration. In order to foster debate on this important issue, it is necessary to seek solutions to the limits that Article 13.2 of the Spanish Constitution places on granting immigrants participation rights in municipal elections. A reform of this Article should take place, regardless of the promotion of bilateral Agreements of reciprocity. Finally, the FII requested that the Government ratify the Convention of the Council of Europe on the participation of foreigners in public life at local level in order to promote the voting rights of immigrants based on the criteria of length of residence (permanent residence). In October 2008, the Report on the Situation of the Social Integration of Immigrants and Refugees in 2008 was approved in a plenary session of the FII and announced. This report is structured in three parts. The first part presents a summary of the recommendations made in the Report of 2007, in the twelve areas of the Strategic Plan for Citizenship and Integration 2007–10, an overview of these issues and an analysis of the policies made based on the recommendations. The second part contains five monographs produced by various organizations represented in the FII, concerning: 1) establishing roots in the local community; 2) family reunification; 3) employment; 4) gender violence and immigrant women; and 5) asylum. Finally, the last part of the Report presents the twelve points that the FII considered should be Government priorities on immigration and integration in this new legislative period. In this final part, the Report summarizes the FII’s opinion on the policies that affect the integration of immigrants in Spain and in Europe, and on issues that should be the main priorities for political discussion of immigration in Spain in the coming years.

152

Diversity management in Spain

In its 2008 Report, the FII said that none of the recommendations about political rights and participation had been followed, and for this reason they should be maintained and developed as a matter of priority. For the FII, the main challenge for the future is to consolidate and to perfect, on the one hand, the rights that have already been recognized, and, on the other, to progress towards the recognition of rights that not all groups of society have. One of the rights that should receive recognition is the political right to participation, and in particular the right to vote and to be elected in local elections without any kind of restriction. This is why the FII will follow the work of the Subcommission created from the Constitutional Commission of the Congress of Deputies, in order to study possible amendments to the legislation around general elections. The FII will also ask the Ministry of Foreign Affairs and Cooperation for information about the negotiations carried out by the ‘Ambassador in the Special Mission for the Negotiation of Agreements on electoral participation by non-European Union nationals in local elections’, created by the Royal Decree 1428/2008, of 14 August. In the event that the Commission fails to find a legal solution for the full recognition of voting rights of immigrants in local elections, the FII suggests that Article 13.2 of the Spanish Constitution should be reformed. At the same time, the FII considers the reform of the Civil Code necessary in order to enable application for Spanish nationality once permanent residence is granted; that is, after residing for a period of five consecutive years in Spain. Case study: Comparison between Madrid and Barcelona City Councils’ management of immigrant associations In this final section, our study will focus on analysing the similarities and differences between the approaches to the management of immigrant associations in Madrid and Barcelona. We will explore to what extent immigrant associations participate in the consultative bodies of each city, and which mechanisms they use to make their claims and demands to the local city administration. The Foro Madrid de Diálogo y Convivencia and the Mesas Distritales de Dialogo y Convivencia The Foro Madrid de Diálogo y Convivencia (FM) and the Mesas de Diálogo y Convivencia Distritales de la Ciudad de Madrid42 are the forums for debate in Madrid in which immigrant associations are able



Multiple diversity in the political arena153

to participate. The Plan Madrid de Convivencia Social y Intercultural 2004–07 (Madrid Social and Intercultural Coexistence Plan 2004–07) established these agencies of participation, after a process of discussion between various social organizations, which led to its approval in May 2006. The process which led to the creation of the Plan was an important factor in the promotion of immigrant associationism in Madrid: There was an important participative process in the production of the Plan, with more than 500 people participating. Moreover, a registration process for the immigrant associations was established for this participation process, which was a success in promoting associationism. Before this process, there were just a few associations of immigrants registered with Madrid City Council, but now there are many of them. Since 2004, there has also been an enhancement of the participation of immigrant associations in the production of co-development programmes, which is very important because until that point, associations presenting proposals for these development projects were pro-immigrant but not comprised of immigrants. (C. Giménez, interview, 3 November 2008)

The FM can be defined as a forum which provides advice and presents proposals on issues related to intercultural social coexistence, diversity and migration. Its raison d’être is to facilitate the participation of Madrid’s social organizations and public and private sector bodies in municipal activities related to these matters. The main objectives of the FM are: ●  to

advise and consult the various bodies of the City Council on matters related to intercultural social coexistence, diversity and migration; ● to promote and protect social and intercultural coexistence; ● to coordinate the initiatives between the different entities within the FM; ●  to enhance the implementation of policies aimed at defending the rights of individuals, non-discrimination and fighting racism and xenophobia; and ● to promote the production of studies, reports and actions on matters within its competence; ●  to consider and raise the proposals and queries submitted by the Mesas de Diálogo y Convivencia Distritales and the Territorial Council of the districts to the City Council (district plenum, areas of municipal government, Madrid City Council); and monitor and report on their resolution.

154

Diversity management in Spain

One of the features of the FM is its composition. The associations that comprise it are not chosen by the local council but instead by an electoral process. In order to stand for election, the associations and social entities must be registered with the Municipal Record of Civil Entities of the Directorate General of Civic Participation of Madrid City Council. All associations that are candidates in elections must choose between appearing as an ‘NGO and support organization’ or an ‘Immigrants’ association’. The Plenary of the FM is composed of a President (the Director of the Department for Immigration and Development of Madrid City Council or an expert appointed by this Director), two Vice-Presidents (one representing the social organizations, the other only existing when the Director for Immigration has delegated his or her seat to an expert), and sixty-four representatives. This nine latter includes from the public administration (seven from the local administration, one from the autonomous regional administration and one from the central Government), twelve from social organizations (political parties, trade unions, employers’ organizations, parents’ federations), twenty from associations (ten pro-immigrant NGOs and ten immigrant associations), and twenty-three others (twenty-one representatives of the Mesas, one from the regional immigration forum and one from the national FII). The FM, like the Mesas, is mainly a body for dialogue between social organizations and immigrant associations of Madrid: Sometimes the immigrant associations make proposals and demands that end up as declarations. It is also a good thing that the council of the city is obliged by law to respond to all the proposals made by the immigrant associations. However, the FM is a body of dialogue and debate, but it is not a body or a clear mechanism for the immigrant associations to present their demands and proposals. (C. Giménez, interview, 3 November 2008)

This is why it is possible to say that in Madrid, there is no real organization that defends and promotes the interests of immigrant associations: I think immigrants will say that their proposals and demands are not defended and protected in these bodies. However, this impression is understandable because these bodies have not been created to promote immigrants’ demands but to promote dialogue on problems like coexistence, discrimination, racism and those kinds of problems in society. (C. Giménez, interview, 3 November 2008)

However, the fact that Madrid is currently in a transition period, as it is in the middle of producing the II Plan Madrid de Convivencia Social y Intercultural 2009–12, means that although this platform for par-



Multiple diversity in the political arena155

ticipation only began work two years ago, the new Plan may introduce significant reforms: ‘We are in a period of change, because the 2004–07 Plan is going to be superseded by a second Plan. There may be important changes with the next Plan’ (C. Giménez, interview, 3 November 2008). The evidence seems to suggest that there will be no improvement in the representativeness or participation of immigrant associations in Madrid City Council: ‘The support for the Mesas has been reduced, there are fewer resources, less support from the public administration, and less technical support … these indicators might be a sign that in the future these Mesas will disappear. But it is not certain’ (C. Giménez, interview, 3 November 2008). However, the City Council states that: The FM and the Mesas will be maintained in the II Plan, as the main forum of participation. We would like to emphasize that the Mesas are still working on and contributing to the fostering of intercultural coexistence in Madrid, making numerous proposals, suggestions and actions by their participation in the FM, as well as in the meetings that take place every two months, one for each district; there are twenty-one districts in Madrid, with the other members. (A. Gil, Madrid City Council, email, 25 November 2008)

The Consell Municipal d’Immigració de Barcelona In Barcelona, the main consultative body related to immigration is the Consell Municipal d’Immigració de Barcelona (Municipal Council on Immigration of Barcelona: CMIB).43 This Council was created in 1997 and was initially made up of sixteen organizations. Its activity has been intense. It has produced various documents, organized debates and proposed recommendations for the various Plans for action by the City Council. At present, the CMIB is composed of thirty-eight bodies and includes representatives of the immigrant associations, representatives of the political groups in the City Council, experts in the field of immigration and municipal council technocrats. Its function is to promote the participation of immigrants in municipal life in all areas that affect them. The objectives of the Council are: ●

to promote associationism; ensure that all immigrants’ groups are present in this participation body; ●  to cooperate actively with Barcelona City Council in order to ● to

156

Diversity management in Spain

develop, continue and evaluate municipal policy related to matters regarding the well-being and the quality of life of immigrants; and ● to study and to make reports on issues of interest to immigrants. In fact, in Barcelona there is a real interest in the promotion of immigrant associationism: We believe that immigrant associationism is an expression of the growing diversity of our city and increases and enriches the already existing and historical associative network of the city. Immigrant associationism is very extensive and diverse (small associations or big federations that include many associations, those that just want to organize festivals, others that want to provide services, sports, legal advice), which is why we want to reinforce the associative network, connect it to the participatory structures of the city, and connect it with the other associations of the city. Include them in all the activities of the city. And we want to promote immigrants’ activities, enable them to organize activities. (R. Sanahuja, interview, 15 October 2008)

The CMIB is made up of representatives of the City Council, representatives of immigrant associations and federations, and representatives from local civic organizations, trade unions and cultural associations of the city, and/or specific groups dedicated to immigrant issues. To belong to the CMIB, organizations must apply for membership and must fulfil the following conditions: they must be legally constituted non-profit-making organizations, and they must prove that they have been active for at least two years before applying for membership of the Council. Barcelona City Council believes that the transversality between its different departments will improve immigrant integration. This is why this transversality is reflected in the invitation to immigrant associations to participate in the various participatory bodies of the city: We try to promote transversality. Depending on which issue the immigrant association is working on, the secretary for immigration delegates the work to the department of sport or culture (when an immigrant association is involved in theatre, for example). Moreover, when the immigrant associations are more organized and professional they also participate in other participation bodies, such as the Council for women, the Council for young people, the Council for co-development, the District Councils, and the City Council. (R. Sanahuja, interview, 15 October 2008)

City Council representatives do not accept that they follow a specific model of integration, and instead say: ‘We do not follow a model. We merely try to follow these two principles: a) we assume diversity and we respect it as well as the equality of rights. b) We recognize diversity’ (R. Sanahuja, interview, 15 October 2008). However, although they do



Multiple diversity in the political arena157

not name their approach, it seems clear that they follow principles that are different from those adopted by Madrid City Council: In Madrid, they have another philosophy. They seem to prefer to concentrate immigrant associations by nationality or region of origin. Here [in Barcelona] we want diversity and richness of associations, we want links, contacts, relations between immigrant associations and native associations, as much as possible. And that way we will have a cohesive system. (R. Sanahuja, interview, 15 October 2008).

However, to improve the representativeness of immigrant associations and to promote and protect their demands, improvements need to be made: We need more transversality between different departments and sectors. Moreover, I think we should open the immigrant council to other ­­associations, not only to immigrants, but also social actors. We should include and invite the immigrant associations in the different activities of the districts, and make them participate [in these activities]. (R. Sanahuja, interview, 15 October 2008)

In fact, in 2008, the CMIB invited various organizations to participate in the production of its 2008–11 Working Plan (Municipal Council of Immigration, 2008). This led to three meetings where, in a participative and consensual way, the various organizations and the City Council deliberated and reached conclusions on three issues: 1) Where are we? 2) Where do we want to go? 3) How do we want to get there? At the first meeting, the fourteen organizations that decided to participate in the process summarized the positive and negative points of the CMIB as follows: 1. Positive aspects: a) It is a consolidated consultative body. b) It is a meeting point where organizations can influence the City Council’s policies. c) There is a high level of participation. d) There is confidence in the City Council’s policymakers. e) The various committees are committed. f) There is a high level of internal communication between the CMIB and the organization. 2. Negative aspects: a) The need to reform the regulations of the CMIB. b) The lack of a fast-track mechanism to channel public opinion to the Council. c) No visibility of the CMIB outside the organization. d) The CMIB lacks a strategy for communication with the social environment. e) Few documents are produced by the CMIB. f) Lack of representation of many immigrant groups of Barcelona within the

158

Diversity management in Spain

CMIB. g) The need to strengthen the influence of the CMIB in some policies of the City Council. They established four objectives for the next four years: 1. To promote and support associationism and new ways of participation by: the reinforcement of the network of associations through the formation of, and access to, municipal resources and services. Raising the profile of CMIB organizations and increasing the number of immigrant organizations in the CMIB. 2. To promote full citizenship without exceptions or exclusions by: the creation of a consultative group that will participate and collaborate in defining municipal policies. Dissemination of municipal policies on immigration. 3. Internal function: to document the work done by the CMIB (production of an annual report). To update the CMIB’s webpage. To update the internal regulations of the CMIB. To create an Emergency Opinion Committee. 4. Interculturality: to promote meeting points between the organizations and the people of Barcelona. To produce the Municipal Interculturality Plan. The Working Plan states that a detailed evaluation of the work carried out must be completed before 2011. Comparison between Madrid and Barcelona City Councils After describing the CMIB and FM, we summarize the main differences between them: 1. Different levels of participation and representativeness: The FM can be considered a body in which the various social actors of the city meet and discuss issues related to coexistence (such as racism, discrimination, etc.) with immigrant associations. This body does not provide any mechanisms or options for immigrant associations to make demands and defend their interests. In fact, the full name of the FM itself (the Madrid Forum of Dialogue and Coexistence) reflects the body’s priority, which is not immigration but dialogue and coexistence. Meanwhile, the CMIB is a body that deals with any issues related to immigration and promotes not only dialogue and meetings between the different social actors, but also attempts to influence and help in the creation of the Council’s immigration policies. In this respect, the CMIB provides mechanisms for immigrant associations to try and promote their interests and demands.



Multiple diversity in the political arena159

Moreover, as mentioned above, immigrant associations are also included in the various consultative bodies (the youth and women’s culture Councils), enabling them to participate and have a voice in the different structures of the City Council. It is probably the existence of these different opportunities for participation and the involvement of civil society in the definition of local policies that contribute to the development of a denser and varied associative network in Barcelona (González and Morales, 2009). 2. Promotion of immigrant associationism: There is a difference between the efforts and actions of each Council to promote associationism in its city. Barcelona City Council considers associationism in its city to be an indicator of its wealth and tries to promote it as much as possible (large scale and small scale). Moreover, one of the main objectives of its 2008–11 Plan is to reinforce the associative network by means of training, and access to municipal resources and services by organizations concerned. Meanwhile, Madrid City Council has promoted immigrant associationism in an indirect way, almost without meaning to, by creating the FM (as we have seen, the requirement to be registered in order to participate encouraged the creation or registration of associations in Madrid). 3. Different future perspectives: As we have seen, the future perspectives of each Council are very different. While Madrid is in the middle of the approval process for its II Plan of Social and Intercultural Coexistence that will establish the future of the FM, the CMIB has already approved a Plan for the Council for Immigration 2008–11 which, as we have seen, aims to increase the members, objectives, capacities and resources of this Council. 4. Autonomy of the bodies: The CMIB is a body with some degree of autonomy that prepared its own Plan of objectives for the next four years in a participative manner (with fourteen members of the CMIB participating in the production). However, the FM has not only not yet begun to produce any Plan for the coming years, but its very existence, shape, status and competences are dependent on the pending approval of the II Plan. Concluding remarks As we have concluded in the education policy area and at the workplace, structural restrictions are evident in the political area, and are at the origin of an ethnic selection. In this context, multiple diversity plays a prominent role as a heuristic framework to understand why there are so many difficulties for policy innovation and structural change in this

160

Diversity management in Spain

area. Here again the democratic transition is the main source of argumentation. We have seen that the voting rights of immigrants are one of the main debates currently related to immigration in Spain. This debate is gradually becoming more important, not only in the social dimension but also in the parliamentary sphere. Calls for the expansion of this right become louder before any kind of elections, from both immigrant associations and from other social actors, as well as some left-wing political parties. Moreover, this demand has become one of the main and most ­­intensively discussed issues in any kind of consultative body related to immigration (local or national) and has also started to feature in the discourse of some political parties. The debate on voting rights in Spain focuses on the level of application and is double-edged. The first issue concerns determination of the territorial level based on the different elections. A Spanish citizen is entitled to vote in elections at four different levels: European, national, regional (autonomous community) and local. The debate revolves around the level at which a non-EU immigrant should be able to vote. As regards the second issue, the focus is on which legal criterion ­­(nationality, the principle of reciprocity or permanent residence) should be the basic grounds for granting voting rights to immigrants. This is the framework in which the debate on voting rights is taking place, but there are important factors that make increasing this right difficult. The main one is that there is no innovation, no space for it and no resources to make changes because nobody thought about it when the Constitution was being written. In this regard, efforts to increase voting rights for immigrants are meeting obstacles such as the difficulty of changing the Constitution and the main parties’ reluctance to do so, as well as the fact that this issue may negatively affect the electoral interests of the Government. Furthermore, the ethnicization of the Civil Code (or discrimination based on origin in order to obtain Spanish nationality) discriminates against immigrants based on their origin when promoting voting rights. In this respect, it is apparent there is more of a structural ethnicization than a social or political one. A reform of the Civil Code to standardize access to Spanish nationality without discrimination on the grounds of nationality, culture or origin would be a major step forward in promoting the voting rights of immigrants. However, at present it seems that the Government is taking the first steps to promote immigrants’ right to vote, with the creation of a special Ambassador who will be responsible for enhancing the Agreements of reciprocity, as well as the decision to create a Subcommission in the Congress



Multiple diversity in the political arena161

of the Deputies which will study the possible constitutional and legal reforms. However, these first steps and decisions may become a major failure if no constitutional reform is undertaken in the medium term. If the Constitution is not reformed, the fostering of the reciprocity Agreements will not only promote fundamental rights by means of bilateral agreements but also create important discrimination (against immigrants coming from countries with which Spain does not or cannot have an Agreement), and will become more problematic if no constitutional reform is carried out in the medium term to avoid the perpetuation of these inequalities between groups of different origins. This shows that constitutional reform is crucial in promoting the voting rights of immigrants based on the criterion of time of residence and without any kind of exclusions. Immigrant associations in Spain have an important consultative body in which they are represented and which makes their interests heard. Moreover, the FII and all institutions represented on that body are doing significant work, analysing and recommending policies (on the basis of consensus) in order to improve the integration of immigration. However, based on our interviews, some changes are necessary because this success will only be relevant if the Government follows the recommendations of the FII (which is a body with a consultative rather than a compulsory function). Finally, although the local consultative bodies of Madrid and Barcelona are promoting the participation of immigrant associations, it must be said that there remains a great deal of work to be done. In Barcelona, the management of immigrant associationism and the objectives stipulated in the 2008–11 Working Plan of the CMIB shows that Barcelona City Council is not only concerned about promoting ­­immigrant associationism but also about proving immigrants’ representativeness and ability to make their interests heard. Meanwhile, the FM is making a major effort to promote dialogue and coexistence between the immigrant associations and the various public and private actors in the city. However, the objectives of the new Madrid Plan for Social and Intercultural Coexistence appear to suggest that the FM will remain a space of dialogue between entities. It contains no changes which allow the FM to become a real consultative body in which immigrant associations could assert their demands and suggest policies to facilitate their integration and their quality of life.

162

Diversity management in Spain

Notes  1 This was the last date at which information was collected during the research.  2 See the website of the Ministerio de Empleo y Seguridad Social, www. empleo.gob.es/es/sec_emi/index.htm.  3 ABC (2007b, d); www.congreso.es/public_oficiales/L8/CONG/BOCG/D/D_ 428.pdf.  4 El País (2007a, d, e).  5 ABC (2007c); El Mundo (2007a); El País (2007f).  6 See El Mundo (2008a); El País (2008c, d); El Periódico (2008).  7 See the Resolutions made by the Socialist Party at its last Federal Congress in July 2008: p.  135; www.psoe.es/ambito/saladeprensa/docs/ index.do?action5View&id5205507 (accessed 10 October 2012).  8 See El Mundo (2008b, d).  9 The Principle of Reciprocity is analysed in detail in the section ‘Legal dimension’ (pp. 136–139). El País (2008f) and La Vanguardia (2008). 10 Spanish Constitution: Article 13.2. Aliens in Spain shall enjoy the public freedoms guaranteed by the present Part, under the terms to be laid down by treaties and the law. 11 The first and only reform of the Spanish Constitution since its approval consisted of changing Article 13.2 as a consequence of the approval of the Maastricht Treaty in 1992. Article 13.2 now reads as follows: ‘Only Spaniards shall have the rights recognized in Article 23, except in cases which may be established by treaty or by law concerning the right to vote and the right to be elected in municipal elections, and subject to the principle of reciprocity’ (This text includes the first constitutional reform adopted on 27 August 1992, which added the words and the right to be elected to the paragraph). 12 Gobierno de España (1990a, b; 1991a). 13 Gobierno de España (1991b). 14 The Constitutional Court is the supreme interpreter of the Constitution (Art. 1.1, Law on the Constitutional Court). It is a constitutional court and is independent of all others. It is not a part of the ordinary judiciary, and is subject solely to the Constitution and its own law. 15 Declaration of Constitutional Court nº 132.bis, Plenum, 1 July 1992. 16 In order to find out more about the two different kinds of constitutional reform, please see p. 138: ‘A constitutional reform’. 17 See Appendix 5.1 for details of interviewees. 18 The three main proposals aim to make permanent residence the criterion for granting voting rights to immigrants. 19 Article 22.1 of the Spanish Civil Code: Residence in Spain of ten years is required for the granting of citizenship. Five years is sufficient for those who have obtained refugee status and two years for those nationals coming from Ibero-Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or Sephardic Jews (descendants of the Jews that lived on the Iberian Peninsula until 1492).



Multiple diversity in the political arena163

20 Exchange of Letters between Spain and Norway, 1990; Treaty of Friendship and Cooperation between Spain and Chile, 1990; Treaty of Friendship and Cooperation between Spain and Argentina, signed 3 June 1988, between Spain and the Oriental Republic of Uruguay, 23 July 1992, and between Spain and Colombia, 1998. 21 The Spanish Parliament is made up of two Chambers, the Congress and the Senate, and both Chambers represent all of Spain. According to Article 66 of the Constitution, their functions are to exercise the legislative power of the State, adopt its budget, monitor the work of the Government, and the other Articles granted by the Constitution. However, this two-Chamber system does not mean that Congress and the Senate operate on the same level. The Constitution has endowed Congress with a series of duties and powers that demonstrate its supremacy. Congress therefore authorizes the formation of the Government, has the power to dismiss it, is the first to know about procedures of Bills and of budgets, and is responsible for accepting or rejecting amendments or vetoes that the Senate may pass concerning these legislative texts. 22 Spanish Constitution Article 1.2: ‘National sovereignty belongs to the Spanish people, from whom all State powers emanate.’ 23 SOS Racisme campaign for immigrants’ voting rights: www.sosracisme.org/ accions/compoonya.php (accessed 10 October 2012). 24 See El País (2008c), discussing the Platform’s demand for a residence-based citizenship (eighteen NGOs with the support of trade unions including CCOO) demanding the right of immigrants to vote. 25 See the web page of the Manifesto of the Platform for a residence-based citizenship (Plataforma Tod@s iguales. Tod@s ciudadan@s), www.acoge. org/index.php/es/areas-de-erabajo/companas/acquivivo-aqui-voto (accessed 10 October 2012). 26 For more information see Consenso Social Web Page, www.20.gencat/ docs/governacio/Qualitat%20democr%C3%A0tica/02_Divulgacio,%20 formacio%20i%20recerca/04_Recerca/Arxius/participacio_menys.pdf (accessed 10 October 2012). 27 The municipal padrón is the official record of all the people who live in a particular municipality. By law, everyone residing in Spain must be registered in their town of residence. 28 For more information see Consenso Social Webpage, www.20.gencat/ docs/governacio/Qualitat%20democr%C3%A0tica/02_Divulgacio,%20 formacio%20i%20recerca/04_Recerca/Arxius/participacio_menys.pdf (accessed 10 October 2012). 29 Ghassan Saliba Zeghondi – Immigration Secretary, CCOO Catalonia. 30 Campaign by SOS-Racisme 1IGUAL1 (1 Equals 1): www.sosracisme.org/ accions/campanya.php (accessed 10 October 2012). 31 Press release on the CCOO website: ‘CCOO de Catalunya, SOS Racisme i entitats d’immigrants presenten un manifest sobre la situació de la immigració’.

164

Diversity management in Spain

32 Handbook on Integration for Policymakers and Practitioners (European Commission, 2004): http://ec.europa.eu/ewsi/UDRW/images/items/doc1_ 12892_168517401.pdf (accessed 10 October 2012). 33 The Cortes refers to the Cortes Generales, or Spanish Parliament, consisting of the Congress and the Senate, and both Chambers represent all of Spain. 34 See the debate on the Parliamentary Proposal of 16 August 2006 by the Parliamentary Groups of the PSOE and IU–ICV to extend the right to vote in municipal elections to foreign legal residents (Congreso de los Diputados, 2006b). 35 See previous note. 36 See the debate on the Parliamentary Proposal of January 2006 (debated 21 February) to advance recognition of the right to vote and to stand as a candidate for foreign citizens in Spain (Congreso de los Diputados, 2006a). 37 The Estatut de Catalunya (Statute of Autonomy of Catalonia) is the Catalonian basic institutional regulation. It defines the rights and obligations of the citizens of Catalonia, the political institutions of the Catalan nation, their competences and relations with the Spanish State, and the financing of the government of Catalonia. 38 For more information, see Empleo y Seguridad Social, www.empleo.gob.es/ es/sec_emi/index.htm (accessed 10 October 2012). La Vanguardia (2008). 39 For more information see the Ministerio de Empleo y Seguridad Social, www.empleo.gob.es/es/sec_emi/index.htm (accessed 10 October 2012). 40 Five members for the central Government: the Cooperation and Foreign Affairs Ministry, the Internal Affairs Ministry, Ministry of Education and Science, Ministry of Labour and Social Affairs, and the Public Administration Ministry; two members of the autonomous government and two of the local government. 41 From 2001 to 2004, the President of the FII was appointed by the Ministry of Internal Affairs and proposed by the Delegate of the Government for Foreigners and Immigration. 42 These are bodies of participation that could be translated as Madrid Forum of Dialogue and Coexistence, and District Tables of Dialogue and Coexistence of the City of Madrid. The ‘Mesas’ have the same function and objectives as the FM but at district level. There are twenty-one ‘Mesas’, one for each district of Madrid. 43 For more information see the webpage of the Council, www.bcn.cat/ novaciutadania/arees/en/consell_municipal/consell_municipal (accessed 10 October 2012).



Multiple diversity in the political arena165

Appendix 5.1:  Interview respondents Interview with

Type of actor

1. Eliseo Aja

Academic expert in constitutional Law. Professor of law, Universidad de Barcelona Academic expert in public law. Associate Professor at the Universidad de Oviedo Policymaker at local level, in the Barcelona City Council Department for Immigration (Director del Gabinete Técnico de Inmigración) Academic expert, and Professor at the Departament of Social Anthropology at Universidad Autónoma de Madrid Member of the Migration Secretariat of the CCOO (Adjunto de la Secretaria de Migraciones de CCOO) Policymaker at the local level, in the Madrid City Council Department for Immigration and Co-development (Directora general de Inmigración y Cooperación al Desarrollo del Área de Gobierno dez Familia y Servicios Sociales)

2.  Miguel Angel Presno 3.  Ramon Sanahuja 4.  Carlos Giménez 5.  Jose Antonio Jimenez 6. Laura Lopez de Cerain and Amaia Gil

The Spanish philosophy of diversity management

6

Concluding remarks: heuristic of the Spanish philosophy of diversity management

Introduction: Spain as a laboratory of diversities Having analysed three policy areas and shown how the practical approach in Spain plays a restrictive role for policy innovation and structural change, and having shown also that this practical approach cannot be understood without taking into account the multiple-diversity framework of Spain, we can say that Spain is a laboratory of diversities because practically all the main forms of diversity are in interplay with each other, possibly expressing new dimensions that need in-depth examination. The analysis of Spain can in this sense help us to carry out innovative future research on diversity in Europe, illustrating the importance of interconnecting the different dynamics of diversities that past multicultural debates have treated separately (Zapata-Barrero, 2009b, 2010a). Given this framework, it is surprising that ‘there is no discourse policy about identity or a discourse policy about multiculturality’ (ZapataBarrero, 2009d: 119) in Spain. This is particularly apparent when we analyse the parliamentary debates and the political parties’ statements. It is as if there is a common tacit reluctance to talk about immigration in terms of identity. For example, the words ‘multiculturalism’ or ‘interculturality’ were never spoken at any time in seven terms of government between 1982 and 2004 (Marquez, 2007: 99). The parliamentary debates show that Spain is beginning to construct a political discourse in which political parties are seeking to take up their positions and starting to make assumptions for interpreting this phenomenon. However, the debate has turned around security and socio-economic issues. The various Governments have mainly managed migration processes in national terms, in order to avoid negative effects on citizens’ living spaces (Zapata-Barrero, 2005: 206). However, despite the lack of a political debate, Spanish identity is present in the design and implementation of policies, in two basic categories: religion and language. As we will show below, these categories



The Spanish philosophy of diversity management167 Unsolved problems of transition Religion and language categories

Incomplete recognition of minority nation identity

Unclear definition of Spanish identity

Figure 6.1  The Spanish identity issue

are promoted institutionally and are the basis for most diversity policies in Spain. Perhaps one possible answer to understanding why the debate on identity is avoided is because it is both unsolved and incomplete, taking into account the debate on multinationality. It is probably for this reason that Spain has not dared resolve the debate about identity since the transition to democracy in the 1970s. Identity issues related to immigration may potentially cause another as yet unclear and politically undesirable identity issue: multinationality. It is at this point that two dynamics of diversity interact in Spain. However, it is also true that this lack of an identity debate has a positive effect: the lack of a regulatory framework for the appearance of anti-immigration parties, like those that have sprung up all over Europe since the 1980s. The debate about identity in Spain has only been present in Catalonia, and is directly related to the effects of immigration on Catalan identity. In other words, immigration becomes an identityrelated political problem only at the level of historical autonomous communities (Gil, 2009). All these factors are summarized in figure 6.1. This enables us to make the following argument. The premise is that the Spanish identity is still a work in progress, still under construction, which means that it is potentially subject to changes and, at the same time, open to being flexible in the management of diversity-related conflicts. The argument is that to understand why there is no identity debate in Spain on diversity-related immigration, we need to consider the historical and structural contexts. It is precisely these contexts that make the accommodation of Spanish identity to the growing dynamics of diversity difficult, as they act as the main restriction on proactive policies for diversity management. This proactive and reactive movement is managed on a pragmatic basis, showing that the philosophy guiding Spain is a practical one.

168

Diversity management in Spain

To consider this argument in detail, this chapter is structured in three sections. In the first section, we outline the framework of diversity management in Spain, focusing especially on the historical and structural contexts (based on the multinational and legal frameworks). The main findings are summarized under the heading ‘Old questions and new challenges for diversity management’. In the second section, we analyse the management of diversity in Spain related to three interconnected policy fields for the accommodation of diversity: the education, workplace and political rights policy fields, taking into account the framework discussed in the first section. Finally, in the concluding remarks we outline the basic elements of the Spanish ‘practical philosophy’ of diversity management. The framework of management of diversity in Spain The historical context One distinctive characteristic of Spain is that its historical past has a direct effect on the way it understands and manages different forms of expression of diversity today. This historical context can be summarized as shown in figure 6.2. The figure shows that there is a chronological sequence which, instead of keeping them separate, merges discriminating elements into the current management of diversity. Let us briefly summarize each period. As an explanation for the ‘Moorophobia’ existing in Spain, we can use the historical iconography of the Moors, which started during the period

Historical context

The Reconquista (C.VII–XV)

Moorophobia

The Colonial legacy (C. XIX)

Francoism (C. XX, 1940–75)

Transition (C. 1975–78)

Hispanidad A homogeneous community united by language and religion

Reinforcement of Hispanidad and cultural hegamony of Catholic Church. Confusion between launguage and religion. A ‘society without diversity’

Constitutional framework, leaving aside identity questions (religion, education, language)

Figure 6.2  The historical context of diversity-related Spain



The Spanish philosophy of diversity management169

of the Reconquista, when the Spanish Catholic monarchs expelled the Muslims from Spain in 1492, after the kingdom of Al-Andalus had existed for the previous eight centuries. Since then, a negative picture of the Moors has been present in Spain, to the point of becoming the ‘Other’ necessary to consolidate Spanish identity (Zapata-Barrero, 2006: 148). Hispanidad is a political term that was created during the colonial period of Spain and resurrected during Franco’s dictatorship, ‘precisely to comprise the whole Spanish area of influence, designating a linguistic (Spanish) and religious (Catholic) community and creating a sense of belonging, excluding non-Spanish speakers, atheists, Muslims’ (Zapata-Barrero, 2008a: 60). The Franco regime (1940–75) reconstructed this term as a symbol of homogeneity and unity, in order to impose a sentiment of loyalty and patriotism (González Antón, 1997: 613). This exclusion still exists today, and is the basis for the discourse against Moroccans and preference for Spanish-speaking immigrants. The Francoist political command of ‘habla cristiano’ (speak Christian) is a clear example of how the regime worked to blur the distinctions between Spanish (the language) and Christianity (the religion), in order to create its own conception of unity which excluded any type of diversity. Spain was a ‘society without diversity’. Finally, the transition period (1975–78) shows that the political and social consensus expressed through the Constitution (1978) led to unforeseen new diversity-related challenges, because it left aspects linked to religion and linguistic and national pluralism unresolved. For instance, the Catholic Church has some degree of cultural hegemony in the education system and is lobbying against current political decisions related to ‘education for citizenship’, which recognize homosexual marriage, among other disputed issues (see chapter 2). There is still a reluctance to change the Spanish Constitution to allow access to voting rights to all permanent residents, without distinction by nationality, and difficulties of multinational recognition are still present in social and political debates. These historical legacies are still present in the creation of immigration policies and clearly limit innovation and the implementation of proactive policies aimed at managing diversity-related conflicts. The structural context There are two elements illustrating the structural context which limit diversity management in Spain: the multinational and the legal frameworks. Let us briefly introduce the main characteristics of each s­­ eparately.

170

Diversity management in Spain

The multinational framework: the unresolved dynamic of diversity If there is a dimension of diversity inherent to Spain’s very identity, it is indeed multinationalism.1 One of the main characteristics of Spain is that it is composed of at least three main historical minority nations with their own language: Galicia, the Basque country and Catalonia. This multinational social scenario has yet to gain political mutual recognition since the promulgation of the Spanish Constitution in 1978. This scenario supposes additional challenges in the management of diversityrelated immigration. Probably one of the biggest problems (Miret, 2009) is therefore that the current division of jurisdictions prevents minority nations from developing a comprehensive public policy on immigration. However, it is also true that the conflict of jurisdictions in this area has so far been limited. What we are witnessing today is the emerging link between two dimensions of diversity: national minorities and diversity caused by the arrival of immigrants (mainly religion, linguistic and cultural). On this point, the Catalan case study exemplifies the main questions related to two dynamics of diversity.2 However, even if there is a debate about national identity in Catalonia, the debate in this framework should perhaps be about how to accommodate the new multiculturality (immigrants) with the already existing multiculturality (multinationality) (Zapata-Barrero, 2005: 211; 2010). In the multinational context of Spain there is therefore a nationalist cleavage in which the defence of the language and identity of Catalonia and the Basque country is present in debates and policies. Immigration adds a second variable to the social reality of diversity, and affects the process of nation-building. It therefore not only requires a discussion about rights and non-discrimination, but also about the language of identity, the use of political instruments of self-government and language policy (Zapata-Barrero, 2007: 179).3 Immigration presents a potential danger to Catalan culture and identity, especially with regard to the future of the Catalan language. As a consequence, Catalan language immersion is one of the main policies of the Generalitat as regards immigrants’ integration. This is particularly apparent in the bilingual education system (Departament d’Educació, 2007a: 6). In autonomous communities where a second official language is promoted, immigration thus represents a challenge to identity politics and has led to specific challenges in terms of how to manage bilingualism and now multilingualism in schools. The Laws of Linguistic Normalization (1983) gave Catalan, Basque and Galician an official status in their respective territories and also provided regional authorities with control over the educational



The Spanish philosophy of diversity management171

system and the possibility to develop bilingual education programmes and the distinctive curricula. In Catalonia and the Basque country the authorities consequently started a process of ‘normalization’ of Catalan and Basque. In both autonomous communities, linguistic departments were established to enforce laws that put the national language on an equal status with Spanish, including in compulsory education.4 This nationalist cleavage is also present in the discourse of the nationalist parties. For example, the nationalist parties of Catalonia, the ERC and CiU, believe that democracy can only be exercised with common values, based on fundamental rights and with a minimal identification with the citizens and the language of the country. They consider that obtaining nationality and permanent residence is dependent not only on time but also on the knowledge of the language and the history of the country. This is why they make the voting rights of immigrants conditional on taking courses and citizenship exams that assess their integration into the receiving society. For them, the priority is integration and then participation, and they argue that the crisis of integration in the Netherlands shows that this right will not guarantee immigrants’ integration. Moreover, nationalist parties sometimes use the immigration debate to support their demands for financial competences or for more self-government. The legal framework: a framework of institutional discrimination The legal framework plays an important role in the management of diversity, mainly because of the Aliens Law (Ley de Extranjeria)5 and the Spanish Constitution. Moreover, the Spanish Civil Code is very clearly based on ethnicization as it creates a situation of selection by origin (Zapata-Barrero, 2004: 55). Figure 6.3 summarizes the legal framework affecting diversity management in Spain. The Spanish Constitution (1978) laid down a legal framework of democratic principles and made equal treatment and non-discrimination (as well as liberty, justice and political pluralism) basic pillars of the ­­non-confessional State. Moreover, in Article 13.1, the Spanish Constitution places the rights of foreign residents on an equal footing with those of Spanish citizens. However, in Article 13.2 it explicitly excludes immigrants’ right to vote and to be elected,6 except in those cases where this is established by treaty or when the law complies with the principle of reciprocity.7 This exclusion does not affect EU resident nationals. Since the adoption of the Maastricht Treaty and the reform of the Spanish Constitution,8 EU citizens have been entitled to vote in municipal and European Parliament elections.

172

Diversity management in Spain LEGAL FRAMEWORK Framework of institutional discrimination

The Spanish Constitution

Foreigners law

Spanish Civil Code

Limits of the right to vote certain nationalities

Discrimination in labour market and political rights, and non-discrimination in education

Ethnic selection and nationality preferences

Figure 6.3  The legal framework affecting diversity management

The Constitution therefore creates a framework of institutional discrimination or ethnicization, with ‘preferential nationalities’ granted full political rights. Moreover, as seen in the first section, the Spanish Constitution is very rigid and difficult to change. This means that the management of diversity is a ‘prisoner’ of the constitutional framework, limiting innovation and providing a legitimate basis for the reactive discourses. On the other hand, the Aliens Law deals with all the issues related to immigration, including education and labour and political participation rights. For example, in educational issues, the Aliens Law states that foreigners under eighteen years of age have the right and obligation to receive education under the same conditions as Spaniards, which means free and obligatory primary and secondary education (see Article 9 of Organic Law 4/2000). One of the distinctive features is that Spain considers education to be a universal asset that has to be distributed independently of the status of people (citizens/non-citizens) and even regardless of the administrative status of the ­­ immigrant (documented/undocumented).9 The Spanish approach towards education is therefore based on human rights rather than other legal ­­considerations.10 As well as this equal opportunities-based approach, the Aliens Law states that public authorities must promote the provision of education needed by foreign residents in order to improve their social integration, with respect for their cultural identity (see Article 9 of Organic Law 4/2000). As regards workplace issues, the Spanish Aliens Law is discriminatory because hiring third-country nationals is only legally possible in their country of origin and only for occupations that cannot be filled



The Spanish philosophy of diversity management173

by unemployed Spanish (or EU workers) in the same sector and region. In the private sector, discrimination in hiring is therefore enforced by the legal principle of primacy for (Spanish and EU) nationals. Other forms of institutional discrimination faced by TCNs that have succeeded in coming to Spain with a work permit (or have obtained it later) are the limits on sector and territorial mobility. Every time a foreign worker (without a permanent work permit) changes employer, he/she must obtain a new work permit from the Government and he/ she must show a Social Security card to renew it. All those failing to meet these legal requirements established by the Aliens Law become irregular immigrants (with no legal status) and often end up working in the underground economy without a contract, Social Security, labour rights or mechanisms to defend themselves. In the public sector, EU citizens and TCNs suffer discrimination in terms of access to jobs because of ‘nationality’ requirements for jobs that ‘directly or indirectly imply the participation in the exercise of the authority or functions that are considered objects of State and public security’.11 The nationality law in Spain in this context also leads to indirect discrimination, as it is far easier for some nationals to obtain Spanish nationality than for others. The integration of TCNs has recently been promoted in some of the ‘more sensitive’ public jobs, such as in the Catalan police force and the Spanish armed forces. However, only a select group of immigrants with historical ties (i.e. Latin American countries and Equatorial Guinea) have been accepted in the latter since 2003 (up to 7 per cent), and they can only hold low-ranking positions. Finally, as regards the Spanish Civil Code, there is a clear procedure based on ethnic selection and nationality preferences. For example, Article 22.1 of the Civil Code establishes that ten years’ residence in Spain is required for the granting of citizenship. Five years is sufficient for those who have obtained refugee status and two years for those nationals coming from Latin American countries, Andorra, the Philippines, Equatorial Guinea and, Portugal or Sephardic Jews (descendants of the Jews that lived on the Iberian Peninsula until 1492). This Article then clearly follows the tradition of Hispanidad by creating a situation of selection by origin (Zapata-Barrero, 2004: 55). In other words, the Spanish Civil Code establishes a framework of ‘institutional discrimination’ (Zapata-Barrero, 2004: 58–61), which has a direct impact on the political rights dimension (where it is easier for preferential nationalities than for other nationalities to obtain rights, and voting rights in particular).

174

Diversity management in Spain

Summary: old questions and new challenges for diversity management Spain has a complex framework for diversity management. Moreover, if immigration is considered as a case of diversity similar to other types of diversity (Kymlicka and Norman, 2000), it can be said that there are four main types of diversity in Spain: three old ones (linguistic, religious, multinational) and one new challenge (immigration), all of which interact with each other (Zapata-Barrero, 2010a). As shown in figure 6.4, the management of new diversity comes into conflict with various aspects of the Spanish framework, and as a consequence creates new conflicts related to the three older questions (religion, language and nationalism).

HISTORICAL CONTEXT

The Reconquista (C.VII–XV)

The Colonial legacy (C. XIX)

Francoism (C. XX, 1940–75)

Transition (C. 1975–78)

BASIC SPANISH IDENTITY CATEGORIES

A Unclear definition of Spanish identity

B Religion Language C

The Spanish Constitution

Aliens Law

Spanish Civil Code

Legal framework: framework of institutional discrimination

Multinational framework

STRUCTURAL CONTEXT

Figure 6.4  The Spanish framework related to diversity issues



The Spanish philosophy of diversity management175

Figure 6.4 shows the elements that frame the management of ­­ diversity in Spain. On the one hand, (A) the historical context provides the grounding for the basic elements of Spanish identity by creating discrimination based on religion and against non-Spanish speakers. The Reconquista created a Moorophobia that discriminates against Muslims, gives priority to Christian immigrants, and becomes a part of Spanish identity. Colonialism created the feeling of Hispanidad, which gives priority to Spanish speakers, with this feeling becoming another important part of Spanish identity. Moreover, as we have seen, Francoism influenced religious and language discrimination by enhancing the feeling of Hispanidad, as well as that of Moorophobia due to its unconditional support for the Catholic Church. Finally, the transition period also influenced religious discrimination by giving privileges to the Catholic Church within the educational system (concertada schools, financed partly by the State and partly by the Catholic Church), showing the asymmetrical relationship with the Catholic Church and therefore discrimination against other religions (Moreras, 2003). Meanwhile, in (B), the historical context also influences the structural context, mainly by providing the grounds for the establishment of a Constitution and a Civil Code that give priority to preferential nationalities (Spanish speaker and Christian nationalities), as well as being the basis of the unsolved problems of the transition, leading to an incomplete recognition of minority nation identity. It is also important to see the interrelation that exists between the structural context and the identity elements. In this sense (C), the legal framework (based on the Spanish Civil Code, the Spanish Constitution and the Aliens Law), establishes an institutional ‘ethnicization’ in which preferential nationalities have priority over other nationalities in achieving full social and political rights, as well as Spanish nationality. This institutional discrimination basically affects non-Christians (i.e. Muslims) as well as non-Spanish speakers. Moreover, as stated in the third section, the debate on minority nations is in fact still unfinished, with no clear definition and no mutual recognition, which probably explains why Spain has not dared resolve the debate about identity since the transition. It can therefore be argued that each legal or institutional aspect is like a ‘wall’, which every attempt to promote policies or changes to manage diversity bumps into. This argument in turn suggests that there is a rigid and discriminatory framework in Spain that threatens a more proactive way of managing the emerging dynamic of diversities due to the increasing presence of immigrants (seen as different expressions of diversity). Spain started to legislate on migration issues in 1985, and in the last two

176

Diversity management in Spain

decades there have been some structural and legal changes that have helped to define the strategies of diversity management. However, the framework presented in figure 6.4 shows that Spain needs to reassess the basis for its social and political contract, in order to avoid structural discrimination, overcome the various challenges and conflicts highlighted in earlier chapters, and, above all, to promote structural changes that facilitate diversity management without any kind of discrimination. Three fields examined: a conflict-driven rather than a theory-driven policy In this section, we deal with the main findings of the analysis of diversity management in the three main policy fields: educational, workplace and political. We consider how the Spanish framework described in the first part affects the policies of diversity management and contributes to the practical philosophy that guides policy for governing immigration in Spain. Education policy The decentralization of State power after Spain’s transition to democracy led to a decentralized education system and therefore a variety of approaches towards the management of diversity among the different autonomous communities. These differences are most explicit with regard to language education. Moreover, the decentralized education system has created a situation in which diversity is mainly dealt with at individual school level, usually following a compensatory approach, by which immigrant students are given special tuition for learning the official language(s) and bridging educational and cultural gaps. In more general terms, while education in (and for) equality of opportunity has been developed within compensatory policy programmes, education in (and for) difference is a new policy discourse within Spain and in practice largely depends on the efforts of educational centres. In this respect, there is a lack of knowledge among policymakers about the implementation of State and regional policies related to this education in (and for) difference. On the other hand, the historical influence of the Catholic Church on education has resulted in a situation of cultural hegemony. In this respect, the fact that Catholic classes are to be offered in all public schools, while classes in minority religions are almost absent (in spite of the bilateral Agreements signed with the Jewish, Muslim and Protestant communities), and the fact that the Catholic Church and affiliated



The Spanish philosophy of diversity management177

parties have tried to prevent changes to religious education and the implementation of a new ‘education for citizenship’ course recommended by the Council of Europe, may in the short term cause social tensions with all other religions communities, but especially with the Muslim community. Moreover, the Catholic concertada schools have failed to admit immigrant students, thereby creating situations of concentration in public schools. Finally, because immigration is relatively new in Spain, according to conceptions of integration and European values, policymakers have created policies that are based on the intercultural education approach. Policymakers have different views about the meaning of this new approach, and it is often unclear what is meant exactly by this intercultural approach (see next section), which is located somewhere between assimilation and multicultural models of integration. Broadly speaking, intercultural education is conceptualized as an approach that is aimed at teaching all students values such as tolerance and respect, in order to live in convivencia. The training of existing and new teachers is one of the main challenges in this respect. The scope of intercultural education at present therefore seems to be limited to efforts to teach educational staff values such as recognition and mutual respect, and some marginal changes to the curriculum, while implementation is largely dependent on the willingness and interpretations of individual schools. Workplace policy The change in government in March 2004 had an impact on policy focus. Before 2004, when the right-wing Partido Popular was in government, the migration policy was focused on security, trying to control migration flows by toughening the Aliens Law and concentrating on restrictions and on ‘building barriers’. This restrictive immigration policy encouraged the black economy and had negative results in terms of irregular immigration (Zapata-Barrero, 2008c: 387). However, since the arrival in government of the Socialist Party, there have been some changes, of which the most important has been a shift from security towards a link between immigration and the labour market. That means that the policies now concentrate on the Spanish labour market’s ability to absorb immigration. This focus is the driving force behind the most recent regularization process, called the ‘normalization process’, which aims to ‘normalize’ the life of irregular immigrants already working in Spain in the informal economy (Cachón, 2006a). In Spain, discrimination against immigrant workers primarily concerns those working in the underground economy who face harsh

178

Diversity management in Spain

working conditions, with no basic rights or protection. The fragmentary anti-discrimination legislation, the lack of sensitivity among the judiciary and lack of social awareness of the issue of discrimination within society lead to a legal fight against discrimination against immigrant workers which is largely confined to working against the exploitation of irregular workers and is highly dependent on local initiatives and nongovernmental actors. The immigrant in Spain is considered homo economicus. This conceptualization hinders engagement in a more in-depth debate, in which immigrants are not only integrated in the labour market but also in other dimensions such as the social, cultural and political. Despite immigration becoming a consolidated fact of life in Spanish society, policies that try to manage migration-related diversity are in the first phase of what Zapata-Barrero (2004) calls the ‘process of multiculturality’ in Spain. In this first phase there is mainly concern for equality of access to rights, while it is only in the second phase (when equality of rights are guaranteed) that discrimination – understood as equal opportunities and treatment – is taken into account. The fight against discrimination in Spain is determined by a language of equal rights (both in terms of access and conditions) related to immigrants’ legal status. Such a finalist discourse is an indicator that Spain is in the first phase of the ‘process of multiculturality’. The lack of concern for equal treatment and opportunity (which is assumed under conditions of equal rights) goes hand in hand with an increasing concern for diversity management in private companies. The fight against discrimination in the workplace (in terms of equal opportunities), on the other hand, is instead perceived as a challenge for the future by policymakers and stakeholders. There are many recommendations for improving the fight against discrimination in the labour market and in the workplace. These include, among others, (a) improving legal access to the labour market and the security of immigrants’ legal status (by (i) making more flexible mechanisms for the recruitment of foreign workers in their countries of origin, or (ii) by making renewal procedures for work permits and access to the Social Security System more flexible); and (b) or improving the use of control mechanisms and existing legal instruments to fight discrimination (by improving the work of labour inspection units and other mechanisms of control in accordance with the Penal Code and the Aliens Law). This is in addition to creating a comprehensive anti-discrimination law, which would have more leverage to introduce the principle of equal treatment and ­­non-discrimination horizontally in all policy fields. Nonetheless, it remains to be seen how labour market policies will



The Spanish philosophy of diversity management179

change in the future, when the children of immigrants enter the labour market in larger numbers. The challenge for policymakers to improve immigrant workers’ equality of rights, treatment and opportunities is crucial for the future of a multicultural Spanish society, as discrimination in the labour market and in the workplace strongly influences social discrimination in other areas of life. Political rights policy The voting rights of immigrants are one of the main ongoing debates related to immigration in Spain. This debate is gradually becoming more important, not only in the social sphere but also in the parliamentary realm. The demand for an expansion of this right is increasingly acute before any kind of election, from immigrant associations, as well as from other social actors and some left-wing political parties.12 There are important factors that make the promotion of this right difficult. The main one is that the present structural context of Spain allows no space for any kind of innovation, and no channels for making changes, because nobody considered them when the Constitution was written. Efforts to increase immigrants’ voting rights are meeting obstacles such as the difficulty of changing the Constitution, or the fear of the major parties to do so, as well as the fact that this issue may negatively affect the electoral interests of the Government. Furthermore, the ethnicization of the Civil Code (or discrimination by origin in order to obtain Spanish nationality) discriminates against immigrants in terms of their country of origin when promoting voting rights. A reform of the Civil Code in order to standardize access to Spanish nationality without discrimination by nationality, culture or origin would be a major step forward in promoting the voting rights of immigrants. At present, it seems that the Government is taking the first steps towards promoting immigrants’ voting rights, with the approval of a special Ambassador who will be entrusted to enhance the agreements of reciprocity, as well as the decision to create a subcommission in the Congress of the Deputies which will study the possible constitutional and legal reforms involved. However, these first steps and decisions may be an important failure if no constitutional reform is undertaken in the medium term. If the Constitution is not reformed, the enhancement of the reciprocity Agreements will not only promote fundamental rights through bilateral Agreements, but also will create important discriminations (against immigrants from countries with which Spain does not or cannot have an Agreement, according to structural ethnicization), leading to the perpetuation of inequalities between groups of different origins.

180

Diversity management in Spain

With regard to the political participation of immigrants in consultative bodies, it should be remembered that since the approval of the Royal Decree 3/2006 on 16 January 2006, the Forum for the Social Integration of Immigrants has enlarged its consultation capacity and participation capacity.13 In this regard, the FII recovered some competences such as the ability to undertake and produce studies and initiatives related to the social integration of immigrants, as well as the ability to commission reports about proposals, plans and programmes related to immigration (not only when asked by the central Government, but also on its own initiative). This allows the immigrant associations of Spain to have an important representative consultative body. Moreover, the FII and all organizations represented in it are doing important work, analysing and recommending policies (by joint consensus) in order to improve the integration of immigrants. One example of this work is its participation in the production of the Strategic Plan for Citizenship and Integration 2007–10, approved in March 2007, which aims to lay the foundations for guideline policies in education, admission and employment, enhancing social cohesion, and promoting equal opportunities and equal rights and duties. However, based on our interviews, some changes are necessary because this success will only be relevant if the Government follows the recommendations of the FII (which is a body with a consultative but not a compulsory function). Concluding remarks Taking into account the framework of diversity accommodation (identity, historical and structural contexts), and how it works in practice in three policy fields (education, workplace and political rights), it is possible to conclude that Spain is developing its diversity management competence by means of induction, taking policy instruments and developing their legal and regulatory instruments, while respecting its already politically and administratively decentralized structure. This inductive process of managing diversity means first of all that it is not the result of an initial constitutional agreement, with powers already territorially delimited between different levels of government. As shown in the three main areas of analysis, it is a much more problem-driven policy and a pragmatic procedure that orientates Spanish diversity management, rather than a theoretical approach that is well founded in a tradition of political philosophy. Spain implements a ‘practical philosophy’ for accommodating diversity. It is an instrument that enables Spain to gain a ‘time advantage’ over other European countries, and to be guided by anticipation. It



The Spanish philosophy of diversity management181

allows the country to predict future problems and reflect upon its own challenges in the orientation of future policies. To conclude the case analysis, it is possible to highlight four dimensions characterizing the ‘Spanish practical philosophy’ of diversity accommodation: 1. Promotion of equality of opportunity: On the one hand, it is possible to consider the promotion of equality of opportunities in Spain, and the fight against discrimination, taking into account the role of the legal framework. As we have seen, the Constitution has created a framework for institutional discrimination or ethnicization, with ‘preferential nationalities’ in terms of receiving full political rights (in which preferential nationalities have more rights compared with other nationalities, for example specific voting rights). The ethnicization of the Civil Code (or the discrimination by origin in relation to naturalization) is illustrative of a context that hinders proactive policies, since it is immersed in a history and a structure that hinders innovation and change, and reacts against accommodating diversity in its conceptions of nationhood. Moreover, as mentioned ­­previously, Spain is still in the first phase of the ‘process of multiculturality’ (Zapata-Barrero, 2004), which means that it is concerned about equal access to rights; it is not yet in the second phase (which means equal rights are guaranteed and there is a clear focus on promotion of equal treatment and opportunity). Moreover, these aspects and the consideration of immigrants as homo economicus makes it difficult to enter into a more profound discussion in which immigrants are not only integrated within the labour market but also integrated into the social, cultural and political arenas, which limits the recognition of difference in Spain (except for minority nations, where it is high). 2. Emphasis on national identity: On the other hand, the prioritization ­­ of national identity in Spain goes unquestioned – recognition of minority differences remains low and the location of minority identities remains restricted to the private sphere (with the exception of historically established minorities or autonomous communities). Spanish national identity, meanwhile, is promoted in the design and implementation of policy according to the twin vectors of a majority religion and language. This favours Spanish-speaking and Catholic migrants over others, and resurrects the Francoist order to ‘habla cristiano’. In this respect, even if the debate about identity in Spain has been almost irrelevant, the promotion and presence of these driving forces (Spanish language and Catholic religion) in the legal framework prove that the emphasis on Spanish identity is

182

Diversity management in Spain

high. Another factor related to this is the debate about the identity of the historical minority nations, as a consequence of the potential challenge that immigration presents to Catalan culture and identity, for example, especially with regard to the future of the Catalan language. 3. Asymmetrical recognition of ‘difference’: As a consequence of the above, the location of minority identities is accepted in the private sphere for the case of new minorities and for the old ones, as well as the sphere of rights being promoted individually for new minorities, and for groups for old minorities. As a consequence, immersion in the Catalan language is one of the main integration policies. In autonomous communities where a second official language is promoted (such as Catalonia, the Basque country and Galicia), immigration presents a challenge of how to manage bilingualism and now multilingualism in schools. Language departments were established in each region to enforce laws that give the regional language a status equal to Spanish, not least in compulsory education. It is therefore possible to say that emphasis on minority nation identity is high, at least in terms of its influence on the autonomous government. The latter factors prove that the Spanish model does not seek neutrality at all, since it does not administer a uniform set of individual rights and promotes a particular nation, culture and religion. 4. Emphasis on interaction between groups as a means to achieve social cohesion: One of the interesting characteristics of the management of diversity in Spain is that interaction is considered as one of the priorities of ‘Spanish interculturalism’. In this regard, the approaches of the different Integration Plans (the National Plan as well as those of the autonomous communities) promote the principle of interculturality, which is seen as a mechanism for interaction between people of different origins and cultures, within the valuing of and respect for diversity. In other words, they consider interaction between citizens and immigrants in the public sphere as one of the main needs for accommodating the new diversity. Moreover, the fact that local councils are promoting immigrant associations and their interaction with citizens and native groups at different levels within the public sphere (such as in consultative bodies) suggests that this political orientation is extensively promoted in Spain.   Social cohesion is considered as a goal that goes beyond the recognition of group ‘difference’. It also seeks a rebalancing of the politics of accommodation, and a kind of inclusion focusing on ethno-­religious groups. However, there is still no multilogical plurality with modulations and contestations of Spanish identity and



The Spanish philosophy of diversity management183

conception of citizenship, and neither discourses nor symbols of belonging or actions for remaking Spanish identity (including the commonalities and differences of all groups). At this point, and our study ends at precisely this stage of the narrative, the problem emerges when the context acts as a restraint on proactive policies, since it is based on an identity, history and structure that hinder political innovation and institutional change, and do not take into account Spanish identity within the new dynamics of diversity created by immigration. It is at this step of the diversity process that the future policy debate will undoubtedly generate normative challenges in Spain. These factors hinder the management of the new challenges, proving the need to redefine the cornerstones of a new social and political contract. It is here that perhaps we also require the debate to be framed within a second democratic transition process – the one emerging from the interplay between new diversity challenges related to immigration and older questions related to identity, such as religion and multinationality. Notes  1 See Gagnon and Tully (2001), Requejo (2005), and Máiz and Requejo (2005), among others.  2 See Zapata-Barrero (2007, 2008b).  3 Important in this context is the new Estatut (approved in a referendum by the citizens of Catalonia on 16 June 2006 and by 90 per cent of the Catalan Parliament), as the first legal framework to discuss immigration in terms of necessities and claims of powers.  4 For example, the Language and Social Cohesion Plan. See Departament d’Educació (2007a).  5 Law on the Rights and Freedoms of Aliens 14/2003 of 20 November (Ley Orgánica 14/2003, de 20 de noviembre, de Reforma de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social, modificada por la Ley Orgánica 8/2000, de 22 de diciembre).  6 Spanish Constitution: Article 13.1. Aliens in Spain shall enjoy the public freedoms guaranteed by the present Part, under the terms to be laid down by treaties and the law.  7 The principle makes the voting rights of immigrants in Spain dependent on the rights received by Spanish emigrants in their countries of origin.  8 The first and only reform of the Spanish Constitution since its approval consisted in changing Article 13.2 as a consequence of the approval of the Maastricht Treaty in 1992. Article 13.2 now reads as follows: ‘Only Spaniards shall have the rights recognized in Article 23, except in cases which may be established by treaty or by law concerning the right to vote

184

Diversity management in Spain

and the right to be elected in municipal elections, and subject to the principle of reciprocity.’ (This text includes the first constitutional reform adopted on 27 August 1992, which added the words ‘and the right to be elected’ to the paragraph.)  9 The schooling of children of irregular immigrants is based on the UN’s International Convention on Children’s Rights ratified by Spain. 10 According to the theory of assets applied to policies for managing immigration, Zapata-Barrero (2002: 85–87) says that the properties of education are symbolic, collective and heterogeneous. The symbolic and collective properties are followed in Spain, but the heterogeneity of the asset is still on the political and social agenda. The homogeneity/heterogeneity depends on the interpretation. An asset is homogeneous when there is no discussion about its value, and an asset is heterogeneous when not everybody values the primary good in the same way. 11 See also Article 57 of Law 7/2007, available at: www.boe.es/boe/ dias/2007/04/13/pdfs/A16270-16299.pdf (accessed 10 October 2012) and Article 10.2 of the Law on the Rights and Freedoms of Aliens (4/2000). 12 El País (2007b, 2008c); see the Parliamentary Proposal to extend the right to vote in municipal elections to foreign legal residents by the Parliamentary Groups of the PSOE and IU–ICV: 16 August 2006/Parliamentary Proposal of January 2006 (debated 21 February) to move towards recognition of the right of foreign citizens to vote and to stand as candidates in elections in Spain (Congreso de los Diputados, 2006a, b). 13 When it was established in 1995, the Forum for the Social Integration of Immigrants was defined as a ‘body of a consultative nature, with the capacity to issue reports and recommendations’ related to the social integration of immigrants ‘and to adopt agreements on its own initiative or by a nonbinding consultation with the Administration’. See http://extranjeros.empleo. gob.es/es/ForoIntegracion/ (accessed 10 October 2012).

References

ABC (2001, 27 November). ‘Presentan 5.500 firmas en contra de una mezquita en Premià de Mar.’ ABC, 13. Retrieved 1 October 2011 ABC (2002, 20 May). ‘La ultraderecha aprovecha los brotes racistas para crear un partido en Cataluña.’ ABC, 18. Retrieved 1 October 2011 ABC (2006a, 7 February). ‘El imán de Fuengirola critica la respuesta musulmana a las viñetas de Mahoma.’ ABC, 11. Retrieved 2 October 2011 ABC (2006b, 1 October). ‘La comunidad islámica, con las fiestas de Moros y Cristianos.’ ABC, 23. Retrieved 2 October 2011 ABC (2006c, 2 February). ‘La caricatura y el miedo.’ ABC, 3. Retrieved 2 October 2011 ABC (2006d, 26 August). ‘El voto de extracomuniatrios en mayo de 2007, «altamente improbable».’ ABC, 14. Retrieved 2 October 2011 ABC (2007a, 13 January). ‘El PP de Badalona reúne 20.000 firmas contra la construcción de una mezquita.’ ABC, 3. Retrieved 2 October 2011 ABC (2007b, 10 April). ‘Unos 75.000 rumanos, búlgaros y polacos podrán elegir alcalde el 27-M.’ ABC, 20. Retrieved 2 October 2011 ABC (2007c, 24 May). ‘Los inmigrantes sin derecho a voto organizarán un simulacro de elección.’ ABC, 23. Retrieved 2 October 2011 ABC (2007d, May 27). ‘Los nuevos no serán decisivos.’ ABC, 15. Retrieved 2 October 2011 Agencia de noticias EFE (2006a, 7 February). ‘Vidal Beneyto afirma viñetas Mahoma recogen información falsa.’ Agencia de noticias EFE Agencia de Noticias EFE (2006b, 1 February). ‘El Tribunal Superior de Cataluña obliga a una escuela a dar clases en español a un alumno.’ Agencia de Noticias EFE Aguado, T. and Malik, B. (2001). ‘Diversity and School Equality: Intercultural Education in Spain from a European Perspective.’ Intercultural Education, 12(2), 149–162 Aguado, T., Gil Arena, I. and Mata Benito, P. (2005). Educación intercultural: una propuesta para la transformación de la escuela. Colección de educación intercultural, 10. Madrid: MEC/ Catarata Aja, E. and Díez Bueso, L. (1999–2000). ‘La participación política de los

186

References

­inmigrantes.’ La factoría, 10 (October 1999–January 2000). Retrieved October 2012, www.revistalafactoria.eu/restrict.php?tipo5articulo&id5141 Aja, E. and Larios Paterna, M. J. (2003). Inmigración y educación. Una visión desde la perspectiva jurídica en el Estado Español. Paper presented at the conference: Inmigración y Educación. La Intervención de la Comunidad Educativa, Madrid. Retrieved 3 October 2011, www.aulaintercultural.org/ article.php3?id_article5367 Alvarez-Miranda, B. (2009). ‘La acomodación del culto islámico on España: Comparación con Gran Bretaña, Alemania y Francici’. In R. Zapata-Barrero (Ed.), Políticas de Gobernabilidad de la inmigración on España (pp. 185– 206). Barcelona: Ariel Amuedo-Dorantes, C. and de la Rica, S. (2006). ‘Labor Market Assimilation of Recent Immigrants in Spain. IZA Discussion Paper, 2104.’ Retrieved 3 October 2011, http://repec.iza.org/RePEc/Discussionpaper/dp2104.pdf Andújar, N. (2005). ‘Islam y la educación en las escuelas.’ Paper presented at the Catalan Parliament of Religions, Barcelona. Retrieved 2 October 2011, www.webislam.com/?idt51354 Arnaiz, P. and Soto, G. (2003). ‘Special Education in Spain at the Beginning of the 21st Century: The Challenge to Educate in an Unequal and Multicultural Society.’ International Journal of Inclusive Education, 7, 375–388 ASEPAM (2006). ‘Guía para implantar el Principio 6 del Pacto Mundial.’ Madrid. Retrieved 2 October 2011, www.pactomundial.org/index.asp Astor, A. (2010). ‘¡Mezquita No!: The Origins of Mosque Opposition in Spain.’ GRITIM-UPF Working Paper Series, 3. Retrieved 2 October 2011, www. upf.edu/gritim Aunión, J. A. (2007, 12 September). ‘La escuela pública asume la inmigración.’ El País, 1 Azumendi, E. (2007, 18 June). ‘Roberto Marro, Director de Inmigración del Gobierno: “Establecer cuotas de inmigrantes en los colegios es un discurso racista”.’ El País, 30 Bárbulo, T. (2004, 7 April). ‘La Principal Asociación de inmigrantes alerta de la situación en España. Los marroquíes piden a Zapatero un consejo islámico que controle imames y mezquitas.’ El País, 14 Barros, M. de (2007, 17 January). ‘La ubicación de una mezquita en terreno público divide a los vecinos de Badalona.’ ABC, 15 Bastante, J. (2006, 3 July). ‘La España que reza a Alá.’ ABC, 15 Bell, M., Chopin, I. and Palmer, F. (2007). Developing Anti-Discrimination Law in Europe. The 25 EU Member States Compared. Report prepared for the European Network of Independent Experts in the Non-discrimination Field, European Commission Directorate-General for Employment, Social Affairs and Equal Opportunities, Unit G.2. Retrieved 4 October 2011, www.migpolgroup.com/multiattachments/3948/DocumentName/AntiDis_ Eur_0707_EN.pdf Beltrán, M. (2007a, 11 January). ‘El Govern intenta convencer a Educación de que cambie el decreto de la hora extra de castellano.’ La Vanguardia, 16



References187

Beltrán, M. (2007b, 1 February). ‘El Govern impugna el decreto de Educación pero sin cuestionar la hora extra de castellano.’ La Vanguardia, 15 Beltrán, M. (2007c, 9 September). ‘Las escuelas catalanas cuentan ya con 1.155 aules d’acollida para los inmigrantes.’ La Vanguardia, 32 Beltrán, M. (2007d, 4 October). ‘El “hiyab” de Shaima desvela un debate soterrado.’ La Vanguardia, 32 Benito, R. (2007, 8 October). ‘Nuevo record de inmigrantes, la brecha entre la escuela pública y la concertada va aumentando cada año.’ El Mundo, 23 Benvenuty, L. (2007a, 21 January). ‘Mezquitas en el aire. Badalona lleva un lustro buscando un emplazamiento para los rezos musulmanes.’ La Vanguardia, 6 Benvenuty, L. (2007b, 17 February). ‘Los musulmanes de a pie se sieten estigmatizdos por el 11-m “El mal ya está hecho.”’ La Vanguardia, 16 Besalú Costa, X. (2002). Diversidad cultural y educación. Madrid: Síntesis Educación Blommaert, J. and Verschueren, J. (1998). Debating Diversity: Analyzing the Discourse of Tolerance. London: Routledge Bueno, G. (2006, 13 March). ‘Sobre las viñetas de Mahoma.’ La Razon, 8 Cachón, L. (2000). Prevenir el Racismo en el Trabajo en España. Madrid: Observatorio Permanente de la Inmigración Cachón, L. (2003). ‘Executive Summary on Race Equality Directive: State of Play in SPAIN.’ Migration Policy Group. Retrieved 4 October 2011, www. migpolgroup.com/multiattachments/2322/DocumentName/spainart12.pdf Cachón, L. (2005). Bases sociales de los sucesos de Elche de septiembre de 2004. Crisis industrial, inmigración y xenofobia. Madrid: Observatorio Permanente de la Inmigración Cachón, L. (2006a). ‘Inmigrantes y Mercado de trabajo en España en la última década (1996–2006).’ Gaceta Sindical. Reflexion y debate. December Cachón, L. (2006b). ‘Executive Summary 2006: Spain Country Report on Measures to Combat Discrimination.’ European Network of Legal Experts in the Non-discrimination Field. Retrieved 2 October 2011, http://ec.europa. eu/employment_social/fundamental_rights/pdf/legnet/essum07_en.pdf Cachón, L. (2006c). ‘Spain Country Report on Measures to Combat Discrimination.’ In M. Bell, I. Chopin and F. Palmer (Eds.), Developing Anti-discrimination Law in Europe: The 25 EU Member States Compared. Brussels: Migration Policy Group. Retrieved 2 October 2011, http://ec.europa. eu/employment_social/fundamental_rights/pdf/legnet/06compan_en.pdf Cachón, L. (2007). ‘La igualdad y la diversidad como principios políticos y como factores económicos.’ Opening Presentation at the Conference: La gestió de la diversitat i la no discriminació a l’empresa. Centre d’Informació de Treballadors Estrangers (CITE) and Secretaria d’Immigració de CCOO de Catalunya. Barcelona Cachón Rodríguez, L. (2005). ‘Los inmigrantes en el mercado de trabajo en España (1996–2004).’ In E. Aja and J. Arango (Eds.), Veinte años de

188

References

i­nmigración en España: perspectivas jurídica y sociológica [1985–2004] (pp. 175–201). Barcelona: Fundació CIDOB Camacho Sevilla, J. (2006, 1 March). ‘Mahoma en carnaval. Los partidos musulmanes de Ceuta acusan de racismo a la chirigota ganadora este año y amenazan con una querella.’ El Periódico de Cataluña, 34 Carbonell i Paris, F. (1995). Inmigración: diversidad cultural, desigualdad social y educación. Madrid: Centro de Publicaciones. Ministerio de Educación y Ciencia Carbonell i Paris, F. (Coord.) (1996). Sobre interculturalitat. Girona: Fundació SERGI Carbonell i Paris, F. (2005). Educar en tiempos de incertidumbre. Equidad e interculturalidad en la escuela. Colección de educación intercultural, 9. Madrid: MEC/ Catarata Carens, J. (2000). Culture, Citizenship, and Community. New York: Oxford University Press Carrasco, D. (2006, 6 February). ‘Caricaturas de Mahoma.’ La Razon, 12 Carrasco, R., Jimeno, J. F. and Ortega, C. (2006). ‘The Effects of Immigration on the Labor Market Performance of Native-Born Workers: Some Evidence for Spain.’ Journal of Population Economics. Retrieved 6 October 2011, www.springerlink.com/ content/d885w48208037486/fulltext.pdf Carrasco, S. (1999). ‘Formación de formadores y formadoras en el campo de la interculturalidad. Una experiencia desde la Administracion Educativa de Cataluña.’ Boletín del Centro de Documentación de la Asociación de Enseñantes con Gitanos, 16–17, 47–58 Carrasco, S. (2003). ‘La situación educativa de los hijos e hijas de familias inmigrantes y de minorías.’ Revista de Educación, 330. Madrid: MEC Carrasco, S. (2005). ‘Interculturalidad e inclusión: principios para evaluar la acogida del alumnado de origen extranjero.’ Aula de Innovación Educativa, 147 Casals, D. (2006, 11 December). ‘Los imanes de Cataluña reivindican una gran mezquita en Barcelona. Los musulmanes piden lugares de culto legales y “dignos”.’ El País, 35 Castles, S. (2002). ‘Migration and Community Formation under Conditions of Globalization.’ International Migration Review, 36(4), 1143–1168 CEAR-Euskadi (2006). Dodecálogo de recomendaciones para un tándem económicamente eficiente y socialmente responsable. CEAR. Retrieved 27 September 2011, www.cear.es/DodecalogodeRecomendacio.pdf CIDE (2002). Spanish Education System. Ministerio de Educación y Ciencia, Dirección General de Educación, Formación Profesional e Innovación Educativa. Retrieved 27 September 2011, www.mec.es/cide/espanol/publica​ ciones/estudios/inv2002see/inv2002seein.pdf CIDE (2005). La atención al alumnado inmigrante en el sistema educativo en España. Ministerio de Educación y Ciencia, Dirección General de Educación, Formación Profesional e Innovación Educativa. Retrieved 27 September 2011, www.mec.es/cide/espanol/publicaciones/colecciones/investigacion/col168/ col168pc.pdf



References189

CES (2006). España 2006: Memoria sobre la situación socioeconómica y laboral, Colección Memorias, 14. Retrieved 27 September 2011, www.ces.es/ Código Civil, Ministerio de Justicia, Articles 17–26 (Law no. 36/2002, October 2002). Retrieved 27 September 2011, www.mju.es/mnacionalidad.htm and http://civil.udg.es/normacivil/estatal/CC/1T1.htm Colectivo Amani (2004). La escuela intercultural: regulación de conflictos en contextos multiculturales. Concienciación, negociación, confrontación. Colección de educación intercultural, 2. Madrid: MEC/Catarata Colectivo Ioé (1996). ‘Discriminación contra trabajadores marroquíes en el acceso al empleo.’ In Colectivo Ioé and Pérez Molina, R. (Eds.), La Discriminación Laboral a los Trabajadores Inmigrantes en España. (pp. 7–87). Geneva: ILO Colectivo Ioé (1997). La diversidad cultural y la escuela: discursos sobre atención a la diversidad con referencia especial a las minorías étnicas de origen extranjero. Madrid. Retrieved 25 September 2011, www.aulaintercultural. org/article.php3?id_article5806 Colectivo Ioé (2002). ‘La escolarización de hijas de Familias Inmigrantes.’ Colección mujeres, 2. Madrid: Instituto de la Mujer/CIDE. Retrieved 28 September 2011, www.mec.es/cide/espanol/publicaciones/colecciones/ mujeres/colm002/colm002pc.pdf Colectivo Ioé (2003). ‘Experiencias de discriminación de minorías étnicas en España  –  Contra Inmigrantes no-comunitarios y el colectivo gitano.’ European Monitoring Centre on Racism and Xenophobia. February. Retrieved 27  September 2011, www.sp.upcomillas.es/sites/mtas/Lists/ Documentos/Attachments/58/EUMC.pdf Congreso de los Diputados (2006a). Parliamentary Proposition of January 2006 (Debated the 21st of February) in Order to Advance in the Recognition of the Right to Vote and to Stand as a Candidate for Foreign Citizens in Spain. Madrid: Congreso de los Diputados Congreso de los Diputados (2006b). Parliamentary Proposition to Extend the Right to Vote in Municipal Elections to Foreign Legal Residents by the Parliamentary Groups of the Socialist Party and Izquierda Unida-Iniciativa per Catalunya Verds (Green United Left Party): 16 of August 2006. Madrid: Congreso de los Diputados. Retrieved 1 October 2011, www.congreso.es/ public_oficiales/L8/CONG/BOCG/D/D_428.PDF Constitución Española (1978). Spanish Constitution. Retrieved 27 September 2011, www.congreso.es/consti/ Cornelius, W. A. (2004). ‘Spain: The Uneasy Transition from Labor Exporter to Labor Importer.’ In W. A. Cornelius, T. Tsuda, P. Martin and J. Hollifield (Eds.), Controlling Immigration: A Global Perspective (pp. 385–428). Stanford, CA: Stanford University Press Council of Europe (1992). Convention on the Participation of Foreigners in Public Life at Local Level. Strasbourg: Coe Council of Europe (2002). Education for Democratic Citizenship 2001–2004: Recommendation (2002) 12 of the Committee of Ministers to Member States

190

References

on Education for Democratic Citizenship. Strasbourg. Retrieved 1 October 2011, www.see-educoop.net/education_in/pdf/citizenship2004-oth-enl-t00. pdf Council of the European Union (2004a). Education and Citizenship: Report on the Broader Role of Education and its Cultural Aspects. Brussels: Council of the European Union Council of the European Union (2004b, 19 November). Press release, 2618th Council Meeting, Justice and Home Affairs, Brussels. Retrieved 28  September 2011, www.europa.eu/rapid/pressReleasesAction.do?refere nce5PRES/04/321&format5HTML&aged51&language5EN&guiLangu age5en De la Rosa, E. (2006). ‘Articulo 6. Participación Política.’ In C. Espulgues (Ed.), Comentarios a la Ley de Extranjería (pp. 142–178). Valencia: Tirant lo Blanch Declaration of the Spanish Constitutional Court (1992). No. 132.bis, Plenum, the first of July 1992 Deia (2007, 5 July). ‘SOS Racisme considera discriminatoríos los cupos de inmigrantes en la escuela en Euskadi.’ Retrieved 10 October 2012, www. aulaintercultural.org/spip.php?breve1147 Departament de la Presidencia (2004). Estudi sobre minories religioses a Catalunya de Investigacions en Sociologia de la Religió (ISOR), equip de la Universitat Autònoma de Barcelona dirigit pel catedràtic de sociologia Joan Estruch. Retrieved 20 September 2011, www20.gencat.cat/ portal/site/Departament-de-la-Presidencia/menuitem.071f7e6e05a64ea47c 0bfa10b0c0e1a0/?vgnextoid52bbf9b2381649010VgnVCM1000000b0c1 e0aRCRD&vgnextchannel52bbf9b2381649010VgnVCM1000000b0c1e 0aRCRD&vgnextfmt5default Departament d’Educació (2007a). Language and Social Cohesion Plan. Barcelona: Generalitat de Catalunya. Retrieved 22 September 2011, www. debateeducativo.mec.es/documentos/plan_lic_cataluna.pdf Departament d’Educació (2007b). Dossier de Prensa. Dades de l’inici del curs 2007–2008. Barcelona: Generalitat de Catalunya. Retrieved 28 September 2011, www.gencat.cat/educacio/pdf/dades_inici_0708.pdf Departament d´Ensenyament (1992). Educació primària. Barcelona: Generalitat de Catalunya Departament d´Ensenyament (1996). Orientacions per al desplegament del currículum. Educació intercultural. Barcelona: Generalitat de Catalunya Dietz, G. (2003). Multiculturalismo, interculturalidad y educación: una aproximación antropológica. Granada and Mexico: Editorial Universidad de Granada and CIESAS Diez Bueso, L. (2008). ‘La incorporación de la participación política de los inmigrantes al ordenamiento jurídico español.’ Derechos y Libertades, 18(2), 125–139 ECRI (2006). Third Report on Spain, adopted 24 June 2005. Retrieved 10 October 2011, www.coe.int/t/e/human_rights/ecri/1-ecri/2-country-by



References191

country_approach/spain/Spain per cent20third per cent20report per cent20percent20cri06-4.pdf El Mundo (2006a, 25 February). ‘Conflicto provocado por la publicación de unas caricaturas de Mahoma en un diario danés. Rezo musulmán en Barcelona en protesta por las caricaturas.’ El Mundo, 26 El Mundo (2006b, 27 August). ‘Pastor y Llamazares critican que De la Vega cuestione que ciudadanos no comunitarios puedan votar en 2007.’ El Mundo, 24 El Mundo (2007a, 17 April). ‘“Queremos votar”: SOS Racisme y otras asociaciones lanzan una campaña para que los inmigrantes puedan participar en los comicios municipales.’ El Mundo, 25 El Mundo (2007b, 12 May). ‘Mayol acusa el PSOE de no permitir el voto de los inmigrantes por miedo a la cólera del PP.’ El Mundo, 21 El Mundo (2007c, 10 October). ‘Educación fuerza el regreso a las aulas de dos niñas apartadas por usar el pañuelo islámico en Ceuta.’ El Mundo, 22 El Mundo (2008a, 17 February). ‘Entidades de apoyo a inmigrantes piden el derecho a voto de los extracomunitarios.’ El Mundo, 31 El Mundo (2008b, 4 July). ‘Una propuesta copiada a IU.’ El Mundo, 8 El Mundo (2008c, 5 July). ‘El voto inmigrante así planteado, se queda en nada.’ El Mundo, 12 El Mundo (2008d, 5 July). ‘El PP se atribuye como propia la iniciativa pero prioriza el empleo.’ El Mundo, 37 El País (2006a, 3 February). ‘Arrecia la polémica por las viñetas de Mahoma.’ El País, 1 El País (2006b, 3 February). ‘De la blasfemia al crimen.’ El País, 16 El País (2007a, 2 May). ’7.200 rumanos y 1000 búlgaros podrán votar por primera vez en las municipales.’ El País, 29 El País (2007b, 19 May). ‘Los inmigrantes quieren votar.’ El País, 35 El País (2007c, 20 May). ‘Portabella pide cambiar la Constitución porque discrimina a los inmigrantes.’ El País, 49 El País (2007d, 26 May). ‘Elecciones 27M – los inmigrantes que sí cuentan: más de 21.000 extranjeros procedentes de países de la Unión Europea pueden votar mañana en las municipales y ser elegidos.’ El País, 44 El País (2007e, 27 May). ‘Los extranjeros representan el 2,5 per cent del total de censados.’ El País, 41 El País (2007f, 21 May). ‘Los inmigrantes piden ser tratados como ciudadanos y poder participar.’ El País, 44 El País (2007g, 10 September). ‘Los centros que incumplan la ley pueden perder el concierto.’ El País, 43 El País (2008a, 17 January). ‘El presidente pone el énfasis en la futura ley de “igualdad de trato”.’ El País, 19 El País (2008b, February 14). ‘Rajoy rechaza que los inmigrantes puedan votar en las municipales.’ El País, 14 El País (2008c, 20 February). ‘Sindicatos y ONGs reclaman el derecho al voto para los inmigrantes.’ El País, 4

192

References

El País (2008d, 6 March). ‘Campaña electoral: UGT reivindica el derecho a voto de los extranjeros residentes en España.’ El País, 4 El País (2008e, 8 July). ‘Mas rechaza el derecho de voto para los inmigrantes que propone el PSOE.’ El País, 3 El País (2008f, 31 July). ‘Un embajador negociará la reciprocidad del voto inmigrante.’ El País, 18 El País (2009, 16 January). ’383.000 colombianos y peruanos podrán votar en las próximas elecciones municipales.’ El País, 9 El Periódico de Catalunya (2004, 18 November). ‘La escuela pública empezará a dar clases de religión islámica.’ El Periódico de Catalunya, 31 El Periódico de Catalunya (2006, 4 October). ‘La comunidad islámica de Alicante celebra que Mahoma no arda en fiestas.’ El Periódico de Catalunya, 27 El Periódico de Catalunya (2008, 17 February). ‘Asociaciones de inmigrantes piden votar en las elecciones.’ El Periódico, 6 Erdogan, T. and Rodríguez Zapatero, J. L. (2006, 5 February). ‘A Call for Respect and Calm.’ International Herald Tribune Escriche, E. (2007, 4 October). ‘Educació descarta fer una normativa que reguli l’ús del vel islàmic a les aules.’ Avui, A29 Etxeberria, F. (2002). Sociedad multicultural y educación. San Sebastián: Ibaeta Pedagogía Europa Press (2006a, 3 February). ‘La Comisión Islámica rechaza la reproducción de las viñetas humorísticas de Mahoma en prensa española.’ Europa Press. Retrieved 10 October 2012, http://noticias.interbusca.com/nacional/ prensaislam.--la-comisin-islmica-rechaza-la-reproduccin-de-las-vietashumorsticas-de-mahoma-en-prensa-espaola-20060203174846.html Europa Press (2006b, 21 February). ‘El consejero de Educación de Castilla y León pide “tolerancia” con la presencia de crucifijos en escuelas.’ Europa Press. Retrieved 10 October 2012, http://noticias.intorbusca.com/nacional/ prensaislam.--la-comisin-islmica-rechaza-la-reproduccin-de-las-vietashumorsticas-de-mahoma-en-prensa-espaola-20060203174846.html Europa Press (2007, 4 December). ‘El PSOE propone una fiscalía contra la xenofobia y nuevos tipos penales contra la difusión de ideas racistas.’ Europa Press. Retrieved 10 October 2012, http://noticias.intorbusca.com/ nacional/prensaislam.--la-comisin-islmica-rechaza-la-reproduccin-de-las-vietas-humorsticas-de-mahoma-en-prensa-espaola-20060203174846.html European Commission (2004). Handbook on Integration for Policymakers and Practitioners. Retrieved 26 September 2011, http://ec.europa.eu/ewsi/ UDRW/images/items/docl_12892_168517401.pdf European Commission (2005). The Business Case for Diversity: Good Practices in the Workplace. Retrieved 26 September 2011, http://ec.europa.eu/employment_social/fundamental_rights/pdf/pubst/stud/busicase_en.pdf European Monitoring Centre on Racism and Xenophobia (2001). ‘Spain.’ In Anti-Islamic Reactions in the EU after the Terrorist Acts against the USA: A Collection of Country Reports from RAXEN National Focus Points (NFP´s).



References193

Retrieved 26 September 2011, http://eumc.europa.eu/eumc/material/pub/ anti-islam/collection/Spain.pdf European Monitoring Centre on Racism and Xenophobia (2006). Muslims in the European Union  –  Discrimination and Islamophobia. Retrieved 26 September 2011, http://eumc.europa.eu/eumc/material/pub/muslim/ Manifestations_EN.pdf European Union Agency for Fundamental Rights (2007). Report on Racism and Xenophobia in the Member States of the EU. Retrieved 10 October 2012, http://fra.europa.eu/sites/default/files/fra_uploads/11-ar07p2_en.pdf Faist, T. (2009). ‘Diversity – A New Mode of Incorporation?’ Ethnic and Racial Studies, 32(1), 171–190. Fernández, C. and Ortega C., (2006). ‘Labor Market Assimilation of Immigrants in Spain: Employment at the Expense of Bad Job-Matches?’ Documento de trabajo 2006–21, Fundación de Estudios de Economia Aplicada. Retrieved 26 July 2011, http://ideas.repec.org/p/fda/fdaddt/2006-21.html Fernández Enguita, M. (1996). Escuela y etnicidad. El caso del pueblo gitano. Granada: Laboratorio de Estudios Interculturales Ferreres Comella, V. (2000). ‘Una defensa de la rigidez constitucional.’ Doxa, 23, 30–33 Flesler, D. and Pérez Melgosa, A. P. (2003). ‘Battles of Identity, or Playing “Guest” and “Host”: The Festivals of Moors and Christians in the Context of Moroccan Immigration in Spain.’ Journal of Spanish Cultural Studies, 4(2), 151–168 Foro para la integración social de los inmigrantes (2007). Dictamen del Foro para la Integración Social de los Inmigrantes sobre el Proyecto de Real Decreto por el que se regula la composición, competencias y régimen de funcionamiento del Consejo para la Promoción de la Igualdad de Trato y No Discriminación de las Personas por el Origen Racial o Étnico FISI/2007/ D2. Retrieved 1 October 2011, www.mtas.es/migraciones/Integracion/ IntegraInmigrantes/docs/Dictamen-Igualdad-Trato.pdf Fuentes, A. (2006, 10 December). ‘CCOO denuncia que hay empresas que pagan un 20 per cent menos a extranjeros. Los sindicatos editan folletos para informar de los derechos laborales.’ Diario de Cordoba, 36 Gabinet d’Estudis Socials (2002). Estudio del conflicto de la mezquita de Premiá de Mar. Barcelona: Centro de Referencia en España, Observatorio Europeo contra el Racismo y la Xenofobia (EUMC). Retrieved 10 September 2011, www.gabinet.com/docs/MezquitaPremia.pdf Gadea, L. (2006, 2 October). ‘Pueblos valencianos suprimen de las fiestas actos ofensivos a Mahoma.’ El País, 28 Gagnon, A. G. and Tully, J. (Eds.) (2001). Multinational Democracies. Cambridge: Cambridge University Press Gagnon, A., Guibernau, M. and Rocher, F. (Eds.) (2003). The Conditions of Diversity in Multinational Democracies. Montreal, QC: Institute for Research on Public Policy Galán, L. (2007, 7 October). ‘Lo pasé fatal en la escuela.’ El País, 44

194

References

Gallardo, À. (2006, 6 October). ‘Los cristianos de Alcoi desfilarán por Nueva York sin los moros.’ El Periódico de Cataluña, G033 García, A. (2006, 12 February). ‘¿Los Moros y Cristianos, Amenazados? Ya no queman a la Mahoma en Bocairent.’ El Mundo, Special Issue (Suplemento) 537 García Castaño, J. (1995). La escolarización de niños y niñas inmigrantes en el sistema educativo español: estudio comparado entre differentes provincias españolas de la situación en las escuelas de los hijos inmigrantes extranjeros desde la perspectiva de la antropología social. Madrid: Centro de Investigación y Documentación Educativa (CIDE) Garreta Bochaca, J. (2003). La integración sociocultural de las minorías. Barcelona: Anthropos Garreta Bochaca, J. (2004). ‘El espejismo intercultural. La escuela de Cataluña ante la diversidad cultural.’ Revista de Educación, 333, 463–480 Garreta Bochaca, J. (2006). ‘Ethnic Minorities and the Spanish and Catalan Educational Systems: From Exclusion to Intercultural Education.’ International Journal of Intercultural Relations, 30, 261–279 Generalitat de Catalunya (2005). Pla de ciutadania i immigració 2005–2008. Barcelona: Generalitat de Catalunya. Retrieved 10 September 2011, www. gencat.net/benestar/immi/pdf/pla_05_08.pdf Generalitat de Catalunya (2006). National Pact on Education. Barcelona: Generalitat de Catalunya. Retrieved 10 September 2011, www.gencat.cat/ educacio/pacte/docs/pacte_nacional.pdf Gil, S. (2009). ‘La gestión de la cuestión nacional: España y Cataluña en perspectiva.’ In R. Zapata-Barrero (Ed.), Políticas de gobernabilidad de la inmigración en España (pp. 227–245). Barcelona: Ariel Gil Araújo, S. and Dahiri, M. (Eds.) (2003). Movimientos migratorios en el Mediterráneo occidental: ¿un fenómeno o un problema? Córdoba: Ayuntamiento de Córdoba Gobierno de España (1990a, 8 August). ‘Agreement between Spain and the Netherlands Recognizing the Right to Vote in Municipal Elections to the Dutch Citizens in Spain and Spanish in the Netherlands (Acuerdo entre España y los Países Bajos, por el que se reconoce el derecho a votar en las elecciones municipales a los nacionales neerlandeses en España y a los españoles en los Países Bajos).’ Published in the Boletín Oficial del Estado Gobierno de España (1990b, 30 November). ‘Agreement between Spain and Denmark, Recognizing the Right to Vote in Municipal Elections to Danish Citizens in Spain and Spanish in Denmark (Acuerdo entre España y Dinamarca, reconociendo el derecho a votar en las elecciones municipales a los nacionales daneses en España y a los españoles en Dinamarca).’ Published in the Boletín Oficial del Estado Gobierno de España (1991a, 27 June). ‘Agreement between Spain and Sweden, Recognizing the Right to Vote in Municipal Elections to Swedish Citizens in Spain and Spanish in Sweden (Acuerdo entre España y Suecia, por el que se reconoce el derecho a votar en las elecciones municipales a los nacionales



References195

suecos en España y a los españoles en Suecia).’ Published in the Boletín Oficial del Estado Gobierno de España (1991b, 27 June). ‘Agreement between Spain and Norway, Recognizing the Right to Vote in Municipal Elections to Norwegian Citizens in Spain and Spanish in Norway (Acuerdo entre España y Noruega, por el que se reconoce el derecho a votar en las elecciones municipales a los ­nacionales noruegos en España y a los españoles en Noruega).’ Published in the Boletín Oficial del Estado Gobierno de España (1995). Real Decreto 490/1995, de 7 de abril, por el que se crea el Foro para la Integración social de los Inmigrantes. Madrid: Boletín Oficial del Estado Gobierno de España (2001). Real Decreto 367/2001, de 4 de abril por el que se regula la composición, competencias y régimen de funcionamiento del Foro para la Integración Social de los Inmigrantes. Madrid: Boletín Oficial del Estado Gobierno de España (2006). Real Decreto 3/2006, de 16 de enero, por el que se regula la composición, competencias y régimen de funcionamiento del Foro para la integración social de los inmigrantes. Madrid: Boletín Oficial del Estado. Retrieved 10 October 2012, www.boe.es/boe/dias/2006/01/17/pdfs/ A01879-01882.pdf González, R. (2006, 12 May). ‘Una mezquita en Badalona.’ La Insignia. Retrieved 10 October 2012, www.lainsignia.org/2005/abril/ibe_056.htm González, A. and Morales, L. (2009). ‘Políticas de incorporación y asociacionismo de la población de origen inmigrante a nivel local.’ In R. Zapata-Barreo (Ed.), Inmigración en España: claroscuros de las políticas y gobernabilidad (pp. 113–138). Barcelona: Ariel González Antón, L. (1997). España y las Españas. Madrid: Alianza González-Enríquez, C. (2005). ‘Active Civic Participation of Immigrants in Spain.’ Country Report Prepared for the European Research Project POLITIS. Oldemburg University. Retrieved 10 October 2012, www.unioldenburg.de/politis-europe Granda, E. and Bárbulo, T. (2004, 5 May). ‘El Gobierno carece de un registro de imanes y de mezquitas para controlar a los islamistas. El Ministerio de Justicia confirma que fieles y “Gobiernos extranjeros” financian los templos.’ El País, 21 Guiraudon, V. (2000). Les politiques d’immigration en Europe. Paris: L’Harmattan/Logiques politiques Gundín, J. A. (2006, 6 October). ‘Ni moros, ni cristianos. Lo criticable es que se suprimen partes de la fiesta por miedo al islamista y no por convencimiento, gusto estético o madurez.’ La Razón, 10 Harris, M. (1994). ‘Muhammed and the Virgin: Folk Dramatizations of Battles Between Moors and Christians in Modern Spain.’ The Drama Review, 38(1), 45–61. Retrieved 12 June 2011, www.migpolgroup.com/multiattach​ ments/2322/DocumentName/spainart12.pdf Ibars, J. (2004). ‘Radiografía de la Inmigración.’ In Foment del Treball

196

References

Nacional, 2106, pp. 34–39. Retrieved 10 June 2011, www.foment.com/ uploads/inmigracion/mydocuments/radiografia_inmigracion.pdf Iglesias, C. and Llorente, R. (2006). ‘¿Integración o segmentación laboral de los inmigrantes en el mercado de trabajo? Un análisis de cohortes.’ Series documentos de trabajo, Universidad de Alcalá/Instituto Universitario de Análisis Económico y Social Iglesias, N. (2007, 2 October). ‘La Generalitat obliga a un colegio a admitir a una menor con “hijab”. La niña, de 7 años, lleva una semana sin asistir a clase por negarse a ir sin la prenda.’ El País, 44 INE (2002). ‘Ganancia media anual por trabajador por sexo, nacionalidad y grupos principales de la CNO-94.’ Encuesta de estructura salarial. Año 2002, Retrieved 15 June 2011, www.ine.es/jaxi/tabla.do?path5/t22/p133/a2002/ l0/&file501015.px&type5pcaxis INE (2006). ‘Ocupados por nacionalidad, sexo y sector económico.’ Encuesta de Población Activa. Ministerio de Trabajo y Asuntos Sociales. Retrieved 15 September 2011, www.ine.es/inebase2/leer.jsp?L50&divi5EPA&his53 INE (2007). ‘Economically Active Population Survey. Third Quarter 2007.’ Press release Instituto Nacional de Estadística. Retrieved 12 June 2011, www.ine.es/en/daco/daco42/daco4211/epa0307_en.xls INE (2009). Padrón municipal. Madrid: Instituto Nacional de Estadística INE (2011). Padrón municipal. Madrid: Instituto Nacional de Estadística Instituto Nacional de Seguridad e Higiene en el Trabajo (2006). ‘Avance de siniestralidad laboral. Período julio 2005–junio 2006.’ Retrieved 12 June 2011, www.mtas.es/insht/statistics/siniestro.htm Intermón Oxfam (2007). Puertas al mar. Informe Intermón Oxfam. Octubre. Retrieved 13 September 2011, www.intermonoxfam.org/ UnidadesInformacion/anexos/8768/071022_Puertas_al_mar_def.pdf International Helsinki Federation for Human Rights (2005). ‘Spain.’ In Report on Intolerance and Discrimination against Muslims in the EU-Developments since September 11. Retrieved 1 October 2011, www.ihf-hr.org/viewbinary/ viewdocument.php?download51&doc_id56242 Irastorza, N. (2010). Born Entrepreneurs? Immigrant Self-Employment in Spain. Amsterdam: Amsterdam University Press (Imiscoe dissertations) Irujo, J. M. (2007, 5 February). ‘La policía financiera investigó sobre fondos  sospechosos de la mayor mezquita de España. La fiscalía archiva el caso sin indagar el origen del dinero, procedente de bancos saudíes.’ El País, 20 Isusi, I. and Corral, A. (2007). ‘Employment and Working Conditions of Migrant Workers – Spain.’ IKEI, 30 May. Retrieved 1 October 2011, www. eurofound.europa.eu/ ewco/studies/tn0701038s/es0701039q.htm Jefatura de Estado (1992). Ley 26/1992, de 10 Noviembre, por la que se aprueba el acuerdo de cooperación del estado con la comisión islámica de España. BOE 272, 12 November. Retrieved 2 October 2011, www.boe.es/g/ es/bases_datos/doc.php?coleccion5iberlex&id 51992/24855 Jiménez Barca, A. (2006, 21 May). ‘Oliva, muérete. ¡Heil Hitler!’ El País, 28



References197

Jones, P. (1998) ‘Political Theory and Cultural Diversity.’ Critical Review of International Social and Political Philosophy, 1(1), 28–62 Joppke, C. (2004). ‘The Retreat of Multiculturalism in the Liberal State: Theory and Policy.’ British Journal of Sociology, 55(2), 237–257 Joppke, Chr. and Seidle, L. (Eds.) (2012) Immigrant Integration in Federations. Montreal: McGill-Queen’s University Press Junquera, N. (2006, 9 February). ‘Los líderes islámicos de España apoyan la Alianza de Civilizaciones.’ El País, 27 Keliner-Liebau, D. (2009). Migration and the Construction of National Identity in Spain. Madrid/Frankfurt: Iberoamericana-Vervuert Kymlicka, W. (1995). Multicultural Citizenship. Oxford: Clarendon Press Kymlicka, W. (2001). Politics in the Vernacular: Nationalism, Multiculturalism, and Citizenship. Oxford: Oxford University Press Kymlicka, W. (2005). Multicultural Citizenship – A Liberal Theory of Minority Rights. Oxford: Clarendon Press Kymlicka, W. and Norman, K. (Eds.) (2000). Citizenship in Diverse Societies. Oxford: Oxford University Press La Razón (2006, 31 December). ‘Carod anuncia una ley de centros de culto para profundizar en la ,,laicidad sana...’ La Razón La Razón (2007, 3 April). ‘Seis de cada diez españoles están en contra del uso del velo en las escuelas.’ La Razón, 30 La Vanguardia (2006a, 3 February). ‘Libertad y respeto.’ La Vanguardia, 22 La Vanguardia (2006b, 29 September). ‘Canarias bate este agosto el récord del 2005.’ La Vanguardia, 25 La Vanguardia (2007, 9 September). ‘Radiografía del alumnado extranjero.’ La Vanguardia, 32 La Vanguardia (2008, 14 August). ‘El Gobierno nombra al embajador que negociará el voto de los inmigrantes.’ La Vanguardia. Retrieved 10 October 2012, www.lavanguardia.com/politica/20080814/53520537785/ el-gobiemo-nombra-al-embajador-que-negociara-el-voto-de-inmigrants.html Las Provincias (2006a, 5 October). ‘El Consejo Islámico de Valencia descalifica las declaraciones del presidente de la FEERI, Félix Herrero, sobre las fiestas de moros y cristianos.’ Las Provincias. Retrieved 10 October 2011, www. WebIslam.com Las Provincias (2006b, 6 October). ‘Todas las mezquitas de Valencia se oponen a la propuesta de Herrero para suprimir la fiesta de moros y cristianos.’ Las Provincias. Retrieved 10 October 2011, www.WebIslam.com Law on the Rights and Freedoms of Aliens 8/2000 of 22 December 2000 (Ley Orgánica 8/2000, de 22 de diciembre, de reforma de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social) Law on the Rights and Freedoms of Aliens 14/2003 of 20 November (Ley Orgánica 14/2003, de 20 de noviembre, de Reforma de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en

198

References

España y su integración social, modificada por la Ley Orgánica 8/2000, de 22 de diciembre) Liff, S. (1997). ‘Two Routes to Managing Diversity: Individual Differences or Social Group Characteristics.’ Employee Relations, 19(1), 11–25 Lindkilde, L. E., Mouritsm, P. and Zapata-Barrero, R. (Eds.) (2009). ‘The Muhammad Cartoons Controversy in Comparative Perspective.’ Special Issue of Ethnicities, 9(3) Lucas, J. de (2009). ‘El enfoque de la ciudadanía: cuestiones normativas.’ In R. Zapata-Barrero (Ed.), Políticas y gobernabilidad de la Inmigración en España (pp. 93–112). Barcelona: Ariel Máiz, R. and Requejo, F. (Eds.) (2005). Democracy, Nationalism and Multiculturalism. London: Routledge Manso, J. (2007, December 11). ‘La Red Europea contra el Racismo pide un organismo antidiscriminación.’ El Mundo, 26 Márquez Lepe, E. (2007). ‘La gestión parlamentaria del discurso político sobre inmigración en España.’ In R. Zapata-Barrero and T. van Dijk (Eds.), Discursos sobre la inmigración en España (pp. 93–127). Barcelona: Fundación Cidob Martí, J. L. (2007, 3 March). ‘El velo de la discordia.’ La Vanguardia, 22 Martín Corrales, E. (2002a, 28 July). ‘La xenofobia histórica hacia el vecino marroquí.’ El País, 67 Martín Corrales, E. (2002b). La imagen del magrebi en Espana una perspectiva historica, siglos XVI–XX. Barcelona: Bellaterra Martín-Muñoz, G. (2003). Marroquíes en España: Estudio sobre su integración. Madrid: Fundación Repsol Martín-Muñoz, G. (2005). ‘Mujeres musulmanas en España, entre el estereotipo y la realidad.’ Reviste Arabe. Retrieved 1 October 2011, www.revistaarabe. com.ar/noticias_mujeres_musulmanas.asp Martínez de Lizarrondo, A. (2004). ‘El rol de la ciudadanía en la gestión de la inmigración. La extensión del derecho al voto de las personas extranjeras no comunitarias.’ Minutes of IV Congreso sobre la inmigración en España, Girona Martínez, D. (2006, 14 October). ‘Zaplana ampara a los «Moros».’ ABC, 22 Martínez, D. and Antolín, A. (2006, 8 October). ‘Los barullos de Mahoma.’ ABC, 27 Mendoza, C. (2003). Labour Immigration in Southern Europe: African Employment in Iberian Labour Markets. Aldershot: Ashgate Ministerio de Educación y Ciencia (2007). Datos básicos de la Educación en España en el Curso 2006/2007. Ministerio de Educación y Ciencia, Secretaría General Técnica. Retrieved 1 October 2011, www.mec.es/sgci/ch/es/menu​ fijo/cifrassistemaeducativoespanot.pdf Miravet, P. (2006). ‘Algunos problemas para la participación cívica y política de los inmigrantes.’ Cuadernos electrónicos de Filosofía del Derecho, 14 Miret, A. (2009). ‘La gestión de la división de competencias en materia de



References199

inmigración.’ In R. Zapata-Barrero (Ed.), Políticas de gobernabilidad de la inmigración en España (pp. 51–71). Barcelona: Ariel Modood, T. (2008). ‘Is multiculturalism dead?’ Public Policy Research, 15(2), 84–88 Modood, T., Triandafyllidou, A. and Zapata-Barrero, R. (Eds.) (2006). Multiculturalism, Muslims and Citizenship: A European Approach. New York: Routledge Morales, L., González, A. and Jorba, L. (2009). ‘Políticas de incorporación y la gestión del asociacionismo de la población de origen inmigrante a nivel local.’ In R. Zapata-Barrero (Ed.), Políticas y gobernabilidad de la Inmigración en España (pp. 113–138). Barcelona: Ariel Morán, C. (2006, 6 December). ‘La religión contará para repetir curso en secundaria y tendrá dos alternativas.’ El País, 31 Moratinos, M. A. and S. Lavrov (2006, 10 February). ‘Mas allá de las caricaturas.’ El Mundo, 76 Morén-Alegret, R. (2002). Integration and Resistance: The Relation of Social Organizations, Global Capital, Governments and International Immigration in Spain and Portugal. Aldershot: Ashgate Publishers Moreno, F. J. (2009). ‘La gestión del bienestar y la inmigración en España.’ In R. Zapata-Barrero (Ed.), Políticas y gobernabilidad de la Inmigración en España (pp. 73–91). Barcelona: Ariel Moreno, F. J. and Bruquetas, M. (2011). Inmigración y Estado de Bienestar en España, Colecció Estudis Socials, no. 31. Barcelona: Obra Social ‘La Caixa’ Moreras, J. (2003). ‘Limits and Contradictions in the Legal Recognition of Muslims in Spain.’ In W. Shadid and P. S. Von Koningsveld (Eds.), Religious Freedom and the Neutrality of the State: The Position of Islam in the European Union (pp. 52–64). Leiden: Peeters Moreras, J. (2004). ‘La religiosidad en contexto migratorio: partencias y observancias.’ In B. López García and M. Berriane (Eds.), Atlas de la inmigración magrebí en España. Madrid: Taller de Estudios Internacionales Mediterráneos (pp. 412–415). Observatorio Permanente de la Inmigración, Ministerio de Trabajo y Asuntos Sociales Moreras, J. (2005a). ‘Autoritats en (re)construcció. La figura de l’imam en el context migratori.’ In G. Aubarell and J. Moreras (Eds.), Imams D’Europa: Les Expressions de l’autoritat religiosa Islàmica (pp. 44–59). Barcelona: Institut Europeu de la Mediterrània Moreras, J. (2005b). ‘Sermons en la diàspora. La definició del perfil dels Imams a Espanta i a Catalunya.’ In G. Aubarell and J. Moreras (Eds.), Imams D’Europa: Les Expressions de l’autoritat religiosa Islàmica (pp. 124–149). Barcelona: Institut Europeu de la Mediterrània Moreras, J. (2006). ‘Migraciones y pluralismo religioso. Elementos para el debate.’ Migraciones, 9. Barcelona: Fundació Cidob Motilla, A. (2004). Los Musulmanes en España. Libertad religiosa e identidad cultural. Madrid: Trotta MTAS (1996–2006). Anuarios Estadísticos. Ministerio de Trabajo y Asuntos

200

References

Sociales. Retrieved 1 October 2011, http://extranjeros.mtas.es/es/general/ DatosEstadisticos_index.html MTAS (2006). Informe anual que publica la autoridad central de la Inspección de Trabajo y Seguridad Social. Dirección General de la Inspección de Trabajo y Seguridad Social, Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October 2011, www.mtas.es/itss/web/Que_hacemos/Estadisticas/doc/ Memoria_2006/memoria2006.pdf MTAS (2007a). ‘Coyuntura Laboral, Análisis del Mercado de Trabajo.’ Coyuntura Laboral 83, November 2007. Madrid: Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October 2011, www.mtas.es/empleo/coyun​ tura/numeros/83/5MercadoTrabajo.pdf MTAS (2007b). ‘Afiliación de extranjeros a la seguridad social.’ Encuesta de Población Activa. Madrid: Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October 2011, www.tt.mtas.es/periodico/seguridadsocial/​ 200711/AFILIADOS per cent20EXTRANJEROS per cent20OCTUBRE per cent2007.pdf MTAS (2007c). Plan Estratégico de Igualdad de Oportunidades (2008–2011). Madrid: Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October 2011, www.mtas.es/igualdad/PlanEstrategico.pdf Municipal Council of Immigration (2008). Working Plan 2008–2011. Barcelona: City Council of Barcelona Muñoz, G. (1997). Educación Intercultural. Teoría y práctica. Madrid: Escuela Española Navarro, J. M. (1997). El Islam en las Aulas. Barcelona: Karia Editorial Nielsen, J. S. (2001). ‘Muslims, the State and the Public Domain in Britain.’ In R. Bonney (Ed.), Religion und Politik in Deutschland und Grossbritannien (pp. 145–154). München: Saur Niessen, J., Huddleston, T. and Citron, L. in cooperation with Geddes, A. and Jacobs, D. (2006). Migrant Integration Policy Index. Brussels: British Council and Migration Policy Index. Retrieved 1 October 2011, www.integ​ rationindex.eu/multiversions/2712/FileName/MIPEX-2006-2007-final.pdf Observatorio Andalusí (2006). Estudio demográfico de la población musulmana: Explotación estadística del censo de ciudadanos musulmanes en España referido a fecha 01/01/2006. UCIDE. Retrieved 1 October 2011, http://mx.geocities.com/hispanomuslime/cifras.htm Observatorio Andalusí (2010). Estudio demográfico de la población musulmana. Madrid: UCIDE Observatorio Español del Racismo y la Xenofobia (2006). Informe Annual 2006: Activides del Observatorio Español del Racismo y la Xenofobia, Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October 2011, www. sp.upcomillas.es/sites/mtas/Lists/Documentos/Attachments/75/Memoria per cent20Oberaxe per cent202006 per cent203.04.07.pdf Observatorio Permanente de Inmigración (2007). Boletín Estadístico de extranjería e inmigración, 14. Madrid: Secretaria de Estado de Inmigración y Emigración, Ministerio de Trabajo y Asuntos Sociales. Retrieved 1 October



References201

2011, http://extranjeros.mtas.es/es/general/BoletindeExtranjeria-num-14-Web. pdf OECD (2003). ‘Economic Survey of  Spain, 2003.’ OECD Policy Brief, April 2003. Retrieved 1 October 2011, www.oecd.org/dataoecd/58/59/2503794. pdf OECD (2004). Learning for Tomorrow’s World: First Results from PISA 2003. Paris: Organisation for Economic Co-operation and Development. Retrieved 1 October 2011, www.oecd.org/dataoecd/1/60/34002216.pdf OECD (2007). ‘Migration in OECD Countries: Labor Market Impact and Integration Issues.’ Economics Department Working Papers, 562. By Sebastien Jean, Orsetta Causa, Miguel Jimenez and Isabelle Wanner. Retrieved 1 October 2011, www.olis.oecd.org/olis/2007doc.nsf/43bb6130 e5e86e5fc12569fa005d004c/db6fcf649fbf4e5dc125730e0051dd29/$FILE/ JT03231713.pdf Oficina de Prensa de CCOO de Catalunya (2007, 10 May). ‘CCOO de Catalunya denuncia Mac Donalds por contratación irregular de trabajadores extranjeros.’ Retrieved 10 October 2012, www.comfia.info/noticias/34298.html Oficina per la No Discriminació de l’Ajuntament de Barcelona (2007). Oficina per la No Discriminació: 8 anys vetllant pels drets civils Barcelona 1998– 2006. Barcelona: IMGESA Okin, S. M. (1998). ‘Feminism and Multiculturalism: Some Tensions.’ Ethics, 108, 661–684 Oliver Alonso, J. (2005). ‘Efecto llamada e inmigración: razones del choque inmigratorio e impacto en el mercado de trabajo español 1995–2005.’ Índice Laboral Manpower. Retrieved 1 October 2011, www.manpower.es Orduña, C. (2007, 4 January). ‘Una ley para los cultos no católicos.’ El País, 31 Pajares, M. (2006). ‘La inserció laboral de la població inmigrada.’ In M. J. Larios and M. Nadal (Eds.), L’estat de la immigració a Catalunya. Anuari 2006, Vol. I (pp. 233–264). Barcelona: Jaume Bofill Pajares, M. (2007). Inmigración y mercado de trabajo. Informe 2007. Análisis de datos de España y Cataluña. Madrid: Ministerio de Trabajo y Asuntos Sociales, Secretaría General de Asuntos Sociales, Instituto de Migraciones y Servicios Sociales. Retrieved 1 October 2011, http://extranjeros.mtas.es/es/ general/ InmigMercadoDeTrabajoInforme2007.pdf Palaudàrias i Martí, J. M. (2002). Escola i immigració estrangera a Catalunya: la integració escolar. Papers. Revista de Sociología, 66, 199–213 Parekh, B. (2000). Rethinking Multiculturalism: Cultural Diversity and Political Theory. Cambridge, MA: Harvard University Press Parella, S. (2009). ‘La gestión política del género y la mujer inmigrante.’ In R. Zapata-Barrero (Ed.), Políticas y gobernabilidad de la Inmigración en España (pp. 207–226). Barcelona: Ariel Parlament de Catalunya (2006). Organic Law 6/2006 of the 19th July, on the Reform of the Statute of Autonomy of Catalonia. Retrieved 1 October 2011, www.parlament-cat.net/porteso/estatut/estatut_angles_100506.pdf

202

References

Pérez, M. (2002). ‘El Ayuntamiento de Premià aparca el proyecto de la mezquita y cede una escuela a los musulmanes.’ El País, 4 Pérez, M. (2007, 10 June). ‘La segregación escolar. Los asociaciones educativas apuestan por una repartición equitativa de los alumnos extranjeros.’ El Mundo, 39 Pérez-Barco, M. J. and Bastante, J. (2007, 27 November). ‘El Gobierno abre el debate sobre el uso del velo y otros símbolos en espacios públicos.’ ABC, 10 Pérez-Díaz, V., Álvarez-Miranda, B. and Chuliá, E. (2004). La inmigración musulmana a Europa: turcs a Alemanya, algerians a Franca i marroquins a Espanya. Barcelona: Fundació ‘La Caixa’ (Colecció Estudis Socials, 15) Periodista Digital (2006a, 3 February). ‘Y estas caricaturas en un diario danés incendian los ánimos de musulmanes.’ Periodista Digital. Retrieved 1 October 2011, www.periodistadigital.com/ Periodista Digital (2006b, 4 February). ‘La ONU, el Vaticano, la UE, EEUU e Inglaterra reaccionan ante la furia islamista.’ Periodista Digital. Retrieved 1 October 2011, www.periodistadigital.com/ Phillips, A. (2007). Multiculturalism without Culture. Princeton, NJ: Princeton University Press Phillips, A. (2008). ‘More on Culture and Representation.’ Social Legal Studies, 17(4), 555–558 Playà Maset, J. (2006, 11 December). ‘Los imanes reivindican mezquitas dignas.’ La Vanguardia, 25 Playà Maset, J. (2007, 9 September). ‘La escuela ya es multicultural.’ La Vanguardia, 31 Point, S. and Singh, V. (2003). ‘Defining and Dimensionalising Diversity: Evidence from Corporate Websites across Europe.’ European Management Journal, 21(6), 730–761 Prado, A. (2006, 1 September). ‘El acceso de la mujer a la mezquita.’ El Periódico de Cataluña, 6 Prats, J. (2005). ‘El sistema educatiu espanyol.’ In J. Prats and F. Raventós (Eds.), Els sistemes educatius europeus ¿Crisi o transformació? (pp. 174– 224). Barcelona: La Caixa (Col·lecció estudis socials º1) Presno Linera, M. (2004). ‘El reconomiento de los derechos de participación política como Forma de integración de los extranjeros.’ Trabajo presentado en el IV Congreso Sobre la Inmigración en España, Girona Requejo Coll, F. (2005). Multinational Federalism and Value Pluralism: The Spanish Case. London and New York: Routledge Rodríguez de Paz (2006, 6 December). ‘El modelo de la asignatura de religión impide un acuerdo entre Gobierno y obispos.’ La Vanguardia, 25 Ruiz Sierra, J. (2006, 1 October). ‘La quema de Mahoma desaparece por temor en las fiestas valencianas.’ Periodico de Cataluña, 73 Sahuquillo, M. R. (2007, 1 October). ‘Yahvé y Jehová no van a la escuela, en España sólo hay tres colegios concertados de religiones minoritarias.’ El País, 45



References203

Sales, F. (2007, 21 January). ‘Mezquitas en Cataluña. Las catacumbas del Islam. Una red de 160 locales diseminados por Cataluña se convierten los viernes en oratorios.’ El País, 34 Secretaría de Estado de Inmigración y Emigración (2007). Plan Estratégico de Ciudadanía e Integración 2007–2010 (The Strategic Plan of Integration and Citizenship). Dirección General de Integración de los Inmigrantes. Retrieved 1 October 2011, www.mtas.es/es/migraciones/Integracion/PlanEstrategico/ Docs/PECIDEF180407.pdf Serrano, S. (2006, 5 February). ‘Las imágenes de Mahoma.’ El País, 16–18 Sinclair, A. (2000). ‘Women within Diversity: Risks and Possibilities.’ Women in Management Review, 15(5/6), 237–245 Solanes Corella, A. (2006). ‘Integración sin derechos: de la irregularidad a la participación.’ Cuadernos electrónicos de filosofía del derecho, 14, Sociedad Española de Filosofía Jurídica y Política, pp. 1–32 Solanes Corella, A. (2008). ‘La participación política de las personas ­­inmigrantes: cuestiones para el debate.’ Derechos y libertades, 12(18), 67–96 Solé, C. (1995). La Discriminación Racial de los Inmigrantes en el Mercado de Trabajo. Madrid: CES Solé, C. and Parella, S. (2003). ‘The Labour Market and Racial Discrimination in Spain.’ Journal of Ethnic and Migration Studies, 29, 121–140 Solé, C. and Parella, S. (2005). Negocios Étnicos, los comercios de los inmigrantes no comunitarios en Cataluña. Barcelona: Fundació Cidob SOS Racisme (2002–2006). Informe Anual sobre el racismo en el Estado español (2002–2006). Barcelona: Icaria SOS Racisme (2006a). Campanya 1IGUAL1. Retrieved 1 October 2011, www. sosracisme.org/accions/campanya.php SOS Racisme (2006b). Memòria de l’Oficina d’Informació i Denúncies. Retrieved 1 October 2011, www.sosracisme.org/denuncia/oid.php#part7 SOS Racisme (2007a). ‘Informe Anual 2007 sobre el racismo en el Estado español.’ Press release. Retrieved 1 October 2011, www.sosracisme.org/ reflexions/pdfs/IA2007_DossierPrensa.pdf SOS Racisme (2007b). Informe Anual sobre el racismo en el Estado español (2004–2006). Barcelona: Icaria Statute of Autonomy of Catalonia. Retrieved 1 October 2011, www.gencat.cat/ generalitat/eng/estatut/index.htm Subirana, J. (2006, 30 November). ‘El PP tacha de lacista al Ayuntamiento de BCN. El partido critica el cambio de nombre del CEIP Joan XXIII por el de Rosa dels Vents.’ El Periódico de Cataluña, 42 Terrén, E. (2001). El contacto intercultural en la escuela. A Coruna: Servicio de Publicacions da Universidade da Coruna Thompson, S. (2008). ‘Multiculturalism without Multiple Cultures?’ Social Legal Studies, 17(4), 543–547 Tratados de Amistad y Cooperación entre España y Chile de 1990 Tratados de Amistad y Cooperación celebrados entre España y Colombia de 1998

204

References

Tratados de Amistad y Cooperación celebrados entre España y la República Argentina, el 3 de junio de 1988 Tratados de Amistad y Cooperación celebrados entre España y la República Oriental del Uruguay, el 23 de julio de 1992 Triandafyllidou, A. (Ed.) (2010). Muslims in 21st Century Europe: Structural and Cultural Perspectives. London: Routledge Turner, B. S. (2006). ‘Citizenship and the Crisis of Multiculturalism.’ Citizenship Studies, 10, 607–618 Veredas, S. (2003). ‘Las asociaciones de inmigrantes en España. Práctica clientelar y dependencia política.’ Revista Internacional de Sociología, 36, 207–225 Verloo, M. (2006). ‘Multiple Inequalities, Intersectionality and the European Union.’ European Journal of Women’s Studies, 13(3), 211–228 Vertovec, S. (2007). ‘Super-diversity and its Implications.’ Ethnic and Racial Studies, 30(6), 1024–1054 Vertovec, S. and Wessendorf, S. (Eds.) (2010). The Multiculturalism Backlash: European Discourses, Policies and Practices. London: Routledge Vives, J. (2002, 27 April). ‘La mezquita de Premià. La construcción del templo origina un agitado debate ciudadano.’ La Vanguardia, 35 Wise, L. R. and Tschirhart, M. (2000). ‘Examining Empirical Evidence on Diversity Effects: How Useful Is Diversity Research for Public-Sector Managers?’ Public Administration Review, 60(5), 386–394 Wrench, J. (2007). Diversity Management and Discrimination: Immigrants and Ethnic Minorities in the EU. Aldershot: Ashgate Publishing Limited Yuval-Davis, N. (2006). ‘Intersectionality and Feminist Politics.’ European Journal of Women’s Studies, 13(3), 193–209 Zapata-Barrero, R. (2002). El turno de los inmigrantes. Esferas de Justicia y Políticas de acomodación. Colección Inmigración y Refugio. Madrid: Instituto de Migraciones y Servicios Sociales (IMSERSO) Zapata-Barrero, R. (2003a). La politització de la immigració durant la comapanya de les eleccions municipals del 25 de maig de 2003. Discurs polític i social a Barcelona, Premià de Mar i Vic. Barcelona: Universitat Pompeu Fabra Zapata-Barrero, R. (2003b). ‘The “Discovery” of Immigration: The Politicization of Immigration in the Case of El Ejido.’ Journal of International Migration and Integration, 4, 523–539 Zapata-Barrero, R. (2004). Multiculturalidad e inmigración. Madrid: Síntesis Zapata-Barrero, R. (2005). ‘Bases para interpretar la multiculturalidad en España.’ In R. Del Águila (Ed.), Inmigración. Un desafío para España (pp. 193–246). Madrid: Editorial Pablo Iglesias Zapata-Barrero, R. (2006). ‘The Muslim Community and Spanish Tradition: Maurophobia as a Fact, and Impartiality as a Desiratum.’ In T. Modood, A. Triandafyllidou and R. Zapata-Barrero (Eds.), Multiculturalism, Muslims and Citizenship: A European Approach (pp. 143–161). New York: Routledge Zapata-Barrero, R. (2007). ‘Immigration, Self-Government and Management



References205

of Identity: The Catalan Case.’ In M. Korinman and J. Laugland (Eds.), The Long March to the West: Twenty-first Century Migration in Europe and the Greater Mediterranean Area (pp. 179–202). Vallentine: Mitchell Zapata-Barrero, R. (2008a). ‘Moroccan Immigrants in Spain: An Overview of Main Topics and Normative Challenges.’ The Maghreb Review, 33, 35–68 Zapata-Barrero, R. (2008b). La inmigración en naciones minoritarias: Flandes, Quebec y Cataluña en perspectiva. Madrid: Icaria editorial Zapata-Barrero, R. (2008c). ‘Perceptions and Realities of Morocco Immigration Flows and Spanish Policies.’ Journal of Immigration and Refugee Studies, 6, 382–396 Zapata-Barrero, R. (Ed.) (2009a). Políticas de gobernabilidad de la inmigración en España. Barcelona: Ariel Zapata-Barrero, R. (Ed.) (2009b). Immigration and Self-government of Minority Nations. Brussels: Peter Lang editor, Col. Diversitas Zapata-Barrero, R. (Ed.) (2009c). Citizenship Policies in the Age of Diversity. Barcelona: Cidob Foundation Zapata-Barrero, R. (2009d). Fundamentos de los discursos políticos en torno a la inmigración. Madrid: Trotta Zapata-Barrero, R. (2010a). ‘Dynamics of Diversity in Spain: Old Questions, New Challenges.’ In S. Vertovec and S. Wessendorf (Eds.), Backlash against Multiculturalism in Europe: Public Discourse, Policies and Practices (pp. 181–200). London: Routledge Zapata-Barrero, R. (2010b). Diversidad y política cultural: la ciudad como escenario de innovación y de oportunidades. Barcelona: Icaria editorial Zapata-Barrero, R. and Qasem, I. (2008). ‘The Politics of Discourse towards Islam and Muslim Communities in Europe.’ In P. Mouritsen and K.  E.  Jørgensen (Eds.), Constituting Communities: Political Solutions to Cultural Conflict (pp. 73–93). Basingstoke: Palgrave Macmillan Zapata-Barrero, R. and Triandafyllidou, A. (Eds.) (2012). Addressing Tolerance and Diversity Discourses in Europe: A Comparative Overview of 16 European Countries. Barcelona: CIDOB/GRITIM-UPF Zapata-Barrero, R. and Witte, N. de (2007). ‘The Spanish Governance of EU Borders: Normative Questions.’ Mediterranean Politics, 12, 85–90 Zapata-Barrero, R. and Witte, N. de (2010). ‘Muslims in Spain: Blurring Past and Present Moors.’ In A. Triandafyllidou (Ed.), Muslims in 21st Century 181–198). London: Europe: Structural and Cultural Perspectives (pp.  Routledge

Web pages (retrieved 1 October 2011) Campaign of Sos-Racisme 1IGUAL1 (1 Equal 1): www.sosracisme.org/accions/ campanya.php Campaign of SOS-Racismo for voting right of immigrants: www.sosracism​o​ madrid.es/derecho-al-voto.html CCOO web: ‘CCOO de Catalunya, SOS Racisme i entitats d’immigrants pre-

206

References

senten un manifest sobre la situació de la immigració’, www.ccoo.cat/aspnet/ noticia.aspx?id5102991 Consenso Social sobre Migraciones (2007). ‘Documento de bases legales: Área sobre Participación Política y Ciudadanía’, www.consensosocial.org/home2. htm Eurobarometer Report: http://ec.europa.eu/employment_social/eyeq/uploaded_ files/documents/Eurobarometer_report_en_2007.pdf Manifesto of the Platform for a Citizenship of Residence (Plataforma Tod@s iguales. Tod@s ciudadan@s): www.acoge.org/descargadocs/manifiesto_ ingles.doc Ministerio de Trabajo e Inmigración: www.mtin.es/es/migraciones/Integracion/ Foro/index.htm MTAS: www.mtas.es Oficina No Discriminació: www.oficinanodiscriminacio.com Resolutions made by the Socialist Party in its last Federal Congress in July 2008: www.psoe.es/ambito/saladeprensa/docs/index.do?action5View&id5 205507

Index

Note: page numbers in italic refer to figures and tables. accommodation 7, 9, 21–2, 75, 84, 85, 167, 168, 180–2 admission policy, school 72–3, 77–83, 93, 121 agreement between Spanish State and Islamic Commission of Spain (1992) 21–2, 26, 38, 45, 59, 110 between State and religious minorities 26, 27, 40–4, 46–8, 59, 73–5, 92, 176 collective 116–17 international 80, 88–9, 123, 144–5, 151, 160, 179 Aliens Law 13, 104–5, 113, 122, 171–5, 177–8 anti-discrimination discourse see discourses legislation 10, 26, 99–100, 109–13, 178 policies 8, 17, 113–15, 119 see also non-discrimination associationism 19, 150, 152, 155, 157–61 autonomous communities 15–16, 68–9, 71, 77–82, 92–3, 150, 167, 170–1, 176, 181–2 Basque country 23, 68–9, 92, 170–1, 182 cartoon affair see Danish cartoon affair Catalan government 41–7, 66–7, 74–6, 82, 113–15

language 25, 49, 82–90, 170, 182 society 25, 49–50, 86 Catalonia 23–7, 31–4, 41–4, 46–50, 65, 68, 72–4, 82–91, 92–4, 114–16, 117–20, 144–5, 170–1, 182 Catholic Church 1–3, 36–7, 59, 67–8, 73–4, 80, 89, 92, 168–9, 175–7 catholicism 50, 88 CCOO see Comisiones Obreras challenges diversity 3, 21–3, 30, 60, 85, 174–83 educational 66–7, 69–73, 76–81 identity 1, 24, 49, 83, 92, 170 immigration related 1, 6, 14, 15–16, 28, 58, 117–21, 169 Christians 53–5, 58–9, 64, 96 citizenship definition 78 education for 73–4, 77, 80, 83, 92, 169 and Immigration Plan (Catalonia) 20, 76, 83–4, 90, 114 policy 1, 14, 19–21, 24 residence-based 140, 143 rights 144, 173, 177 coexistence 22, 41, 44–5, 56, 58, 69, 85–7, 95, 154, 158, 161, 164 Comisiones Obreras 107, 140–1 conflict diversity related 2, 8, 13, 28–35, 51–8, 167, 169, 174 Mosque construction 21, 26, 28, 37–50

208

Index

Council for Equal Treatment 120–1, 125, 130 Danish cartoon affair 33, 50–8, 59–60 dialogue 47, 52, 71, 85, 87, 93, 147–8. 154, 161, 164 discourses 4, 12, 21, 28–65, 82, 84, 140, 145–7, 171–2 anti-discrimination 45, 108, 121 policy 1, 8, 91–3, 166, 176 discrimination 32, 37, 55, 84, 136, 160 anti- see anti-discrimination institutional 171–6, 181 multiple 22–3, 70 positive 70, 73, 79 workplace, at 99–128, 177–9 education 3, 8, 10, 14, 26, 66–94, 114, 120, 150, 168, 170–3, 175–7 for citizenship see citizenship intercultural 70–1, 79–81, 83, 87, 91, 93 language 74, 82, 86, 88, 92, 176 policy approaches 76–82, 175 religion, and 2, 21, 36, 37, 61, 68, 69, 73, 75, 77, 80, 83, 88, 92, 175 employment 17, 77–8, 101, 104–5 conditions 104, 106, 107 irregular 99, 100, 104–7, 113–14, 118, 178 equal opportunities 17, 69, 84, 114, 116, 121, 178, 180 rights 20, 69, 84, 121, 140, 149, 178, 180, 181 treatment 17, 107, 109–15, 120–2, 148, 171, 178, 181 equality 18, 20, 22–3, 36, 70, 78, 81, 84, 86–7, 92, 110, 121, 144, 156, 176, 178–9, 181 gender 23, 37, 116 policies 22, 85, 115 religious 37, 50 ethnicization 8, 24, 160, 171–2, 175, 179, 181 EU (European Union) 5, 10, 13, 36, 74, 78, 85, 87, 102, 104–5, 114–15, 133–4, 140 festivals 28, 33, 53–60, 64, 89, 155 fight discrimination 132, 188

focus group 26, 66, 76, 83–4, 88–91, 94, 97–8 freedom 22, 51–2, 74, 109, 141 religious 36–7, 45, 51, 74–5, 109 gender 7, 101, 119 equality see equality policies 14, 22–3 identity 3–4, 7, 9, 14, 23–5, 43, 144, 166–83 Catalan 23, 41, 49, 82–7, 89, 170, 182 immigrants 19, 69, 172 Spanish 6, 14, 20–1, 35, 58, 60, 166–7, 175, 183 immigrant association(s) 14, 18–19, 26, 90, 120, 130–1, 143, 147–9, 152–61, 179–80, 182 integration 1, 15, 78–9, 81–2, 141, 145–51, 156, 170–1, 180 students 68, 71–3, 77, 81–4, 86–8, 91–2, 176–7 workers 1, 17, 26, 28, 99–122, 177–9 immigration irregular see irregular, immigrant(s) law 12–13, 37, 104–5, 109–13, 115, 122, 172–5, 178 policy(ies) 12–15, 25, 75, 79, 129, 147, 158, 169, 177 integration model 92–3 policy(ies) 19–20, 76–8, 116, 119, 121, 182 intercultural approach 74, 79, 83, 86, 88–90, 93, 177 education see education interculturality 86–7, 91, 93, 114, 158, 166, 182 interview(s) 26, 66, 76–7, 80, 83–4, 87, 100, 103–22, 128, 135, 137–8, 146, 148–50, 153–4, 156–7, 161, 165, 180 irregular immigrant(s) 12–13, 99–100, 104–6, 108, 173, 177 work(ers) 100, 104, 107, 113–14, 118, 120–1, 178



Index209

Islam 21–2, 30–1, 33–8, 43–50, 52–3, 56–60, 89 communities 37, 41, 46, 57–9, 69, 73–4 islamophobia 33–4, 37, 43–5, 49, 59 Jewish community 36, 69, 73–4, 88, 92, 176 Jews 30, 35–6, 173 labour market 13–14, 16–18, 23, 26, 99–123, 129, 172, 177–9, 181 discrimination in see discrimination, at workplace irregular see irregular, work labour unions 107–8, 115–20, 122, 131–2, 140, 147 minority religions 35–8, 59, 75, 92, 176 mosque 31, 37, 88 debate 21, 26, 28, 30, 37–9, 49, 59 opposition 31–2, 39–46, 46–7, 50, 65 multiculturalism see multiculturality multiculturality 3, 33, 71, 121, 166, 170, 178, 181 multinational see multinationality multinationality 2, 4, 6, 9, 24, 27, 28, 68, 88, 167–9, 170, 174, 183 multiple diversity 1–4, 7–10, 28, 66, 91, 99–100, 129, 159, 166 Muslim community(es) 21–2, 29, 31, 35, 38–41, 43–6, 49, 52–3, 56–9, 73, 88, 177

political parties 12, 30–2, 40–3, 45, 53, 65, 73, 130, 132–3, 137, 139, 146, 150, 159–60, 166, 177, 179 anti-immigrant 41, 43, 167 nationalist 43, 143, 144, 171 politicization of immigration / diversity 10, 29, 34, 42, 45, 52, 68 practical approach 2–11 passim, 14–27 passim, 99, 100, 109, 120, 166–8, 176, 180–1 practical philosophy see practical approach racism 12, 29, 31–4, 45, 87, 99, 111, 114, 119, 153, 158 see also xenophobia reception classes (aules d’acollida) 70, 85–6, 90 of immigrants 15, 19, 32, 71, 78–9, 85, 91, 113, 115, 148 religious demands 2, 13, 43, 58, 59, 75, 89 education see education; religion, and minorities see minority religions residence 20, 84, 140 length 24, 34, 135, 137, 141, 142–4, 151, 173 permanent 134, 136, 141, 145, 152, 160 rights see equal, rights; voting rights

oratories 37, 39, 41, 43, 46–7, 49, 60 opening of 31, 37, 44, 46–7, 59

Spanish Constitution (1978) 12, 15, 68, 109, 131, 133–8 passim, 143, 151–2, 169–75 passim education system 67–8, 73, 79, 82 nationality 7, 24, 30, 34, 60, 105, 131, 136, 140–2, 152, 160, 173, 175, 179 see also identity, Spanish stakeholders 66, 83, 100, 103, 111, 119, 121–2, 178

permanent residence 134, 136, 141–2, 144–5, 151–2, 160, 171 policy see admission, policy, school; discourses, policy; education, policy approaches; integration, policy

terrorism 22, 29, 38, 49, 51–2, 60 third country nationals 101, 103, 118, 172 Transition, democratic 1–9 passim, 14, 15, 18, 66–8, 91, 138, 159, 167, 169, 174, 175, 176, 187

national identity see identity; challenges, identity non-discrimination 78, 82, 100, 108–22 passim, 153, 170–1, 178 see also anti-discrimination

210

Index

voting rights 10, 43–4, 129–146 passim, 169 obtaining 136–7, 140–1, 173 of immigrants 26, 32, 45, 130, 151, 159–60, 171, 179, 183 women 17, 78, 89, 117–18, 151, 158 discrimination against 31, 39, 104, 107 participation in workforce 22–3, 101, 106–7 work permit 15, 103, 105, 115, 118, 120, 122, 173, 178

working conditions 17, 23, 29, 103, 105–7 passim, 113, 116, 118, 120, 178 worship 2, 22 freedom of 22, 36, 51 places for 31–2, 37–44 passim, 47–9, 59 see also freedom, religious xenophobia 87, 114, 119, 125, 144, 153 see also racism xenophobic behavior 49, 53 protests 30