11TH NATIONAL SELECTION CONFERENCE OF EYP ALBANIA
ACADEMIC PREPARATION KIT
# Your Culture
.
TABLE OF CONTENTS
PRESIDENT WELCOME WORDS
6
COMMITTEE ON CONSTITUTIONAL AFFAIRS
8
COMMITTEE ON FOREIGN AFFAIRS
13
COMMITTEE ON CULTURE AND EDUCATION I
19
COMMITTEE ON CULTURE AND EDUCATION II
24
COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY
28
COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY
33
COMMITTEE ON LEGAL AFFAIRS
38
COMMITTEE ON REGIONAL DEVELOPMENT
44
PRESIDENT’S WELCOME WORDS
.
6
7
Dear participants of Arnisa 2018, I am extremely honoured and excited to be the President of the 11th National Selection Conference of EYP Albania. We believe that this event will constitute an opportunity for you to interact with your peers and take something home, a sense of active citizenship. Together, we will convene under the theme “Culture in modern evolution.” to discuss the depths and intricacies of the concept of Culture. This theme is particularly relevant, given the diversity of backgrounds and nationalities that are represented in our organisation, but also because we, young Europeans, share a common set of values. These values give life and meaning to EYP and I am looking forward to exchanging and exploring this vast territory with you! Toni, Xhulio and I, along with the Board of EYP Albania, have been working together to shape a session that we hope will allow you to go the extra mile and discover new aspects of yourself! If you are willing to challenge your opinion and share your ideas with your peers, then welcome to Arnisa 2018! We look forward to seeing you very soon in Kavajë! With excitement and joy,
Tarik
.
AFCO
COMMITTEE ON CONSTITUTIONAL AFFAIRS With low levels of satisfaction with the political system in many European countries, what steps can be taken to establish a culture of debate, encouraging active citizenship and political engagement?
1. Relevance of the topic Political action is the highest responsibility of a citizen. John F. Kennedy
Ever since its foundation, the European Union has taken significant steps in promoting Peace, Freedom and Human Rights in the spirit of tolerance, solidarity and pluralism. In order to achieve such values, democracy is an essential tool. It gives citizens the chance to speak their minds to politicians and government officials, and allows them to be represented by individuals accountable for their promises. However, recent trends have shown that young people have been abstaining from voting. Indeed, the last European Parliament elections reflected an alarming turnout - of only 28% of those aged 18-24 taking part in the direct elections1. The participation of young people has long been a concern. The sense of citizenship and political engagement has been weakened, as young people show little interest in and knowledge of political processes2. Further, indicators to the increasing disengagement of young people are also considered the cynicism of democratic institutions and the decreased trust in politicians3. It should be mentioned that there is still a big divide on the basis of occupational category, where the self-employed and managers have more trust in the EU, in contrast of the unemployed, manual workers or homemakers. The main reason for not voting among all categories is the lack of trust in politics in general; while a percentage of approximately 18% believe that voting has no effect or does not change anything. Nevertheless, trust is declining among all categories, particularly among students and the self-employed. A majority agrees that that the European Parliament does not properly take into account the concerns of European citizens, while more than half of Europeans even question themselves to be European citizens. To conclude, a majority of Europeans state that the life of the young generation will be more difficult than the life of their own generation and question the EU’s prosperity4. With these main challenges it seems that EU is losing its main values in the eyes of its citizens.
2. Key Terms Civil society is the aggregate of non-governmental organisations and institutions that manifest interest and will of citizens� It is also understood as individuals and organisations in a society in which they are independent of the government. An active civil society is a good 1. Directorate-General for Communication (2014) Post-election survey 2014 European Elections: http://www. europarl.europa.eu/pdf/eurobarometre/2014/post/post_ee2014_sociodemographic_annex_en.pdf 2. Schenk, Angelina (2015) Political Participation: Why and how we should address the young generation?: https://www.thenewfederalist.eu/political-participation-why-and-how-we-should-address-the-young-generation 3. Education Audiovisual and Culture Executive Agency (2012) Political Participation and EU citizenship: http:// eacea.ec.europa.eu/youth/tools/documents/perception-behaviours.pdf 4. European Commission (2016) Special Eurobarometer: Future of Europe: http://ec.europa.eu/commfrontoffice/ publicopinion/index.cfm/Survey/index#p=1&instruments=SPECIAL
9
indicator of a democratic society. Political engagement is the act of participating in the political process by making one’s beliefs or opinions known. Such civic activities may be voting, protesting, taking part in public consultations, signing a petition or even writing to a government official. Active citizenship advocates that every individual has certain roles and responsibilities to society and the environment, even in the cases, where these individuals do not have any specific governing roles. An active citizen is considered someone who takes a role in the community. Voter turnout is the percentage of eligible voters who make a decision in an election. Since the 1980s there has been a trend of decreasing voter turnout, which is caused by indifference or the sense of futility (meaning that one’s vote will not make any difference). Euroscepticism (also known as EU scepticism) defines the criticism towards EU and European Integration. Sometimes it can also mean the opposition of EU or the total rejection of it.
3. Key Actors Civil Society, composed of citizens linked by common interest and collective activity, plays an important role when it comes to the sense of elements such as freedom of speech, mobilising public support or instigating social change. Youth Organisations and other European Non Governmental Organisations (NGO) tend to prepare items for discussion among Europeans. This work includes issues such as participation and active citizenship, social inclusion and solidarity, youth work or even opportunities for young people in education or training in the labour market. Youth Working Party5 prepares items for discussion by EU ministers for youth. Its work includes issues such may be the participation and active citizenship, but also the working party has the opportunity to deal with other youth issues related to a variety of sectors: education, employment, health and well-being and sport National Governments of Member States are responsible for maintaining internal and external security and stability. They have the possibility to ease the process of voting; while in the same time build trust through information and transparency. The European Council is an important decision maker and takes major political decisions regarding the present and the future of the EU. The European Council can pass (with a unanimous vote) amendments in the area of EU’s internal policies and actions. The European Parliament, the only directly elected EU body, represents the voice of 500 million European citizens.
4. Key Conflicts It is a well-established fact that young people vote less than older generations. Indeed, in 2010 only 61% of young respondents (aged 22-29) voted in the last national elections, as opposed to the 78.1% of over 30-year-olds. According to Eurobarometer, the youth has chosen to have different perceptions when it comes to political participations. Taking in account Brexit, the youth strongly favoured “Remain”, as opposed to older generations, according to polls. However the low numbers of young voters did not favour the youth’s opinion6. Moreover, the he decreasing number of voters is widely seen in other age groups as well. Older people seem to have lost trust in national politicians and also they do not see the EU as a solution. The trust towards national governments is widely gone, with a majority (51%) of Europeans who do not think that in their country everyone has a chance to succeed7. Roughly. 5. European Council (2017) Youth Working Party: http://www.consilium.europa.eu/en/council-eu/preparatory-bodies/youth-working-party/ 6. Goulard, Hortense (2016) Britain’s youth voted Remain: https://www.politico.eu/article/britains-youth-votedremain-leave-eu-brexit-referendum-stats/
10
half of Britons and Poles say that their political system is not functioning well, and nearly two-thirds in southern Europe are not satisfied with their democracies, including 79% in Greece8 Critics believe that the Union is suffering from a democratic deficit, with powers being transferred from the national to the European level, without establishing the corresponding democratic control at the European level. Nevertheless, the lack of knowledge regarding EU institutions and its competences is shown to be an issue, when it comes to the dissatisfaction of Europeans. Lastly, eurosceptisicm creates a gap between Europeans’ opinions and what EU can really accomplish.
5. Measures in Place The Council Resolution on ‘Encouraging political participation of young people in democratic life in Europe’9 underlines the importance of formal education and non-formal learning, local and regional participation opportunities, alternative forms and e-Participation, dialogue with political decision-makers in order to renew the framework for European cooperation in the youth field. The Lisbon Treaty (2009) has recognised the participation in democratic life as a fundamental right in Article 10.3 TEU10. Youth Organisations11 are already working to empower young people to actively participate by representing their interest and needs. ACTIVE12 is a project conducted by the European Federation for Intercultural Learning that gathers young people aged 15-18 in order to create a link between intercultural learning and active citizenship at all levels of society. The European Citizenship Trimester Programme (ECTP) is also another program from the European Federation for Intercultural Learning13, which aims to gain a wider concept of Europe, appreciate its diversity and be motivated to be an active citizen. Processes Influencing Democratic Ownership and Participation (PIDOP)14 was a multinational research project, which examined the processes which influence democratic ownership and participation. The PIDOP project published a series of Policy Briefing Papers such as: “How can young people’s levels of civic and political participation be enhanced?”; “What does 7. Education Audiovisual and Culture Executive Agency (2012) Political Participation and EU citizenship: http:// eacea.ec.europa.eu/youth/tools/documents/perception-behaviours.pdf 8. Pew Research Center (2017) Many unhappy with current political system: http://www.pewglobal. org/2017/10/16/many-unhappy-with-current-political-system/ 9. Official Journal of the European Union (2015) Council Resolution on encouraging political participation of young people in democratic life in Europe https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:42015Y1215(02)&from=EN 10. ‘Every citizen shall have the right to participate in the democratic life of the Union’. (Article 10.3 TEU) ‘Encouraging the participation of young people in democratic life in Europe’ (Article 165) 11. Innovations in Civic Participation (2010) Europe: http://www.icicp.org/resource-library/icp-publications/global-youth-service-database/europe-2/ 12. European Federation for Intercultural Learning (2015) Active Citizenship tool in various environments https:// www.coe.int/en/web/human-rights-education-youth/hre-in-action/-/asset_publisher/W79dOxelzCoU/content/ active-active-citizenship-tools-in-various-environments-?inheritRedirect=false&redirect=https%3A%2F%2Fwww.coe.int%2Fen%2Fweb%2Fhuman-rights-education-youth%2Fhre-in-action%3Fp_p_id%3D101_INSTANCE_ W79dOxelzCoU%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_mode%3Dview%26p_p_col_ id%3Dcolumn-1%26p_p_col_count%3D1 13. European Federation for Intercultural Learning (2009) European Citizenship Trimester Programme https:// www.coe.int/en/web/human-rights-education-youth/hre-in-action/-/asset_publisher/W79dOxelzCoU/content/european-citizenship-trimester-programme-ectp?inheritRedirect=false&redirect=https%3A%2F%2Fwww. coe.int%2Fen%2Fweb%2Fhuman-rights-education-youth%2Fhre-in-action%3Fp_p_id%3D101_INSTANCE_ W79dOxelzCoU%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_mode%3Dview%26p_p_col_ id%3Dcolumn-1%26p_p_col_count%3D1 14. Processes Influencing Democratic Ownership and Participation (2009) Welcome to the PIDOP: http://www. pidop.surrey.ac.uk/
11
quantitative research tell us about youth political and civic participation” or “How do institutional factors affect citizens’ political and civic participation?”. Further the PIDOP’s researchers have developed a series of detailed policy recommendations concerning the actions which may be taken by politicians, political institutions, media producers, educational professionals, schools and civil society actors to enhance political and civic participation among youth, women, migrants and minorities.
6. What now? How can Youth Organisations and European NGOs promote civic engagement and active citizenship? What role should the National Governments play in gaining the trust of their voters? How can the EU establish an attractive environment, that would increase the number of voters in direct elections? How does the European youth differ from the old generation when it comes to political engagement? How should the EU approach the decreasing voter turnout? What will be the consequences of a low active citizenship to Europeans, as well as EU itself? Quality of life in Europe - facts and views - governance http://ec.europa.eu/eurostat/statistics-explained/index.php/Quality_of_life_in_Europe_-_ facts_and_views_-_governance Why and how should we address the young generation? https://www.thenewfederalist.eu/political-participation-why-and-how-we-should-address-the-young-generation PIDOP http://www.pidop.surrey.ac.uk/ What is Active Citizenship? https://www.youtube.com/watch?v=kiZNO_Lca8k Unpacking ‘Civic Engagement’ https://www.youtube.com/watch?v=m-sPZlCpxfY What is youth engagement? https://www.youtube.com/watch?v=EBWuF9y8hko
12
.
AFET
COMMITTEE ON FOREIGN AFFAIRS Bearing in mind their status of potential candidates for EU accession, how can the EU ensure political and social stability in Bosnia and Herzegovina, as well as the Republic of Kosovo, while safeguarding the cultural independence of all ethnic and religious groups?
13
1. Relevance of the Topic Having the right to bare your ethnic symbols and following your religious traditions is fundamentally crucial to the concept of citizenship. Yet, amidst Europe there exist places where simple ethnic or cultural celebrations might be frowned upon and even fought against. These cases are especially vivid in the Western Balkans1 region. The six countries comprising it (Albania, Bosnia & Herzegovina, the former Yugoslav Republic of Macedonia (FYROM), Montenegro, Kosovo2 and Serbia) are currently in a long process of Stabilisation3 of democracy and their will for progress is public in their aspiration to join the EU. Four countries currently possess the status of official candidate country, while Bosnia and Herzegovina and the Republic of Kosovo are still in the status of potential candidate4 countries. The progress towards integration differs in each state and critics argue that the lack of political and social stability, hostage of ethnic and religious differences within these states, leaves Bosnia and Herzegovina and Kosovo behind the rest of the region in the route towards integration5 6. . In light of the conditions7 to join the Union highlighting the need for a stable democracy, the coexistence and cooperation of ethnic and religious groups inside aspiring countries is vital. They are important not only for the stabilisation of internal affairs but also for the improved external relations with neighbouring countries. Bosnia and Herzegovina and Kosovo are two states with striking similarities which recently have managed to create an independent state after the dismemberment and war in Yugoslavia. The war in Bosnia8 and the war in Kosovo9 are indeed determinants of the history of these states. Not only showcasing the will of the people for self-determination, but also revealing the complex relations between ethnic groups inside these states, the after-war period proved challenging for the formation of states in both regions. The continuous disputes and most recent developments demonstrate clearly that inter-ethnic10 and institutional stability in Bosnia and Herzegovina is not much better than in the post-war days and has even been aggravated, pushing ethnic divisions to the limits of the Dayton Agreement. Meanwhile in the Republic of Kosovo, ongoing disputes with Serbia regarding the status of its sovereignty keep political stability at bay, while fuelling socio-cultural differences between the ethnic Albanian majority and ethnic Serbian minority11. The European Union is highly present in both states through security structures (EUFORA and EULEX) and special diplomatic missions assists both in various areas and stressing the importance of the coexistence of ethnic and religious groups inside Bosnia and Herzegovina and Kosovo. This process of cultural cooperation and cohabitation is of primary importance for the establishment of effective 1. Western Balkans: https:ec.europa.eu/transport/themes/international/enlargement/westernbalkans_en 2. *All references to Kosovo, whether the territory, institutions or population, in this text shall be understood in full compliance with United Nations’ Security Council Resolution 1244 and without prejudice to the status of Kosovo 3. Stabilisation and Association Process (SAP) https://ec.europa.eu/neighbourhood-enlargement/policy/glossary/terms/sap_en 4. The EU Candidate countries: https://www.avrupa.info.tr/en/interactive-map-eu-and-candidate-countries-9 5. Mirela Grünther-Đečević (2017): A neverending accession process? https://www.greeneuropeanjournal.eu/anever-ending-accession-process-bosnia-and-herzegovinas-long-road-to-the-eu/ 6. Wolfgang Koeth (2016): Is Accession Possible without full Sovereignty? https://www.eipa.eu/wp-content/uploads/2017/11/WKO_Eipascope2012.pdf 7. The Copenagen Criteria: https://eur-lex.europa.eu/summary/glossary/accession_criteria_copenhague.html 8. The Bosnian Conflict: https://www.britannica.com/event/Bosnian-conflict 9. The War in Kosovo: https://www.britannica.com/event/Kosovo-conflict 10. Population in Bosnia and Herzegovina: http://worldpopulationreview.com/countries/bosnia-and-herzegovina-population/ 11. Population in Kosovo: http://worldpopulationreview.com/countries/kosovo-population/
14
governance and equal rights. To the rest of the neighbouring countries, positive steps towards ethnic cooperation mean a more prosperous region and a starting point for the improvement of cultural and diplomatic relations.
2. Key Terms Political stability is the state of political systems where the competition between political forces or parties does not endanger the credibility and strength of the state’s institutions and structures. Social stability is the perspective of a population and society to maintain social equilibrium and promote harmonious coexistence through eliminating ideas that do not serve to the benefit of all people. Cultural independence is considered the free manifestation of tradition and cultural values of a certain ethnic or religious group, without being refrained from another party bu always in respect of other groups’ culture. A religious group is a group of individuals whose identity is distinctive in terms of religious belief, practices or rituals to the rest of the population inside a country or region. An ethnic group or ethnicity is a group of people who identify with one another on the grounds of common ancestry, language, culture or traditions. An ethnic minority is a group of people of a particular ethnicity or nationality living in an area or state mostly populated by people of another ethnicity. The Constitution of Bosnia and Herzegovina considers as autochthonous constituent nations the ethnic groups of Bosniaks, Croats and Serbs who represent 96% of the population and cannot be considered as a minority or immigrant group inside the state. Stabilisation and Association process (SAP) is the European Union’s policy towards the Western Balkans, involving countries in a partnership with the goal to establish a stable region in political and economic terms, aiming for eventual EU membership. Instruments of Pre-Accession Assistance (IPA) is a programme of the European Union aiming to support candidate countries in their stabilisation process through offering technical assistance and financial instruments for candidate countries or potential candidate countries
3. Key Actors The Directorate Generale - European Neighbourhood Policy And Enlargement Negotiations (DG NEAR) is the European Commission department that develops and carries out the policies for the enlargement and neighbouring countries. DG NEAR is responsible for the drafting of enlargement strategy with the most recent one on Western Balkans, published on February 6th 201812. European External Action Service (EEAS) is the diplomatic service of the European Union that manages the Common Foreign and Security Policy. It is in charge of all diplomatic missions and coordinates the special missions and offices in other countries. Through the Special Representatives of the EU present in some states in the world, including Bosnia and Kosovo, EEAS helps promote peace and stability in troubled regions. The Council of Europe (CoE)13 14 is one of the main international partners that assist Bosnia 12. EU enlargement strategy: https://ec.europa.eu/neighbourhood-enlargement/countries/package_en
15
and Herzegovina and Kosovo into their Stabilisation process. The CoE grants a total of EUR 24.7 million for projects in both countries that amongst others tackle cultural diversity, access to education, protection of minorities and Human Rights. Albeit the very unique state structure15 of the state, the Government of Bosnia and Herzegovina remains the representative of the executive branch of power. It has amongst others the role to create state-wide strategies for the improvement of the coexistence of the religious groups in the country. At the same time, the Governments of The Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska are accountable for the promotion of equal chances for education and access to religion and cultural activities to other ethnic groups living inside their constituencies. The Government of the Republic of Kosovo16 is the holder of the executive power in Kosovo. It is the main actor that creates strategies for social inclusion and fair treatment and access to cultural manifestations and liberties to the ethnic and religious groups inside the country. Office of the High Representative for Bosnia and Herzegovina17 (OHR) is an international body in the status of a diplomatic mission that was established by the 1995 Peace Treaty negotiated in Dayton with the purpose of guiding the Bosnian State until the national system is able to run itself. The OHR is considered as the most powerful entity18 in the Bosnian system of power having the power to control all three branches of state power and make decisions for the state of Bosnia and Herzegovina. The United Nations Educational, Scientific and Cultural Organisation (UNESCO)19 is the leading worldwide organisation regarding the promotion of cultural understanding, cooperation, protection of human heritage and education. While Bosnia and Herzegovina is a member of UNESCO, Kosovo has yet to join the list. Nevertheless each of these two country has four20 21 monuments protected by UNESCO as part of cultural heritage of mankind even though the presence of the organisation in both states is in the form of a project. As the soul of the apolitical power the civil society both in Bosnia and Herzegovina and Kosovo hold an important role in the initiatives amongst the population for the improvement of the ethnic coexistence and the granting of cultural independence of ethnic and religious groups. NGOs, foundations and associations22 23 are actors that provide opportunities to share and foster the cooperation between different groups of the population.
4.
Key Conflicts
Bosnia and Herzegovina has no such thing as a national Ministry of Culture. Instead different cultural institutions in both entities of the state hold this responsibility, but represent mainly the cultural interests of the group they belong to24. The lack of a nation-wide institution that manages cultural activities and heritage makes it nearly impossible to build a healthy cultural life in Bosnia. This situation has left Museums and Cultural centres struggling for survival barely 13. Council of Europe and Bosnia: https://www.coe.int/en/web/programmes/bosnia-and-herzegovina 14. Council of Europe and Kosovo: https://www.coe.int/en/web/programmes/kosovo 15. Nardelli & Dzidic (2014) : Bosnia Herzegovina elections: The world’s most complicated system of government https://www.theguardian.com/news/datablog/2014/oct/08/bosnia-herzegovina-elections-the-worlds-most-complicated-system-of-government 16. Politics in Kosovo: http://www.beinkosovo.com/kosovo-politics/ 17. Office of the High Representative of Bosnia and Herzegovina: http://www.ohr.int/?page_id=1139 18. Tim Benning (2014): The ‘Bonn Powers’ of the HR of Bosnia: http://www.gojil.eu/issues/62/62_article_banning. pdf 19. UNESCO webpage: www.unesco.org 20. UNESCO and Kosovo: http://www.unesco.org/new/en/venice/culture/safeguarding-cultural-heritage/capacity-building/cultural-heritage-kosovo/ 21. UNESCO and Bosnia: https://en.unesco.org/countries/bosnia-and-herzegovina 22. Civil Society in Kosovo: http://www.kcsfoundation.org/repository/docs/03_03_2014_4035052_KCSF_2005_ Mapping_and_analysis_of_Kosovo_civil_society.pdf 23. Adam Fagan (2006): Civil Society in Bosnia 10 years after Dayton https://www.tandfonline.com/doi/ abs/10.1080/13533310500074515 24. Helen Walasek (2107): Culture Wars in Bosnia https://www.apollo-magazine.com/culture-wars-bosnia/
16
reached by tickets sales and private donations only. At the same time daily testimonies show that people from all ethnic groups are sceptic of a national cultural identity and heritage25. The populations in the entities of Bosnia and Herzegovina are heavily populated by certain ethnic groups. Evidence shows that the internal system of the entities prioritises one group or another. The cultural independence of the other ethnic groups in each entity is infringed by policies of the entity’s government. In such fashion, The Government of Republika Srpska held a referendum for the celebration of ‘The Republika Srpska Day’ every May 9th as the day of this entity’s liberation. The referendum and the holiday itself were marked unconstitutional by the High Court of Bosnia and Herzegovina. The Republic of Kosovo is a state that is not recognised as a UN member. Last year Kosovo applied to be part of UNESCO but the request was declined, partly due to a strong objection of Serbia. Serbia does not recognise the sovereignty of Kosovo, and as such, its failure to be part of UNESCO was claimed as a victory26 for the Serbian cultural heritage. Indeed, Serbia claims many monuments in Kosovo as part of its heritage, such as the Cathedral in Peja (Pec) and several other Orthodox Churches where Serbs of Kosovo go for pilgrimage and celebrations. In various occasions ethnic Albanian citizens have tried to prevent Serbs from visiting these places by force27. These acts are part of the ethnic divisions between Albanian and Serbian groups further fuelled by the extended competence held by municipalities with a Serb majority have to manage cultural sites and promote their culture28. This conflict is taking place alongside the so-called ‘Association/Community of Serb Municipalities’29 project, agreed between governments of Serbia and Kosovo but massively refuted by the Albanian majority of the population30. In both countries, Education proves to be a weak sector31 32 , which affects the cultural life of the citizens of all ethnic groups. In Bosnia and Herzegovina, there exist 13 different Ministries of Education33, namely one for Republika Srpska, one in each autonomous canton of the FBiH (ten in total), one federal coordinative entity in FBiH, and one ministry in the Brcko district. This makes the system even more inefficient regarding the cultural education of citizens belonging to all ethnic groups. The current situation sees the ethnic groups of Bosnia facing hardships in education in their native language if living in a district of administrated by the other ethnic group34. In Kosovo, the Serbian minority has established a system of promotion and education in Serbian for its members. 25. Rebecca Kesby (2012): Who can protect Bosnia’s Cultural Heritage? http://www.bbc.com/news/world-europe-17132141 26. Pavlović & Lončar (2015): To UNESCO or not to UNESCO: Serbian Cultural Heritage in Kosovo between Sovereignty and Protection http://www.suedosteuropa.uni-graz.at/biepag/node/184 27. Serbian Orthodox Church (2016): New Attack on Serbs in Kosovo and Metohija http://www.spc.rs/eng/new_ attacks_serbs_kosovo_and_metohia 28. Cultural Administration in Kosovo: https://portal.cor.europa.eu/divisionpowers/Pages/Kosovo-Culture.aspx 29. Community of Serb Municipalities https://en.wikipedia.org/wiki/Community_of_Serb_Municipalities 30. Fatos Bytyqi (2013): Protesters fight police as Kosovo approves Serbia deal https://www.reuters.com/article/2013/06/27/us-kosovo-protests-idUSBRE95Q0P420130627 31. Education in Bosnia https://christinebednarz.files.wordpress.com/2010/02/bosniaed.doc 32. Rron Gjinovci (2016): Kosovo’s Education System amongst the worst in the World http://prishtinainsight.com/ kosovos-education-system-amongst-worst-world/ 33. Features of Education System in Bosnia: https://ec.europa.eu/epale/en/resource-centre/content/key-features-education-system-bosnia-and-herzegovina 34. Denis Dzidic (2015): Bosnia’s segregated schools maintain educational divide http://www.balkaninsight.com/ en/article/bosnia-s-segregated-schools-maintain-educational-divide
17
Other minorities in Kosovo35 like Ashkali and Roma face difficulties into integrating in the society. Not only do they not have education in their languages36, but are faced with the lack of formal documents of recognition th. Although these minority groups are officially known and have even formed their political parties and have a guaranteed spot in the Kosovo Parliament, there are no visible results into their further integration in Kosovar society. Provision with official documents would allow these groups to develop culturally and socially.
5. Measures in Place The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement37 is the peace agreement signed on December 14th 1995 that ended the war and aimed to promote stability and peace in Bosnia and Herzegovina, torn apart by the ethnic conflict within the country. The Agreement provided the framework for Bosnia to be a fully functioning state and at the same time promote the coexistence of ethnic and religious groups. The European Union through the European External Action Service (EEAS)38 has organised negotiations39 between the Republic of Kosovo and Serbia with the aim of promoting cooperation between the two sides. The negotiations are still ongoing with the latest meeting held in Brussels in MArch 3rd 2018. Included in the negotiations there is an important highlight on the protection and promotion of respective national minority rights. Instruments for Pre–Accession Assistance (IPA)40 is the means by which the European Union supports the candidate countries for integration in the Union. The means of assistance are technical and financial and are granted to official candidate countries and potential ones. Following the public will of both states, the European Union has included Bosnia and Herzegovina and Kosovo in the IPA framework. The fields targeted by the IPA are public administration reform; rule of law; sustainable economy; people and agriculture and rural development.41 To Bosnia there are allocated 164.7 million EUR of funds from IPA projects that include specific voices on social and cultural stability. Kosovo has an allocation of EUR 665.5 million, mostly to be used in projects regarding the 2014–2020 period tackling among others the promotion of minority rights and social stability. In cooperation with actors and institutions of the civil society, the European Union42 has taken part in and funded numerous projects regarding the cultural heritage and cohabitation across ethnic groups in Kosovo. Initiatives like Confidence Building through Cultural Protection43 and Culture for All44 aim to promote non-discrimination, cooperation and inter-community trust between all ethnic and religious groups in Kosovo. These projects are implemented by civil society institutions such as foundations, NGOs, associations and state actors like museums, universities and others.Another impactful initiative has been done by the foundation Cultural Heritage without Borders45 that operates for the preservation of heritage sites in the Western Balkans and has main seats and activities in Bosnia and Herzegovina and Kosovo. In same fashion, the EEAS is leading the Cultural Heritage, Youth and Innovation46 project in Bosnia and Herzegovina. 35. Minority Groups in Kosovo http://minorityrights.org/country/kosovo/ 36. Minority Groups in Kosovo http://minorityrights.org/country/kosovo/ 37. Dayton Peace Agreement https://www.osce.org/bih/126173 38. EU facilitated dialogue Serbia - Kosovo https://eeas.europa.eu/topics/eu-facilitated-dialogue-belgrade-pristina-relations_en 39. EU facilitated dialogue Serbia - Kosovo https://eeas.europa.eu/headquarters/headquarters-homepage/349/ dialogue-between-belgrade-and-pristina_en 40. Instruments of Pre-Accession https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/pdf/leaflets/150928_en_leaflet_ipa2-public-admin.pdf 41. DG NEAR https://ec.europa.eu/neighbourhood-enlargement/instruments/overview_en 42. EU press release on assistance to Kosovo for cultural eritage http://europa.eu/rapid/press-release_IP-173250_en.htm 43. Democratic Governance Project Kosovo http://www.ks.undp.org/content/kosovo/en/home/operations/projects/democratic_governance/confidence-building-through-cultural-protection-in-kosovo.html 44. Culture for All Kosovo http://www.interarts.net/en/encurso.php?p=430 45. Cultural Heritage Without Borders http://chwb.org/kosovo/who-we-are/history/
18
6. What now? Have you read regional news recently? Taking a peep outside our window, we would notice the true reality of the environment we live in. As part of the greater frame outside our borders, youngsters and people in the neighbouring countries deal with issues which one might see as alien. As an Albanian citizen you might be used to religious tolerance and cultural manifestations of all kinds, but imagine if you could not do that inside your own country. Believing that people in Bosnia and Kosovo share the same ideals with European citizens regarding cultural liberty, populations there still have trouble in accessing the cultural and religious liberties we are all used to. Most of the vital issues towards reaching the peaceful cohabitation where cultural independence is granted are managed and discussed in state-level procedures. Yet, the heart of the problem relies on the people and their denial or quest for cultural independence and social stability. Why are Kosovo and Bosnia and Herzegovina still in institutional hardships, directly affecting the social sphere? Also, who is taking care of the improvement of the societal and cultural conditions in these countries? How do they do it and what actions are undertaken? Bare this in mind while questing for answers to why cultural liberty is yet limited in Bosnia and Herzegovina and Kosovo. Does their state have an implication or parallel also in Albania? Links: Bosnia & Herzegovina: Culture for reconciliation. (Video) https://www.youtube.com/watch?v=ho9uxz6OPqw Bosnia and Herzegovina between democracy and multi-ethnic division (Article) http://mediterraneanaffairs.com/bosnia-and-herzegovina-between-democracy-and-multi-ethnic-division/ Kosovo Youth picture Cultural Heritage Protection (Project) https://www.osce.org/kosovo/176401 World Heritage Sites Bosnia and Kosovo https://en.unesco.org/countries/bosnia-and-herzegovina http://whc.unesco.org/en/list/724/
46. EEAS Cultural Project with Bosnian Youth https://eeas.europa.eu/headquarters/headquarters-Homepage/42184/cultural-heritage-youth-and-innovation-reinforce-visibility-bosnia-and-herzegovina%E2%80%99s-cultural_en
19
CULT I
.
COMMITTEE ON CULTURE AND EDUCATION I With almost 20% of the European population aged 15-29, how can the EU guarantee equal access to culture for young people from all socioeconomic backgrounds?
1. Relevance of the topic The UN Universal Declaration of Human Rights (UDHR)1 states in its Article 27 that “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” Therefore the access to culture is understood as the opportunity to benefit from cultural offer. It is an essential right of all citizens but becomes fundamental in the case of those with economic and social challenges such as young people and the elderly, people with disabilities and minority groups. Any discussion of access to culture needs to cover areas such as financial means, public spending, social integration, minority rights, skills and education, geographical and social isolation, cultural rights and freedom of expression. All these have an impact on access to and consumption of culture, and are potential barriers to broad public participation in a rich cultural life. These barriers can be addressed at all levels of governance: local, regional and European, since each level refers to different cultural needs and has a different scope of action. Nevertheless national and/or sub-national levels remain the main actors responsible for cultural policies. The Member States and relevant sub-national authorities are also directly responsible for advancing access to culture in their own territories and policies. The EU policies on the promotion of participation in culture are intended to give everyone equal opportunities to enjoy culture and therefore aim to guarantee better access and wider participation in culture. The EU also faces a new challenge, that of supporting a shift that offers digital access to culture, meaning having access to websites or videos that promote culture, as well as digital culture in general.
2. Key Terms The concept of Culture, according to the UN Educational, Scientific and Cultural Organisation2, is ‘the set of distinctive spiritual, material, intellectual and emotional features of a society or a social group, namely all aspects that elevate humans beyond their purely biological existence’. The digital shift or digital transformation is the application of digital technologies to fundamentally impact all aspects of society. An example for this is Europeana3, a European digital plattform on cultural heritage that offers a multilingual access point to European cultural heritage. European Cultural policies4: With individual EU Member States responsible for their own cultural policies, the role of the European Commission is to help address common challenges, such as the impact of the digital shift, changing models of cultural governance, and the need to support the innovation potential of the cultural and creative sectors. Under regional policy, for instance, the EU supports music schools, concert halls and funds the restoration of historic theatres. Digital culture5: digital technologies and the internet opened new doors for cultural heritage. Citizens now have access to cultural material via the internet for exemple, while the institution can reach out to broader audiences, develop creative and accessible content for leisure and education.
3. Key Actors The Cultural sector6 is estimated to be responsible for over 3% of the EU’s gross domestic 1. United Nations (1948) Universal Declaration of Human Rights http://www.ohchr.org/EN/UDHR/Documents/ UDHR_Translations/eng.pdf 2. UNESCO (2001) Universal Declaration on Cultural Diversity http://unesdoc.unesco.org/images/0012/001246/124687e.pdf#page=67 3. Europeana, EU digital platform for cultural heritage https://www.europeana.eu/portal/en 4. European Commission, European Agenda for Culture https://ec.europa.eu/culture/policy/strategic-framework_ en 5. European Commission, Digital Culture Heritage https://ec.europa.eu/digital-single-market/en/digital-cultural-heritage
21
product and jobs. One of the tasks of the European Commission is to ensure that the cultural sector is able to increasingly contribute to employment and growth across Europe. The European Union supports actions to preserve cultural heritage, and promote cooperation and transnational exchanges between cultural institutions in member states. Specifically, the European Parliament, with its committee on Culture and Education (CULT) and the Council of the European Union with its responsibility over Education, Youth, Culture and Sport, are the main actors in the field. Besides, the European commission’s framework program called “Creative Europe”7 and last but not least EU Agencies such as the Education, Audiovisual and Cultural Agency ( EACEA)8. Member States and sub-national authorities are directly responsible for advancing access to culture in their own territories and policies. The Member States can ask for funds of the EU in order to develop their cultural projects. The European Cultural Foundation (ECF)9 is an independent cultural foundation based in the Netherlands. Its mission is to “make a tangible impact on civil society, citizen initiatives, public opinion and policy proposals to combat the fragmenting forces jeopardising peace and social progress in Europe. European citizens aged 15- 29: the EU aims to support young people’s creativity and innovation through access to and participation in culture, in particular by supporting the development of creativity among young people as well by increasing the access to culture and creative tools.
4. Key Conflicts Access to culture is an essential right of all citizens but becomes fundamental in the case of those with economic and social challenges such as young people and the elderly, people with disabilities and minority groups. Other factors that constitute barriers include a lack of interest, lack of time, lack of information, high costs and lack of choice or poor quality in the given area. The European Union has limited competence in this policy: its prerogatives relate mostly to support for Member States cultural policies, focusing mainly on developing cultural cooperation, safeguarding diversity and heritage, and promoting cross-border initiatives. This becomes a problem especially during economic downturns that often result in cuts in cultural spending and public funding is transferred to other domains that take priority over cultural activities. The Netherlands, one of the richest Member States, was aiming for a 25% cut in spending for cultural purposes in 201310. Besides, there are many differences when it comes to the participation in a range of cultural activities between the Member States. While northern European countries have the highest proportion of very high and high participation indices, countries such as Greece, Portugal and Romania have one of the lowest cultural index scores11. This can be explained by the rise in the prices of almost all types of goods: books, newspapers and periodicals, and cultural services including cinemas, theatres, concerts, museums, libraries. Non- participation can also be linked to educational shortcomings where the education system and curricula do not give sufficient attention to cultural awareness, or allow for school trips to cultural venues.
6. European Commission, Supporting cultural and creative industries https://ec.europa.eu/culture/policy/cultural-creative-industries_en 7. European Commission, Creative Europe https://ec.europa.eu/programmes/creative-europe/ 8. European Commission, Education, Audiovisual and Cultural Executive Agency https://eacea.ec.europa.eu/ homepage_en 9. European Cultural Foundation http://www.culturalfoundation.eu/about-us/ 10. CBS (2013), Municipal cuts on art and culture https://www.cbs.nl/en-gb/news/2013/38/municipal-cuts-onarts-and-culture 11. Eurobarometer (2013), cultural access and participation http://ec.europa.eu/commfrontoffice/publicopinion/ archives/ebs/ebs_399_en.pdf
22
Another problem is that groups at risk of social exclusion do not just lack the financial means to participate, but also face psychological barriers, as some may be afraid of participating in events that they believe to belong to other social or ethnic groups. Therefore there is a need for protecting and promoting cultural diversity, and the right to culture for everyone in our society. Besides, the EU needs to encourage active participation in community cultural life, enable people of all socio-economic backgrounds to participate in policy decisions that affect the quality of our cultures. Last but not least, we need to ensure fair and equitable access to cultural resources and support. The lack of education, support from the different Member States, as well as the financial resources prevent effective participation in culture for youth from different socio-economic backgrounds. Another difficulty is that Member States have been unable to reach consensus on how to make policies about culture at the EU level. Furthermore culture is lagging behind other sectors. These factors tend to mean that national governments cultural policy-making not only lacks innovation, but also that it tends to be a fairly low priority.
5. Measures in Place The European Parliament has approved a number of resolutions and recommendations12 concerning equal access to cultural services and goods regardless of disability, language or ethnicity. When it comes to the work of the European Commission, it has issued communications13 and regulations that aim to improve access to culture for all. Culture as a policy area in its role was officially recognized at European level in 1992. The Maastricht Treaty14 marks a crucial milestone in the process of European development and integration and was undertaken to integrate Europe. It provides the framework for the European Institutions contribution to the ‘flowering of the cultures of the Members States‘ in order to achieve various objectives. Article 12815 mentions respect for cultural diversity, the encouragement of cultural cooperation, support for actions aiming at the improvement of knowledge and the dissemination of culture. Besides, it promotes the conservation and safeguarding of significant European cultural heritage, artistic creation and non-commercial cultural exchange. The Charter of Fundamental Rights of the European Union16 consecrates certain political, social, and economic rights for EU citizens and residents into EU law. In its Article 2217 it specifies that the EU shall respect cultural diversity. The Treaty on the Functioning of the European Union (TFEU)18, which entered into force in December 2009, clarifies the role of the EU and Member States in the cultural policy area. The EU aims to support, coordinate or supplement the action of the Member States in all three aspects of culture: expression, qualifications and consumption. The Treaty forms the detailed basis of EU law, by setting out the scope of the EU’s authority to legislate and the principles of law in those areas where EU law operates. 12. Council of the European Union (2007), Resolution on a European Agenda for Culture http://eur-lex.europa.eu/ legal-content/EN/TXT/PDF/?uri=CELEX:32007G1129(01)&from=EN 13. European Commission, Culture policy https://ec.europa.eu/culture/policy_en 14. The Maastricht Treaty (1992) https://europa.eu/european-union/sites/europaeu/files/docs/body/treaty_on_ european_union_en.pdf 15. Article 128 of the Maastricht Treaty (1992) https://europa.eu/european-union/sites/europaeu/files/docs/ body/treaty_on_european_union_en.pdf 16. European Parliament (2000), Charter of Fundamental Rights of the European Union http://www.europarl.europa.eu/charter/pdf/text_en.pdf 17. Article 22, Cultural,religious and linguistic diversity http://fra.europa.eu/en/charterpedia/article/22-cultural-religious-and-linguistic-diversity 18. The Treaty on the Functioning of the European Union (2007) https://eur-lex.europa.eu/legal-content/EN/TXT/ PDF/?uri=CELEX:12012E/TXT&from=EN
23
The Work Plan for Culture (2015-2018)19, adopted by the Council of the European Union in December 2014, lists as its first priority accessible and inclusive culture, and the promotion of cultural diversity. There are also EU initiatives promoting culture for all such as the European Heritage Days20 that offer Europeans a chance to visit cultural heritage sites all over Europe.
6. What now? What does culture mean to you and how important is it in your daily life ? How do you personally perceive the relationships between citizens, culture, and governments ? Does European Culture exist and if yes, how can we define it ? Research links : European Parliament (2017), Access to culture in the European Union http://www.europarl.europa.eu/RegData/etudes/IDAN/2017/608631/EPRS_IDA(2017)608631_ EN.pdf Commission of the European Communities (2007), European agenda for culture http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007DC0242&from=EN Council of the European Union (2007), Resolution on a European Agenda for Culture http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32007G1129(01)&from=EN European Commission, EU YOUTH STRATEGY https://ec.europa.eu/youth/policy/youth-strategy_en European Commission (2014), Creative watch?v=ntqeJDw0LfE
Europe - EU culture https://www.youtube.com/
European Commission (2014), Creative Europe - What’s in it for me? https://www.youtube. com/watch?v=lk9peYYmcgo M. Magazine (2018), Europe must grow cultural budget,music industry warns https://www.m-magazine.co.uk/news/europe-must-grow-cultural-budget-music-industry-warns/ European Commission (2018), How science and innovation can benefit the European Union http://europa.eu/rapid/press-release_IP-18-2061_en.htm
19. Council of the European Union (2014), Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on a Work Plan for Culture (2015-2018) http://data. consilium.europa.eu/doc/document/ST-16094-2014-INIT/en/pdf 20. European Commission, European Heritage Days https://ec.europa.eu/programmes/creative-europe/actions/ heritage-days_en
24
CULT II
.
COMMITTEE ON CULTURE AND EDUCATION II European Year of Cultural Heritage 2018: Considering the increasing development of globalisation, what steps can be taken to preserve European folk arts and ensure their longevity?
25
1.
Relevance of the topic
Art is one of the most interesting, prevalent and diverse forms that specific cultures can take. For millennia, different societies have perpetuated their traditions of unique songs, dances, clothes, figurative arts, and many more forms. What made them unique was the relative isolation which existed among societies in the world; therefore, the art in these regions was closely related to the territories that primarily produced them, thus inherently reproducing these peoples’ religions, traditions, local customs and even geographical whereabouts. With the advancements of technology, people started to possess more means of communicating with each other, thus bringing these different cultures together. Societies would now behold new perspectives, delivered by the new cultures they came across, which would lead some of them to modifying their lifestyle. Another major merging factor was the important role of Empires. As a few strong European states wandered in the new world, they conquered and assimilated local cultures. That is why people in India drive on the left side of the road, Native Americans wear jeans and Angolans speak Portuguese. After Napoleon’s reforms in education, states started to follow the idea of compulsory and standardised school curricula. People of large countries would now learn the same ideas and principles, all in the same standardised language. This brought the world to another point in history, that of nation-building. Societies were required to merge in order to serve the identity of their nation. Local cultures were convinced into identifying themselves as members of their nations, as opposed to primarily bearing the identity their family, tribe, or region. Today’s globalisation resembles the colonial period described above. Although without the use of territorial conquests, rich modern countries have started to influence the world by providing different types of standards. Their wealth enables them to advertise their cultures, thus “converting” foreign societies. One major aspect of these is definitely arts. Nowadays, although the presence of World Music is still strong, you can easily come to the conclusion that almost all the hits that are topping the world charts at the moment sound relatively the same. Examples such as K-pop in Korea, Black Metal in Norway or Experimental Pop in Iceland prove that a country can actually have “domesticated foreign imports” as its largest cultural export. Such phenomena can become a difficult obstacle for the process of preserving folk arts. For example, the Albanian Iso-Polyphony1 went through a “golden age” during the 20th century communist regime. The artists were often displayed on television and radio, the youth were given classes to master the discipline and the singers would be treated as today’s superstars. When democracy came to Albania, it brought with it a strong wave of globalisation in the country. People would now be interested in the “new stuff” and since most of these elements came from more developed countries, it was taken for granted that things such as arts were “better” when coming from abroad. Slowly but steadily, the Albanian media and arts soon shifted towards resembling those of foreign cultures and a standard based on the foreign activities was set. The Iso-Polyphonic artists who were once considered stars later became inexistent to the mass media, mostly continuing their activity to please their local communities and to inspire a new generation of folk artists.
2.
Key Terms
Globalisation is the integration of economies, industries, markets, cultures and policy-making around the world. Culture is the set of behaviours and beliefs which are characteristic of a particular social, ethnic, or age group.
1. UNESCO (2004), Albanian Iso Polyphony http://www.unesco.org/archives/multimedia/?pg=33&s=films_details&id=610
26
Folk art is an artistic expression of the world’s traditional cultures. Cultural Heritage is the legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and preserved for the benefit of future generations. Tradition is a belief or behaviour passed down within a group or society with symbolic meaning or special significance with origins in the past.
3.
Key Actors
The European Commission2 is an institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. It supports cultural heritage through several programmes. National governments of Member States are the primary policy-makers responsible for arts and culture on their territory. The European Association of Folklore Festivals (EAFF)2 has been established in year 2007 in the ancient capital of Bulgaria – Veliko Tarnovo. Its main purpose is to preserve, develop and make popular the folklore of the different European nations by organizing festivals and using the modern television, computer and other information technologies. was created in order for there to be an institution which could efficiently organise folk festivals and also make the link between the folk art and its audience. The Education, Audiovisual and Culture Executive Agency or EACEA4 is an agency of the European Union located in Brussels, Belgium. It manages parts of the Union’s programs in education, culture, and audiovisual fields. The United Nations Educational, Scientific and Cultural Organisation (UNESCO)5 is a branch of the United Nations responsible for the promotion and preservation of Culture. In 2018, it is a major partner of the European Union in celebrating the European Year of Cultural Heritage.
4.
Key Conflicts
With folk arts becoming less and less present in today’s relatively globalised world, they have lost a lot of ground in their battle against global trends. Some say that this process should be embraced while others think that this cultural element should be supported and protected. However, those who believe that traditional arts should be preserved have to face a wide variety of factors undermining the industry’s potential to attract interest. First of all, the folk arts industry has become less productive in economic terms, thus resulting in the conclusion that there is not a lot of money to be made in this business. This perception has a lot of consequences in terms of people not choosing to pursue a career in this field and it also makes a lot of investors sceptical in if they really want to invest in this industry or not. As mentioned in the introduction, today’s old generation of folk artists are contributing mainly to their communities while also finding a few interested outsiders here and there. Due to this situation, most of these artists are forced into working in other fields in order to generate their incomes thus putting their artistic practices to lower priority tiers. In addition to that, a lot of young people decide not to pursue a career in folk arts since they do not see the necessary economic benefits in it. It is important to note that a culture cannot preserve its traditional 2. The European Commission https://europa.eu/european-union/about-eu/institutions-bodies/european-commission_en 3. The European Association of Folklore Festivals (EAFF) https://eaff.eu/en 4. European Commission, The Education, Audiovisual and Culture Executive Agency (EACEA) https://eacea.ec.europa.eu/homepage_en 5. UNESCO (2018), European Year of Cultural Heritage http://www.unesco.org/new/en/brussels/eych-2018/
27
traits if they are not able to inflict these elements in the life of their young people. Moreover, investors in the field of arts find it hard to invest in these activities. The reasons range from these products being expensive due to most of them being artisanal to the output being alien to new generations such as the case with folk music. For these reasons, most of these products have only found a small group of fans who may be nostalgic, artists or elites who do not mind the general high prices. Appreciating folk arts nowadays is seen as something for the elites. The perception of this cultural element has changed from being that which the common people identified themselves with to something somewhat alien which one needs a lot of time and resources to attain.
5.
Measures in Place
The Convention for the Safeguarding of the Intangible Cultural Heritage6 is a UN treaty adopted in 2003. The goal of this convention is to protect, respect and spread cultural heritages all over the globe. Creative Europe7 is a European Union Programme which aims to help the creative and cultural sectors for the years 2014 to 2020. With a budget of â‚Ź1.46 billion, the programme strives for preserving European cultural heritage while also creating healthy competition in the creative sectors. The European Year of Cultural Heritage8 is a programme set up by the European Commission to enable people to become closer to and more involved with their cultural heritage. It focuses on four aspects of cultural heritage, namely tangible, intangible, natural, and digital.
6.
What now?
Taking into consideration the previously delivered context, there are a lot of issues concerning this topic which need answers. Firstly, how can European people make traditional culture popular, if they see this process as important for keeping the discipline alive? What kind of incentives can be effective in helping folk artists pursue their passion and tradition? Should the movement for reviving folk arts start from large International Organisations or should it spark from local policies? Moreover, are there any ways to appeal and convince businesses to support this form of arts? With the globalisation effect being so strong today, there is a need for important steps to be taken fast and efficiently. These steps could help folk arts economically, educationally or even by delivering the right amount of appreciation toward these cultures. Culture is important and although its elements may vary in terms of relevance, they all deserve the same amount of respect since cultures would be inexistent without any of their elements. The whole issue now stands on how this problem will be taken care of and also on who will be the ones to take action against it. Will these actions be effective and do they ensure that they will solve this conflict before it too late? The World Intellectual Property Organisation (WIPO, 2012), Folk Art and the Opportunities of the Modern World http://www.wipo.int/ipadvantage/en/details.jsp?id=3495 Chapell Allison (Etsy Journal, 2012), The Problem With Folk Art https://blog.etsy.com/en/theproblem-with-folk-art/ Art Weekendrers (2015), Do Folklore and Folk Art Have a Place in Modern Society? http://blog. artweekenders.com/2015/07/06/folklore-folk-art-in-modern-society/ 6. UNESCO (2003), Convention for the Safeguarding of the Intangible Cultural Heritage https://ich.unesco.org/en/ convention 7. European Commission, Creative Europe https://ec.europa.eu/programmes/creative-europe/ 8. European Commission (2018), European Year of Cultural Heritage https://europa.eu/cultural-heritage/
28
.
FEMM
COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY With the underrepresentation of women in the field of arts, how can the EU and Member States bridge this gender gap and guarantee equal access to such professions?
1. Relevance of the topic Living in the era of many famous female performers in the music industry might lead us to a confusing perception of the issue at hand. How relevant do we find the problem of underrepresentation? Does Europe alarmingly lack the voices and creativeness of female artists? A simple measurement of statistics can provide a clear observation of the ongoing issue. Research by organisations such as Elf and UK Feminista shows that in 2016, 63% of undergraduates that studied creative arts and design subjects were female, and in contrast, only 29% of artists represented by London’s major galleries were female. Among the UK’s most popular public artworks created since 2000, only 13% were by women, and the recently listed postwar public art sculptures, just 17%1. Affirmatively, yes, female artists are still underrepresented in the art world, despite outnumbering men in art school. They still lack support on a professional level. In order to understand why women have been underrepresented in art history, we need to look beyond their specific political and ideological issues. Society still segregates women from men by labelling them “female artists.” A true division is created when art is categorised by gender. History shows that little has been done to address the gender imbalance in female representation in the press, galleries, permanent collection, and museum exhibitions. The truth is that the belief that women are inferior artists still exists in the minds of many who make major decisions. A well-known german painter, Hans Hoffman has recently made a statement upon Lee Krasner’s painting, emphasising the ‘’female artist’’ stereotype. “This is so good you wouldn’t know it was done by a woman”. This is not the type of attitude that influential men in the art should have. As shown in the latest research of the European Commission, even if women represent 51.2% of the total population, and 52.1% of the people in working age, women are clearly overrepresented in the group that is excluded from the labour market (71.7%) and underrepresented in formal employment (41.1%)2. Feminist historians argue that art is a language of forms that are shifted into a hierarchy of value – and that it is these fundamental systems that need to be challenged. The cultural conditions that have formed in time, the people who are in charge of the art market, and the systems that we have created and continue to support and idealise, have formed this climate. But we are responsible for questioning the cultural conditions that are being put in front of us. Many leading organisations do not shy away from the issue, despite its complexity. ‘Museums ought to question dominant established narratives,’ says Álvaro Rodríguez Fominaya, curator at the Guggenheim Museum in Bilbao. ‘Art institutions can have a great impact in the struggle for gender equality, and the result of this research should be reflected in its programming.’ Women’s bodies, particularly the female nude, have been used by male artists to make statements about beauty and ways of seeing the world. While less than 5% of the artists in the European exhibitions of Modern Art Sections are women, 85% of the nudes are female.3 It is not just a matter of representation but also of empowerment. Women face gatekeeping systems that can either open or close off opportunities for them to advance in their artistic Art is for everyone. Women artists should be able to express themselves artistically anywhere, without fear of reprisal or bans. Societies have a responsibility to combat social and cultural biases that prevent women and girls from becoming artists in the first place. It is equally important that women’s right to access culture is respected worldwide4. 1. Neighbourhood, (2017): Arts and culture: http://www.neighbourhood.tv/women-still-underrepresented-art-world/ 2. Norway grants, (2016): Empowering women in Europe: https://eeagrants.org/News/2016/Empowering-women-in-Europe 3. National museum of women in arts, (2007): Get the facts: https://nmwa.org/advocate/get-facts
30
2. Key Terms A gender gap is a disproportionate difference or disparity between the sexes. In the workplace, gender gaps refer to job opportunities and salary differences. Gender equality is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender. Women’s empowerment is the process in which women expand and recreate what it is that they can be, do, and accomplish in a circumstance that they previously were denied. A glass ceiling is an intangible barrier within a hierarchy that prevents women or minorities from obtaining upper-level positions.
3. Key Actors The United Nations Educational, Scientific and Cultural Organisation (UNESCO)5 has sought to strengthen its efforts to express a focus on motivating girls to pursue their desired careers with the following plans: Global Partnership for Girls’ and Women’s Education: Better Life, Better Future”, Priority Gender Equality Action Plan (GEAP II) and its Operational Strategy on Youth for 2014-2021. The European Commission6 firmly supports gender equality and empowerment of women worldwide, working towards the removal of the obstacles such as legislation, social norms and gender stereotypes to ensure that we give voice and participation to increase girls’ and women’s agency in social, economic, political and civil life. Over the years the Guerrilla Girls, an anonymous artist collective, devote their time to fighting sexism within the art industry. One of their most famous posters, Do Women Have To Be Naked To Get Into the Met. Museum?, brought gender and inequality to the forefront within the greater arts community. Freemuse7 is an organization defending artistic freedom, which warns of the emergence of a new global culture of silencing others, where artistic expression is being shut down in every corner of the globe, including in the traditionally democratic West.
4. Key Conflicts Despite the advances of women on several levels, there remains a lack of proper employment equality when it comes to participation in the workplace, as well as occupational segregation, income inequality, unsafe conditions and low participation in decision-making roles. Such problems remain the same in positions of influence and power and the distribution of non-re
4. UNESCO, (2017): Art under threat: https://en.unesco.org/creativity/sites/creativity/files/freemuse-annual-statistics-art-under-threat-2016.pdf 5. Britannica, (2017): UNESCO: https://www.britannica.com/topic/UNESCO 6. European Commission (2017): Gender equality: https://ec.europa.eu/europeaid/sectors/human-rights-and-governance/gender_en 7. Freemuse (2018): The state of artistic freedom: https://freemuse.org/resources/item/state-artistic-freedom-2018/
31
munerated time that men and women dedicate to the care of family. The lack of economic independence and empowerment of women plays an essential role in underrepresentation percentages. There is a lack of equal treatment legislation, gender mainstreaming, integration of the gender perspective into all other policies and specific measures for the advancement of women. The majority of women artists are invisible to the public eye. They are oftentimes denied exhibitions and gallery representation based on the sole fact of their gender. As an example, Mathilde Grafström’s ‘Female Beauty’ exhibition in 2015 has been closed down by police, because it featured photos of naked women. Women in art have been faced with challenges due to gender biases in the mainstream fine art world. They have often encountered difficulties in training, travelling and trading their work, as well as gaining recognition. Stereotypes and differences between genders are created when the population is not well educated and well informed about the legislation, unbalanced statistics and inequality. Cultural biases are creating glass ceilings for females, making their work perceived as less valuable. As a result, inequality in occupations is taking new forms and, despite their investment in education, young women are still twice as likely as young men to be economically inactive. Institutional changes are not promoting change to remove the barriers towards gender equality. Women also represent the biggest untapped source of entrepreneurial potential, by only 29%.
5. Measures in Place UNESCO’s 2005 Convention for the Protection and Promotion of the Diversity of Cultural Expressions8 is an efficient and compelling policy tool for ensuring freedom of creation and diversity in the arts. The Convention, in particular, encourages governments to support freedom of expression and freedom of movement for artists and cultural professionals, as well as their economic and social rights. Based on human rights and fundamental freedoms, the 2005 Convention ultimately provides a new framework for informed, transparent and participatory systems of governance for culture. The EU Charter of Fundamental Rights states in Article 23 that “Equality between women and men must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.” The EU’s Strategic Engagement for Gender Equality 2016-20199 states that promoting gender equality is a core activity for the EU: equality between women and men is a fundamental EU value, an EU objective and a driver for economic growth. The Union shall aim to promote equality between men and women in all its activities. The Commission’s 2010-2015 strategy for equality between women and men prioritised five key areas for action, namely equal economic independence for women and men; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence; and promoting gender equality beyond the EU. The UN’s 2030 Agenda for Sustainable Development10 emphasises equal access to quality education, economic resources and political participation as well as equal opportunities with men and boys for employment, leadership and decision-making at all levels. It sets out to work for a significant increase in investments to close the gender gap and strengthen support for institutions in relation to gender equality and the empowerment of women at the global, regional and national levels. It aims to eliminate all forms of discrimination and violence against women and girls, including through the engagement of men and boys. 8. UNESCO, (2005): Convention: https://en.unesco.org/creativity/convention 9. European Commission, (2015): Strategic engagement: https://ec.europa.eu/anti-trafficking/eu-policy/strategic-engagement-gender-equality-2016-2019_en 10. United Nations, (2018): Sustainable development: https://sustainabledevelopment.un.org/post2015/transformingourworld
32
6. What now? ‘’Considering women take up half of the population, it’s still shocking to see that we are still so underrepresented in the art industry, well, most industries for that matter.’’ -Guerrilla Girls11 What kind of future are we building for our female generation? Are they fairly represented and are their creations taken in account equally as male ones? The lack of freedom of expression is directly related to an absence of a fundamental human right. Let’s move together to help our girls, our generations, ourselves! - How can we promote gender equality and women’s rights across the world, emphasizing their representation in art? - How can we reduce the cultural gap between genders, including stereotypes, unequal pay ment and social barriers? - What measures would you take, to make your creativity recognized in the eyes of the world? Links for further research: https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/strategic_engagement_for_gender_equality_en.pdf https://www.khanacademy.org/humanities/art-history-basics/tools-understanding-art/a/abrief-history-of-women-in-art https://women-s.net/womens-empowerment-art-paintings-artists/
33
ITRE
.
COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY With Cultural and Creative Industries (CCIs) employing over 3 million Europeans and producing over 3% of the EU’s total GDP, how can the EU promote and invest in CCIs, whilst taking into account the constant adjustments required by the digital evolution?
34
1.
Relevance of the topic
In a world of constant change and globalisation, it is of extreme importance to make sure culture is kept alive, may it be through theatre, films, museums, monuments or music. Cultural and creative industries (CCIs) are traditionally located in cities where they benefit from a favourable work environment and stimulate local development while significantly shaping the image of the region and improving quality of life and city attractiveness1. Even though they are also major employers, with more than 12 million people in Europe in 20162 working in this sector (more than the population of Ireland and Greece put together)3 and boosters of the Economy, estimated to be responsible for over 3% of the European Union’s gross domestic product (GDP), these industries are still undervalued and unrecognised especially in terms of their ability to access funding. The lack of information on this sector due to the varying definitions and categorisations and the inability to create clear and complete statistics and data in most countries makes it difficult to invest in this field4. CCIs do not only play a major role in equipping European citizens with creative, entrepreneurial and intercultural skills, support and promote intercultural dialogue but are also driving the new economy5. They incentivise sustainable competition, while culture promotes the preservation of heritage and boosts tourism, especially in urban areas6. This cultural heritage makes our cities attractive and contributes to Europe’s competitive edge. Moreover, the creative skills promoted by these industries have the potential to impact positively on the whole economy, stimulating innovation, not just in the cultural sector, but in all industries and services7.
2.
Key Terms
Cultural and Creative Industries are a part of the modern economy where culture is produced and distributed through industrial means, applying the creativity of individuals and groups to the generation of original cultural product, which may have commercial value either through direct sale to consumers or as intellectual property. They typically bring together the arts, media, and design sectors, with a focus upon convergent digital technologies and the challenges and opportunities of globalisation8. Gross domestic product (GDP) is the total value of goods produced and services provided in a country during one year9. Intellectual Property refers to creations of the mind. These creations can take many different forms, such as artistic expressions, signs, symbols and names used in commerce, designs and inventions. 1. Eurocities, Culture & Creativity http://www.eurocities.eu/eurocities/issues/culture-creativity-issue&newsstart=11&newscount=10&contentURL=culture-creativity-issue 2. European Commission (2018), Textiles, Fashion and Creative industries https://ec.europa.eu/growth/sectors/ fashion_sk 3. Henrik van der Pol (UNESCO), Key role of cultural and creative industries in the economy http://www.oecd.org/ site/worldforum06/38703999.pdf 4. European Commission, Supporting Cultural and Creative Industries https://ec.europa.eu/culture/policy/cultural-creative-industries_en 5. European Commission (2010), Unlocking the potential of cultural and crative industries https://www.hhs.se/ contentassets/3776a2d6d61c4058ad564713cc554992/greenpaper_creative_industries_en.pdf 6. Eurocities, Culture & Creativity http://www.eurocities.eu/eurocities/issues/culture-creativity-issue&newsstart=11&newscount=10&contentURL=culture-creativity-issue 7. Van der Pol, Henrik (UNESCO), Key role of cultural and creative industries in the economy http://www.oecd.org/ site/worldforum06/38703999.pdf 8. Flew, Terry (Oxford Bibliographies, 2017), Cultural and Creative Industries http://www.oxfordbibliographies. com/view/document/obo-9780199756841/obo-9780199756841-0188.xml 9. Oxford Living Dictionaries (2018), Gross Domestic Product https://en.oxforddictionaries.com/definition/gross_ domestic_product
35
3.
Key Actors
The European Commission10 has the role to ensure that the culture sector is able to contribute to the increase employment and growth across Europe which involves the provision of direct financial and technical support. Eurocities11 is a network that includes over 140 of Europe’s largest cities across 39 countries and influence and work with the EU institutions to respond to common issues that affect the day-to-day lives of Europeans. Member States and local governments can help develop CCIs through partnerships with education or financial investments. The United Nations Industry Development Organisation (UNIDO)12 is a specialised UN agency whose goal is to promote and accelerate inclusive and sustainable industrial development (ISID) in its Member States.
4.
Key Conflicts
Measuring the impact Culture has on the Economy is an extremely complex process. The International Standard Classification by Occupations (ISCO) currently does not provide the level of detail required to identify cultural occupations in a truly comprehensive manner. Furthermore, some countries do not include certain activities such as gambling and casinos as cultural activities whereas, for example, MERCOSUR13 countries do. Adding to all of this there is a widespread lack of resources and expertise to ensure high quality statistical work since it is not a top priority in most countries14. All of these factors put together make it extremely difficult for trustworthy data to be created and most of the existing data ends up being either incomplete or unclear. With unclear and incomplete data, funding is close to impossible to find. If the economic value of culture was clearer and more appreciated, people would be willing to invest in culture, whether they be public agencies or private companies who recognize the real returns that culture provides15. Also, CCI’s are mainly present at a local and regional level, being unable to develop themselves due to lack of funding also making them unable to take the most of the opportunities offered by cultural diversity, globalization and digitization. The mobility of artists, cultural practitioners and works, which is essential for the circulation of ideas across linguistic or national borders and to give to all a wider access to cultural diversity while promoting culture and showing its economic value also faces some serious obstacles such as visa regulations16. The mobility of such industries would allow for a better cultural exchange as well as support intercultural dialogue. Intellectual property refers to creations of the mind such as inventions, literary and artistic works, designs and symbols, names and images used in commerce17. Some of the intellectual property, such as a choreography, is extremely complicated to pattern, making it difficult for companies to profit from some of their own creations. 10. European Commission, Jobs, growth and investment: Stimulating investment and creating jobs https://ec.europa.eu/commission/priorities/jobs-growth-and-investment_en 11. Eurocities, About Eurocities http://www.eurocities.eu/eurocities/about_us 12. The United Nations Industry Development Organisation (UNIDO), Cultural and Creative Industries https:// www.unido.org/our-focus/advancing-economic-competitiveness/supporting-small-and-medium-industry-clusters/cultural-and-creative-industries 13. Wikipedia, Mercosur https://en.wikipedia.org/wiki/Mercosur 14. Henrik van der Pol (UNESCO), Key role of cultural and creative industries in the economy http://www.oecd. org/site/worldforum06/38703999.pdf 15. Henrik van der Pol (UNESCO), Key role of cultural and creative industries in the economy http://www.oecd. org/site/worldforum06/38703999.pdf 16. European Commission (2010), Unlocking the potential of cultural and crative industries https://www.hhs.se/ contentassets/3776a2d6d61c4058ad564713cc554992/greenpaper_creative_industries_en.pdf
36
The current-going digital evolution also plays a sometimes-negative part when it comes to CCI’s. Even though the digital evolution might help these industries in certain ways, such as the promotion of such industries through social media, it can also be very harmful. Considering the access we have to electronic devices connected to the internet, it has never been easier to take someone else’s Intellectual Property and claiming it, selling it or simply take it as your own. Taking a screenshot of a poem or page of a book, illegally downloading videos and music, copy and use a specific graphic design in your own work are all forms of taking advantage of the Intellectual Property of another person and benefit from it at a zero cost.
5.
Measures in Place
The Europe 2020 strategy18 adopter in 2010 has three main goals: smart growth; sustainable growth; inclusive growth. It also aims at increasing the current rate of employment of the population aged 20-64 from the current 69% to, at least, 75%. The EU funded project Development of Clusters in Cultural and Creative Industries in the Southern Mediterranean19 implemented by UNIDO in 2013 that has various goals such as to strengthen support institutions for CCI’s, create linkages with international buyers, local suppliers and financial institutions, develop capacity-building activities, modernization and expansion for the development of new products and partnerships and devise plans for national governments to facilitate the replication of these activities. The European Commission has done a variety of actions and initiatives such as the Creative European Programme20, a pilot project on the economy of cultural diversity and the publication of a Green Paper on the potential of cultural and creative industries that aims to start a debate on the requirements of a stimulating and creative environment for CCI’s. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)21 of 1994 plays a critical role in facilitating trade in knowledge and creativity, in resolving trade disputes over intellectual property, and in assuring WTO members the latitude to achieve their domestic objectives. It establishes minimum standards of protection and enforcement that each government has to give to the intellectual property held by nationals of fellow WTO members22.
6.
What now?
The main problem that Cultural and Creative Industries face is the lack of information. May this information be about what is categorised as a cultural activity or the impact culture truly has in the economy which lead to a lack of funding in this sector. With poor funding these local industries are unable to develop themselves and therefore unable to show the potential and change they can do in the world.
17. World Intellectual Property Organisation (WIPO), What is Intellectual Property? http://www.wipo.int/about-ip/ en/ 18. European Commission (2010), EUROPE 2020 : A European strategy for smart, sustainable and inclusive growth http://ec.europa.eu/eu2020/pdf/COMPLET%20EN%20BARROSO%20%20%20007%20-%20Europe%20 2020%20-%20EN%20version.pdf 19. United Nations Industria Development Organisation (UNIDO), Development of Clusters in Cultural and Creative Industries in the Southern Mediterranean https://www.unido.org/sites/default/files/2015-02/CCI_fact_ sheet_in_English_0.pdf 20. European Commission, Supporting cultural and creative industries https://ec.europa.eu/culture/policy/cultural-creative-industries_en 21. WTO (1994), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) http:// www.wipo.int/wipolex/en/other_treaties/text.jsp?file_id=305736 22. WTO, Intellectual property: protection and enforcement https://www.wto.org/english/thewto_e/whatis_e/ tif_e/agrm7_e.htm
37
How is it possible to invest in CCI’s if there is no trustworthy information? How is it possible for trustworthy information to exist if there is no monetary investment? How is it possible to make sure the digital evolution is used only, or at least mainly, in the benefit of CCI’s? Further Links: European Commission, Supporting cultural and creative industries https://ec.europa.eu/culture/policy/cultural-creative-industries_en Culture for Cities and Regions, Cultural and creative industries as motor for urban regeneration and economic vitality http://www.cultureforcitiesandregions.eu/culture/project/activities/ cultural_and_creative_industries
38
.
JURI
COMMITTEE ON LEGAL AFFAIRS
With repeated attacks on legal institutions of liberal democracy by high-ranking state officials, how can the EU ensure respect for the rule of law in Central and Eastern European countries?
1.
Relevance of the topic “The European Union is built on common values enshrined in the treaties. Making sure the rule of law is observed is a collective responsibility of all EU institutions and all Member States.” - Frans Timmermans, Vice-President of the European Commission.
There have been worrying interferences with the independence of the judiciary and the administration of justice in some Central and Eastern European (CEE) countries such as Bulgaria, Romania and most notably, Hungary and Poland in recent times. High-ranking state officials have tried to use their majorities in parliament to enact constitutional changes that strengthen their grip on power and seriously go against the rule of law1. This increasingly authoritarian behaviour of political leaders from certain CEE countries fundamentally go against the EU’s core values of democracy and the rule of law, resulting in a build up of tension between those countries concerned and the European Union (EU). So why does the rule of law matter so much? Respect for the rule of law creates an investment-friendly environment, reduces corruption, and protects all people from injustices large and small, enabling a country’s citizens, state institutions and the economy as a whole to function more efficiently and productively. An effective judicial system is needed to safeguard the rule of law and hold those in power to account. As some CEE countries seem to have regressed from consolidated democracies to semi-authoritarian and diminished democratic regimes, should the EU play a more active role in the protection of liberal democratic practices in Member States? If so, what steps could the EU take to ensure respect for the rule of law in CEE countries?
2.
Key Terms
Legal institutions refer to the distinct entities that govern specific forms of social action within the overall legal system. They are often organisations that have been established by states and exercise public power, such as the Courts of Justice for example. Liberal democracy is characterised by fair, free and competitive elections between multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society and the equal protection of human rights, civil rights, civil liberties and political freedoms for all people. They usually have universal suffrage, granting all adult citizens the right to vote regardless of race, gender or property ownership. An official is someone who holds an office in an organisation or government, through either election, appointment, selection, or employment, and participates in the exercise of authority. The Rule of law refers to the principle that everyone is totally equal before the law. It requires all three main branches of government; the executive (government officials), legislative (the Parliament) and judicial (the courts), to exercise their power in accordance with well-established and clearly written laws2. Democratic backsliding refers to the serious weakening or gradual elimination of existing institutions that sustain a democracy.
1. Human Rights Watch (2017): Eroding Checks and Balances: https://www.hrw.org/report/2017/10/24/eroding-checks-and-balances/rule-law-and-human-rights-under-attack-poland 2. World Justice Project (2018), What is the Rule of Law? https://worldjusticeproject.org/about-us/overview/ what-rule-law
40
3.
Key Actors
The governments of certain CEE countries and their political leaders who have tried to make constitutional changes to strengthen their own grip on power are the main source of the problem. Key examples of this are found in Hungary and Poland with Viktor Orbán and the Polish Law and Justice (Pis) party, respectively. Since being elected and coming to power, they have both attacked the powers of their country’s Constitutional Courts with measures undermining their independence and curtailing their ability to act as a check and balance on governmental abuse of power3. On the whole, this has led to the gradual erosion of legal institutions that are crucial to upholding liberal democratic standards in those countries. Political Figureheads from the European Parliament and the European Commission such as the EU Justice Commissioner and the European Parliament President, can react swiftly by condemning the democratic breaches in CEE Member States and call for a quick reversal of these changes. The European Commission is considered as the official “guardian of the European treaties”4 and assesses whether a Member States’ actions go against the rule of law, a basic European value enshrined in Article 2 of the Treaty of the European Union (TEU)5. The President of the European Commission has been known to react to breaches in the rule of law by demanding the government in question to follow a set of conditions that restore democratic practices in the concerned country, otherwise more serious EU-coordinated measures would follow6. The European Council, the group of EU Member State governments, can take preventative measures whenever there is an identified risk of an EU country breaching fundamental EU values, such as the rule of law. When a “serious and persistent breach”7 of EU Values has been identified, the European Council can then vote to take stricter action and suspend membership rights of the Member State concerned. The Council of Europe is an international organisation whose stated aim is to uphold human rights, democracy and the rule of law in Europe. It includes 47 member states, 28 of which are members of the European Union8. The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law whose role is to provide legal advice to Member States and help bring their legal and institutional structures into line with European standards, particularly regarding the rule of law9. 3. EU BlogActiv (2017), The EU’s rule of law crisis http://guests.blogactiv.eu/2017/10/27/the-eus-rule-of-law-crisis/ 4. Foreign Policy (2017), If You’re Not a Democracy, You’re Not European Anymore http://foreignpolicy. com/2017/12/22/if-youre-not-a-democracy-youre-not-european-anymore/ 5. The Lisbon Treaty (2013), Article 2 http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-1-common-provisions/2-article-2.html 6. Ingi Iusmen (2015), EU Leverage and Democratic Backsliding in Central and Eastern Europe: the Case of Romania https://onlinelibrary.wiley.com/doi/full/10.1111/jcms.12193 7. The Lisbon Treaty (2013), Article 7 http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-1-common-provisions/7-article-7.html 8. Council of Europe Portal, Who we are: https://www.coe.int/en/web/about-us/who-we-are 9. Council of Europe (2018), The Venice Commission http://www.venice.coe.int/WebForms/pages/?p=01_Presentation
41
The World Justice Project (WJP)10 is an independent, multidisciplinary organisation that annually produces a Rule of Law Index measuring 113 countries’ adherence to the rule of law. For the 2017-2018 Report, Hungary and Bulgaria were the two lowest performers in the EU category, respectively holding a global ranking of 50th and 55th place out of 113 countries worldwide11. Media and civil society organisations act as channels to report cases of democratic backsliding in Member States. Their output can change public opinion and influence political discourse. However, media outlets and non-governmental organisations in CEE countries tend not to be as well-established and respected than those in Western countries12, which means their ability to significantly influence the public mood and challenge the government-imposed status quo in most CEE countries is limited.
4.
Key Conflicts
A fundamental clash of values and interests between the desire of certain CEE countries’ leaders to consolidate their hold on power and the EU’s attempt to uphold democracy is at the core of this topic. The CEE countries’ background as former socialist states coupled with their comparatively recent accession to the EU in 200413 means the very values of democracy and the rule of law are not as well established as those in Western countries. The structures needed to defend and sustain a healthy liberal democracy are therefore weak and underdeveloped in CEE countries with the courts, media and human rights organisations lacking the same long tradition of independence and professionalism as those in the West. This leaves legal institutions vulnerable to attacks by high-ranking state officials since the mechanisms to prevent authoritarian measures from being taken can easily be overridden by the concerned political leaders. If the EU is to play a more active role in the protection of liberal democratic values and institutions in Member States, various obstacles exist that prevent it from practically achieving that goal. At the moment, the EU lacks the actual capacity to establish a kind of supranational militant democracy since both appropriate legal instruments and plausible political strategies are missing. For instance, unanimity is required amongst EU heads of state for the European Council to determine the existence of a breach of the rule of law. Since Hungary and Poland both face pressure from the EU for the authoritarian measures their governments have taken, they would protect each other and veto any of the EU’s attempts to officially condemn either of them, therefore limiting the European Council’s ability to enact meaningful change. Another potential risk is that EU interventions to safeguard liberal democracy may provoke a nationalist backlash in the Member States concerned. Attempts by the EU to put pressure on the countries’ high-ranking state officials responsible for undermining the rule of law can easily be perceived as the EU meddling in the internal affairs of a sovereign state and undermining the authority of a ‘democratically elected’ government. When the European Commission condemned the Polish government for seeking to make changes to its constitutional court in order to grant itself more powers in 2016, the Polish government reacted furiously to the move and accused Brussels of blackmailing Poland in an attempt to force the country to take more Syrian refugees14. In this way, the EU faces a dilemma between trying to actively do something to change the rule of law situation in countries without triggering a volatile backlash against their actions. 10. World Justice Project (WJP) (2018), WJP Rule of Law Index 2017-2018 https://worldjusticeproject.org/ourwork/wjp-rule-law-index/wjp-rule-law-index-2017–2018 11. World Justice Project (WJP) (2018), WJP Rule of Law Index 2017-2018 Report https://worldjusticeproject.org/ our-work/publications/rule-law-index-reports/wjp-rule-law-index-2017-2018-report 12. Bojan Bugaric (2015), A crisis of constitutional democracy in post-Communist Europe https://academic.oup. com/icon/article/13/1/219/689918 13. European Commission (2018), From 6 to 28 members https://ec.europa.eu/neighbourhood-enlargement/policy/from-6-to-28-members_en 14. The Guardian (2016), Poland gets official warning from EU over constitutional court changes https://www. theguardian.com/world/2016/jun/01/poland-gets-official-warning-from-eu-over-constitutional-court-changes
42
However, if the citizens of that country, who placed their trust in the Union to act as some sort of guarantor against authoritarian practices, see that the EU is reluctant to intervene and protect liberal democracy in a Member State, they too may grow disillusioned and turn against the EU out of a sense of betrayal.
5.
Measures in Place
The Treaty on European Union (TEU)15 forms the basis of EU law and sets out the general principles of the EU that Member States must follow. Article 2 of the TEU16 states that the EU is “founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights.” Any instances of high-ranking state officials attacking the integrity of their country’s democratically functioning legal institutions is therefore considered unconstitutional in EU law. In a crisis, the Commission can trigger the EU Rule of Law Framework17 to address systemic threats to rule of law in EU countries. The aim of this framework is to prevent emerging threats to the rule of law to escalate to the point where the Commission has to trigger the mechanisms of Article 7 of the TEU. This process is done through dialogue with the Member State concerned and follows a three-stage process; • Commission assessment • Commission recommendation • Monitoring of the EU country’s follow-up to the Commission’s recommendation If no solution is found within the rule of law framework, Article 7 of the TEU18 is the last resort to resolve a crisis and to ensure the Member State complies with EU values. Article 7 of the TEU provides for special mechanisms to suspend certain rights from a Member State if they are found to persistently breach the EU’s founding values such as respect for freedom, democracy and the rule of law, as outlined in Article 2 of the TEU. The European Council can vote to suspend any rights of membership of the Member State in question, such as voting and representation. The Council may then subsequently decide to vary or revoke the measures taken if the situation which led to their being imposed starts to improve. The European Commission’s Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania19 is a transitional measure that was set up when the two countries joined the EU in 2007 in order to remedy their shortcomings in the fields of judicial reform, corruption and organised crime. The CVM helps Bulgaria and Romania to develop the effective administrative and judicial systems needed to deliver on the obligations of EU membership and ensure the correct application of EU laws, policies and programmes. The Commission publishes reports on the two countries on a regular basis to assess progress and provide recommendations 15. Europa (2018), EU Treaties https://europa.eu/european-union/law/treaties_en 16. The Lisbon Treaty (2013), Article 2 http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-1-common-provisions/2-article-2.html 17. European Commission (2018), Rule of Law Framework https://ec.europa.eu/info/strategy/justice-and-fundamental-rights/effective-justice/rule-law/rule-law-framework_en 18. The Lisbon Treaty (2013), Article 7 http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-1-common-provisions/7-article-7.html 19. European Commission (2018), Assistance to Bulgaria and Romania under the CVM https://ec.europa.eu/info/ strategy/justice-and-fundamental-rights/effective-justice/rule-law/assistance-bulgaria-and-romania-under-cvm_en
43
with input from other EU countries, civil society, international organisations and independent experts. The support of the Commission via the CVM monitoring process is accompanied by: • funding opportunities under the European Structural and Investment Funds20 • expertise such as that provided through the Structural Reform Support Service • the constructive support of many EU countries21
6.
What now?
Establishing robust and professional law enforcement and judicial bodies, independent and free from external influence, is crucial to ensuring the healthy functioning of a liberal democratic state. Respect for the rule of law ultimately strengthens a country’s stability, its economy and its investment potential, bringing benefits of its citizens and the region as a whole. With developments in some CEE countries fundamentally going against the founding values of the EU, what steps could the EU take to ensure the rule of law is respected across the continent? What measures could the EU take to promote liberal democratic practices and dissuade CEE countries from using authoritarian means to govern? Should the EU apply financial pressure on CEE countries found to go against the rule of law? How could the EU create stronger legal mechanisms that protect the rule of law in Member States? Links for Further Research Leading Voices on the Rule of Law, What experts and world leaders think about the rule of law: https://www.youtube.com/watch?v=Loh_Zyi-qzw Green European Journal,The Rule of Law Challenge in Europe: From Hungary to Poland: https:// www.greeneuropeanjournal.eu/the-rule-of-law-challenge-in-europe-from-hungary-topoland/ Foreign Policy, If You’re Not a Democracy, You’re Not European Anymore: http://foreignpolicy. com/2017/12/22/if-youre-not-a-democracy-youre-not-european-anymore/http://foreignpolicy.com/2017/12/22/if-youre-not-a-democracy-youre-not-european-anymore/ Guy Verhofstadt, Economia, Defending liberal democracy in Poland: https://economia.icaew. com/en/opinion/march-2017/defending-liberal-democracy-in-poland-guy-verhofstadt
20. European Commission (2018), Efficient public administration http://ec.europa.eu/regional_policy/en/policy/ themes/better-public-administration 21. European Commission (2018), Structural Reform Support Service https://ec.europa.eu/info/departments/ structural-reform-support-service_en
44
REGI
.
COMMITTEE ON REGIONAL DEVELOPMENT With migration becoming an integral aspect of modern European cities, how can local stakeholders prevent cultural division and best account for cultural diversity within ur- ban societies?
45
1. Relevance of the topic Migration and cultural integration in the European Union are highly relevant in the current context. Indeed, the issue at stake is strongly linked with the ongoing refugee influx towards Europe1, many of which seek asylum in the Member States in an attempt to be granted permanent residence, but also with the general migration due to economic or social reasons in the last 50 years. We hear about it on the news quite often and lately there has been a shift in tendency towards right wing policies, with increased focus on migration. The frequent negative depiction of migrants and refugees has caused increasing prejudice in society, thus making their integration process even more complicated. In a broader view, there are many people, families and cultures who have successfully integrated and are now thoroughly included into their host country’s society. However, at the same time, there are many instances of segregation between people, going as far as “ghettos” where people of almost exclusively one nationality live, with minimal interaction with the “outside world”, and where even newborn children may only inherit the parents’ culture. This is not even a new phenomenon, as we can see that Germany has faced the problem for many years2. Quite often, you hear about small nationalist protests led by people full of hate, or hear allegation and accusations on the news, made for example by members of Alternative für Deutschland (AfD)3 or PEGIDA, two newly founded German far-right-wing parties. On the other hand, there have been many incidents involving refugees, ranging from minor cultural offences to criminal acts. There are already many projects and measures by the civil society to help migrants and refugees integrate, but they are mostly on a local scale and as such, do not have a widespread effect in tackling this problem. On the other hand, the European Commission has also adopted the EU Integration Action Plan of Third-Country Nationals on a larger scale. This Plan provides a comprehensive framework to support Member States’ efforts in developing and strengthening their migrant integration policies, as well as concrete measures that the Commission will implement4. Integration or assimilation of immigrants is a big problem faced by the EU nowadays, which needs an urgent solution. At the same time, it must be ensured that this is done in such a way that they do not lose their own culture, both because they might not agree to that, and also because culture must be preserved as a part of one’s identity. Hence, a very delicate balance must be found which satisfies both sides and helps everyone go forward.
2. Key Terms An immigrant is a person who from his/her home country to another to take up permanent residence. Refugees are people who are outside their country of nationality or habitual residence and unable to return there, owing to serious and indiscriminate threats to life, physical integrity, or freedom resulting from generalised violence or events seriously disturbing public order. An asylum seeker is a person who leaves their home country, often for political reasons or because of war, and who travels to another country hoping that the government will protect them and allow them to live there. Culture is the way of life, especially the general customs and beliefs, of a particular group of people at a particular time. 1. BBC (2016): Migrant crisis: Migration to Europe explained in seven charts: http://www.bbc.com/news/ world-europe-34131911 2. Katrin Elger (Spiegel, 2009): Survey shows alarming lack of integration in Germany: http://www.spiegel.de/international/germany/immigration-survey-shows-alarming-lack-of-integration-in-germany-a-603588.html 3. BBC (2017): German election: How right-wing is nationalist AfD?: http://www.bbc.com/news/world-europe-37274201 4. European Commission (2016): Europe: Integration Action Plan of Third-Country Nationals launched:
46
Integration consists of goals such as removing barriers to association, creating equal opportunity regardless of ethnicity, and the development of a culture that draws on diverse traditions, rather than merely bringing an ethnic minority into the majority culture. Assimilation, as opposed to integration, is the process in whereby a minority group or culture is denied their right to culture and forced into that of a dominant group. Civil society is the aggregate of non-governmental organisations and institutions that manifest interests and will of citizens.
3. Key Actors The European Commission, being the executive branch of the EU, is one of the most important actors in this issue, although being limited to ‘providing incentives and support for the action of Member States with a view to promoting the integration of third-country nationals.’5 National Governments of Member States are the decisive institutions in charge of legislation related to migration and integration, seeing as immigrant integration policies are a national competence. The most important body of the governments related to our problem would be the Ministry of Internal Affairs. Indeed, it is the ministry most associated with the issue at hand in many of the Member States. Its duties often include the supervision of local governments and immigration matters. It must be noted that other ministries may also concern themselves with differents elements, such as the Ministry of Labour and Social Affairs. Local Governments (Municipalities, Cities) are important as they are the institutions that actually implement the measures taken and take care of ongoing local projects regarding integration. Non-governmental organisations (NGOs) are important actors of civil society, which help in solving the immigration, refugees and integration problem by both informing the public of human right violations and the indisputable problems they face, but also by helping integration itself through the many projects and social activities they offer for the immigrants and refugees. (see Measures in Place)
4. Key Conflicts As immigration in itself, and especially the European migrant crisis, are difficult problems to tackle, their solid understanding is crucial in order to examine cultural integration. Seeing as the European migrant crisis is a humanitarian disaster, there is pressure on the EU to do everything possible to better accommodate refugees, despite the problems this might bring about. It is important to keep in mind that many second-generation (or later) immigrants, despite possessing the nationality of their “host” country, have not yet integrated into their societies and prefer staying in a closed circle of people of their same culture. There is a distinct difference between assimilation and integration, and society should be careful so that it do not, unintentionally, impose itself on emigrants. As mentioned before, finding a balance between culture integration and culture preservation is an intricate and delicate matter, it is important to think what is plausible and what is not. With the surge of far-right-wing parties in European politics, racism and segregation are also growing. While these parties might represent some of the people, this phenomenon is creating 5. European Commission: EU policy framework for migrant integration: https://ec.europa.eu/migrant-integration/ the-eu-and-integration/framework
47
obstacles to the integration of many.
5. Measures in Place The EU Integration Action Plan of Third-Country Nationals6, adopted on June 7, 2016, provides a comprehensive framework to support Member States’ efforts in developing and strengthening their migrant integration policies, and describes the concrete policy, operational and financial measures the Commission will implement. While it targets all third country nationals in the EU, it contains actions to address the specific challenges faced by refugees. The Plan covers Pre-departure and pre-arrival measures, Education, Employment and vocational training, Access to basic services such as housing and healthcare, Active participation and social inclusion, and also presents tools that will strengthen coordination between the different actors working on integration at national, regional and local level. Creative Europe Funding & Moussem.eu Project 12 refugee integration projects involving 62 organisations from 20 countries have been chosen by Creative Europe following an open call for cultural projects supporting the integration of refugees . A total of €2.35 million will fund activities that recognise and celebrate the contribution refugees and migrants make to cultural diversity in Europe. The Moussem.eu Project8, selected by EU experts as a success story, worked to bring art, artists and audiences from a North African or Arabic background into arthouses and cultural institutions across Europe. It ran from 2012 to 2014 and brought 4 works, ranging from dance to literary projects, to audiences across 5 EU countries. Civil Society & Local initiatives There have been numerous such initiatives and project ranging from personal volunteering9, university programmes10, up to international initiatives11 and programmes by well-known NGOs12.
6. What now? Questions to consider: - Can immigration be regulated to ensure maximal possibilities of integration in the Member States, and if so, how? - What can be done in order to help the second-generation (or later) immigrants integrate into their societies? - Assimilation vs. integration: what are the advantages and disadvantages of each of them, and which direction should the Member States opt for when dealing with the current situa tion? - Where should the line lie between culture integration and culture preservation? - Are racism and segregation actual problems interfering with the integration of migrating mi norities, and which steps can be taken to lower their effect? 6. European Commission (2016): Europe: Integration Action Plan of Third-Country Nationals launched: https:// ec.europa.eu/migrant-integration/news/europe-integration-action-plan-of-third-country-nationals-launched 7. European Commission (2016): 12 refugee integration projects to receive Creative Europe funding: https://ec.europa.eu/programmes/creative-europe/news/20161006-selection-results-refugee-integration-projects_en 8. European Commission: moussem.eu 2012-13: https://ec.europa.eu/budget/euprojects/moussemeu-2012-13_ en 9. Joel Gunter (BBC, 2015): Migrant crisis: The volunteers stepping in to help: http://www.bbc.com/news/ world-europe-34130639 10. Junge Akademie TUM: Mentoring “Buddies for Refugees”: https://www.jungeakademie.tum.de/en/buddies-for-refugees/ 11. Refugees Welcome International: Homepage: https://www.refugees-welcome.net/ 12. Save the Children: Children Refugees: https://www.savethechildren.org/us/what-we-do/emergency-response/refugee-children-crisis
48
- There have already been cases of Member States issuing bans on full-face veils, known as “burka bans”13. Was this a justified decision and does it help the situation of simply make it worse? Relevant videos - Our refugee system is failing. Here’s how we can fix it | Alexander Betts https://www.youtube.com/watch?v=kLIfeGflNp8 - The European Refugee Crisis and Syria Explained | Kurzgesagt https://www.youtube.com/watch?v=RvOnXh3NN9w Articles and newspaper - Migrant crisis: Migration to Europe explained in seven charts http://www.bbc.com/news/world-europe-34131911 - The EU and the migration crisis http://publications.europa.eu/webpub/com/factsheets/migration-crisis/en/ - What’s Europe’s Long-Term Plan for Integrating Refugees? https://hbr.org/2015/09/whats-europes-long-term-plan-for-integrating-refugees - Taking Stock One Year After Refugees’ Arrival http://www.spiegel.de/international/europe/taking-stock-one-year-after-the-arrival-of-refugees-in-germany-a-1110654.html
13. BBC (2017): The Islamic veil across Europe: http://www.bbc.com/news/world-europe-13038095
49
FOLLOW US FOR MORE IN INSTAGRAM & FACEBOOK