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J. Gottman y Notarius (Washington)

2.2. Principales aportaciones

It has been a recurring theme in the literature on integration: NGOs, Trade-Unions, or more generally non- profit organisations may be important actors for integration policies. In the absence of national policies, they may even have compensated the state’s shortcoming in guiding migrants in the maze of receiving societies. Legal advice and guidance is an area where receiving society organisations may offer pivotal support to mi- grants. This may take many forms, for example, preparation of documents or providing information on the legal system. In this regard, Prague is a case in point.

“Social and legal counselling is the cornerstone of integration projects organized in Prague. […]Legal counselling is organized to provide knowledge about the legal system, and other legal problems that were encountered by the counselled migrants. The counselling includes preparation of necessary documents and also legal repre- sentation in procedural dealing with courts and public administration such as procedure of granting a state citizenship. Moreover, the legal consultations include general issues of life, ranging from Family Law (newly born children, under-age children, weddings or divorces), Civil Law (real estate purchases), Labour Law (extor- tion) salary, wage refunds, labour contracts consultations, improper severance of the labour relations) to Com- mercial Law (commercial register) and Criminal Law” (Matusz- Protasiewicz, 2014b).

Another example of free legal advice that can help newly arrived immigrants is Barcelona, where social enti- ties support immigrants with the procedures for obtaining legal status (via arraigo or “rootedness”), renewal of residence permits, family reunification, deportation, information regarding marriage with Spanish nation- als, help with housing and other services. Garcés-Mascareñas found that:

“Legal advice is one the mainstays of reception policies for the newly arrived population. […] this service is offered by a set of social entities (55 in 2011) and funded by the Barcelona City Council through projects. At the end of 2007 the Council’s Department for the Immigration and Intercultural Dialogue Programme launched the Xarxa d’Entitats Socials d’Assessorament Jurídic per Estrangers (XESAJE – Legal Advice for Foreigners Social Entities Network) with the aim of fostering shared knowledge among people providing legal advice in the city. The publication and circulation of information concerning changes in laws and regulations affecting foreigners is encouraged by this network, and periodical meetings are held with the institutions working in the field to obtain up-to-date information on the most pressing issues for both administration and users” (Garcés-Masca- reñas, 2014b).

Until 2002, non-governmental organisations in Germany, particularly trade unions and churches, were crucial for integration processes of guest-workers and their families.

In Turin, during the amnesty of 1995, a mobilisation from below took place in order to facilitate the regular- isation of immigrant undocumented workers, which lead to the emerging of a network between trade unions, NGOs, the municipality and the Police Headquarters (Caponio,2014a).

A third case in point is Prague where the lack of a robust political-bureaucratic body has been compensated by a relatively well-developed network of NGOs dealing with integration governance. Prague-based NGOs have taken part in the realization of national integration strategies and they are also involved in the formation of legislative acts concerning the integration of migrants which then create a broader framework for the evolution of local strategies for integration governance. On the local level, they have constituted the back- bone of Prague's integration governance and performed multiple tasks. Firstly, they have helped migrants to access public goods through social/legal counselling and also organized courses in the Czech language. Sec- ondly, they have substituted the weak or even non-existent migrant organizations, in lobbying for migrants' interests and articulating their needs. Thirdly, they represented the main contact places for migrants and functioned as crucial intermediaries between individual migrants and the public administration. Moreover, thanks to their first-hand experience, the NGOs have had the ability to reflect on everyday needs when providing policy advice and through taking part in the evolution of Prague's integration governance (Matusz- Protasiewicz, 2014b).

NGOs may provide migrants temporary accommodation and act as mediators between private owners and tenants. It is worth noting that often, these initiatives receive funding from local authorities (Garcés-Masca- renas, 2014). More generally, civil society may spearhead integration endeavours through practices and ini- tiatives carried out at local level. Due to their experience at the grass roots level these organisations are often able to respond to specific issues faced by particular communities. As Humphris (2014) states,

“reasons for this include flexible action plans, lower administrative costs and the embedded nature of organi- sations within local areas. They have an important role in creating the right conditions for third-country nation- als to access information and services relating to employment, education, healthcare, housing and culture”.

As interventions take place at the local level there is a wide range of approaches, practices and outcomes. Humphris (2014) has identified some emerging trends in civil society’s practices that are aimed to ease the process of integration for new migrants.

First, the use of mediators has had a multiplier effect on integration. Generally based on volunteering from the general public including retired people, students, members of the majority population or long-estab- lished migrants, intercultural mediation aims at overcoming language and cultural barriers, mentoring stu- dents and pupils, improving employability or language skills on a one-to-one basis (Phillimore, 2014).

Cultural mediators should work alongside personnel such as doctors, teachers, etc.

Second, effective integration projects are based on effective and relevant partnerships, associating actors from the non-profit sector, local authorities and migrants themselves). Pasini and Coletti (2014a) reach sim- ilar conclusions through a network analysis of integration practices throughout the EU. In essence, they find that a practice is more likely to be successful if: it places migrants at the centre; it is design implies a dense network of interaction between the different actors involved; the actors involved.

Following the example of the European Migration Forum, dialogue between civil society and policy makers should be increased at other levels of governance.

Third, the establishment of forums gathering non-governmental organisations, migrant communities and lo- cal government officials proved to be an effective way to organise the communication of issues regarding integration and find remedies to address them (this reflects the user-centric approach to practices as ex- pounded in Pasini and Coletti, 2014a). This is similar in inter-faith forums: they gather different religious representatives, local authority officials and so forth. Such forums provide the opportunity for multiple actors from migrant communities to connect with agencies and institutions and discuss key issues of concern to migrant communities. The success of this approach depends on having the right political environment within which to operate so that institutions are open to the information they receive and are prepared to act (Phillimore, 2014a).

Of particular importance is the capacity of trade unions in some cases to weigh on migrant’s labour market outcomes. Depending on their strength, unions may play on institutional arrangements for bargaining for an extended coverage of collective agreements, monitoring compliance with relevant legal regulation, negoti- ating particular collective agreement provisions for migrant workers, or protecting the interests of migrants and raising their awareness on entitlements related to work and welfare system provisions in the receiving countries (Kahanec et al.,2014c).

As several studies on Southern Europe have shown, in the absence of governmental integration policies, civil society actors (such as trade unions, NGOs, charities and civil movement associations) have become key in providing various services and offering political support for immigrants' rights claims. At the same time, their mobilisation may produce a “crowding out” effect wherein native associations mobilising on behalf of immi-

grants actually become the main recipients of municipal funding and partners in policymaking, thus prevent- ing immigrants from forming their own organizations (Penninx et al., 2014b).

This statement is of particular importance since it points out that in some cases there can be tensions be- tween the organization of immigrants and those for immigrants.

It is worthwhile to refer to a tension that arises regularly between (representatives of) immigrant organisa- tions and NGOs (of natives) that defend the interests of immigrants and provide services to them. In the first phase of immigrants’ settlement, such as in the Prague and Warsaw cases, interests of immigrants are – in the absence of strong immigrant organisations - defended by such native NGO’s: the ones that nowadays build up the service provisions for immigrants and pressure for national and local policies and – as in the Prague case – are strongly represented in the Regional Advisory Platform. As immigrant organisations de- velop in the course of time, these may (re-)claim such representing tasks and the resources that governments may make available for both representation and service provision. The outcome of such a struggle is to a great extent dependent on choices that local governments make. For example, in the city of Milan, as re- ported by Caponio, representation (and to a lesser extent also service provision) was moved away from im- migrant organisations to Catholic NGOs (Penninx et al., 2014b).

Also in Turin (Italy) the situation is quite similar, where there is an established practice of distributing grants every year to NGOs working in the social policy field, as well as Catholic organisations dealing with undocu- mented migrants (Caponio,2014c). This is a way to reach a category of migrants (undocumented) who are not targeted by official policies due to their legal status.

Investments should be made to build excellent community and civil society leaders, who should come from a wide range of men and women, nationalities, statuses, and ages.