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Reference Document on the Histories of Minoritisation in Austria, Hungary, Netherlands, Portugal, Turkey and The Reference document on the histories of minoritisation in Austria, Hungary, Netherlands, Portugal, Turkey and the United Kingdom Authors Bridget Anderson, Sara Araújo, Laura Brito, Mehmet Ertan, Jing Hiah, Trudie Knijn, Isabella Meier, Julia Morris and Maddalena Vivona Editors Emma Newcombe and Liam Lemkin Anderson This Working Paper was written within the framework of Work Package 5 (justice as lived experience) for Deliverable 5.2 (comparative report on institutionalised political justice and experienced (mis)recognition) July 2018 Funded by the Horizon 2020 Framework Programme of the European Union Want to learn more about what we are working on? Visit us at: Website: https://ethos-europe.eu Facebook: www.facebook.com/ethosjustice/ Blog: www.ethosjustice.wordpress.com Twitter: www.twitter.com/ethosjustice Hashtag: #ETHOSjustice Youtube: www.youtube.com/ethosjustice European Landscapes of Justice (web) app: http://myjustice.eu/ This publication has been produced with the financial support of the Horizon 2020 Framework Programme of the European Union. The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Commission. Copyright © 2018, ETHOS consortium – All rights reserved ETHOS project The ETHOS project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No. 727112 2 About ETHOS ETHOS - Towards a European THeory Of juStice and fairness, is a European Commission Horizon 2020 research project that seeks to provide building blocks for the development of an empirically informed European theory of justice and fairness. The project seeks to do so by: a) refining and deepening the knowledge on the European foundations of justice - both historically based and contemporarily envisaged; b) enhancing awareness of mechanisms that impede the realisation of justice ideals as they are lived in contemporary Europe; c) advancing the understanding of the process of drawing and re-drawing of the boundaries of justice (fault lines); and d) providing guidance to politicians, policy makers, advocacies and other stakeholders on how to design and implement policies to reverse inequalities and prevent injustice. ETHOS does not merely understand justice as an abstract moral ideal, that is universal and worth striving for. Rather, it is understood as a re-enacted and re-constructed ‘lived’ experience. The experience is embedded in firm legal, political, moral, social, economic and cultural institutions that are geared to giving members of society what is their due. In the ETHOS project, justice is studied as an interdependent relationship between the ideal of justice, and its real manifestation – as set in the highly complex institutions of modern European societies. The relationship between the normative and practical, the formal and informal, is acknowledged and critically assessed through a multi-disciplinary approach. To enhance the formulation of an empirically-based theory of justice and fairness, ETHOS will explore the normative (ideal) underpinnings of justice and its practical realisation in four heuristically defined domains of justice - social justice, economic justice, political justice, and civil and symbolic justice. These domains are revealed in several spheres: a) philosophical and political tradition, b) legal framework, c) daily (bureaucratic) practice, d) current public debates, and e) the accounts of the vulnerable populations in six European countries (the Netherlands, the UK, Hungary, Austria, Portugal and Turkey). The question of drawing boundaries and redrawing the fault-lines of justice permeates the entire investigation. Alongside Utrecht University in the Netherlands who coordinate the project, five further research institutions cooperate. They are based in Austria (European Training and Research Centre for Human Rights and Democracy), Hungary (Central European University), Portugal (Centre for Social Studies), Turkey (Boğaziçi University), and the UK (University of Bristol). The research project lasts from January 2017 to December 2019. 3 CONTENTS INTRODUCTION ............................................................................................................................................... 6 THE UNITED KINGDOM ................................................................................................................................... 7 The creation of the United Kingdom ..................................................................................................... 7 Britain’s colonial powers ....................................................................................................................... 7 The role of law ..................................................................................................................................... 10 The British Nationality and Status of Aliens Act ...................................................................... 11 The British Nationality Act of 1948 .......................................................................................... 11 Commonwealth Immigrants Act .............................................................................................. 12 From the 70s to today ......................................................................................................................... 13 TURKEY .......................................................................................................................................................... 15 The concrete disturbances of Turkey’s minority regime ..................................................................... 16 Turkey’s accession process to the European Union as a new component of Turkey’s minority regime ...................................................................................................................................... 19 The non-minority minorities of Turkey ............................................................................................... 20 PORTUGAL ..................................................................................................................................................... 23 A country of emigration ...................................................................................................................... 24 From a country of emigration to a country of immigration – xenophobia or racism? ........................ 25 Islam compared with other communities ........................................................................................... 25 Colonialism and Lusotropicalism are still present ............................................................................... 26 THE NETHERLANDS ....................................................................................................................................... 28 Religious plurality in the Republic ....................................................................................................... 28 Pragmatic approach to freedom of religion ............................................................................ 29 Catholic and Protestant minorities .......................................................................................... 30 Labour migrants and religious refugees .................................................................................. 30 People from abroad; Jews and Roma ...................................................................................... 31 Contextualizing (Dutch) colonialism and slavery: religion and biological essentialism ....................... 32 Colonialism and evolutionary discourses ................................................................................ 33 Rights and citizenship in the Republic and its colonies ........................................................... 35 Expanding civil and political rights 1798-1917 .................................................................................... 36 The Batavian constitution in 1798 ........................................................................................... 36 Gender-based minoritization ................................................................................................... 37 Abolition of slavery .................................................................................................................. 38 Roma minorities in the Netherlands 1800-1900 ..................................................................... 40 Pillarization .............................................................................................................................. 41 The Netherlands, a(n) (unwilling) country of immigration after WW II .............................................. 42 Postcolonial migration: Indonesia and Suriname .................................................................... 43 4 (Unskilled) Labour migration ................................................................................................... 45 Refugees 47 Discursive minority policies 1980-2013 ................................................................................... 48 Multi-cultural drama and populism ......................................................................................... 49 AUSTRIA ........................................................................................................................................................ 50 The ‘Vielvölker-Staat’ and the origins of minority policies
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