Comments on the Communication from the Commission to the Council and the European Parliament on a Common Policy on Illegal Immigration, COM (2001) 671 final of 22, November 2001
PICUM April 2002
PICUM, the Platform for International Cooperation on Undocumented Migrants, is an umbrella organisation of several non-governmental organisations working with undocumented migrants in Europe. Based on the experience of these NGOs and the expertise built up by PICUM on the theme of irregular migration, we wish to react on the Commission Communication on a Common Policy on Illegal Immigration.
General Remarks
PICUM welcomes the initiative from the Commission to address the problem of irregular migration. In its recommendation to the Laeken Summit, PICUM urged the ministers to develop a European migration policy that is above all realistic and human.
The CommissionÍs assessment of undocumented migration as 'multifaceted in terms of the individuals concerned and the patterns of their illegal entry and residence' is indeed realistic. European policy makers are also now facing the challenge of providing a realistic answer to the phenomenon, which should be able to prevent people from being tempted, forced and/or trapped into illegality.
Respect for a dignified existence of undocumented migrants should prevail above everything. We regret that this is not explicitly stated by the Commission as a basic principle.
Regularisation & Social Rights
PICUM wishes to stress the importance of taking into account the fact that no regulation on clandestine migration is written on a clean sheet. Because of restrictive, unrealistic and inappropriate national policies, many undocumented migrants are currently living in a situation of predicament. PICUM wishes to urge the Commission to take the situation of these migrants into account, committing themselves to respect the human and basic social rights of undocumented migrants.
Migrants that are living in an undocumented situation in the member states are a part of the 'clandestine migration' phenomenon, and due attention should be paid to them. In this context PICUM welcomes the conceptual difference that is made by the Commission between illegal entry and illegal residence. We regret, however, that this difference is not maintained throughout the analysis and in the formulation of an action plan, as the problems of social exclusion that are predominant in the situation of illegal residents are not addressed in the Communication.
PICUM furthermore recommends that an implementation of measures against irregular migration be accompanied by a discussion on a harmonized concept of regularisation of undocumented migrants residing within the European member states. The total exclusion of such an option is unrealistic and not helpful.
a. Many member states have set up such campaigns during the last years, and have good experiences. The campaigns have mainly been brought forth when the failure of the countryÍs migration policy was recognized: the presence of a big group of undocumented migrants is partly the responsibility of the government; the governmentÍs failure to install a realistic migration policy, a failing return policy, and the inability to deal with asylum applications within a reasonable time, all contribute to the reasons why many people remain in a particular country without legal status.
b. A regularization campaign is an effective way to assure a decent living for undocumented migrants who are convinced that they will remain in the country, for whatever reason, or people that are forced to stay for reasons beyond their will.
c. The regularization of the residence of undocumented migrants is beneficial for public security (registered foreigners can be better controlled, run fewer risks of becoming marginalized, etc.) so there is less risk of criminal behaviour. To (re-) obtain legal residence means that one has (once again) access to regular health care, which has positive effects on public health. Furthermore, legal residence leads to broader participation in economic and social life (possibility of official employment with payment of social contributions by the employer and taxes by the employee; a higher purchasing power, etc. ): regularization does not necessarily imply an additional cost.
d. In a regularization (campaign), a group of undocumented migrants steps out of the twilight zone and becomes visible. This gives the government, social workers and citizens a better (and often more positive) image of this 'hidden' group of people, which has positive effects for policies aimed at this target group.
e. Regularization of the illegal stay should not be seen as a 'reward', neither as creating any 'competitive distortion'. Most campaigns that took place in European members states in past years included sufficient criteria to prevent easy access. The alleged 'magnetic effect' of a regularization (campaign) on new (illegal) migrants can easily be restricted by:
• making the reference date for the campaign early enough;
• foreigners who wish to travel to the regularization country at the last minute to try their luck will be discouraged;
• using clear and simple criteria;
• a European harmonization of the regularization policy, which will counteract 'regularization- shopping'.
It should be noted that apart from regularization campaigns, there is also a need for more structural measures, in the sense of incorporating new elements in the existing Aliens Laws.
Penalising Assistance
A major concern for PICUM is that in fighting against illegal migration, citizens and NGOs providing social and humanitarian help to undocumented migrants residing in Europe should be excluded from penalisation. It should be recognised that humanitarian considerations (and not financial gain) drive many European citizens to assist and support undocumented migrants.
Economic Aspects
It is the opinion of the Commission that illegal residents cannot be considered as a pool to meet labour shortages. The experience and expertise of NGOs working with undocumented migrants leads to an opposite claim. PICUM wishes to explicitly raise the issue of participation of irregular labour migrants (with a view to their legalisation) in the regular labour market. The irregular residents who already have lived for some time in our countries are relatively well-acquainted with the social institutions here and may be considered co-citizens. Existing programs for regularisation have proven that these have a formalizing effect on the informal labour market: regularized workers often stay with the same employer, but in a regular situation. It is in the interest of all workers that the informal labour market is reduced to the structural minimum and that its further extension is combated.
Concerning the fight against the informal labour market, we share the view that employers need to be held responsible in these cases. This approach is also supported by the International Convention on Protection of the Rights of All Migrant Workers and Members of their Families (UN, 1990). We consider it very important that individuals who have been exploited due to their irregular situation could be better equipped to claim compensation. While in principle this is already possible, in practice this is hardly achieved as irregular migrants are repatriated or deported as quickly as possible. In many countries of origin, however, it is not at all easy or even possible to lay charges. And due to illegal entry or residence, they will not be granted a visa to participate in a court case as a plaintiff or witness. We believe that these procedures need to be made much easier in order to achieve a real liability of those who profit most from irregular migrants' work.
Conclusive Remarks
PICUM realises that the above- mentioned concerns require a serious societal debate, and a well-founded and courageous political approach. Non-governmental organisations are willing to actively cooperate in this field. In the meantime, however, and in the public interest, everything should be done to prevent the group of undocumented migrants from slipping further into poverty. This would cost more to our societies than providing dignified assistance in the areas of shelter, health care, food, and education. The lack of such assistance not only goes against the spirit and the letter of the International Convention on Protection of the Rights of All Migrant Workers and Members of their Families (UN, 1990) and various human rights treaties, but also goes against our common will to restrict the insecurity in our countries and cities. The denial of a dignified existence creates a general malaise, insecurity and more illegality.
PICUM demands that undocumented migrants be treated with respect. Within the European Union, they are the sign of inequality in the world.
