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Irregular Migration and dignity of migrants: Co-operation in the Mediterranean region
Conference of the Council of Europe, Athens 3-4 October 2001

 

The phenomenon of irregular migration has dramatically increased over the past decade. In many countries in Europe, churches and their social services are trying to live up to this relatively new challenge, assisting persons in need with medical and social care, counselling and advice.

This paper is not a comprehensive account. But we would like to highlight some aspects of irregular migration and to formulate some recommendations.

1. Causes of irregular migration

Irregular migrants do not see – and often do not have – a possibility for legal entry and residence in European countries. On the other hand, they do hope for an improvement of their lives when they leave. Often they have heard of others from their region, who are supposed “to have made it”. As for migration generally, the root causes are similar: unemployment and poverty, conflicts and war, political persecution.

Irregular migrants sometimes enter legally, but then continue to stay without appropriate permits. Sometimes this is due to a lack of knowledge of legal requirements, more often it is due to the recognition that, if they applied for an extension of the permit, they would be deported.

2. Smuggling and trafficking

Due to stricter border controls, and for many almost impossible requirements to be met when applying for a regular visa, more and more persons turn to organisations smuggling and trafficking in human beings. Thus the price for the journey increases tremendously. Not only do persons pay large amounts of money to cross borders, they also risk their lives. Hidden in lorries or boats not equipped for transporting human beings, large groups of persons are carried across borders, and left by smugglers and traffickers, if controls approach.

In the case of the Mediterranean Sea, boats and ferries are probably the main carriers. When coast guards arrive, persons are simply thrown into the sea. Many have lost their lives over the past years.

3. Mediterranean countries

Countries North and South of the Mediterranean Sea are transit countries as well as destinations. Portugal, Spain, France, Italy and Greece are required to take responsibility for these persons as they enter their territory. In order not to provide additional incentives, however, they have introduced not only border control measures, but also reduced health and social benefits. As a consequence, irregular migrants often feel better off, if they remain undocumented.

4. Illegal employment

Even if wages in illegal employment are low, for many persons fleeing from poverty they seem high, partly also because no taxes and social security are paid. Employers exploit this opportunity to employ cheap labour and save social security costs. This is detrimental to both, the social security system and the states’ income through taxes. In addition, particularly in regions with high unemployment rates, this situation creates problems with local communities.

5. New slavery

Persons who resorted to trafficking organisations as a means to flee, children who were sold to trafficking organisations, or women attracted by false promises of a bright future, often find themselves in desperate situations. Traffickers keep them in total dependence, often also threatening the family in the country of origin. Many women and children are sold into prostitution, but also as domestic servants, offered as potential wives in catalogues, or forced to work on building sites, restaurants and sometimes rather dangerous industries. They are kept in locked rooms and houses, beaten, raped and maltreated. They live in constant fear and despair.

6. Criminality

While the majority of irregular migrants have only committed the offence to enter illegally, there are some who are used by traffickers for criminal activities. This ranges from drug and arms trafficking to stealing and shoplifting using children.

Trafficking organisations are well-organised criminal organisations. As trafficking has become a profitable business, profits are now exceeding drug trafficking, assisting victims of trafficking has become dangerous as well. They regard the persons as their property, and any interference is penalised.

 

Recommendations:

1.     Presently the main focus to deal with irregular migration is stricter border control as well as stricter visa requirements. This has contributed to increasing the price for irregular entry. To reduce the possibility of making profits, we would like to encourage exploring alternatives, like easier access to short-term visa for the purpose of seasonal employment. A coordinated European immigration policy with profound information on legal job opportunities in various European countries and at all levels of skills could also contribute to reduce irregular migration.

2.     Access to Europe, particularly the European Union should be reviewed. While we are aware of the security aspects, which need to be observed, in many situations visa requirements for family and friends of third country nationals are almost impossible to be met (financial guarantees, personal guarantees, insurances). If these requirements could be made in a more transparent manner and with a possibility to be fulfilled, a fewer number of persons would turn to irregular migration.

3.     Particularly for refugees fleeing from persecution, fulfilling visa requirements is extremely difficult. UNHCR has pointed to the fact that quite a large number of refugees had to resort to traffickers and smugglers to leave situations of high risk and danger. It is therefore of importance to ensure that the asylum system is able to identify refugees and provide necessary protection.

4.     Fundamental human rights must be guaranteed for every person regardless of the status. This implies emergency health treatment, a right to education for children and the right to shelter and food.

5.     To free persons from slavery, they need to be guaranteed rights. As long as persons have to fear detention and deportation, or worse even retaliation on their family, they will remain dependent on traffickers. We would welcome specific programmes of assistance and protection for victims of trafficking organisations. As traffickers work internationally, protection must be organised internationally as well.

6.     Trafficking is only possible with a certain amount of corruption. It is therefore important to address this problem appropriately and at the various levels. Transparent immigration procedures would help to identify arbitrary decisions. If guaranteed protection, victims of traffickers might be ready and willing to assist in uncovering the criminal networks.

7.     Particularly for women and children who have become victims of trafficking specific programmes of assistance are required. Education and training are most suitable to help, but also counselling and psychological therapy will be necessary to overcome the traumas of violence and incarceration.

8.     Humanitarian organisations assisting victims of traffickers and irregular migrants in difficult situations ought not be criminalized and penalised for doing so. We are extremely worried that in recent proposals of the EU on facilitating illegal entry and residence exemptions for humanitarian organisations providing assistance are not considered appropriately. The same applies to the measures against trafficking in human beings. While we do agree with the principles to fight trafficking in human beings, there is a need to protect the vicitms as well as those who help them for humanitarian reasons.

9.     Particularly for the Mediterranean region, we would welcome if cooperation programmes would also provide for training and repatriation programmes in various countries. The churches in the Southern European countries and in the Middle East have for some years entered an exchange on the problems of migration and asylum. They would be more than willing to enter a deeper cooperation in these fields, providing information and assistance to migrants and refugees. But they lack the means to enter into needed longer-term projects of e.g. training and offering alternatives for employment.

10.  We are convinced that it will be important to inform a broader public including employers on these issues. The majority of irregular migrants is working in Europe. Most of them are working hard and do a good job. A large number of Europeans are employing domestic workers as well as workers on building sites, renovating houses etc. While we are aware of the difficult balance, which is to be kept and discussed with social partners, we think that some possibilities and conditions for low-income jobs need to be reviewed in consultation with social partners and migrants’ organisations as well as humanitarian NGOs.

11.  For persons who have regularly worked and lived for several years in a European country, we would welcome regularisation programmes. For victims of trafficking this option should be considered from the beginning in order to avoid double penalty through immigration regulations. We are aware of the difficulties involved, however, we feel that no person should be criminalized only for the desire to migrate and look for a better life.

12.  In this context we would welcome if the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was ratified by European states. We believe this Convention to be an important tool to guarantee rights and respect for migrants. The Council of Europe already in 1994 asked member states to sign this Convention.

13.  For churches, every human being is first of all God’s creation. We know that similar convictions are shared by other religions. Therefore the dignity of persons must be respected and assistance to persons in need is granted irrespective of their status, origin or belief. These principles are deeply founded in biblical convictions, which we believe are of benefit to the society at large and to finding ways of living together in community.

14.  We would like to encourage a case study on the effects of various measures to deal with irregular migration. Albania might be a good case to examine the effectiveness as well as deficiencies in the responses by neighbouring countries to the rise in irregular migration over the past years.

27. September 2001