INTERNATIONAL CONFERENCE ON 'UNDOCUMENTED MIGRANT WORKERS'


On 26 May 2003 PICUM organised an international conference on undocumented migrant workers, in the European Parliament in Brussels.

Starting point of the plan of PICUM to work on the issue of ‘labour’, is the observation that many of the undocumented migrants residing in Europe are working, and are to a large extent dependent on their work. Many organizations in the PICUM network are confronted with problems resulting from the unprotected status of these workers: they often work long hours, in dangerous and/or unhygienic conditions, many of them do not receive their wages or receive less than was agreed upon, workers are fired without being given due notice, etc. In case of an industrial accident, the lack of official proof of employment renders it complicated and often impossible to have any health care refunded. In the case of apprehension of illegal labour, the undocumented worker will most of the time be deported without being able to claim his/her last wages.

Undocumented workers are themselves often rather unwilling to protest against these bad conditions, since their main aim is to have work, regardless of the conditions. They realize that for example, to file a complaint against an employer would have negative consequences on their chances of employment.

This situation, in which a certain group of people is on a large scale structurally prevented from getting out  of their situation of predicament, is a situation of great social injustice. In many cases, it is the workers’ explicit wish not to denounce, to avoid the risk of losing their jobs. This fact renders the issue all the more complex and delicate.

Traditionally there are several institutions and bodies protecting and monitoring employment rights, and controlling and regulating working conditions. The organizations in our network observe how access to most of these established institutions is problematic in case of a lack of legal status. Trade unions are not unanimously convinced of the necessity of including undocumented workers, labour legislation is in many cases not applicable to undocumented migrants.  Therefore PICUM decided to start working on the issue of employment of undocumented migrants. The main aim of PICUM’s actions in this respect is to find appropriate ways to protect workers in an undocumented situation. These actions will be in the first place directed towards PICUM member-organisations, that are mainly NGOs providing assistance to undocumented migrants. We realize however that to tackle this issue, new coalitions should be made in field in which the organizations often do not have prior expertise. Therefore it is a challenge for PICUM to involve different partners from the beginning, mainly trade unions, employers’ organizations, academia, migrant worker organizations, social inspection and relevant policy makers.

The Conference brought together actors from the above mentioned fields, and aimed to provide possibilities to exchange points of view, experience, and expertise, and for networking. A REPORT of the conference will be available in October 2003.

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