Who
can qualify for the campaign? How
should the campaign be organised? What
should be the result of the campaign concerning 'residence'.
The necessity of
regularisation campaigns
.
Installing a regularization
campaign
Who
can qualify for the campaign?
How
should the campaign be organised?
What
should be the result of the campaign concerning 'residence'
.
Pointing
at the (positive) effects of regularization
. Need for broader structural measures concerning the phenomenon of migration
The
necessity of regularisation campaigns
A
regularisation campaign is a ‘cleaning’
operation, meant to legalise the residence of undocumented migrants who are
unable or unwilling to return to their own countries. The presence of these
migrants is explained by a variety of factors. More an more people are fleeing
their home countries, because of wars, famine, environmental catastrophes, etc.
At the same time, most European states are characterized by a lack of a
realistic migration policy, a restrictive asylum procedure and the inability to
deal with asylum applications within a reasonable time, and a failing return
policy. Moreover, many European economic sectors are relying on underpaid
clandestine workers. All this contributes to the reasons why many people remain
in a particular country without legal status. By opening a concrete possibility
to regularisation, a government recognizes this crooked situation, and assumes
its responsibility to restore some order and do justice to all people residing
on its territory.
Installing
a regularization campaign
The
practice in many European countries during the last years proofs that there are
many different models of regularisation campaigns (see ‘Regularisation
campaigns in Europe, PICUM, 2001). Depending on the intention behind, several
questions need to be considered.
Who
can qualify for the campaign?
-
It should be made clear who is eligible for the campaign. The campaign
can exclusively address undocumented migrants, or also foreigners with a
precarious residence permit (asylum seekers who have begun an official
procedure, foreign students, people
who have begun an official procedure for family reunification, people with
temporary residence permits, , ...).
-
Some campaigns, e.g. the campaigns in most countries in southern European
in the past 25 year, are used for regularisation of illegal workers, or people
who are actively looking for work. The central criterion here is that the
applicant can give proof of unofficial employment.
-
It can be intended for foreigners who can prove long-term (uninterrupted)
residence in the country (either within or not within the framework of a
residence procedure). This criterion of duration of residence is of minor
importance in most campaigns, except in France in 1991 (exceptional long period
awaiting asylum decision), in Belgium in 2000 (exceptional long period awaiting
asylum decision; residence of 5 or 6 years in Belgium)
-
A
campaign could also address foreigners who can prove sustainable familial or
social relationships (cf. France 1997; Belgium 2000, Spain 2001), or people who
are seriously ill (cf. France 1991, Belgium 2000).
-
Finally, there are examples of campaigns meant for people who do not have
the possibility to return (cf. Belgium 2000).
How
should the campaign be organised?
Taking
into account that the aim of the campaign is to reach as many people as
possible, and to motivate them to file their demand, the following measures can
be proposed:
-
The period in which applications can be submitted should be long enough
(three weeks as in Belgium (2000) was too short; most of the European campaigns
foresee at least 3 months). A longer application period assures less waiting
time at the application offices, and more time for public awareness campaigns.
-
It is highly recommendable to use clear, well-defined criteria,
discussion on the interpretation should be avoided.
-
A protection by law of undocumented migrants who filed a demand should be
installed, to protect them from being expulsed in the course of the procedure.
-
Social benefits for people who filed their demand should be foreseen
(possibility of employment (cf. Belgium 2000) or social support). This is
necessary since almost all campaigns exceed the duration that has been set, some
people may wait years to receive an answer.
-
A complaint procedure should be installed for rejected applicants.
-
The application should be treated by an independent commission in which
NGOs are also represented (cf. Belgium 2000) instead of by the Ministry of
Interior Affairs or Justice (cf. other European countries)
-
The NGO-world should be involved in the setting up of the campaign, to
enhance the confidence of candidates in the procedure and to assist in the
filing of the applications. Also Trade Unions could play an important role.
-
The alleged ‘magnetic effect’ of a regularization campaign on new
(illegal) migrants can be restricted:
o
by
making the reference date for the campaign early enough, foreigners who want to
travel off to the regularization-country at the last minute to try their luck
will be discouraged
o
by
using clear and simple criteria
o
a
European harmonization of the regularization policy will counteract
“regularization-shopping”
What should be the result
of the campaign concerning ‘residence’It
should be clear in advance in which statuses the regularization will result. The
choice is between a permanent
residence or a temporary (conditional) residence, with for example a possibility
to extension to undefined residence in case of actual employment.
Pointing
at the (positive) effects of regularization
Although
many fears exist regarding a regularisation campaign, it should be recognised
and reminded that many European countries have positive experiences with these
campaigns.
First
of all, it is more easy to ascertain access to basic social rights to legal,
‘registered’ inhabitants. Legalised migrants run fewer risks of becoming
marginalized and excluded.
A
regularization does not necessarily imply an additional cost: legal residence
leads to broader participation in economic life (possibility of official
employment with payment of social contributions and taxes …). It is beneficial
to public security, and it creates a better visibility which makes policies more
effective.
Need
for broader structural measures concerning the phenomenon of migration
Since
a regularization campaign, a permanent regularization procedure or a legal
ruling will never be a solution for all undocumented migrants, it is important
to protect the basic social rights of this group of migrants. Everyone’s right
to health care, to shelter and food, to education, to legal advise etc. should
be safeguarded regardless of status. Since most of the undocumented migrants are
also workers, it is crucial that there employment rights are respected.
Assistance to undocumented migrants to help them accessing these basic rights
should never be penalized or criminalized.
Regularization
is only a –necessary- treatment of the symptoms; it does not address the
causes of illegal migration. Regularization of illegal residence should be
combined with the installment of a realistic and humane migration policy, with
international cooperation to combat root causes, a good asylum procedure and fewer
deterrent measures, and a fair procedure for family reunification.
