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Управление миграционными процессами в трудовой сфере. Учебно-методическое пособие

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Europe and a destination for immigrants from its former colonies. Since the fall of the Berlin Wall in 1989, the South-North immigration flows from North and West Africa have been supplemented by flows from eastern Europe and the countries of the former Soviet Union and its political catchment area. While much of the migration has been from eastern Europe to Germany, other destinations include Austria, Scandinavia and central European countries with emerging economies such as Poland and the Czech Republic. Over the last 12 years, more or less, the ease with which it is possible to leave and re-enter many parts of central Europe has led to circular flows through countries such as the Czech Republic, Hungary, Poland and Russia of migrants seeking to earn a living as street traders, itinerant salesmen or beggars (Sassen 1999: 113-177; see also Tonnelli, in this issue).
In the 1980s it was relatively easy to distinguish between economic and political migrants in terms of the countries they migrated to and the period during which they did so. Southern Europeans looking for work migrated to countries at the heart of Europe (Germany, France, the UK), whereas Scandinavia was the preferred destination for political refugees or asylum­seekers from countries outside what was then the European Economic Community and later became the European Union. However, this distinction is no longer so clear-cut. Economic migrants from outside the European Union are now heading for countries in every part of Europe, irrespective of whether they are in the North, Centre or South. In some countries such as Germany, controls have recently been introduced on the numbers of political immigrants (asylum-seekers) since in many cases requests for asylum in fact disguise what is in reality economic migration.
This fact is particularly significant with regard to immigrant employment. While in the 1980s immigrants were thought of as people in transit or 'guest workers' (Gastarbeiter), at the start of the new millennium they are seen as potentially permanent residents who intend to enter the host society's job market for life. This has an impact on the continuity of illegal and irregular immigration. Unlike the traditional immigrant destinations, the migrant flows in countries which have only recently become destinations consist mainly of people without residence or work permits since these can only be obtained once an immigrant has entered the country as a result of frequent legislative initiatives (regularisation initiatives) and ad hoc
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measures. Huge numbers of this type of immigrant entered Italy in the 1970s, Spain in the 1980s and Greece and Portugal in the 1990s.
Bureaucratic inefficiency and a lack of experience with the phenomenon of immigration make it impossible to come up with a realistic figure for the total number of immigrants. Accurate figures are only available for legal immigrants, since new permits are slow to be recorded and in many cases permits which have expired are not removed from the official records. There is also a lack of reliable statistics on the number of deportations of immigrants arrested by the police which have actually been carried out in practice, and on the numbers returned to their country of origin. Furthermore, the statistics do not distinguish between new permits and renewals. Finally, as Baganha and Reyneri point out, ' ... in the countries which have only recently become immigrant destinations, workforce surveys are currently of little use, since they only take account of households registered with the local authorities and hence they only cover the few immigrants who are already registered together with their wives and children, while failing to record immigrants who have come to the country on their own and are not registered, even if they have a valid residence permit" (Baganha and Reyneri 2001: 57-59). Nevertheless, it is possible to estimate the real numbers on the basis of regional and local surveys and qualitative data on the settlements where the majority of immigrants live.
Immigrant settlements are unevenly distributed throughout the countries of southern Europe. Notwithstanding these differences between countries, there are clear similarities between Italy and Greece with regard to the massive influx of Albanians and women from the Philippines in the 1990s, and between Italy and Spain in the case of North African women who migrate to these countries on their own for similar reasons. In Italy and Spain there are a large number of temporary immigrants the majority of whom have migrated with the intention of sending as much money as possible back to their country of origin as soon as they possibly can. There is also a minority of young people who want to live in a less repressive and more modern society, i.e. who are attracted to the Western lifestyle. However, Italy and Spain differ in terms of the percentage of total immigrant numbers coming from North Africa and sub-Saharan Africa. In Spain, for example, the proportion of Moroccans is lower than in Italy, and the vast majority are joined by their families once they have settled in Spain.
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In southern European countries such as Portugal, Italy and Greece, it is highly likely that refugees and asylum-seekers who initially arrive because they are fleeing a war in their country of origin will later turn into economic migrants. As a rule, migration flows into the countries of southern Europe are characterised by being motivated by the economic, social and cultural pull factors advertised through different communication channels, from migration chains to the media. In the case of economic migration, the decision to emigrate is influenced by the image that the immigrants have of the host society, irrespective of whether or not this image is based on fact (Baganha and Reyneri 2001: 105-106).
Job market structure and the informal economy
Certain aspects of the structure of the job market in terms of economic sectors and activities are different in traditional European immigrant destinations compared with countries where immigration is a more recent phenomenon. Industrialisation began later in southern Europe than in central and northern Europe and never took root so deeply or spread as widely. The percentage of jobs and people employed in industry is lower, and industrial development did not last for as long. At the same time there has been a decline in the number of people employed in agriculture in southern Europe, whereas in central and northern Europe the percentage of the working population employed in agriculture has remained constant at around 4% for several years, particularly in France. This explains why in the 1990s the service sector grew more rapidly in southern Europe than in the rest of the European Union (Bagahna and Reyneri 2001: 132-134).
There are also differences between traditional and more recent immigration destinations in terms of the relationship between employment and social policies aimed at combating exclusion (Rodriguez Cabrero 2002: 115-121). In accordance with the classic model of welfare state regimes described by Esping-Andersen (1990), there are three distinct regimes in the traditional European immigrant destinations: 1) the liberal Anglo-Saxon model (United Kingdom and Ireland), 2) the social democratic or Scandinavian model (Denmark, Sweden, Finland and the Netherlands) and
3) the corporatist continental model (Austria, Belgium, France, Germany, Luxembourg). These regimes differ from what could be described as the fourth or Mediterranean regime which is found in the more recent immigrant destinations in southern Europe (see Parella, in this issue). In these countries,
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the welfare systems are less developed, although this has started to change since the 1990s, and employment policy is not very active. The institution of the family plays an important role by providing economic and social support in the absence of comprehensive welfare policy measures.
With the exception of Portugal, which receives immigrants from African countries where Portuguese is the official language, immigrants are faced with the risk, known to them before they migrate, of repeatedly finding themselves in an illegal situation, either on entering the host country or if they decide to stay there. While in Portugal many immigrants have relations or friends in the host society, this is much less likely to be the case for people migrating to Spain, Italy or Greece which have not been immigrant destinations for as long as Portugal. The risk of becoming an illegal immigrant in these countries is therefore higher, and this has clear repercussions concerning immigrants' chances of finding a regular job, since none of the recent immigrant destinations allow immigrants to work in the regular labour market as an employee or to be officially registered as self­employed unless they have a residence permit. Furthermore, residence permits are only temporary and need to be renewed periodically in order for the immigrant to be allowed to continue to live and work legally in the host country. Renewal is not automatic and a new permit is only granted if the immigrants have a regular job or can prove that they have a monthly income high enough to support themselves and their family, if they have brought their family with them. Only in exceptional cases are residence permits granted on humanitarian grounds. Even so, having a residence permit is no guarantee that the immigrant will be able to find a regular job. All too often, they are forced to work irregularly despite the fact that they are legally resident in the host country, and they can find themselves repeatedly going backwards and forwards between regular and irregular employment (Baganha and Reyneri 2001: 114-115; see also Calavita, in this issue).
Various kinds of political measures have been taken by European countries in response to the phenomenon of illegal immigration: 1) border control measures including deportation of illegal immigrants to their country of origin after they have been arrested, 2) ordinary or special measures to regularise illegal immigrants who meet certain conditions and requirements,
3) imposing penalties on businesses which employ immigrants in the informal sector (Sassen 1999: 104). The difference between traditional and more recent immigrant destinations as far as illegal immigrant numbers are
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concerned can be put down to the continued existence of a significant informal sector in the more recent destinations, which attracts workers who are prepared to work for any wage and under abominable conditions. Labour market regulation and the minimum level of working conditions considered acceptable by the local population have led to immigrants being employed in labour-intensive sectors where semi-skilled or unskilled workers tend to be employed (textiles, clothing, building, domestic service, etc). The informal sector is particularly attractive to immigrants in economies where unemployment is high. This is especially true of Spain and Italy, where unemployment is relatively high compared to the European average and the traditional immigrant destinations, but also of other countries such as Germany and Portugal, where unemployment is slightly higher than the European average. Disparities in terms of gender and age vary from one country to another in line with a country's ability to create jobs. Unemployment has risen in recent years in both traditional and more recent immigrant destinations, but this does not mean that the local populations are competing with immigrants for jobs. Many local job-seekers are either young people who are able to look for well-paid, skilled work, housewives who can count on the financial support of their husband or the head of their family to pay the bills, or people on state unemployment benefit. Consequently, the overall level of unemployment in a country cannot be taken as an indication of whether or not there is competition for jobs between locals and immigrants (Reyneri 1994: 2-7).
Some economists (Gual 2001) have proposed the neoliberal argument that the labour shortage in certain sectors is in fact caused by economic regulation and the institutions of the welfare state. According to them, this is demonstrated by the apparent paradox of high unemployment among local workers being accompanied by a labour shortage in some segments of the labour market. The argument is that those people who are able to claim welfare benefits have no incentive to compete by offering their services on the labour market, since it is easier and pays better simply to live off unemployment benefit. Government intervention in the labour market prevents supply from matching increased demand in sectors where there is a shortage of labour, causing the cost of labour (wages) to rise. This is what causes immigrant workers from outside the EU to be recruited. According to Gual, the shortage of labour and correspondingly higher labour costs can be expected to lead to a lack of competitiveness in low-tech sectors where unit
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labour costs are more important, such as the various subsectors of the clothing industry, agriculture, etc. This in turn can lead to a change in the structure of a country's economy, with a move away from labour-intensive sectors where developing countries can be expected to become gradually more competitive in the future.
This indirect effect is more pronounced when illegal immigrants are involved and the workers from outside the EU are employed under irregular conditions. This is the case in certain southern European countries such as Italy and Spain where there is a large informal economy which attracts workers from outside the EU who are often unable immediately to get a residence permit and a regular job in the host society (Solé et al. 2001). This has the effect of tending to make labour-intensive sectors even more competitive in these countries, when in fact these sectors should be prospering in the countries or regions that the immigrants originate from (Gual 2001: 30). Seen in this way, one paradoxical effect of labour market inflexibility and excessive state welfare protection is to favour emigration from poor regions to rich regions, at the expense of the endogenous development of labour-intensive sectors in regions from which the migrants originate. Consequently, an immigration policy which has the fundamental aim of integrating immigrants into a modern industrial society should be accompanied by a trade policy which provides for investment in the immigrants' countries of origin.
The final differences between the traditional and more recent immigrant destinations are access to the welfare state and to employment, as well as political participation in terms of the right to vote in local elections and immigrants' ability to obtain citizenship. The idea that immigration poses a threat to the welfare state (Geddes 2000: 152-153) could be countered with the argument that it actually contributes to a society's ability to maintain welfare benefit levels in the future, once the immigrants have been integrated into the labour market. This view leads to the conclusion that it is necessary for immigrants to participate in the political decisions which affect them in the shape of legislation. There are differences between traditional and more recent immigrant destinations with regard to these issues too. Despite national differences and their different political and cultural histories, in the 1990s countries such as Germany, the United Kingdom, France and the Netherlands saw a shift from immigration control policies towards policies aimed at integration, with the development of
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social policies in fields such as education, health, housing and town planning. They made it easier for resident immigrants to obtain citizenship and gave them the same basic rights as the local population in areas such as employment, health and education. In some traditional immigrant destinations such as Sweden, immigrants' political rights are also recognised (the right of association, the right of assembly, the right to demonstrate and the right to vote in local elections). In contrast, the more recent immigrant destinations continue to pursue immigration control policies over and above policies aimed at integration. Furthermore, basic integration measures are only offered to legal immigrants, whereas illegal immigrants only have discretionary access to basic rights such as healthcare and education.
Given the current lack of a single EU policy providing for political participation for immigrants and thus recognising their status as permanent residents or denizens (Hammar 1990) rather than purely as workers, the combination of the different historical traditions of Europe's nation states gives rise to: 1) 'communitarist' policies such as those in the Netherlands, which promote immigrants' political participation via recognition of the various ethno-cultural communities, leading to the development of an ethnic minorities policy which can paradoxically lead to actions which promote segregation and which consequently work against effective integration, 2) 'compartmentalised inclusion' policies as seen in Germany, where the welfare state guarantees coverage of immigrants' material needs such as employment and housing, and immigrants are able to achieve a temporary status as permanent residents, and 3) assimilation (as opposed to integration)10 policies such as those in France, where rights are granted on an individual basis and there is no recognition of the very real discrimination suffered by immigrant groups, particularly illegal immigrants, i.e. those without residence or work permits (Aubarell 2001: 45-46). So much for the situation in some of the traditional immigrant destinations. In the more recent destinations, it is not currently possible to speak of policies aimed at promoting political participation, since the first halting steps towards a
10
By assimilation I mean the complete assumption by immigrants of values, norms,
practices, etc. of the host society: by integration. Í refer to the interplay and interdependence of autochthonous and immigrants' values, norms, practices, etc.,
forming a new social structure and culture. The process of integration is sociocultural and has four levels: insertion in the labour market and occupational structure: residency in the receiving society; acceptance and interchange of cultures; and political participation through voting and ethnic and mixed associations (Solé. C. et al. (2002).
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process for achieving political participation for immigrants have been the result of individual, private initiatives taken by mixed associations, ethnic organisations, NGOs, etc. As far as the institutions are concerned, immigrants are not allowed to vote in local elections.
In Spain, the first law regulating the rights and duties of foreigners was the 1985 Aliens Act, This Act created a vicious circle which was in no way broken by the two subsequent pieces of legislation: Organic Law 4/2000, for which the Implementing Regulation was never passed, and its amendment Organic Law 8/2000 which came into force on 23 January 2001 after the Popular Party's comprehensive election victory in March 2000 and for which the draft Implementing Regulation was put before Parliament in mid­February 2001. The vicious circle in which immigrants are trapped arises from the fact that employment contracts, work permits and residence permits are all mutually dependent, in other words immigration policy only treats immigrants as a source of labour. They cannot obtain a residence permit if they do not have a work permit, and they cannot obtain a work permit unless they have a residence permit. The result is that the vast majority of immigrants from outside the EU end up in irregular forms of employment, since they can only find work in the informal sector and employers do not wish to give them proper contracts.
Furthermore, while the reform is in line with Law 4/2000 of 22 December 1999 in that it seeks to achieve effective integration of immigrants by granting a wide range of rights to people who have lived and worked in Spain for several years, the amendment, despite being called the Organic Law on the Rights and Freedoms of Foreigners and their Social Inclusion, actually only grants these rights to legal immigrants. For example, only foreign residents have the right to non-compulsory education on the same terms as Spanish nationals, and the amended law does not grant everyone personal rights such as the right of assembly, the right of association, the right to legal aid and the right to court protection against discrimination. In addition, it makes it harder to obtain a residence permit by raising the minimum period the immigrant must have lived in Spain from two to five years, and it only allows the holder of a residence permit to be joined in Spain by family members who are economically dependent on him or her. The emphasis of the new legislation is on border control and increased penalties designed to get rid of organised criminal groups responsible for trafficking in human beings. Thus, rather than promoting integration, it
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actually introduces new obstacles to the entry of immigrants into Spain, an approach which is totally ineffective as has been demonstrated by the constant stream of people from Africa, Asia and Latin America who have been entering the country in recent months.
Immigration control and integration policies in Europe
There is no single, all-encompassing definition of integration, nor is there a single universal integration model or ideal mechanism for achieving integration (such as obtaining citizenship) which can be applied to all the countries of Europe. Consequently it is currently all but impossible to develop a single integration policy at European level. Despite the political reality of the European Union, the legislation arising from the various Treaties and Agreements (Maastricht (1992), Schengen (1985), Amsterdam (1997) and Nice (2003)), and the European Councils dealing with the issue (Tampere 1999), there is still no consensus concerning a single European integration policy. This is largely due to the fact that the nation state continues to be regarded as the most important political level, both by governments when they are taking decisions on common issues and by the citizens of Europe, who identify more closely with their own nation state than with Europe as a supranational entity.
The result is that legislation and government strategy and policies vary from one European country to another in keeping with each country's geopolitical context, degree of economic development, history as a host society for immigrants, etc. This is why the distinctions between the countries of northern Europe (traditional immigrant destinations with economies that drive the European economy) and southern Europe (traditional exporters of migrants with economies which are lagging behind those of the North) are still valid and continue to be used on a regular basis. National legislation concerning immigration (as opposed to a common EU immigration and asylum policy) can be rendered inneffective by the existence of the 1985 Schengen Agreement which guarantees free movement of people within the EU. The countries that form the EU's border are forced to act as Europe's border police by preventing the entry of non-Europeans or immigrants from outside the EU. On the one hand, a Fortress Europe has developed in the face of the 'invasion' of foreigners and immigrants from outside the EU, while on the other hand these immigrants are needed to do jobs which are essential for the economy to continue to function normally,
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and for which there is a labour shortage or which local workers are not interested in doing because they have very high standards concerning what sort of employment they are prepared to accept (Cachón 1995).
Until about 1999, immigration control policies were more important to many European governments than integration policies. Furthermore, since the middle of 2002, immigration control policies have once again been tightened in countries which have had relatively relaxed asylum and refugee policies such as Scandinavia and Germany. This change in trend is particularly evident in traditional immigrant destinations such as Germany, the UK, France and the Netherlands, despite national differences and the different political and cultural histories of these countries. In spite of the possible negative effects or distorsions caused by inflexible labour markets and the welfare state in Europe, efforts are being made to try and reduce the tension between the need for migrant workers in order to meet the demands of the market, and the need to integrate these workers into the host society. On the one hand, many small and medium-sized enterprises in sectors in which local workers do not want to work only manage to survive thanks to immigrants. In this respect, immigration helps to make the labour market more flexible. On the other hand, the presence of immigrants in these businesses, living locally and with their children attending local schools, leads to the xenophobic attitudes, racist behaviour and problems with integration which have been experienced by various European countries.
European countries' integration policies are gradually beginning to converge in some respects, either as a result of the pressure that the process of European union has brought to bear on the Member States to bring their immigration policies into line with each other, or because the Member States' governments have adopted more liberal policies. There are signs of greater efforts to address the situation of non-EU immigrants who are resident in the European Union which go beyond simply focusing on their role as a source of labour and their contribution to the host country's economy. There is a shared desire to base immigration policy on external border controls and restricting applications for asylum, as well as tackling the issue of immigrants who are employed without work permits. On the whole, all countries also recognise the right of immigrants to take up permanent residence in the host society and to be joined by their families.
This means that there is no longer the assumption that immigrants are guest workers or Gastarbeiter who will definitely return to their country of
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