Report

on the Conference

“Irregular Migration: a Challenge to

European Migration and Asylum Policies”, st 1 November 2002 in ,

Organised by CCME in cooperation with the Integration Centre for Migrant workers (KSPM) of the of the

CCME – Rue Joseph II 174 – B-1000 – BELGIUM Tel: +32 (0)2 234.+68.00- Fax: +32 (0)2 231.13.14 – e-mail: [email protected] Content

Content...... 2 Introduction...... 4 Conference Programme ...... 5 I. Opening...... 6 a) Welcome by Rev. Dr. Martin Affolderbach, Moderator of CCME ...... 6 b) Welcome by his Grace, the Rt. Rev. Ioannis Thermopylae, Abbot of the Monastery of the Dormition, Pendeli ...... 7 II. The Greek Presidency and the issue of Migration and Asylum...... 9 a) The problem and the challenge...... 9 b) European Developments ...... 10 c) The Greek Distinctiveness ...... 11 d) Our principles and our aims ...... 13 e) The aims of the Greek Presidency ...... 14 f) Towards a European Framework for a Common Migration Policy...... 15 g) Conclusion ...... 16 III. An area of freedom, security and justice in Europe, a comprehensive approach – the balance between opening immigration channels and restrictive measures...... 17 IV. Address by His Beatitude, Christodoulos of Athens and All Greece ...... 20 V. Churches facing the phenomenon of irregular migration in Europe...... 26 a) Irregular Migration...... 26 b) Causes of irregular migration...... 26 c) Smuggling and trafficking ...... 27 d) Illegal employment ...... 27 e) New slavery ...... 28 f) Criminality ...... 28 g) Recommendations:...... 28 h) Possible Action:...... ……...... 30

CCME Conference, Athens, 1 November 2002 2 VI. Irregular migration in the case of Greece ...... 32 a) Greece turning into an immigration country ...... 32 b) The dynamics of irregular immigration in Greece ...... 32 c) Conditions of emigration and predispositions towards the western world...... 33 d) Crossing the borders under whatever conditions ...... 34 e) The encounter with Greek society ...... ……...... 34 Immigration: a fresh experience ...... 34 f) Greek society bending the rules ...... 36 g) The irregular immigrant and the law ...... 37 h) The contribution of irregular immigrants ...... 37 i) Between irregularity and legal status ...... 38 VII. The “Sans Papiers” in France ...... 40 a) History ...... 40 b) The “Sans papiers” movement Coming out...... 41 VIII. The Platform for International Cooperation on Undocumented Migrants PICUM, ...... 44 a) Introduction ...... 44 b) Irregular Migration...... 44 c) PICUM...... 44 d) and Basic Social Rights ...... 45 e) Tension between State Interests and Human Rights ...... 45 f) European Legislation...... 46 g) National Legislation ...... 47 h) Regularisation ...... 48 i) Return Migration ...... 48 j) Solidarity...... 48 k) The Ethics of Solidarity...... 49

CCME Conference, Athens, 1 November 2002 3 Introduction

It is with great pleasure that we present the report on the proceedings of the international conference “Irregular Migration: a Challenge to European Migration and Asylum Policies.” The conference took place in Athens on 1st November 2002 and was co-organised by the Integration Centre for Migrant workers (KSPM) of the Holy Synod of the Church of Greece and the Churches’ Commission for Migrants in Europe (CCME). The choice of time and location of the conference was inspired by two events at the same time: the upcoming Greek Presidency of the European Union in the first half of the year 2003 and the 15th General Assembly of CCME, which took place on the island of Aegina from 1st to 4th November 2002. The reality of irregular migration has over the last years become an ever more burning issue. The arrival of irregular migrants and boat people at the borders of EU members states and in particular on the Southern European shores has reached alarming heights. The fate of these irregular migrants is often characterised by the desperate wish to escape situations of conflict or economic deprival, by the immense difficulties to reach EU territory legally and - as a consequence - the need to resort to illegal means of entry. As a result, irregular migrants find themselves in extremely vulnerable and precarious situations – they become affected by trafficking and new forms of slavery, they often risk their health or even their lives in their attempt to reach their country of destination, or they find themselves in exploitative work situations in the host country. It was thus both timely and necessary that KSPM and CCME tried to get different actors together to discuss the challenges posed by the reality of irregular migration. The Greek Minister of Interior presented his government’s priorities for the Greek Presidency, the representative of the Council of Europe contrasted this with an input on the wider European context, speakers from Church-related services gave an insight into the situation of irregular migrants in their countries and representatives of Churches and NGOs formulated responses. His Beatitude Archbishop Christodoulos of Athens and All Greece appealed to all parties involved to “contribute to the creation of those presuppositions necessary for the decent and creative integration of foreigners, from which our society will certainly benefit”. CCME took up this call during its General Assembly and underlined in its work programme 2003-2005 that “CCME will advocate that irregular migrants are treated with dignity.” It is with this appeal that we commend this report to all readers. Last not least, we wish to thank all those who made the conference possible – the Holy Synod of the Church of Greece for the invitation, the team of KPSM for the preparation an implementation, the Foundation Goulandri-Horn for hosting the conference as well as the Greek Ministry of Culture and the Deputy Minister of Public Order, Mr Malesios, for their sponsorship of the conference. CCME is grateful to Dr. Torsten Moritz for compiling this report.

Doris Peschke Brussels, March 2003

CCME Conference, Athens, 1 November 2002 4 Conference Programme

CCME Conference Friday, 1 November 2002, Athens “Irregular Migration: a Challenge to European Migration and Asylum Policies” The Conference was public, it was sponsored by the Greek Ministry of Culture and the Deputy Minister of Public Order Mr. Evangelos Malesios 10.00 Welcome by Rev. Dr. Martin Affolderbach, Moderator of CCME Opening by His Grace, Yoannis of Thermopylae 10.20 The Greek European Union Presidency and the issue of Migration and Asylum. Mr Constantinos Skandalidis, Minister of Interior, Public Administration and Decentralisation of Greece 10.50 An Area of Freedom, Security and Justice in Europe, a comprehensive approach – the balance between opening Immigration channels and restrictive measures Mrs Eleni Tsetsekou, Council of Europe, Dept. for Social Cohesion/Migration and Roma/Gypsies Discussion

B er 12.00 Address by His Beatitude, Archbishop Christodoulos of Athens and All Greece 12.15 Churches facing the Phenomenon of Irregular Migration in Europe Mrs Doris Peschke, General Secretary of CCME

14.15 Migration and Security Policy by Mr Evangelos Malesios, Deputy Minister of Public Order 14.30 Irregular Migration in the case of Greece Mrs Maria Papantoniou, KSPM , Greece The “Sans Papiers” in France, Mr Jean-Marc Dupeux, Cimade/France The Platform for International Cooperation on Undocumented Migrants PICUM, Dr Pieter Muller, Netherlands Discussion 16.00 Closing, departure

CCME Conference, Athens, 1 November 2002 5 and Roma resp. Gypsies of the Council of I. Opening Europe. Unfortunately, a representative of the a) Welcome by Rev. Dr. Martin European Union, who was also expected Affolderbach, Moderator of CCME for our conference, had to cancel his participation. I would like to welcome all of you to this conference on “Irregular Migration: A I am happy that the General Secretary of Challenge to European Migration and CCME, Ms. Doris Peschke, will contribute to Asylum Policies”. our conference from the perspective of our work in CCME. This issue is becoming a more and more important topic in countries all over I would like to welcome Ms. Maria Europe. We are not only concerned by the Papantoniou, a researcher working with problems caused by irregular migration, the Integration Centre for Migrant Workers but by the large number of individuals here in Greece; Mr. Jean-Marc Dupeux who live – for different reasons - amongst from CIMADE, a church related refugee us in a non regular status and the fate of organisation in France and Mr. Pieter these people. Muller from the Netherlands, former General Secretary of CCME, who will also My name is Martin Affolderbach and I am contribute this afternoon from their the chairperson of the Churches’ respective countries. Welcome! Commission for Migrants in Europe. CCME – founded in 1964 - is an organisation of This conference takes place in conjunction th General Assembly of the churches, ecumenical councils and church with the 15 related agencies in more than 14 CCME which will be opened tonight on the European countries. island of Aegina. We are very pleased and happy that we got an invitation by the It’s a great pleasure and honour for us to Holy Synod to hold our General Assembly hold this conference together with the after 20 years again in Greece. I am sure Holy Synod of the Church of Greece and its that we will have a good and fruitful Integration Centre for Migrant Workers. It Assembly on Aegina in a very beautiful is also a great honour for us to have in our and pleasant surrounding. midst His Beatitude, Archbishop Christodoulos of Athens and All Greece Last not least I would like to thank Mr who will address us later this morning, Antonios Papantoniou, and those who and his Grace, Bishop Ioannis of opened this conference hall for us today Themopylae, who will speak next to me and all who contributed to the preparation and open this conference. and the welcoming atmosphere of this meeting. We already experienced your I convey my sincere gratitude and my warm hospitality and the one of this nice thanks to the Ministry of Culture and the country. Deputy Minister of Public Order, which support this conference considerably. Mr. I hope that the contribution to our Constantinos Skandalidis, representing the conference and our exchange will not only Greek Minister of Interior, Public improve our understanding of the issue Administration and Decentralisation is “Irregular Migration” and promote public amongst us and will also contribute to our awareness and better strategies but also theme today. serve in particular the people we are talking about, their well being and their It is also a great pleasure for me to hope to live in security and dignity”. welcome Ms. Eleni Tsetsekou, representing the Department of Migration

CCME Conference, Athens, 1 November 2002 6 b) Welcome by his Grace, the Rt. Rev. who graciously accepted to share with us Ioannis Thermopylae, Abbot of the today her invaluable experience and Monastery of the Dormition, knowledge of migrant issues. I also thank Pendeli all other speakers, and foreigners, who will present us with the quintessence Your Excellency, of their long experience and knowledge Mr. General Secretary, and discuss it with us. Rev. Fathers, Today’s Conference is being Ladies and Gentlemen, organized on the occasion of two events: Allow me to begin by welcoming a) the 15th General Assembly of you all to today’s Conference, and CCME, which is to begin this evening in especially our distinguished guests, the 45 Aegina, and the forthcoming Greek representatives of Churches and Church Presidency of the European Union. The Organizations from 18 European countries, Church of Greece decided to take members of the Churches’ Committee for advantage of the opportunity offered Migrants in Europe, who are with us by this concurrence and by the today. presence of 45 distinguished CCME representatives from 18 countries, In the name of His Beatitude, experienced in the field of migration to Archbishop Christodoulos of Athens and provide a forum for the exchange of All Greece, I welcome you to Greece; I information and for dialogue that could welcome you to Athens; I welcome you to prove useful not only to those who daily the Church of Greece, and especially to labor in facing the needs and problems of the Church of Athens, and I wish you a migrants and refugees, but also to those pleasant and blessed stay. I also welcome representatives of the Greek Government you to this Conference and ask for your and State who are burdened with the active participation in its work. responsibility for issues concerning I also wish to thank all of you who Migrants and Asylum, and for issues willingly responded to His Beatitude’s concerning the fostering and creation of a invitation, not only to listen, but also to “new space for freedom, security and contribute, with your invaluable justice” in Europe, especially on the eve of knowledge and experience, to the issues Greece’s assumption of the European that will occupy the attention of today’s Presidency. Conference. On behalf of the Archbishop I It will be important for those who should like to thank especially their work in, and contribute to, the field of Excellencies, Mr. Skandalidis, Minister of ministering unto Migrants and Refugees, Internal Affairs, and Mr. Malesios, Deputy to know the intentions and the program Minister of Public Order, for the readiness that the Greek Presidency intends to with which they accepted the Church’s implement to further shape the European invitation to set aside some valuable time policy on Migration and Asylum. I also from their heavy schedule and to be with believe that the representatives of the us here today in order to share with us Hellenic Republic will equally be their thoughts and their programs on the interested in hearing your views, concerns issue of migration, especially in light of and proposals, given that these views and the forthcoming assumption of the proposals are the quintessence of decades European Union’s Presidency by Greece. of experience from daily contact with all I also thank Ms Tsetsekou, the categories of the “uprooted”. It is representative of the Council of Europe, therefore my conviction that today’s who, by the way, is of Greek descent, and Conference will be most useful to all.

CCME Conference, Athens, 1 November 2002 7 In concluding allow me to express CCME for accepting to organize this the opinion that it is most important for Conference together with us. And to the the future of Europe that decisions be staff of the CCME go our warmest thanks taken with transparency, with dialogue, for their participation in its organization. with respect to certain historically and Special thanks go to Ms Trakada, culturally formed particularities and with Counselor of the Deputy Minister of Public the democratic participation of society’s Order, for her contribution, which Dr. citizens. If today’s Conference succeeds, Papantoniou tells us was invaluable even in a small measure, in contributing towards the success of the Conference. I towards this goal, it will be a cause for thank the sponsors who covered part of great joy on the part of its organizers. the costs of this Conference and more specifically the Ministry of the Interior and On behalf of His Beatitude, the the Deputy Minister of Public Order, Mr. Archbishop, I thank all of the collaborators Malesios who is also hosting today’s of the Integration Centre for Migrant dinner and wish all success in the work of Workers (KSPM) of the Holy Synod who this Conference. Thank you. labored to organize this Conference. I thank the Executive Committee of the

CCME Conference, Athens, 1 November 2002 8 and economic developments, has served II. The Greek European Union as a catalyst in developments that have Presidency and the issue of taken place in a time-transcending, social, Migration and Asylum economic and cultural phenomenon: the migration of populations. Mr Constantinos Skandalidis, Minister of We all recognize that we live in an age of Internal Affairs, Administration and great migratory movements. Unequal Decentralisation development intensifies ethnic, economic and social inequalities. The demographic a) The problem and the challenge explosion in many areas of the underdeveloped or developing countries, Your Grace, the devastation of large areas of our Reverend Fathers, planet, increasing urbanization, the Honourable Guests, languishing of large populations under Ladies and Gentlemen, totalitarian and intolerant regimes, flash- I should like to begin by points of geo-strategic clashes and congratulating the Church of Greece and geopolitical interests increase by the Churches’ Commission for Migrants in geometrical progression the pressure Europe (CCME) on their initiative to upon people to migrate and make all the organize this Conference. It is my belief more complex the combating of this that such initiatives greatly contribute to phenomenon. the broader dialogue that has begun on a Alongside the traditional flows of global level over the great issues of our migrants that usually have to do chiefly times. And indeed for a Church whose with economic migrants and migration in anthropocentric ideology enables her to the frame of the family, new types of take always a humanistic stand vis-à-vis migration are emerging, such as those of these problems, it is my opinion that her political refugees, repatriated, seasonal contribution to the solution takes on a migration and the migration of high very decisive character. skilled labour. Thus, along with the large I shall divide my speech into two migration of populations, we are parts: experiencing the appearance of The first part deals with the dimensions of multiethnic and multicultural areas and the problem and with its description on a cities. This lends to the phenomena of global, European and Greek level. migration an international dimension of such significance similar or even greater The second part concerns the policy than it possessed during the period of applied to this truly important problem by trade in raw materials, in that of great the Greek Government - a problem that is, discoveries and in that of industrial at the same time, a great challenge for competition. And, of course, beyond the the contemporary world. economic indices, beyond the factors of The deep changes that have taken place production and the popular macro- during the last years are not simply an economic figures currently en vogue, opening up to a new age. They are also beyond the issues arising from the shaping the new face of the world to of markets and the new come. They adorn in new colours, economy, the face of human need and situations of former times, already suffering, the problems of social familiar to and experienced by mankind. integration and the procedures for the The opening up of borders and global issuance of residence permits and interdependence, a result of technological legalization become all the more dramatic

CCME Conference, Athens, 1 November 2002 9 and complex. These problems become all insertion with parallel respect for diversity the more acute and difficult to be solved, and multicultural distinctiveness constitute when combined with procedures of illegal major contemporary challenges on the migration, that take on huge dimensions path to European integration. and test the balance between the defence From a common awareness of migration of legal order and the well intended as a European problem to the decision to national interests on the one hand and form an integrated common European the expression of social solidarity that position and policy, significant steps have must govern a humanitarian approach and been taken. policy. Even though, from the middle of On the other hand the flow of the 1980’s, there began a formal immigrants, despite the problems it may collaboration between the European create, contributes positively to many Member-States on matters regarding aspects of development and to the migration, migration policy as a distinct, productive composition of each country’s separate policy of the EU was essentially labour force. Alongside the problems introduced by the Treaty of Maastricht in created by illegal labour, unequal 1992 and more concretely shaped by the opportunities, difficulties in integration Schengen Treaty. The Treaty of and assimilation of immigrants, there is Amsterdam in 1997 for the first time the creative contribution to the labour established the European Union’s market, to the meeting of needs, to the competency in matters of migration and regional dispersion of a new and asylum and introduced certain initial complementary human capital. clauses, on the basis of which Consequently the reception of arrangements were agreed upon between migrants in a country and the formation the European Union and third countries. of presuppositions for their integration By way of implementation of the within their new conditions constitutes at articles of the Treaty of Amsterdam, the the present time a gauge by which to European Council of Tampere in October of measure the political and social 1999 called upon the European humanism of the developed countries. At Commission to present, among other the same time it constitutes a very things, measures that would contribute to interesting and crucial field in which to the creation of a “European space without apply policies with insight and flexibility internal borders”. Responding to this so that the negative “balance” of the request, the Commission initially phenomenon of migration be transformed presented a scoreboard of actions with an into a positive one, into a fruitful, and analytical time table for the productively renewed and dynamic implementation of the measures reality. proposed, renewed every six months In concluding my remarks about recording the progress achieved. the international dimension of the This step, extremely urgent for the problem, I wish to state that I believe that further development of Europe, is not an the Church, by the very nature of the easy matter, since its path is strewn with problem, has both, an obligation to many obstacles chiefly in regard to European Developments models, practices, and concepts. In regard to European At the European Summits, together developments managing the influx of with those decisions that in some way migrants, combating of illegal migration, unify proclamations and goals and and developing of a better example for announce common policies, impossible

CCME Conference, Athens, 1 November 2002 10 obstacles also come to the fore, resulting trust and self-confidence that the Church from differences in national policies and should display, certainly leads her to practices. Especially at the Seville Summit positioning herself on the only correct side the political position of the European of this juxtaposition: on the side of Union (as expressed in policies and progressive ideas. Here there is a “field proposals extended over the entire for great glory” in dealing with such a spectrum: From the strengthening of great matter. external border controls (i.e. the concept of “Fortress-Europe”), the mass b) The Greek Distinctiveness deportation of illegal migrants, and even the imposition of sanctions on the sending The flow of immigrants began to make its countries (proposals of Britain, Spain and appearance in Greece only during the the Netherlands), to policies of middle of the decade of the 80’s but management and control of migratory assumed great proportions during the needs and influx, as well as social and 1990’s. We here in Greece have economic integration. experienced a very deep change. Within only a few years Greece has undergone Beyond these differentiations an important transformation: from a however, in nearly all the European country that for decades sent forth countries, racist phenomena and migrants, has changed into a receiving xenophobia, often accompanied by country. extreme acts and manifestations, have been recorded. Since 1994 European This rapid increase in the mass of public opinion seems to have become immigrants during the decade of the 90’s aware of the problems that threaten to resulted in our country being called, at a revive situations that have historically difficult time for its economy conjuncture been overcome, ideologies and positions – adaptation of the economy to the ONE which left an indelible mark on Europe criteria - to face urgently a problem, that during the period between the two World many other EU countries had plenty of Wars. During the Gallo-German Meeting time to deal with. on racism and xenophobia held at In the beginning, under the force of the Mulhouse in 1994 it was decided that the events, our efforts were more along the European Union, together with issues of line of adopting policies restricting entry finance, commerce and economy, must and working permits and less in the create its own identity on the basis of the direction of integration and insertion into protection of human rights and on the the local societies and economies. basis of an ethical stand according to the principles of universal social humanism. Our geo-strategic position in South Eastern The result of these positions was the Europe, our comparative superiority in the official establishment at the European Balkans, our proximity to unstable and Council Meeting in Kerkyra (Corfu) of a volatile areas and the geography of our Consultative Commission charged with borders, especially in the area of our making recommendations on combating islands, quickly made our country racism and xenophobia (the RAXEN “privileged” both in its attracting Committee) and the Proclamation of Nice economic migrants as well as in the in 2000. appearance of illegal migration. Let me mention a few statistics. Today Yet another challenge for the Church: Greece has: The value of human life, the equality of all men, the defence of difference and pluralism indicating the

CCME Conference, Athens, 1 November 2002 11 - One of the highest percentages of enrich the laying out of policies so that migrant population (approx 7-7,5%, they can actively deal with both including citizens of the EU); existing as well as with future migration. - The highest percentage of illegal The legal and real status of the aliens immigrants; legally and illegally residing and working - Until recently, the lowest stock of legal in Greece testified to the need for a immigrants (until the Presidential specific, explicit and integrated policy to Decree of 1997 and L. 2190/2001 that deal with the phenomenon of migration. legalized the immigrants); We desire a policy that will shape mechanisms sufficient to direct the - The largest concentration of sending inevitable influx of migrants coming to countries (from the Middle East, our country to where the real needs for a Southern Asia, the Balkans, , labour-force exist, and which needs and from Northern Africa) leading to cannot be met by indigenous workers, the greatest diversities among the and at the same time will discourage migrant groups in regard to their migration, when the alien has no descent, religion and cultural identity. prospects of finding legal employment. A The predominance of groups among policy, however, that will chiefly create a the immigrants belonging to “the sufficient frame of rights and obligations working age”, whose occupational for the migrants, supported by a suitably insertion, as holds true in other organized informative and “educational” Southern European Countries, was campaign, so as to facilitate their smooth connected to the insertion into Greek society. widespread shadow economy. This policy came to be implemented by a If along with these facts we take into series of laws, chief among which is the consideration that: recent immigration law 2910/ 2001 - according to the estimates of the entitled: “The Entrance and Residence of United Nations, in Greece by the year Aliens in the Greek Domain. The Obtaining 2015, 3-3,5 million people out of a of Greek Citizenship through total population of 14,5 million will be Naturalization and other Regulations.” foreigners, This law aims to safeguard the basic individual, social and working rights of the - already in view of the demographic illegal immigrants. Also, through the contraction, the annual percentage of decentralization of the system whereby birth of children belonging to migrants resident permits are issued, the law seeks is approx. 15%, i.e. approx. twice that to modernize the process by doing away of the general percentage of the with time-consuming procedures and migrants themselves, bureaucracy. At the same time it also - the rate of growth can be seen in the offered to the immigrants illegally number of pupils in elementary and residing in Greece a second opportunity secondary schools where the 47.700 for legalization. Thus, save the restriction alien pupils in 1995 had, by 1997, of entrance, with this new law we have increased to 67.200, for the first time an integrated policy - it becomes evident that the governing the integration of immigrants. magnitude of the flow of immigrants Yet, bureaucracy, the lack of coordination and the diverse influence it exerts and the dysfunctional operation of the upon the economy and society make State continue to present a discrepancy imperative the need to adapt and between expressed political intention and

CCME Conference, Athens, 1 November 2002 12 applied policies. And to these problems, from when our mothers and fathers stood the massive wave of illegal immigration, on the piers of the harbours of our islands strong when compared with the and waved good-bye, in a manner percentage of legal immigrants and with reminiscent of a funeral and all that it the situation in other countries, comes to entails, to the migrants leaving en masse make its exacerbating contribution. for Australia and America. This so far as concerns the dimensions of The second principle concerns the the problem. The question is: “What do universal application of legality and the we do about it?” On this question, also, I rule of justice that imposes respect for the wish to make myself specifically clear. laws and the Constitution through the combating of illegal immigration and the c) Our principles and our aims National protection of our borders, so that the Migration Policy covers all the spectrum security and the social cohesion of the of the policies and activities relating to country is not endangered. The principal the entrance, the residence, the living of legality is one thing and the caring for and working conditions of the migrants illegal migrants quite another, something who in every case are for which a progressive State that respects incorporated into the aims, priorities and human life must take all suitable needs of the country. It has a clear measures to ensure. understanding of the processes that occur We are obliged to confess that it is not an on an international and regional level and easy proposition to maintain a balance give rise and sustain the flow of between the two principles that I have immigrants. And like every policy it must mentioned. A balance between our duty be governed by certain principles. to manage legal migration and our obligation to combat illegal migration, At the very heart of this policy then, there between the promotion of integration and are two dominant principles. The first is insertion on the one hand and the the dedication to an open and democratic discouraging of illegal migration on the society, not only in relation to the type of other; the creative contribution on the one social organization, both present and hand and the control of the migratory future, but also in relation to the social flows on the other. The progressive stand and cultural tradition of Hellenism. that stems from our constant opposition Hospitality (philoxenia) and tolerance are to any policy of discrimination two characteristics that the Greek Nation whatsoever, simultaneously dictates to us has, throughout history, from the time of the need for equality before the law and its very appearance on our planet, carried before the State; this again is reflected in upon its shoulders. common rights, as well as in common The concepts of tolerance and respect for obligations. Illegal migration turns first of divergence have, from antiquity, all against the legal migrants and permeated our classical civilization and overturns social balances and can create a our traditions. These concepts, which have situation that can get out of control. been carriers of ideas even within the Within this frame our Migration Church itself, throughout its historical Policy: course, must prevail as the first principle. Moreover, not much time has elapsed In accordance with international treaties, since Greece herself experienced, as a the Charter of Fundamental Social Rights sending country, the great flow and and the Greek Constitution, respects currents of migration, and we must never human rights, and applies the principle of forget that not much time has elapsed equal treatment to all its citizens and to

CCME Conference, Athens, 1 November 2002 13 all those aliens legally residing in the combating illegal immigration and country. towards controlling the flow of migrants, and less towards the policies of social Is consistently dedicated to combating integration. Within these frames, despite xenophobia and racism through the the fact that the policy announced was an acceptance in practice of cultural, racial ambitious one, matters relating to legal and religious differences and through the immigration and to the strengthening of formation of terms and preconditions for the policies relating to integration for the assurance of social adhesion. citizens of third countries and to the Adopts policies of collaboration with the formation of common policies is countries of origin for the eradication of progressing slowly. the causes that create migratory flow, and More specifically: with the countries of transit in order to discourage the illicit traffic of people. + Proposals for directives for legal Continuously presents the problem of immigration have not as yet been migration as an urgent and dominant adopted. issue before the European Union and The European Commission has presented strives constantly for the adoption of a a series of proposals for directives: common stand and policy for dealing with it. The Greek borders, like those of every - On the family reunion other Member-State with third countries, - On the status of migrants with long- are European borders and this makes the term residence regulation of the flow of migrants an - On the preconditions for entry and issue for the European organs. residence of citizens of third countries Within this framework our aims are clear: for the purpose of lawful employment We desire an integrated management of - On the issuance of resident permits to the flow of migrants; victims of human trafficking who We desire a real social integration; this is cooperate with the authorities. why we are developing operational + The Council and the member-States programmes for culture, education, labour have focused their efforts mainly upon market, medical care, for all things; combating illegal immigration and human And at the same time we want to trafficking. Already proposals for directives strengthen the borders of our country, so are under development¨ as to discourage illegal immigration, both - on the liability of those who because our country is small and the transport illegal migrants possibilities of reception are limited. We are not against receiving immigrants. - on the illegal entry and residence of Besides equality before the law however, aliens we want our country to be able to support - on the mutual recognition of its population. And this is something most decisions of deportation. significant for us. + One of the most significant I should now like to briefly refer to the developments within the last semester aims of the Greek Presidency. has been the recognition, on a European level, of the need for exerting common d) The aims of the Greek Presidency efforts in order to strengthen the external borders of the European Union and the It is true that recently the European Union turned its attention chiefly towards

CCME Conference, Athens, 1 November 2002 14 rational distribution of the burden among - Measures for the correct distribution of all the Member-States. the burden among the Member-States. The European Commission, in cooperation - Measures for the creation of a with the Spanish Presidency, that mechanism for funding the preceded ours, and the Member-States, deportation and readmission of illegal assumed a series of initiative towards this immigrants to the countries of transit end. and origin. Acting upon the conclusions of the - Measures for combating illegal Summit Meeting held in Seville, the immigration by sea, especially in the Danish Presidency drew up a Road Map in area of the Mediterranean. which the aims of the European Union in The immediate promotion of the creation matters of migration are laid out, as well of a European Observatory for Migration, as the specific measures that have to be as a basic nucleus for the collaboration of taken in this direction, including the the Member-States for the gathering and timetable for its implementation until the exchange of information and for the European Council in in June of formation of conclusions concerning the next year (2003). The Greek Presidency trends in the flow of migrants. must place before the leaders of the Member-State a Progress Report. e) Towards a European Framework for Greece as the next Presidency commits a Common Migration Policy herself to work for the realization of the goals adopted at Seville as they are It is obvious that our national policy on described in the Road Map issued by the migration is not only harmonized with the Danish Presidency. By June of 2003 the analogous European developments, but directives for Family Reunification, most even more importantly contributes to the significant for social integration, as well as acceleration of the steps leading to a the directive for long-term residents have European Framework for a Migration to be adopted. The completion of these Policy. Proposals for directives will constitute an In regard to these steps our positions are immediate priority for the Greek absolutely clear: Presidency. Moreover, during the Greek Presidency it is expected that much We believe that a real Common Policy on greater steps will be taken towards Asylum and Migration, in order for it to advancing the proposals for directives for become a reality by 2004, on the basis of working wages and residence permits for the time schedule of Tampere, demands a victims of illegal migration, as well as speedy development of “a European area towards advancing a series of other without internal borders and with a propositions now in progress. common will to protect its external borders”. At the same time, we shall advance initiatives that are still pending and that There is an immediate need for The are related to matters of major interest European Charter of Fundamental Human for Greece, such as: Rights, which constitutes the contents of the panegyric proclamation of Nice, to be - Measures for the control of the incorporated into the body of the Treaties External Borders of the European of the European Union with all that this Union and for their common entails for its Member-States, for their administration. institutional framework, for their administrative and legal systems and for

CCME Conference, Athens, 1 November 2002 15 their individual national policies. This f) Conclusion incorporation will prove to be the first and decisive contribution of the progressive Concluding, by way of an Epilogue, Europe to the institutional fortification of and despite the fact that it is well known contemporary Democracy and will that I am fanatically in favour of keeping drastically weaken the policies of the roles of Church and State distinct and discrimination, racism and xenophobia: independent, I shall discreetly try to factors that constitute a constant threat. venture into Church affairs. Please allow me to do so. We are for “communitifying” matters that concern the migration policy, by having The role of the Church on this issue the European Union’s organs assume can prove to be not only positive but even complete competency; by instituting catalytic. For, anthropocentric ideology is purely Communautary and European not only that which I mentioned at the measures; by adopting decisions taken on beginning of my paper, the care for most of the issues by special majority; by suffering people, that is a humanism strengthening the role of the European manifested through the philanthropy and Court and the European Parliament in care, which is practiced in the Athenian dealing with issues of migration; by neighbourhoods or in other areas and incorporating the European Policy on contributes and can contribute even more Migration in the external Affairs of the effectively in the proper social integration European Union and in the resulting of immigrants. It is my contention that the common position of the European Church can have a wider contribution in Countries towards third Countries. This supporting a truly progressive viewpoint. procedure will determine and direct the And this contribution refers to democracy, search for a new balance and distribution both now and in the future. Because the of competencies between the Community ideological content of humanitarianism organs and national options and policies. protects Democracy from limiting individual human rights and freedoms; it This policy takes on a serious economic protects Democracy from restricting dimension, since its implementation is not obligations. And, of course, it contributes feasible at this time - given the amount of to the welfare of its citizens. I think, funds available. The European Organs therefore, as I said at the very beginning, must establish the means and determine there is “a field filled with bright glory” the resources to be made available, if for the Church, and for this reason, I they want to talk about a real policy and should like, once again, to express my not to limit themselves simply to rhetoric congratulations on this initiative to the and to expressing wishes. Church of Greece and to the CCME, and to The total of these positions could wish all success in the work of the constitute the basis for the formation of Conference and of your General Assembly, that which I have called the “Framework hoping that with my position paper I have for a Common Policy on Migration in provided fuel for a real discussion on the Europe”. Our Country, in light of its policies pursued by the Greek Government assumption of the Presidency of the with an aim for all to achieve the same European Union, will advance this goal, which is no other than a better life procedure with all its might. It hopes to for all people. incorporate within the Conclusions of the Translated from Greek original European Council in Thessaloniki, concrete directions and commitments for accelerating and completing this procedure.

CCME Conference, Athens, 1 November 2002 16 procedures with certain provisions of the III. An area of freedom, security and justice European Convention of Human Rights. Let in Europe, a comprehensive me just recall a very recent case: Boutlif approach – the balance between vs Switzerland of 2 August 2001, won by opening immigration channels the claimant who had been refused a and restrictive measures residence permit although he was married to a Swiss national. Mrs Eleni Tsetsekou, Council of Europe, Furthermore, the CPT, the European Dept. for Social Cohesion/Migration Committee for the Prevention of Torture and Roma/Gypsies and Inhuman or Degrading Treatment or Punishment has visited several detention The Council of Europe, as a human rights facilities for aliens deprived of their liberty organisation, is very concerned about the under the national aliens legislation. It has extremely dangerous conditions in which published several critical reports about its many illegal migrants (especially women findings, also regarding the conditions of and children) find themselves. Illegal administrative detention of asylum- migrants risking their life to reach a seekers. country where they think they will be able to have a better life may in fact be Last year - in the light of the increasing victims on three counts: number of cases in our organisation's Member States in which forced expulsion - Victims of the economic and political was carried out with a shocking lack of crisis of their country of origin which respect for human dignity - the Council of drives them to seek basic livelihood Europe, jointly with the Office of the and social advancement elsewhere; United National High Commissioner for - victims of traffickers and mafia who Refugees, drew public attention to this take advantage of this aspiration and painful subject. Equally, the Commissioner have found a way of diversifying into for Human Rights, Mr Gil Robles, strongly more lucrative criminal activities; criticised that the methods used before and during deportation in certain cases - victims of the exploitation to which violate human rights. they might be subjected once they arrive in the country of destination, if The first recommendation of the they do arrive. Commissioner for Human Rights deals with the rights of aliens wishing to enter Their clandestine situation in the host a Council of Europe Member State and the country often deprives them of their civil, political and social rights and affects their enforcement of expulsion orders. human dignity. Furthermore, by The Council of Europe Parliamentary enhancing national anxieties and Assembly with the Recommendation 1467 xenophobic tendencies, the presence of (2000) on clandestine immigration and clandestine immigrants also puts at risk the fight against traffickers stresses that the integration of regular immigrants and, European countries cannot at the same indeed, social cohesion at large. time increase their restrictions on immigration and reduce their overseas The European Court of Human Rights has development assistance. on several occasions dealt with cases relating to asylum seekers, refugees or The recent Committee of Ministers’ other migrants and with the compatibility Recommendation on the security of of national admission and expulsion residence of long-term migrants (Rec (2000)15), recommends that member States grant independent secure residence

CCME Conference, Athens, 1 November 2002 17 status for the family members after five therefore be accompanied by intensified years of residence. co-operation among States to effectively combat human trafficking. Only thus can It also recommends that family members this modern form of slavery be should be protected against expulsion or eradicated. Effective action is needed to deportation based on death, divorce or counter the increasingly international desertion after three years at the latest. dimension of trafficking, slavery and Article 8 of the European Convention on forced prostitution. It has also recently Human Rights, which guarantees the right decided to launch the preparatory work to private and family life, places strict for a Convention against Illicit Trafficking limits upon the expulsion or deportation in Human Beings. The Council of Europe is of persons with established family or determined to combat this plague. private life in a State. In the absence of any criminal activity, the case law of the The management of migration, legal or European Court of Human Rights suggests irregular, is a political challenge. Council that it will be hard for a host State to of Europe strategy of migration justify expulsion of a family member. management adopted in 2000 The Council of Europe Convention for the emphasises that the protection of Legal Status of Migrant Workers is individual human rights is the basis of designed to supplement the protection management. It strongly supports afforded by the European Convention on measures to integrate foreign populations, Human Rights and the European Social while accepting that integration is a two- Charter and it is based on the principle of way process. At the heart of the strategy is equality of treatment between migrant the conviction that many of the migration workers and nationals of the host country. problems now confronting governments After some years in the shadow, the have resulted from a piecemeal approach situation of migrant workers from Central to specific problems, such as the economy, and Eastern countries could shed a new asylum, illegality or return. This approach is light on the text and make it attractive to no longer sustainable. A management some of your countries. It is a step strategy should be regarded as a forward to European integration since it comprehensive whole, to be applied over facilitates negotiations with EU countries. the long term. Measures have to be applied With the Convention on social security as a complete package: failure to do so will (ETS N° 78), it constitutes a 'package' of only replicate the mistakes of the past legal provisions that cover the social where action in one direction has served rights of the immigrant: residence and only to create new problems from another A work permits, family reunion, housing, proposal for a European Migration conditions of work, the transfer of observatory is under active consideration savings, social security, social and medical as an instrument for implementing the assistance, expiry of the contract of strategy. The proposed observatory could employment, dismissal and re- have an important role to play as an employment, and preparation for return instrument for to the country of origin. (a) observation (coordinating data Obviously, the restrictions on lawful collection on migratory flows, immigration introduced by European assessing challenges and trends in the countries increase the recourse to the field of migration) and analysis services of unscrupulous traffickers. (common understanding and Reinforced security measures and control diagnosis of collected data), mechanisms at the European borders to apprehend clandestine immigrants should

CCME Conference, Athens, 1 November 2002 18 (b) communication and dialogue for The successful management of migratory partnership (sharing best practices on flows requires that all parties concerned – migration management, exchanging including countries of origin, transit and information on the admission destination, regional bodies, international regulations, including legal work organisations, and non-governmental possibilities), organisations – join their efforts in creating a more positive international (c) action (developing common policy climate for the effective management of instruments, providing tools for migratory flows. estimating future migration), and (d) fund-raising (promoting investment in areas such as the Mediterranean region in favour of migrant populations).

CCME Conference, Athens, 1 November 2002 19 During the twenty years that have IV. Address by His Beatitude, elapsed since then, many things have Archbishop Christodoulos of changed. Our country, together with other Athens and All Greece countries from the European South such as Italy, Spain and Portugal, has First of all, allow me to welcome unexpectedly – and hence without you all to our Country and to the Church of preparation – changed from a country that Athens and to express my regrets for not was a reservoir and exporter of labour being able to be with you from the very force into a country receiving immigrants, beginning of today’s Conference. Our legal and irregular, and indeed in such Church today honours the memory of the great numbers as to make up from 8 to Holy unmercenary Saints Cosmas and 10% of its population. According to the Damian, who were doctors and are called official statistics issued by the National “unmercenary” because they offered their Statistics Service, Greece’s total medical assistance to the ill free of population in 2000 was 10,964,020. Of charge. Duty summoned me to celebrate these, 797,091 or 7.27% of the population the Divine Liturgy at the Church of the was composed of foreigners. Unofficial “Gennematas” Hospital and then to figures provided by NGOs and the address the doctors. It was for this reason scientific community raises the alien that I asked the Abbot of the Sacred population to 10%. Monastery of Pendeli, His Grace, Bishop In its overwhelming majority this Ioannis of Thermopylae, to represent me alien population was originally composed and to convey my thanks to all those who of irregular migrants (the mass media has have made this present Conference established the term “illegal immigrants” possible and to the speakers. I also wish to describe them), who lived in the to thank you personally for the readiness shadows and on the margins of Greek with which you accepted my invitation Society and were absorbed by the and for the personal contribution of each shadow-economy, by those branches of one of you towards the realisation of this the economy that are not strictly Conference’s purpose. This purpose was regulated, but also by Greek society at explained to you by His Grace, Bishop large. During the two great, praiseworthy Ioannis, and there is no need for me to and relatively successful opportunities repeat it. Also, you were told that this offered by the Greek Government for Conference has been organised in view of regularisation, approximately 600,000 the forthcoming assumption by Greece of individuals responded. There is still, the Presidency of the European Union and however, a significant alien population in on the occasion of the convocation of the our country, the size of which is difficult to Fifteenth General Assembly of the estimate, that for various reasons was Churches’ Commission for Migrants in unable, or did not want, to take Europe here in Greece. This is the second advantage of the opportunities provided, General Assembly of CCME to be convened and continues to live in an irregular in Greece, the first being CCME’s Seventh status. To these one must add all those Assembly which was held at Pendeli who in tens and hundreds succeeded in Monastery in 1982. At that time the illegally entering our Country from the General Assembly was also preceded by a North and the East and in bypassing the Special Conference dealing with a then legal entry procedures. To a great extent contemporary issue: Greek Migrant these migrants, among whom should be workers returning home from Western included many who have the right to seek Europe. asylum, were forced to seek the services of “smugglers of misery” traffickers and

CCME Conference, Athens, 1 November 2002 20 slave-traders, who, organised in to be bequeathed to, and to be seriously international networks, carry on without dealt with, by the Greek Presidency. any scruples, their new high profit, low We of course are concerned with risk occupation. It appears that these the matter as a Church. And as a Church it networks are successful for many reasons, is our duty to remind those who draw up since despite the strict control measures policies and determine the fate of people, taken by the Schengen signatory of certain beliefs and values, upon which countries, official estimates raise the the spiritual history, the cultural identity number of illegal migrants entering the and, as we would like to believe, the European Union each year to 500,000 in future of Europe are based. In this comparison to the 680,000 migrants who particular instance those values that enter Europe legally. It is not an concern us are: our perception of who exaggeration for one to claim that today man and what his society are, and our there is no country in the European Union understanding and attitude towards the that does not host irregular migrants. “stranger”. Europe today, appears to be living in a vicious circle: The stricter border controls The Orthodox Church understands man to become, the more the number of be created “in the image of God” and potential migrants or asylum seekers evaluates society on the basis of how resorting to the services of the trafficking close it approaches and conforms to the networks or the slave-traders increases. Church’s ideal and model for it: the And the greater the number of migrants communion of Love between the Persons succeeding in bypassing the existing of the Holy Trinity. In this loving barriers and controls, the harsher the communion or society of persons there is control-measures become. The victims in no room for the usual barriers or these circumstances are the real refugees prejudices based on sex, nationality, social who have difficulty and at times are even status, financial situation or religious faith. deprived of the opportunity to exercise The Apostle St. Paul in his Epistle to the their right to petition for asylum and Galatians (3,28) is quite explicit and protection - a basic right guaranteed them categorical on this matter. by international treaties; those who As concerns our stand or behaviour surrender their property and heirlooms towards the stranger, we here in the and who indenture themselves, possibly Southeast corner of Europe are defined by for life, to slave-traders; and of course all a dual heritage: our legacy from Ancient those who lose their lives in their attempt Greece and that bequeathed to us by our to reach the Promised Land. During the Christian faith. past decade more than 3,000 such instances have been recorded in which Greek civilization is famous for its lives were lost in attempting illegal entry behaviour toward the stranger and the into Europe, while no one can ascertain asylum seeker, and its understanding of just how many such case remain hospitality and asylum. The stranger is a unrecorded. friend and the asylum seeker or “suppliant” a sacred person. The stranger Therefore it is in no way strange or xenos is protected by “xenios i.e that the theme of today’s Conference is hospitable Zeus” and the asylum seeker or the issue that today, in one way or “hiketes” by “hikesios Zeus” or “Zeus another, takes up the attention of all of protector of suppliants and receiver of European Society. It engaged the supplications”. The sacredness of the attention of the Spanish Presidency; it stranger was further strengthened by the occupies the attention of the present ancient Greek belief that the gods often Danish Presidency, and it is most certain

CCME Conference, Athens, 1 November 2002 21 wandered through the cities in the form dishonoured because of his origin, but of a stranger in order to discern for rather insists that he be honoured themselves in which of these just because of his human nature. Christians administration and piety held sway and in should never forget the words of Christ, which of these “hybris” and impiety were that we are not His only “sheep”, and that dominant. Law even foresaw the there are others, which “are not of this persecution of those citizens who dared to fold” (John 10,16), and therefore it is transgress the sacred obligation of quite possible and natural that they may hospitality and asylum: hence the well be different from us. known “court trials for bad hospitality”. Our These principles and values are extremely Christian heritage is even more important for us in carrying on our radical. Christ was born as a refugee, He diaconia towards migrants and refugees, lived as a stranger, and He taught us, especially today, when our societies and through His Parable of the Good political parties quarrel over which Samaritan, to love our neighbour, who is migration policies are to be currently identified with the stranger. He assured implemented, especially after the tragic us, through His description of the Last events of September 11 and in view of Judgment, that our stand towards the the increasing problem of international stranger is of decisive importance in terrorism. Those responsible for our determining our justification and security and our freedom, have, in their salvation. In Christianity the stranger is efforts to combat terrorism, international not merely placed under God’s protection, organised crime, trafficking, sexual and as was the case in the ancient Greek other abuses of women and children - religion where he was entrusted to the crimes that have to be combated and, if care of “hospitable Zeus”: in Christianity possible, eliminated - turned their God Himself is identified with the person attention mainly to imposing controlling of the stranger! “I was a stranger and you measures and restrictions. Without having welcomed me” (Matthew 25,35); “as you any intention to contravene in the did it to one of the least of these, my distinctive roles between Church and brethren, you did it to me” (Matth. State, please allow us simply to refer to 25,40). And Christ of course makes no our experiences from the exercise of our distinctions in His definition of a stranger. diaconia: This experience is teaching us A stranger, one’s neighbour, is not only that the present policy of “zero migration” one’s co-religionist or one who shares the and of closed boarders, can neither same blood; neither is he only a combat the causes of migration nor limit compatriot, one who shares a similar migration as a social phenomenon per se. ideology, or someone with whom he is Present policies have contributed to “familiar”; he could also be one who is changing migration into “illegal totally different from us: one who migration” and have provided ground for confesses different religious beliefs and the appearance and activities of belongs to a different faith, adheres to a traffickers. They have rendered the different ideology, has a different skin migrants more vulnerable and have colour and is of a different nationality. pushed them into the nets of international Towards all these, a Christian owes organised crime. They have cultivated respect for their persons, acceptance of among our fellow citizens the their diversity, and acknowledgment of misconception that every migrant is a their equal honour and worth. For, as an criminal, thereby fostering feelings of anonymous commentator on Leviticus xenophobia and racism - fortunately for (19, 33-34) states: The Christian faith does our country without violent racist acts. not allow a man to be disparaged or Present policies threaten the social

CCME Conference, Athens, 1 November 2002 22 cohesion of our societies and develop a great importance, with the appeal that, class of people who are condemned to should it consider it to be expedient, it live in its shadow, who have no promote them during the Greek opportunities to exercise their human Presidency, which Presidency I pray will rights, and who day by day see their be successful as far as this is possible, human dignity deteriorating, their hopes given the existing political climate and for improving their lives through tensions at present in Europe. migration failing, and the migratory path The first request is that the Greek upon which they embarked in order to Presidency bring about a balance in fulfil their life’s hopes and dreams and to European policy on immigration and live in a civilized and Christian Europe and asylum. By so requesting it is not our participate in the valuable goods of intention to underestimate or dispute the freedom, equality and justice, terminating expediency and the usefulness of border at the police detention centres. controls. We agree that the European - Since I am quite sure that nobody is Union should be in a position to control happy with this situation, and even the inflow of migrants. We understand more so those who are involved in that the Council is justified in considering making decisions concerning such the effective control of its external policy and especially those who are borders to be of paramount importance. obliged to implement it; We share its concerns over the increase in human - Since all these trafficking and restrictive organised measures place crime, causing all of us who many to lose labour within their lives and the Church leading many before dilemmas more to and lead us into dependency and a conflict of to new forms duties, for our of slavery. faith obliges us We interpret to offer help to the fact that all those in at Laeken need, and and consequently to illegal migrants also; Seville the Council of Europe focused its by so doing, however, we violate the attention and interest chiefly on the law. Thus, our duty to God which, for combating of illegal immigration and us who believe, cannot be negotiated, human trafficking in order to give further and our duty to respect the law as impetus to the creation of a space for law-abiding citizens, as we also wish freedom, security and justice in Europe. It to be, come into conflict. is precisely for this reason that we would - Lastly, since we desire to live in a like to see Europe follow a more society that guarantees and offers the comprehensive, realistic and integrated preconditions for a peaceful and immigration policy. A policy that does not secure life: lose sight of the causes that force people I should like to, as a Church Leader, to abandon their homes, friends and put before the Greek Government two family and to flee in search of safety for requests, to which our Church attaches their lives and a way in which to secure the basic needs for their survival in

CCME Conference, Athens, 1 November 2002 23 foreign, and sometimes, inhospitable same does not hold true for little children. countries. A policy that doesn’t neglect A great responsibility weighs upon the the obligation to provide social and lawmaker when he decides, for example, economic integration, to guarantee basic that a minor child must wait five years - a rights and to ensure psychological balance quarter of his childhood - before he can and well-being for those migrants from be reunited with his family and once countries of the Third World who already again live with his parents. The reside in the European Union. A policy Integration Centre for Migrant Workers finally, that takes into consideration the (KSPM) of our Church has faced many fact that at this very moment there are family dramas and situations where hundreds of thousands of immigrants who serious psychological wounds had been are scattered throughout every country in inflicted upon families of Greek migrants the European Union and live under a from Germany when circumstances status described by law as being illegal. necessitated that the children be As a Church we believe that it is both separated from their parents. Many of possible and necessary that the European these wounds have never healed. Our Union find an opportunity to ensure that request is that the waiting period for these people finally gain the right to live children be reduced a much as acceptably with dignity and honour like free and law- possible. abiding citizens in a free and justly Allow me to finish with a more general governed country. The common appeal. We are discussing the issue of immigration policy of Europe now being emigration at a time when sustained shaped should be worthy of the cultural unemployment, social and economic and Christian history of our continent, a exclusion, poverty and organised crime continent that pioneered in the formation are terrifying the societies of Europe and of spiritual civilization and provided the evoking every kind of racist and world with the definition and the value of xenophobic reaction against foreigners. humanism. It should also agree with the Even in countries, such as ours, noted for vision that we all have for the future of their hospitable feelings, disturbing Europe. elements of xenophobic reaction are The second request is related to making their appearance. Our cultural the subject currently being discussed heritage imposes upon us the obligation regarding the reunion of the families of to provide an effective legal and immigrants from third countries legally institutional framework for protecting the residing in the European Union. For us as a fundamental rights of foreigners. Church, the family is of central However, the legal and institutional significance because it is the cradle of life. regulations, no matter how significant Moreover, our society, like other societies they might be for the foreigners’ of the European South and of the Balkans, integration into society, are but only one attaches great significance to the of the presuppositions and factors for institution and to the life of the family. For integration. For the effective combating of the migrant, the presence of his family discrimination against foreigners and for has tremendous significance. It is their dynamic social-economic considered his moral support and possibly incorporation into the society in which the only effective measure for preventing they have chosen to live, beyond legal possible undisciplined behaviour. Even measures the broad consent, agreement more important is the reunion of families, and co-operation of civil society are also especially when there are children. Adults necessary. The local self-government, the have the maturity and strength to social partners, the non-governmental suppress their feelings and wait. The organisations, the initiative of the citizens

CCME Conference, Athens, 1 November 2002 24 and most especially the church parishes emerging racism and to contribute to the should join together in a common effort creation of those presuppositions and in a harmonious but also critical necessary for the decent and creative collaboration with the institutional organs integration of foreigners, from which our of the State and of the European Union, in society will certainly benefit. order to withstand the various forms of Thank you.

CCME Conference, Athens, 1 November 2002 25 care, counselling and advice. However, V. Churches facing the phenomenon of due to very strict immigration rules in irregular migration in Europe Europe, it has become increasingly difficult to find adequate solutions. Mrs Doris Peschke, General Secretary of CCME b) Causes of irregular migration

Your Beatitude, Your Excellencies, Ladies The root causes forcing migrants to leave and Gentlemen, Dear Friends, their home are manifold: War and conflict, political, ethnic or religious persecution, Let me first of all express our sincere poverty and unemployment as well as gratitude to the Church of Greece as well natural disasters, droughts or lack of clean as to the Ministers of Home Affairs, Public water. While this is widely known and Order and , to host and acknowledged, international protection is sponsor this conference at the opening of th so far mainly granted on the grounds of the 15 General Assembly of the political persecution, temporarily in cases Churches’ Commission for Migrants in of war and to a lesser extent in cases of Europe. For us this is an important event, conflict within a country, or when persons as we have a privileged opportunity to have to fear torture or death penalty in discuss important aspects of the European their country of origin. Migration and Asylum agenda with the upcoming Greek Presidency of the The phenomenon in itself is not new: In European Union. And, as churches, to European history one can note remarkable express our high expectations for further migratory movements arising from similar achievements in the process of European reasons as from other regions today. harmonisation of migration and asylum Hunger and starvation led thousands of related legislation. people to look for a brighter future in the Americas or in the former colonies in Greece, as the other Mediterranean EU Africa and Asia. Religious persecution was Member States, is struggling with the the reason for large relocations within phenomenon of irregular migration, Europe. Political persecution and wars led particularly with the arrival of boat to thousands of people of European origin people. It is only one year ago, that the now scattered across the globe. Many European Commission has issued its used means which would be regarded as Communication a Common Policy on illegal today, some used even criminal Illegal Immigration. Since then, however, means. the Action Programme to Combat Illegal Immigration proposed by the Spanish It is against this background that we plead Presidency was already adopted in that migration, even if regarded as February 2002. irregular, is looked at with more passion and sympathy for the persons looking for a) Irregular Migration a better life. We hold the position that migration and looking for a better life is The phenomenon of irregular migration is not a crime. old and new at the same time. However, Irregular migrants do not see – and often irregular migration has dramatically do not have – a possibility for legal entry increased over the past decade. In many and residence in European countries. On countries in Europe, churches and their the other hand, they do hope for an social services are living up to this improvement of their lives when they relatively new challenge, assisting leave. Often they have heard of others persons in need with medical and social from their region, who are supposed “to

CCME Conference, Athens, 1 November 2002 26 have made it”. As for migration generally, left by smugglers and traffickers, if the root causes are similar: controls approach. unemployment and poverty, conflicts and In the case of the Mediterranean Sea, war, political persecution. boats and ferries are probably the main Irregular migrants often enter legally, but carriers. When coast guards arrive, then continue to stay without appropriate persons are simply thrown into the sea. permits. Sometimes this is due to a lack of Many have lost their lives over the past knowledge of legal requirements, more years; in the past few weeks, Italy and often it is due to the recognition that, if Greece witness again an increase in they applied for an extension of the deaths at their shores. These deaths from permit, they would be deported. time to time hit the headlines in news, but more often they occur without an Countries North and South of the outcry. Particularly coast guards, but also Mediterranean Sea are transit countries as other border guards, are placed in a well as destinations. With the stipulations dilemma: They have to implement the of the Schengen and Dublin Conventions, strict visa and immigration policy, which Portugal, Spain, France, Italy and Greece means rejecting as many persons as are required to take responsibility for possible. On the other hand, they have to these persons as they enter their territory. save the lives of persons. For this position, In order not to provide additional high qualifications and specific training incentives, however, they, like also and counselling would be needed, but this Austria and the Netherlands, have is not yet the rule, it is rather the introduced not only border control exception. measures, but also reduced health and social benefits to potential asylum d) Illegal employment seekers. As a consequence, irregular migrants, even if eligible for refugee Even if wages in illegal employment are status, are deterred from applying for low, for many persons fleeing from asylum and feel better off as poverty they seem high, partly also undocumented. The longer they wait, the because no taxes and social security are more likely it becomes that their asylum paid. Employers exploit this opportunity to application will be disregarded. Here we employ cheap labour and save social have a vicious circle leaving many security costs. This is detrimental to both, refugees in the orbit. the social security system and the states’ c) Smuggling and trafficking income through taxes. In addition, particularly in regions with high Due to stricter border controls, and for unemployment rates, this situation many almost impossible requirements to creates problems with local communities. be met when applying for a regular visa, Studies by the International Labour more and more persons turn to Organisation ILO indicate the paradox organisations smuggling and trafficking in situation: The demand for cheap labour is human beings. The stricter the controls met by irregular migrants, states in their become, the more the price for the endeavour to regulate and control journey increases. Not only do persons migration, make it increasingly difficult to pay large amounts of money to cross meet this demand. Therefore, smugglers borders, they also risk their lives. Hidden and traffickers exploit this labour market in lorries or boats not equipped for demand. And indeed, the majority of transporting human beings, large groups irregular migrants do find employment in of persons are carried across borders, and Europe. Therefore we might have to

CCME Conference, Athens, 1 November 2002 27 address the market mechanisms, if we ranges from drug and arms trafficking to want to find the right solutions for stealing and shoplifting using children. regulating migration, rather than Trafficking organisations are well- focussing solely on visa requirements. The organised criminal organisations. As ILO thus encourages a programme for trafficking has become a profitable decent employment as a means to business, profits are now exceeding drug address these issues. trafficking, assisting victims of trafficking has become dangerous as well. Traffickers e) New slavery regard the persons as their property, and any interference is penalised. Persons who resorted to trafficking organisations as a means to flee, children g) Recommendations: who were sold to trafficking organisations, or women attracted by 1. Presently the main focus to deal with false promises of a bright future, often irregular migration is stricter border find themselves in desperate situations. control as well as stricter visa Traffickers keep them in total requirements. This has contributed to dependence, often also threatening the increasing the price for irregular family in the country of origin. Many entry. To reduce the possibility of women and children are sold into making profits, we would like to prostitution, but also as domestic encourage exploring alternatives, like servants, offered as potential wives in easier and transparent access to visa, catalogues, or forced to work on building also short-term for the purpose of sites, restaurants and sometimes rather seasonal employment. A coordinated dangerous industries. They are kept in European immigration policy with locked rooms and houses, beaten, raped profound information on legal job and maltreated. They live in constant fear opportunities in various European and despair. countries and at all levels of skills Persons in such desperate situations do could also contribute to reduce not turn to public authorities or police for irregular migration. several reasons: The most important is 2. Access to Europe, particularly the certainly the threat by traffickers to European Union should be reviewed. retaliate on them or their families. While we are aware of the security Another reason is the fear to meet aspects, which need to be observed, corrupted officials; this fear might be in many situations visa requirements rooted in experience in their home for family and friends of third country country, as well as sometimes in the nationals are almost impossible to be present country of residence. met (financial guarantees, personal Apparently, new slave traders even hold guarantees, insurances). If these markets displaying their “goods”, even requirements could be made in a offering a “guarantee”, if the person is more transparent manner and with a not satisfied, he or she may return the possibility to be fulfilled, a fewer person and get an other one. number of persons would turn to irregular migration. f) Criminality 3. Particularly for refugees fleeing from persecution, fulfilling visa While the majority of irregular migrants requirements is extremely difficult. have only committed the offence to enter UNHCR has pointed to the fact that illegally, there are some who are used by quite a large number of refugees had traffickers for criminal activities. This

CCME Conference, Athens, 1 November 2002 28 to resort to traffickers and smugglers case yet in all EU member states, to leave situations of high risk and although slavery is prohibited. danger. It is therefore of importance 9. Humanitarian organisations assisting to ensure that the asylum system is victims of traffickers and irregular able to identify refugees and provide migrants in difficult situations ought necessary protection. not be criminalized and penalised for 4. Fundamental human rights must be doing so. We are extremely worried guaranteed for every person that in recent decisions of the EU on regardless of the status. This implies facilitating illegal entry and residence emergency health treatment, a right exemptions for humanitarian to education for children and the right organisations providing assistance are to shelter and food. not considered appropriately and remain optional. The same applies to 5. To free persons from slavery, they the measures against trafficking in need to be guaranteed rights. As long human beings. While we do agree as persons have to fear detention and with the principles to fight trafficking deportation, or worse even retaliation in human beings, there is an urgent on their family, they will remain need to protect the victims as well as dependent on traffickers. We would those who help them for welcome specific programmes of humanitarian reasons. assistance and protection for victims of trafficking organisations. As 10. Particularly for the Mediterranean traffickers work internationally, region, we would welcome if protection must be organised cooperation programmes would also internationally as well. provide for training and repatriation programmes in various countries. The 6. Trafficking is only possible with a churches in the Southern European certain amount of corruption. It is countries and in the Middle East have therefore important to address this for some years entered an exchange problem appropriately and at the on the problems of migration and various levels. Transparent asylum. They would be more than immigration procedures would help to willing to enter a deeper cooperation identify arbitrary decisions. If in these fields, providing information guaranteed protection, victims of and assistance to migrants and traffickers might be ready and willing refugees. But they lack the means to to assist in uncovering the criminal enter into needed longer-term networks. projects of e.g. training and offering 7. Particularly for women and children employment. who have become victims of 11. We are convinced that it will be trafficking specific programmes of important to inform a broader public assistance are required. Education and including employers on these issues. training are most suitable to help, but The majority of irregular migrants is also counselling and psychological working in Europe. Most of them are therapy will be necessary to working hard and do a good job. A overcome the traumas of violence large number of Europeans are and incarceration. employing domestic workers as well 8. Slave trade must be banned and as workers on building sites, legislation be developed which renovating houses etc. While we are punishes slave traders. This is not the aware of the difficult balance, which is to be kept and discussed with social

CCME Conference, Athens, 1 November 2002 29 partners, we think that some h) Possible Action: possibilities and conditions for low- income jobs need to be reviewed in 1. Christian organisations have supported consultation with social partners and the idea of a European Observatory on migrants’ organisations as well as Migration, which would include humanitarian NGOs. analysis and possibly pilot projects. The setting up of a network by the 12. For persons who have regularly European Union could be a first step worked and lived for several years in a towards a more comprehensive European country, we would Monitoring System. However, we welcome regularisation programmes. would welcome if this could be linked For victims of trafficking this option to the European Labour market should be considered from the information system EURES, to make beginning in order to avoid double these services available beyond the penalty through immigration EU. regulations. We are aware of the difficulties involved, however, we feel 2. Migration Counselling in countries of that no person should be criminalized origin may be more efficient than only for the desire to migrate and dissuasion counselling which is the look for a better life. aim of information campaigns, which have failed in many instances. 13. In this context we would welcome if Churches are willing to contribute the International Convention on the expertise in comprehensive personal Protection of the Rights of All Migrant emigration counselling as well as to Workers and Members of their employ an existing international Families were ratified by European network. But churches cannot do this states. We believe this Convention to alone, they need cooperation with and be an important tool to guarantee support by governments and social rights and respect for all migrants. partners as well. The Council of Europe already in 1994 asked member states to sign this 3. Social, medical and counselling Convention. services provided by churches and other welfare organisations must not 14. With regard to countries of origin and be criminalized if they extend their transit, cooperation and possible services to irregular migrants. agreements on migration (and not Consideration could be given to the only on readmission, as presently establishment of joint committees of envisaged by the EU!) may prove immigration officials and NGOs to find successful. Seeing migration as a possible solutions for migrants in global phenomenon, such irregular situations. Social, medical and agreements should contain rights and counselling services must be granted obligations of all migrants, as well as the right to treat cases anonymously bilateral agreements on visa, as this lays the basis of confidence and recruitment procedures, migration trust. information and counselling services. A prerequisite on this is however that 4. Fighting trafficking needs to target the a common, comprehensive and criminal organisations, not the persons transparent European immigration smuggled and trafficked. In this policy is developed. direction we welcome the willingness for cooperation as expressed at the recent STOP conference on trafficking. We hope that also the legal

CCME Conference, Athens, 1 November 2002 30 framework will take this aspects into account by granting protection to victims of trafficking and a speedy agreement on the draft directive on short-term residence permits for victims of trafficking and smuggling as a first step. 5. Regularisation needs to be seen as a necessary option and not be ruled out as in the EU Action Programme against Illegal Immigration, at least as long as there is no European immigration procedure in place. We are convinced that regularisation would prove beneficial as the result would be that less people are in hiding without any official knowledge. This would also reduce the existing grey zone of insecurity for both the individual and the society. 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 be 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.

CCME Conference, Athens, 1 November 2002 31 600.000 (Greek Parliament 1994). For the VI. Irregular migration in the case of years 1995-1997, all the estimates put Greece forward ranged between 600.000- 800.000. On the eve of regularization, that Mrs Maria Papantoniou, KSPM , is the end of 1997, the estimates ranged Greece, between 800.000 and almost 1.000.000, that is around 10% of the Greek a) Greece turning into an immigration population. country The majority of undocumented migrants Greece turned into an immigration originate from the Balkan countries and country, all suddenly and all the republics of former USSR, the unexpectedly, in the beginnings of 1990, dominant nationality being that of through the influx of a large number of Albanians. In Greece, however, arrive migrants originating from the countries of people from all over the world, but in the ex-socialist bloc. Until then the lesser numbers. Most of the non- number of immigrants on its soil was Europeans come from Southern Asia and insignificant, about 30.000 legal Middle East, fewer come from Africa. The immigrants and an estimated equivalent most numerous ethnic groups are that of number for undocumented. At the end of Kurds, followed by Pakistanis, Afghans, the decade of the eighties had already Bengalese, Indians, Iraqis, Iranians and started to arrive, in a refugee like others. Some of the people belonging to situation, people from the Balkan these nationalities arrive as asylum countries fleeing the socialist regimes seekers. under collapse. The big change, however, b) The dynamics of irregular occurred with the coming of Albanians in immigration in Greece 1990-1991 that rendered Greece in no time the country in Europe with the Though unplanned and uninvited, largest number of irregulars and the immigration in Greece grew very quickly country with the highest proportion of to become indispensable both for immigrants relative to total population. economy and society. At the same time it For a long time the dominant character of was ruled by a very strict alien’s immigration in Greece was that it legislation. This produces both a constituted principally an illegal migration. contradictory and a confusing situation, as Until 1998 that regularisation campaigns while the Greek society and the irregular started to be implemented, the number of immigrants had adjusted to the situation, legal immigrants never exceeded the legislation and its compliance to the to figure mentioned above of 30.000. the EU regulations produce insecurity. The Concerning the number of irregular tension between these two poles migrants, no exact figures are available. determined to a great extent the situation There are, however, estimates which in relation to immigration in Greece and differ both on the basis of the source and the condition of the irregular immigrant. on the basis of the period to which they In this framework a number of additional refer as there is an intense fluctuation of factors, having to do as much with the irregular immigrants due to various attitudes of immigrants as with reasons.. The official estimates for 1991 characteristics and reactions of society, provide figures ranging from 250.000- are shaping the situation. Without being 400.000 (Greek Parliament 1991). In 1994 exhaustive I would like to mention the the number put forward was that of

CCME Conference, Athens, 1 November 2002 32 following factors that will be taken up in economy, sustained these emigration the analysis that follows: flows. From the side of the immigrants: This migratory context, totally different from the context in which the migration • Strong desire to come to Greece under of the sixties has taken place, explains what ever conditions partly the radically different attitudes of • Openness towards the receiving immigrants towards the culture and society society of the receiving country. In contrast to migrants of the sixties who • Desire to become participants of the aspired to employment and to economic cultural and material goods of the improvement but who insisted in western world remaining foreign to the culture of the • Desire to remain for the next future in country they immigrated, new migrants Greece, even to establish themselves very frequently show the desire not just in Greece to migrate to an other country and find a job, but to migrate to an other world. From the side of the Greek society: Inevitably they were deceived, both • Absence of previous experience with because the image they had created immigrant workers and consequently about this world was right from the initialy relative freedom from beginning illusory, and because their preconceived ideas status of irregular migrants did not allow them to have access either to the rights • At a later stage development of and the freedoms they had opted or to xenophobic tendencies opportunities of an improvement of their • The typical for the Southern countries situation in the way they had imagined. flexibility concerning the application of Despite disillusionment their attitude rules remained one of openness and they proved particularly adaptable and quick c) Conditions of emigration and learners. They covered in a very short predispositions towards the time span all the distance covered from western world. one generation to the next in the frame of the previous migratory waves. The years following the fall of socialist Concerning immigrants from the other regimes were the years of a completely continents, they constitute, as is evident, spontaneous rushing towards Greece of a very heterogeneous group. The people that had experienced oppression conditions of emigration are different and and were fleeing towards the western their aspirations too. Nevertheless, due to world that represented for them freedom the globalisation process through which and prosperity. The imagery that they had cultural patterns are being diffused to developed about the western world every corner of the world, while the contributed to an attitude of openness access to the advertised goods remains towards the receiving society and a restricted to only a privileged minority, a willingness to participate to it. These certain convergence of aspirations is to be characteristics were more prominent observed, and there are people from even among Albanians, as they were coming the most remote countries, coming to the from the most isolated and most west hoping to have access not only to backward country. Economic and to a material goods but also to education, certain extent social chaos in their home freedom and social justice. countries, resulting from the attempt to be rapidly integrated into the free market

CCME Conference, Athens, 1 November 2002 33 d) Crossing the borders under migrants will lower their expectations, but whatever conditions will not stop trying.

Emigrants from the Balkan countries and e) The encounter with Greek society the Republics of ex-USSR enter Greece Immigration: a fresh experience from its northern borders. Migrants from the other continents come through the Greece did not have any previous Greek-Turkish sea or land borders and are experience with immigration, did not more heavily dependent on smugglers have a colonialist past and the encounter and traffickers. Whatever the entry point with immigrants was a fresh experience, or the method used, passing the borders relatively free of preconceived ideas. is a very hazardous operation and Though not completely, because in some becomes increasingly so as the controls periods of the recent history, conflicts and become stricter. The number of deaths is wars contributed in that Albania and important, but only part of them becomes Bulgaria were perceived as a potential known. danger to the territorial integrity of Even if migrants manage to enter Greece Greece. The actual development of good unnoticed and evade immediate relations with these neighbour countries deportation, their irregular situation keeps seems not to have completely changed them liable to deportation at any moment the attitudes of a small fraction of the of their stay in Greece. Nevertheless, at population. whatever moment or under whatever The absence of previous experience with conditions their deportation takes place, immigration led in the attitudes towards in their overwhelming majority they will immigrants being initially rather positive. attempt to enter Greece again. For those Indeed in the beginnings immigrants depending on traffickers, each time will were welcomed in the rural areas where be increasingly dangerous and the the farmers appreciated this unexpected dependence on them will become more offer of cheap labour at a time of a absolute. They will be taken advantage of serious shortage of labour in the and exploited in different ways, as for agricultural sector. Immigrants on their example asked to undertake illegal side were pleased to have an opportunity activities for the benefit of traffickers; the to earn some wages and be offered food most frequent being to carry for them and shelter. Somme settled down in the small quantities of drugs. Their situation is villages, became part of the local life and thus aggravated as they risk not only developed good relations with the being deported again, but also ending up inhabitants. Things have been more in prison for actions for which they bear difficult in the cities, all particularly in the no responsibility. Nothing, however, will early days when there were no relatives stop migrants who will try again and or friends to receive them, and in the again even if they have to go through the absence of any receiving structures and same ordeals. services. The only reception available was The hypothesis that migrants are lured by that provided by other compatriots traffickers and that, if they knew about organized to exploit them, using them for the hardships in arriving and the illicit activities in exchange for the offer of difficulties to be met in the receiving basic services, such as a place to spent the country, they would not undertake the night, protection from police, mediation trip is not substantiated by the stories of migrants themselves. Whatever the difficulties, whatever the disillusionment,

CCME Conference, Athens, 1 November 2002 34 with employers.1 Things, however To this criminalisation has contributed an improved progressively as employers unfortunate coincidence: by the middle started to value the work of migrants and nineties the number of immigrants had recommend them to further employers or very much increased, while during the offered them more permanent jobs. It is same period crime in Greek society was worth mentioning that good relations on the increase too. In the consciousness with employers took in some cases a of people these two phenomena have paternalistic character -reminiscent of the been associated. The fact that the crimes old times in Greece- as the irregular committed by of migrants consisted migrant was very vulnerable and the mainly in ‘street crimes’ that is the most employer had to take complete care of visible type of crime, as well as the most him. The other aspect is of course the directly affecting the individual citizen, exploitation of immigrants, through taking had a contribution. It is mainly, however, advantage of their cheap labour, through the sensationalism of the mass exploitation that some times took media that presented an exaggerated and extreme forms such as employers distorted picture of any offence denouncing migrants to the police to be committed by a foreigner and which deported in order not to pay due wages. searched for a foreigner, an Albanian in particular, behind any crime, that this Negative developments association developed and the Various forces in action progressively criminalisation of foreigners was initiated. shaped the attitudes produced According to the results of a research we spontaneously through the contact with conducted at that period, the criminality immigrants. Among these factors were rate of foreigners was lower than that of the official discourse that treated the total population2. In any way immigration in a xenophobic way using whatever the actual criminality of immigrants as scapegoats for all that foreigners what remains true is that the went wrong in the Greek society; the criminalization of foreigners goes far rapid increase of unemployment in beyond their effective criminality. Greece, that put Greek people on the Criminality and criminalisation cultivated a defensive together with the fear that feeling of loss of security among the foreigners will become antagonistic to Greeks to the access of scarce social population. The common man felt that the time that he could walk in the streets at goods. In the middle of nineties the mass night without fear and leave his house media emerged as a very significant open had come to a close. Under the factor in shaping a negative public opinion towards migrants. This is the period of impact of a changing situation and under the influence of the mass media a moral criminalization of foreigners and mass panic arose among the population and a media has played a major role in that. The rapid increase of xenophobia and racism criminalisation of foreigners and the equation of the irregular immigrant with occurred. A specific outcome has been the construction of the ‘dangerous Albanian’ the criminal is the major xenophobic act in Greece and the most detrimental for the situation of irregular migrant.

2 Papantoniou A., Maria Papantoniou 1 Psimmenos, I. 1995. Immigration Frangouli and Artemis Kalavanou (1996). from the Balkans: Social exclusion in “Illegal migration in Greece and the Ahens, Athens: Glory Book-Papazissis. problem of crime”. Research Report in the frame of TSER Programme Athens 1998.

CCME Conference, Athens, 1 November 2002 35 stereotype described by Vassilis Karydis1 by the public but also the private sector, which has been haunting Albanians ever individual employees, but also since. The repercussions were not only organisations and institutions, have practical, the life of Albanians in Greece systematically offered their services to having become much harder, but they irregular immigrants. The most also felt deeply hurt having continuously extraordinary example is that of public to apologise for being Albanians and hospitals: While immigrants were refused having to prove that they are not by the law the right to health care -with criminals. the exception of emergency cases- the hospitals have offered widely their Thus we have the constructed image of services to irregular immigrants to the foreigners superimposing itself on the point that in certain hospitals foreigners spontaneous one, signalling in that way 2. This the end of a period of peaceful co- constituted the majority of patients existence between Greeks and foreigners. is an aspect that has not received the On the one hand we have an expansion of required attention in the discussion about the group of xenophobic-racist Greeks that the situation of immigrants in Greece, and increased in numbers and on the other which comes to moderate the otherwise the spreading of a diffuse fear among the gloomy picture of the way irregular population at large. As, however, a large immigrants have been treated in Greece. part of the population had pre-existing Another example is that relating to the good relations with illegal Albanians the schooling of the children. The only right interesting concept appeared that of ‘our ever accorded to irregular immigrants has own Albanians’ in distinction to the been the right to enrol to school, and this unknown ‘dangerous Albanian’, the one only for restricted periods. In the periods that is hanging around and we do not that this right was taken back, school know who he is. Thus after 1977 many directors usually continued to enrol the villages in a xenophobic outrage close children of undocumented migrants themselves to the newly arrived In the first place, however, it is the Albanians, or use them during the day for existence of an extended ‘informal’ sector work, but force them to stay secluded, in economy that has made possible for after dark, while their ‘own Albanians’ such a large number of irregular migrants circulate freely in the village. to remain in Greece. Of course, employment in the underground economy f) Greek society bending the rules is not the best kind of employment. Thus What rendered possible for an irregular irregular immigrants employment is migrant to survive in the absolute characterised by a frequent turn over, negation of his rights and even start a with waiting periods in between the jobs, process of integration is that Greek people sporadic employment, bad pay, difficult and Greek society keep a ‘flexible’ working conditions, positioning at the relation with the rules and believe that bottom of the job hierarchy, non the laws can be bent particularly if it is for recognition of their professional a good purpose. Thus while the alien’s law penalises the offer of any services to irregular migrants 2 This offer of services to irregular migrants came to an end through the circular of the Ministry of Health and 1 Karydis, V. The fear of crime in Athens Welfare issued in July 2000 that clearly and the construction of the prohibited public hospitals to accept ‘dangerous Albanian’ stereotype. illegal migrants. This circular demanded Chroniques, V 5: p. 97-104 that police is informed about all illegal migrants that registered to the hospitals.

CCME Conference, Athens, 1 November 2002 36 qualifications and complete exposure to which the state could have recourse, exploitation. whenever required. Depending each time on the interests of the state the law was This possibility for things to happen at the either imposed or not and deportations margin of the law is for the better and for were intensified or suspended. It was also the worse for migrants and frequently applied in a discriminatory way, Albanians profitable for the Greek people too. being the most frequent victims. Thus the g) The irregular immigrant and the condition of the irregular immigrants law through all these years is that of living under the threat of deportations; of being Migrants are subjected to a very strict frequently deported and finding ways to legislation. Since the massive arrival of come back; and of being allowed in the in irregular immigrants two laws have been between periods to live and work in voted, both are of a very restrictive Greece. This situation has been very character, recognising no rights so ever destabilizing for the immigrants who are for the irregular immigrants1, not even not able to make plans for the future, not the basic rights guaranteed by the even plans for the next day. They were constitution. forced to live in a continuous precariousness in an environment in the The mere presence of the irregular frame of which everything is possible and migrant in the Greek territory constitutes, nothing could be foreseen. Under this according to the alien’s laws, an infraction incoherent situation a correspondingly of the criminal code. This renders them incoherent behaviour could be easily liable to be deported or to stand trial and understood on behalf of the migrants, in be sentenced to imprisonment. The other their effort to secure what has been facet of the relationship of the immigrant denied to them. to the law is that he cannot resort to the law for protection. He cannot denounce h) The contribution of irregular an exploitative employer, not even go to immigrants the police to lay charges for a criminal act against him, in the fear that his quality of As mentioned in the beginning the irregular migrant will be discovered and condition of irregular immigrants is he will be deported. If these negative defined by the tension between a strict effects of his illegal status are frequently and prohibiting law and the contribution moderated by the flexible application of of immigrants to Greek society and the law by the institutions and if the economy. contacts he has developed with Greek Immigrants very quickly became a people might provide a certain protection to him, he remains dependent on and constant in Greek society; it was not any more possible to imagine Greece without exposed to the dispositions of others, them. If they suddenly disappeared this unable to be his own master. would be very destabilising. This is However, while the law was very strict, it particularly true for economy, as they was not always strictly and consistently soon became a structural element of it. In enforced. It seems that this alien’s law general they took over jobs, that the was conceived mainly as an arsenal to Greek labour force refused, rendering possible the continuation of certain economic activities. Some sectors grew to 1 The first is the alien’s law 1975/91, the depend heavily on them: In the second the alien’s law 2910/2001 agricultural sector they collected the crops and undertook a number of other works in

CCME Conference, Athens, 1 November 2002 37 agriculture and animal husbandry that conditions, had already settled down to a would remain undone, as they were considerable extent. The picture of unprofitable under the conditions of work irregular migrants was not any more that of the Greek labour power. In the of mainly young males, or women that production sector most valuable has been had come alone to work, but of couples, their contribution in rendering viable, that had brought also their children in through their cheap labour, small need to be educated and be taken care of. enterprises, that are particular important Many were as long as ten years in Greece for Greek economy. The competition with and hardly distinguishable from the native Greek workers remains low and can be population in many aspects. traced in few sectors only, such as the The application of two consecutive construction sector. On the contrary it is regularisation campaigns changed the estimated that they had contributed at scenery concerning irregular immigration the expansion of economy thus creating in Greece. The regularisation campaigns new opportunities for employment from 1 had an impact both on the numerical which Greeks were also to profit . importance of the category of irregular For the inhabitants of the cities irregular immigrants and on the condition of migrants filled in a very important immigrants in Greece. We will discuss in economic, but also social function, the following the two issues. through engaging in domestic work, The combined effect of the two particularly the caring of the children and regularisations is that around 550.000 the elderly. In the case of elderly the irregular migrants have been regularised availability of foreigners contributes to the or are still under regularisation. As at the improvement of their quality of life, as in eve of the first regularisation the number the total absence of services for the of irregular immigrants was estimated to elderly in Greece, the only alternative for be about 1.000.0000, it can be estimated them would be to an old peoples home. that around half a million have remained This contribution of irregular migrants has out of the procedures. At the same time, been tacitly accepted all through the in the period since the starting of the first years and has protected immigrants from regularisation, Greece has received new the rigid enforcement of the strict influxes of irregular migrants that have provisions of the alien’s laws. It is, come to be added to the already existing however, only in 1996-1997 that Greek stock of irregular immigrants. authorities openly recognised the It is difficult to estimate the number of significance of irregular migrants for the new entrants. Indications of their numbers Greek labour market and economy. This is are provided by the statistics of arrests also the period that the official discourse and deportations. Thus in 2000 we changes and becomes positive towards observe an increase of arrests in immigrants. comparison to the previous year: In 2000 the number of arrested has been 258.637 i) Between irregularity and legal 2 status against 182.118 in 1999 . From the 258.637 arrests in 2000, the 181 994 By the time of the implementation of the have taken place at the border or near first regularisation campaign in 1998, border area, thus they concern new immigrants, despite the adverse entries. The number of arrests at the borders however depends on the quality

1 Lambrianidis, L., Lymberaki, A. 2001. Albanian Immigrants in Thessaloniki 2 Ministry of Public Order. Statistical Data

CCME Conference, Athens, 1 November 2002 38 of controls, which is continuously favourable conditions than previously. It is improving. Entries are also a function of now a political decision what will happen deportations; the more intensive the with them after the end of the year, deportations are the larger the number of when the validity of all provisory permits new entries. In any case arrests can be ends. Is there going to be a selection of considered as only an indication of how those who were able to find and keep an many enter the country since many employer that pays the social manage to enter undetected. What arrests contributions for them and a rejection of reveal beyond any doubt is that people the rest? Or concern will be expressed insist to come and will come in any way. also for those that have been socially There are people among the regularised integrated for a long time, but who may migrants that have made five, six, eight, not be able to secure without or even more attempts until they interruptions the right kind of employer? managed for the first time to enter And further what about the remaining Greece, as well as people that have been hundreds of thousands that have been deported during their stay in Greece a excluded from the regularisation corresponding or even greater number of campaigns, among whom many are well times and every time they returned and integrated? For us it is important that continued their life in Greece. those who feel as a part of Greek society have been in Greece for many years, their Thus we can assume that at the moment children go to school, are not betrayed by in Greece is to be found over half a a society on which they have reposed all million irregular immigrants, without their hopes. being able to provide any more precise estimates. In any way we would like to express our satisfaction with the choice of the The second issue is that of the impact of government to proceed to these two the regularisation on the situation of regularisations, whatever were the irregular migrants. The relative question problems linked with them. The decision that arises is: Are migrants going to be to regularise acquires an all-particular able to retain their status, or are they importance at a time that Europe puts doomed to fall back, sooner or later, to an forward an immigration policy that denies irregular situation? In both regularisations to the illegal entrants access to a stable participation was dependent on the form of residence and orients itself capacity of the immigrant to integrate in towards the import of new labour on the the labour market. During the first sole basis of the needs of its labour regularisation many migrants dropped out market. of the procedure as they could not meet the criterion of having a job covered by social security, while others proved unable to renew their permit for the same reason. The second regularisation was presented as a second chance and in fact it was. Due to the unplanned prolongation of the first regularisation campaign in a way that the second caught up with the first, many migrants remained in a regular status or under regularisation for up to four years. This has been very precious to them as they had the chance to establish themselves in Greek society under more

CCME Conference, Athens, 1 November 2002 39 extreme right party. And this answer was: VII. The “Sans Papiers” in France fight against illegal migration. And the arguments for the democrats citizen was: Mr Jean-Marc Dupeux, Cimade/France by doing so (fighting against illegal migration), we give the absolutely a) History necessary condition to the integration of residents who have been staying in The name and reality of “sans-papiers”, France for years.. In consequence of the which in French means “document-less” National Front score at the elections, in the sense of deprived of documents, these years are years of fears and appears in France afters Chirac’s first winding, with the “Zero migration” election, in 1995. At that time Jean Louis slogan. Debré held the home Office. Before him, in the years 1993-1995, during the “first These Pasqua laws were strictly applied, cohabitation”, The Right party hardened and make foreigners always more the Migration policy. The former Home precarious (student, asylum seekers, secretary, Charles Pasqua led this teachers etc) dramatically threatened in repression policy against the foreigners in their life conditions .For example we France, combining migration and were, in Cimade, at that time insecurity themes. Between 1193 and overwhelmed by family situations: French 1995, he achieved the carrying of three - foreigner couple were Husband or Wife fundamental laws in the parliament cannot be regularised. concerning nationality, identity control Or more difficult French Children or born- and migration in-France Children with parents in The first law restricts, in matters of irregular situations. nationality, the “Droit du sol” “Ground Right” (capacity to get the nationality of The number of situation increased. Its your birthplace country), and increased effect is amplified by the receptivity of the obstacle in national recognition the French administration to Xenophobia procedures. and this matter of facts adds administrative troubles to the severity of „ The second one gives legality to the law. preventive police controls “whatever could be the behaviour of the The Implementing of these texts pacifies a controlled person. This law integrates little the political debate on the migration also into the legislation, the obligation, issues but as a consequence, foreigners which formerly was purely regular, for a are more and more suffering of their foreigner to present his Staying card conditions. The number of foreigners in “at any the police officers’ irregular situations increased dramatically. requisitioning” The “Zero Migrant” policy has failed in reality. For some time the power can give „ And last but not least, the 24 August the illusion that this policy has succeeded; Pasqua’s law on entering and staying but the reality of the “sans-papier” will conditions of foreigners not only demonstrate that it was a nonsense modifies the 2 November 1945 statute policy. on foreigners for the 2Oth time, but modifies also the Civil Code on civil In 1995, a hunger strike of French foreign marriage and the National Health Code. children’s parents, which was held in By adding all this laws, Charles Cimade, Paris. At the end of this crisis Pasqua began to recognise the “cul de Pasqua, the right Party, but also a part sac” (dead end) in which his laws were of the left party wanted to give and answer to the

CCME Conference, Athens, 1 November 2002 40 leading. He wrote a circular to regularise government; but the prime minister and these situations of French Children with the Home Secretary refused to listen. irregular foreigners parents. Then, in August, which is in France the b) The “Sans papiers” movement month where people are all in holidays, Coming out far from Paris, began a hunger strike, in a general indifference. As I told you, it is after the presidential But, slowly a solidarity movement was election of 1995 that raises the “Sans- built around this St Bernard movement. Papiers Movement”. It has been a Coming After the brutal evacuation on August the out. The term of “Sans papiers” in itself is 23 this solidarity movement will still the beginning of a revolution. Until this increase. time, these women and men were named The days after the evacuation, Cimade, “clandestins”, this means clandestine; which is the only organisation allowed to secret; underground or illegal. The help foreigners inside the retention invention off the word “Sans papiers” centres, did a lot with the help of lawyers inverts the classical image: these migrants to prevent the deportation of these “Sans are no more outlaws but by the name Papiers” of Saint Bernard. they baptise themselves, victims. They have change the word but also the Only a few numbers of “Sans papiers” practice; Formerly, most of foreigner were actually expelled. movement needed the support of NGO’s After that episode, Home Secretary Debré logistic. With this movement foreigners had the proof he searched. The law, his emancipate themselves from this support law, had to be voted to permit a more and discovered not only a new word but efficient action on migrants. But the law also a renewed way of communicating. he built was so extreme that he crossed The choice of the places where they the red line; In February 1997, after a civic stayed, the place of women and children, movement and a 100.000 persons and an accurate sense of spokesman and demonstration in Paris, he was forced to spokeswoman as Ababakar Diop and change his project on housing certificates. Madjiguene Cisse. Willing to force the hosts sheltering a foreigner to point out their coming and The “Sans Papiers” Saga began on 1996 leaving to the police, the government March the 22nd. This day, at daybreak poured down the drop, which overflowed dawn, some 300 Africans, men women the basin. and children, entered quietly in a Church, the St Ambroise church in Paris. They In spite of this experience the Right Party were rapidly evacuated by the Police, and continued to think that it was possible to by the will of the Bishop of Paris, then go with it projects. In April, the National they went to a gymnasium, the Japy Assembly was dissolved by Chirac gymnasium, then they found asylum in a expecting to get a new legitimacy, but, as theatre in Vincennes, then a Railway you know, the left finally won and warehouse, before finally they decided to brought Lionel Jospin to the command. be received in the famous St. Bernard The Left party knew that it had come Church in the north quarters of Paris. back, the power on these themes of In this place the Christian community and enlarged vision of citizenship which exists the priest welcomes them and tried to in a large scale of the French electorate. help them. It was a kind of So, Lionel Jospin, through his Home reception/occupation. Many attempts Secretary Jean Pierre Chevènement did were made to find mediation with the proceed rapidly to a regularisation, which

CCME Conference, Athens, 1 November 2002 41 permitted to reduce the number of “Sans our country. That is why nothing really Papiers” produced during the Pasqua positive has been done on the legal period. After this regularisation, issues. Chevènement will change, one more time The left has tried to drown the political the 2 November 1945 statute on issue of migration in humanitarian foreigners, reducing the more repressive treatment; and the machine tool to effects of the Pasqua laws. But this produce Sans-papiers is one more time in Chevènement law, presenting a moderate full action. Each year, France expels face, will not abrogate the more between 10.000 and 15.000 “sans- scandalous measure especially on the papiers” while the machine produces case of residents who have all their life in more than 50.000 “sans-papiers”. France but are expelled after a detention punishment (what we call “la double So, there is nowadays a resurrection of peine”). the “sans-papiers” movement. They are no more like their elders of the 96’s years After Jospin was named Prime Minister, Africans, but as the result of the new police administrations have finicky and refugee wave: Chinese, North Africans, suspiciously applied the new favourable Kurds, Indians, people from East and disposals of the Chevènement law. After Central Europe claiming for justice. This the regularisation finished (about 80.000 movement is deeply divided in various persons were at the end regularised), the committees but from time to time it rises French administration became one more like this summer in Saint Denis ‘Basilica time a Sans Papiers factory, this is an near Paris. administrative machine which takes liberty to interpret the law always in a Churches and Christians, who have very restrictive sense, which leads the much contributed to help les Sans Papiers, foreigners to stay for a long time in a kind (in 1998 the Reformed Church of France of purgatory, with hope but without any held a synod on his theme, and received a real answer. “Sans-Papiers” delegation during the Synod), are looking at the time for other Beyond this reality, a new phenomenon means than churches occupation to help raised in the 1997-2002 period: an theses movement. increasing number of asylum seekers in France. In 1996, when Germany Now the right Party has come back to the registered some 100.000 asylum seekers, power; the discourse changes a little. France only had 17 000. Five Years later, Home Secretary Sarkosy has told the France registers 50 000 Geneva police headquarters all over France to re- convention applicants and more than examine the situation of the sans papiers, 30.000 subsidiary protection applicants he makes a regularisation without saying (what we call Asile territorial). Due to this it. This differs from Berlusconi’s fact, it’s nowadays a huge number of regularisation in Italy. asylum seekers which are enlarging the But in fact we can see that like in other number of the “Sans Papiers”. The left countries in Europe, France begins to say party had no real will of treating this that we need migrants. So the discourse matter in another way that the changes slowly. Discourse is no more an humanitarian way. If the right was absolute closing discourse. But there is referring to the myth of “Zero Migration” still schizophrenia for the administrative the left always repeated his slogan of the practice has not changed at all. At the “Appel d’air” which means that any same moment where migration policy favourable measure to “Sans-papiers” says that migrants are needed, the would bring a violent wind of migration in “closing the door” policy and bad

CCME Conference, Athens, 1 November 2002 42 treatment policy seems to be still the first item on the European agenda. Churches and Christian will need plenty of courage and faith to face this schizophrenia, and to continue our diaconal work of accompanying foreigners to real citizenship, and what is the aim, to prepare this dreamed brotherhood, which is the stumbling block to build the life together, the life in peace. Jean Marc DUPEUX Secrétaire Général de la Cimade, service oecuménique d’entraide 176 rue de Grenelle F-75007 PARIS Tel: +33 (01) 41 95 76 03 E mail [email protected] website: www.cimade.org

CCME Conference, Athens, 1 November 2002 43 These aspects of the ‘fight’ are usually VIII. The Platform for International overlooked, which is also the case in the Cooperation on Undocumented Communication from the EU Commission Migrants PICUM, on a Common Policy on Illegal Immigration1. Besides, the focus on entry Dr Pieter Muller, Netherlands restrictive measures detracts the attention from the rights undocumented migrants a) Introduction possess in the countries where they reside and from the consequences of their being Undocumented migrants are a major issue deprived of these rights. The in all or most European countries. Communication does not consider the Governments tend to restrict their contribution undocumented migrants can numbers by preventing their entry, make to these societies, in particular in thereby leaving out of sight that a major the economic field. The advantages of a part of the ‘sans papiers’ have entered regularisation campaign or of a legally but for a variety of reasons have permanent regularisation policy are lost their right of residence: disregarded as well 2. - ‘overstayers’ i.e. persons who have c) PICUM stayed on after expiry of their temporary right of residence (for The focus on entry restrictive measures work, study, medical treatment or detracts the attention from the rights tourism), undocumented migrants possess in the - persons who have submitted a request countries where they actually live. This is for asylum which subsequently has the issue which is the main concern of been rejected PICUM, the Platform for International Co- operation on Undocumented Migrants, an - persons whose right to stay based on independent NGO which started having an humanitarian grounds or because of office in Brussels two years ago. PICUM Is violations of their human rights has indeed a platform of national NGOs that been withdrawn. support and assist undocumented There are, in fact, many more situations in migrants in their countries, convinced that which legal immigrants become these people should be guaranteed the undocumented migrants. same rights as every human being living in any country is entitled to. PICUM b) Irregular Migration defends this position on legal grounds, but at the same time it bases its position We want to stress here that the relevance on social and moral grounds. of the so-called fight against irregular immigration for the presence of undocumented migrants in European countries can only be very limited. On the other hand, entry restrictive measures as have been introduced by governments and on the international level have 1 Communication from the Commission obvious negative effects on the chances to the Council and the European of qualified asylum seekers to obtain Parliament on a Common Policy on access to a country of refuge and also Illegal Immigration, COM induce to smuggling and trafficking of (2001) 671 final of 22 November 2001. migrants as well as increased criminality. 2 PICUM Comments on the Communication mentioned in the footnote above. Full text can be found on the PICUM website: www.picum.org

CCME Conference, Athens, 1 November 2002 44 d) Human Rights and Basic Social affected communities have claimed their Rights social rights and there is an increasing body of jurisprudence on ESCR. The UN Any person residing in a country, Committee on Economic, Social and regardless of his or her origin or status, is Cultural Rights has also elaborated the a subject of human rights as enumerated legal content of specific rights. There is a in the so-called Human Rights catalogue1. broad consensus now on the basic content The founding document of international of ESCR, but the weakness of its human rights law is the Universal application lies in the fact that certain Declaration of Human Rights (UDHR), legal standards have remained vague and unanimously adopted by the UN General have rarely been implemented and Assembly in 1948. It was followed by the enforced. Besides, only lately it has been Covenant on Economic, Social and Cultural generally accepted which duties Rights (ESCR) and the Covenant on governments have with regard to the Political and Civil Rights (PCR). In the application of human rights, viz. the duty Universal Declaration the interdependence to respect, the duty to protect (against and indivisibility of these human rights is third parties) and the duty to fulfil. Yet it recognised. sometimes remains unclear what The various rights mentioned in the ESCR constitutes a violation of human rights, in have since then been elaborated through a particular in the social and cultural field wide range of international treaties, in Here a great deal more of advocacy by particular by the 1967 International NGOs is needed. Covenant on Economic, Social and Cultural PICUM firmly stands for a social rights Rights (ICESR), which has been ratified by approach in favour of undocumented 145 states to date, as well as in treaties migrants. It advocates for rules in our protecting the human rights of vulnerable democracies which ensure that no one is groups, such as the Convention on the deprived of the right to an adequate Rights of the Child (CRC) and various standard of living, including adequate treaties of the International Labour food, clothing and housing, to adequate Organisation (ILO), just to mention a few. working conditions, to education, health In many countries domestic law has been care and necessary assistance in caring introduced in line with the ESCR but very and providing for children. This also often the practicing of the rights is means establishing mechanisms for neglected. citizens to identify violations of these In recent years, however, a wide range of rights and have them remedied, even advocacy groups acting on behalf of where the remedy forces governments to act against their will2 . e) Tension between State Interests 1 Apart of the UDHC, the CRC and the ICESR mentioned below there are and Human Rights the International Covenant on Civil and Political Rights (ICCPR), the UN Convention Human rights are meant to protect the life on the Protection of Refugees, the and well-being of citizens against the International Convention on the Protection of the Rights of All Migrant Workers and ways States are defending their interests. Members of their Families (UCRMW, In the case of undocumented migrants we Convention Nr. 158, not yet operational), the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention Against 2 See: Economic, Social and Cultural Rights, Torture and other Cruel, Inhuman or A Guide to the Legal Framework, Center Degrading Treatment or Punishment for Economic and Social Rights, U.S., (CAT), as well as the European January 2000. Convention on Human Rights (ECHR) and the European Social Charter.

CCME Conference, Athens, 1 November 2002 45 see that States sometimes deny them government policies. It is hoped that this their basic social rights, for instance to experience will render local councils more shelter and to an adequate standard of aware of the social dimension of the living, as well as to legal remedies, problem and more willing to provide all indicating that the interests of the State undocumented migrants in their prevail over the human rights of the commune with shelter and means of individual. For instance, we find that in subsistence. At the same time the the Netherlands the Government, basing national government is forced to rethink itself on a new Aliens Law and a new its present policy of social exclusion. Departure Policy, is denying rejected f) European Legislation asylum seekers the right to stay in a reception centre and to a minimum In the report of Working Group 1 to this allowance. These undocumented migrants Assembly it is indicated that In July 2000 then are forced to stay in a hayfield or the French Presidency of the European under a bridge, which constitutes an Union presented two proposals for a inhuman treatment. Here the churches Directive and a Decision to the Council and other NGOs defending basic social dealing with the unauthorised entry, rights unanimously condemn this movement and residence of people. In treatment and provide assistance where May 2001 the Council reached political this is possible. It is important that their agreement on these proposals. It is condemnation is not based on moral or expected that they soon will appear in the ethical grounds only, but also on the Official Journal of the EU. Within two years prevalence of human rights over state from that moment they will have to be interests and even national legislation. incorporated into the national legislation There is, however, another aspect that of member States. We know that in should be given attention. The social certain countries such as in the exclusion of undocumented migrants in Netherlands a bill is already in our societies obviously leads to their preparation. In this paper we shall deprivation, marginalisation and possibly consider the aspect of unauthorised to criminalisation, to the wilful creation of residence in particular1. an ‘underclass’ in society, which is socially According to the Directive 2 ‘each Member unacceptable. In the Netherlands, an State shall impose appriopriate sanctions increasing number of municipalities – at on ….. any person who for financial gain this moment some 80 out of a total of intentionally assists or tries to assist a 500 – have understood this problem and person who is not a national of a Member are enabling local churches and NGOs to State to reside within the territory of a provide accommodation and a minimum allowance to asylum seekers who are awaiting the outcome of a ‘Dublin claim procedure’. It is true that this category of 1 See also: Penalizing and Criminalizing asylum seekers have a temporary right to Assistance Provided to Undocumented stay in the country, but interestingly, Migrants, PICUM Consultative Paper for the Council of Europe, Committee on these municipalities extend their approach Migration, Refugees and to rejected asylum seekers who are Demography, May 2002. Text is to be unable to return and certain other (minor) found on the PICUM website. groups of undocumented migrants. These 2 Directive defining the facilitation of municipalities understand their legal unauthorised entry, movement and obligation to guarantee the well-being of residence, in conjunction with the their inhabitants in a sense that they Council Framework Decision on the strengthening of the penal framework to openly oppose present national prevent the facilitation of unauthorised entry and residence

CCME Conference, Athens, 1 November 2002 46 Member State in breach of the laws of the state organs are exempt from this State concerned on the residence of obligation. However, if they want their aliens’. As many churches and church expenses to be reimbursed by related groups as well as many government institutions they may have to humanitarian NGOs are involved in mention the names and status of their providing help to undocumented migrants it patients. It is generally known that will be of importance in which way in medical ethics require professional national legislation the condition ‘for confidentiality and doctors should financial gain’ will be described and therefore be encouraged not to give the whether the burden of proof will lie with relevant information. Directors of state the State or with the provider of hospitals are directly involved in this assistance. In the way the text of the problem. Churches and other NGOs are Directive now reads, it would seem that advised to consider encouraging those the public prosecutor will have to prove responsible to rather obey to the that the assistance has been given for requirements of human rights (the right financial gain 1 – but churches and NGOs to health care) and the ethics of the are advised to closely follow national medical profession 2. The same is true for legislation and intervene when necessary. school directors who should argue that Jurisprudence should be followed in order providing the names and status of their to find out whether a person letting out a ‘irregular’ pupils would undermine their room to an undocumented migrant and right to education). Recently a proposal by being paid a normal rent will come under a Dutch MP to introduce this obligation for the ‘for financial gain’ condition. It should schools in the Netherlands was be kept in mind that in the near future immediately ruled out by the responsible court decisions in these matters taken in Minister. It should be noted that this one member state will automatically be obligation will induce undocumented binding in other member states. migrants to refrain from making use of their basic social rights for fear of being In certain EU Member Sates rendering denounced. support to undocumented migrants is, in all cases, punishable. Whether the new National legislation is equally at default in national legislation based on the Directive the field of work conditions of mentioned above will introduce the undocumented migration. In most cases ‘financial gain’ condition should be a point they lack protection of their right to for particular attention in these countries. g) proper conditions of work and find National Legislation problems in their way if they want to have their earnings and savings fully paid Another point of attention should be the out to them in case of forced or voluntary obligation of citizens, prevailing in several departure. This matter will be dealt with EU Member States such as in Germany, to at an international conference to be denounce the presence of undocumented organised by PICUM which is scheduled 3 migrants to the authorities. School for March 2003 . directors but also medical doctors, lawyers and pastors may find themselves in an ethical dilemma here, but as a rule non- 2 See: Conclusions and Recommendations in: Health Care for 1 Undocumented Migrants in Germany, On the other hand, in the case of Belgium, The Netherlands and the unauthorised entry and transit the United Kingdom, report of PICUM optional ‘humanitarian clause’ will have to seminar in Brussels, May 2001. be brought up by the provider of assistance 3 as a disculpation ground. International Conference on Undocumented Migrants and Labour, co-sponsored by the King

CCME Conference, Athens, 1 November 2002 47 h) Regularisation irregular migration and the ways this phenomenon should be tackled. Thus the In the view of PICUM regularisation offers a accent is on forced or involuntary return valid opportunity to undocumented and less attention is given to preventive migrants to obtain a legal status in the measures such as investing in the country where they have come to reside. development of economically There are several ways of regularisation. disadvantaged regions and opening up A regularisation campaign is a ‘cleaning’ ways for legal (labour) immigration. The operation which is meant to legalise the Commission proposals include safeguards status of a certain group of undocumented for human rights during detention and migrants. It is not a final solution to the expulsion but do not consider the problem of illegal residents in a particular possibility of laying claims for territory, as such a campaign never compensation after deportation. Return reaches all the undocumented migrants. programmes for legal residents are not However, in studying recent practices in mentioned 3. European countries we find that there are Recently the Commission has issued a different models of such campaigns based draft Communication on a Community on the underlying intentions of the Return Policy on Illegal Residents which is governments concerned, Churches and based on its Green Paper4. NGOs are advised to develop an active advocacy for regularisation campaigns by j) Solidarity bringing forward the arguments for a fair 1 and effective regularisation campaign . PICUM is currently carrying out a major On the other hand, a permanent inventory of the activities of NGOs in ten regularisation policy is a means to legalise European countries that are supporting undocumented migrants, usually in small and assisting undocumented migrants. numbers, who for humanitarian or This 18 months’ project is sponsored by economic reasons should obtain the right the European Commission under to stay. budgetline ‘Combating and Preventing Social Exclusion’ and should be completed i) Return Migration in Spring 2003. The resulting ‘Book of Solidarity’ will, in fact, appear in three As in these days migration policies in parts: Part 1 will deal with NGOs in Europe focus on undocumented migrants Germany, the Netherlands, Belgium and in particular, the approach of the the U.K.; its publication is due in European Commission in its Green Paper December 2002 Part 2 provides on a Community Return Policy on Illegal information on NGOs in France, Spain and Residents 2 is based on its views on Italy and Part 3 will cover Denmark, Sweden and Austria. The inventory is based partly on written information but Baldwin Foundation in Brussels. More information can be found on the PICUM mainly on the results of personal website. interviews with a variety of NGOs (church See also: Participation of Undocumented Migrants in the Labour Market, PICUM Position Paper, 2002, text to be found on the PICUM website. 3 PICUM Comments on the Green Paper mentioned 1 PICUM Standpoint on Regularisation, in the previous footnote, Brussels, July 2002. Text to be found the PICUM 2002. Text can be found on the PICUM website. See also: Regularization website. Campaigns in Europe, paper by Dimitry 4 Neuckens, Brussels, 2001. Communication from the Commission to the Council and the European 2 Green Paper on a Community Return Parliament on a Community Return Policy on Policy on Illegal Residents Illegal Residentx, COM (2002) 175 def., (draft edition, October 2002). 10.4.2002. CCME Conference, Athens, 1 November 2002 48 and non-church, organisations and migrants PICUM members felt the need to informal groups etc.). This information is discuss in some depth the ethical aspects analysed by the project staff on the basis of this assistance. An analysis was made of overall themes such as Health Care, of the nature of the relation between Housing, Employment etc., then checked client and help provider, conflicts by the NGOs during national workshops. between legal provisions and ethical Each part of the Book includes a chapter considerations were carefully considered on the context in which the support and as well as the tension between reporting assistance is given: social and economic criminal behaviour and protecting the aspects of illegal residence and general client.. This resulted in a draft ethical code attitudes towards undocumented migrants for social workers assisting undocumented in the various countries. Each part also migrants. However, after further provides with information on legal discussion at the PICUM Assembly in hindrances to solidarity. Part 1 concludes Antwerp, October 2002, it was decided to by a chapter containing reflections on bring this code down to ‘Guidelines’. As motivations for providing assistance. The such the paper was adopted project is carried out with the help of a unanimously.2 It will be used by the number of scientists who are contributing member organisations as an instrument to the Book as well1. for clarifying their role and methods of work with undocumented migrants, k) The Ethics of Solidarity possibly for developing their own ethical code. When discussing the motivations of NGOs rendering support to undocumented Pieter Muller PICUM Chairman

1 Information on the progress made with this project can be found on the 2 ‘Some Guidelines for Assisting PICUM website under Undocumented Migrants’, PICUM, ‘Book of Solidarity’. Upon its publication Brussels, 2002. Text on PICUM website. the Book will be on sale.

CCME Conference, Athens, 1 November 2002 49