CCME

Version:1.0 StartHTML:0000000168 EndHTML:0000006252 StartFragment:0000000805 EndFragment:0000006235

“I should like to underline that in our view the phenomenon of illegal residence might be significantly

reduced by:

1. clear, accessible and open procedures for legal labour migration into the EU, as

well as a coherent and open information policy on these procedures

2. an improved efficiency and quality of asylum procedures, and an asylum policy which would make it possible to reach the territory of the Union in a legal way and launch a claim for asylum”¹

one of the problems with many voluntary return programmes is the lack of preparation that the migrant has to return.²

““Everyone has the right to leave any country, including his own, and to return to his country.”4 Of course, this right does not mention a right to immigrate in any country; however, it does effectively prevent governments from introducing extreme emigration controls if they are not to be accused of human rights violations”.3 4 Universal Declaration of Human Rights, Art. 13.2³

“Some research also proves that low-skilled (and perhaps irregular) migrants send back higher amounts of remittances than highly skilled experts.”⁴

1F Leinemann & D Peschke, “Contribution to the European Commission Hearing on a Community Return Policy on Illegal Residents, Brussels 16 July 2002-10-17,” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 2.

2F Leinemann & D Peschke, “Contribution to the European Commission Hearing on a Community Return Policy on Illegal Residents, Brussels 16 July 2002-10-17,” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 3.

3F Leinemann & D Peschke, “Contribution to the European Commission Hearing on a Community Return Policy on Illegal Residents, Brussels 16 July 2002-10-17,” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 4.

4F Leinemann & D Peschke, “Contribution to the European Commission Hearing on a Community Return Policy on Illegal Residents, Brussels 16 July 2002-10-17,” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 4.

CCME

“As Christian organisations, we are deeply committed to the dignity of the human individual, the concept of global solidarity and the promotion of a society that welcomes strangers”¹

need for both migrants and receiving society to be active in promoting integration.²

Key principles (1) equal rights for all legally residing citizens (ambiguous here as they include third country nationals) (2) right to family reunification (3) “Regularisation schemes for irregular migrants should be seen as a means of improving both the individual situation of the irregular migrant and at the same time improving the level of integration in our societies. EU legislation should not criminalise migrants in irregular situations.”³

refer to the need to employ migrants in sectors other than “typical migrant ones”⁴

“All migrants, including undocumented, should have access to basic services such as health care and education, and assisting undocumented migrants for humanitarian reasons must not be criminalised.”⁵

1Churches' Commission for Migrants in Europe, “Joint comments on the Commission Communication presenting A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union, COM (2005) 389 final” Churches Commission for Migrants in Europe Homepage, available online at www.ccme.be/archive/2006/comments%20integration%20communication.pdf [Accessed September 10 2008], 1

2Churches' Commission for Migrants in Europe, “Joint comments on the Commission Communication presenting A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union, COM (2005) 389 final” Churches Commission for Migrants in Europe Homepage, available online at www.ccme.be/archive/2006/comments%20integration%20communication.pdf [Accessed September 10 2008], 2.

3Churches' Commission for Migrants in Europe, “Joint comments on the Commission Communication presenting A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union, COM (2005) 389 final” Churches Commission for Migrants in Europe Homepage, available online at www.ccme.be/archive/2006/comments%20integration%20communication.pdf [Accessed September 10 2008], 3.

4Churches' Commission for Migrants in Europe, “Joint comments on the Commission Communication presenting A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union, COM (2005) 389 final” Churches Commission for Migrants in Europe Homepage, available online at www.ccme.be/archive/2006/comments%20integration%20communication.pdf [Accessed September 10 2008], 4.

5Churches' Commission for Migrants in Europe, “Joint comments on the Commission Communication presenting A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European Union, COM (2005) 389 final” Churches Commission for Migrants in Europe Homepage, available online at www.ccme.be/archive/2006/comments%20integration%20communication.pdf [Accessed September 10 2008], 4.

CCME

Version:1.0 StartHTML:0000000168 EndHTML:0000011695 StartFragment:0000000805 EndFragment:0000011678

“We share the concern about increased smuggling and trafficking, as these phenomena leave hundreds of persons in dependence on criminal organisations,”¹

“However, we also recognise that the increase in smuggling and trafficking has taken place parallel to tightening of immigration possibilities and stricter border controls. It should be remembered in this context that even refugees often have to resort to smugglers or traffickers to escape persecution and reach a safe place2. There are reasons to believe that with an opening of immigration possibilities less people would be forced to choose these ways as their last means to enter the EU.”²

“We regard the total exclusion of regularisation procedures when the communication states that "Illegal entry or residence should not lead to the desired stable form of residence" as unrealistic and not helpful...most offences and crimes have a limitation period. We believe that this principle has a sound basis and should be valid for illegal entry and residence as well. It is difficult to understand that some crimes can only be punished for a certain period, but illegal entry or residence should remain a lifelong burden, even if a person has successfully integrated and been working in a country for several years and has more family and other personal ties in this society than in the country of origin”³

“visa requirements ought to be defined in a way that people can actually meet them and enable people to travel and visit friends and family in European countries. If financial guarantees are requested which cannot be met with an ordinary income, they are understood as a barrier which hinders normal exchange and forces people to circumvent existing regulations.”⁴

“The majority of irregular migrants are neither criminals nor eager to benefit from the social system. Instead, they look for employment and work under unprotected conditions, many in rural and agricultural sectors, providing domestic cleaning and care services, as well as employing their skills on building and constructions sites, in restaurant and hotel services etc. The society and the economy of the EU member states benefit, but of course they also face the negative side, that no taxes and social contributions are paid.”⁵

“the Churches' recognition of migration as a twofold right, to leave one’s country and to look for better conditions of life in another country. We are aware that an entirely “open door policy” is not conceivable and, certainly, migration (policy) will not solve the challenges of global imbalance. Nevertheless, the exercise of such a right needs to be seen in the context of the global common good and justice, and not only in the context of control and limitation measures”⁶

1 Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 2.

2 Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 2.

3Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 3.

4Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 3.

5Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 5.

6Churches’ Commission for Migrants in Europe, “Comments on the Communication from the Commission to the Council and the European Parliament On a Common Policy on Illegal Immigration (COM (2001) 671 final of 22 November 2001 and on the Proposal for a comprehensive plan to combat illegal immigration and trafficking of human beings in the European Union as adopted on 28th February Presented by the Presidency to the Council of the European Union (Document ST 6621/1/02 REV 1)”Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 6.

Rostagono

“migration is a normal phenomenon and thus a migration policy ought to provide regulation rather than prevention of movement”¹

danger of not seeing migrants as entitled to rights.²

argues for a limitation on the use of force and pressure upon migrants.³

“As today a huge number of persons do not see an alternative than to turn to smugglers to find access to Europe as visa requirements make it almost impossible to enter without “good connections”, many persons find themselves in the hand of organisations trafficking in human beings.”⁴

1D Rostagno, “Contribution on behalf of CCME, the Churches’ Commission for Migrants in Europe and the Conference of European Churches to the Hearing of the Economic and Social Committee of the EU on the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Family”, 4 May 2004” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 2.

2D Rostagno, “Contribution on behalf of CCME, the Churches’ Commission for Migrants in Europe and the Conference of European Churches to the Hearing of the Economic and Social Committee of the EU on the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Family”, 4 May 2004” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 2.

3D Rostagno, “Contribution on behalf of CCME, the Churches’ Commission for Migrants in Europe and the Conference of European Churches to the Hearing of the Economic and Social Committee of the EU on the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Family”, 4 May 2004” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 3.

4D Rostagno, “Contribution on behalf of CCME, the Churches’ Commission for Migrants in Europe and the Conference of European Churches to the Hearing of the Economic and Social Committee of the EU on the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Family”, 4 May 2004” Churches Commission for Migrants in Europe Homepage available online at www.ccme.be [Accessed September 10 2008] 3.

Reis

RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163.

Compares the situation of many immigrants to that of a boat unable to arrive at a port.¹

Sovereignty of the state linked to its monopoly over the legitimacy of mobility.²

International migration is therefore a political movement, from the sphere of influence of one state to that of another.³

Outlines development of international law and declarations on immigration.⁴

points to a worrying tendency of the criminalization of illegal immigration. Matter of concern for the Brazilian government as many Brazilian immigrants (Itamaraty estimates 1/3) are undocumented. Fears for the abuse of their human rights.⁵ Refers to negotiations between the Brazilian government and the Portuguese government, and in the USA over the “Operacao Desembarque” concerning the dignified deportation of Brazilians held as illegal immigrants in America.⁶

tendency in international law to recognise individuals as having rights independent of their nationality.⁷

Nationality determined by political contract (“French” Model) vs determined by (dominant) Culture (“German” Model)⁸

Migration seen to intensify issue of national identity: 3 questions raised for the state 1) who can come in 2) of those who can come in who can stay permanently 3) of those who can stay permanently how many can become citizens.⁹

Presents the position that the ability and right of the state to determine citizenship and control its borders is being weakened by 1) International law and the universalisation of human rights 2) economic changes 3) the difficulties in controlling illegal immigration. Counter to this argues 1) although the rights of migrants are protected, the right to immigration is not 2) immigration increasingly being linked to national security. Claims the issue is rather the difficulty in determining what the state is, what it's role is, and how national identity is to be determined.¹⁰

1RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 149.

2RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 150.

3RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 150.

4RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 151–153.

5RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 153.

6RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 153.

7RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 153.

8RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 155.

9RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 155–156.

10RR Reis, “Soberania, Direitos Humanos e Migrações Internacionais” Revista Brasileira de Ciências Sociais 19:55 (2004), 149–163, 156–161.

Castaneres

A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65.

Points out that migration (3%) currently represents a lower proportion of the world population than during other periods.¹ in terms of economically active population even less (1.4-1.6%).²

focus on migration occurs because migrants are more visible than the other, often negative, effects of globalization.³

points to the paradox of at the same time freeing the flow of capital and goods, whilst applying restrictions to the flow of labour.⁴

migration seen as a response to the inequalities of international capitalism, especially between states.⁵

workers without documentation in US less likely to make trips/ Return to home country.⁶

claims that human rights of workers are weakened by a theory of citizenship which ties rights to a legal status.⁷

1A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 43.

2A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 44.

3A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 44.

4A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 44.

5A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 46.

6A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 57–58.

7A Castañer & T Dunn, “Trabajadores Indocumentados Y Nuevos Destinos Migratorios en La Globalizacion” Política y Cultura 23 (2005) 43–65, 62.

Castles and Miller

"The question is whether democratic states can in the long run successfully operate with a population differentiated into full citizens, quasi-citizens and foreigners."¹ (40)

believe that the nature of citizenship will change and the link to one nation state become more tenuous² (40)

o

"these rapid changes in global economic and political relationships have had dramatic effects in Africa, Asia and Latin America...many countries are marked by rapid population growth, overuse and destruction of natural resources, uncontrolled urbanization, political instability, falling living standards, poverty and even famine."³ (77-78)

o

"Much migration of qualified personnel is from less-developed to highly-developed countries...The "brain drain" can represent a serious loss of skilled personnel and training resources for the poorer countries. On the other hand, many of the migrants were unable to find work in their home countries. Their remittances may be seen as a benefit, and many return eventually with additional training and experience, which can facilitate technology transfer." ⁴(88)

o

"Illegal migration is, by definition, a product of the laws made to control migration."⁵ (90)

"Official views on illegal immigration changed dramatically as economic conditions worsened, unemployment increased and anti-immigrant political movements began to attract support." ⁶(91)

"growing agreement that entry restrictions could have only limited success."⁷ (93)

International cooperation to abate migration to Europe: (1) trade liberalization (2) direct investment (3) foreign aid ⁸(95-96)

o

"probably the single most important factor behind the rise in emigration from the Latin American and Caribbean countries has been the declining level of economic performance."⁹ (151)

o

OECD conference on Migration. (1986)..reasons for increasing alien employment:

"the ageing of Western Societies, demographic imbalances between developed and developing regions in close proximity to each other, the North-South gap, continuing employer demand for foreign labour and the growth of illegal migration."¹⁰ (169)

"many of the exploding cities of Asia and Latin America become way stations on the road to urban centres in industrial democracies."¹¹ (172)

1S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 40.

2S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 40.

3S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 77–78.

4S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 88.

5S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 90.

6S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 91.

7S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 93.

8S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 95–96.

9S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 151.

10S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 169.

11S. Castles & M. Miller, The Age of Migration: International Population Movements in the Modern World, (London: Macmillan, 1993) 172.