Ch 4. Who is knocking at my door?
The experience of hosting people.
National Cards:
A card about France
A legal perspective
France was, especially since the mid-nineteenth century, a country of immigration. In 1891, the million foreigners mark is passed, and over 90% come from bordering countries. They come freely and flows are highly mobile. They contribute to the birth of the proletariat, and are often victims of violence (they are accused of destroying wages and strikes).
A little at a time, a "process" begins: Immigration is governed by economic conditions, but to curb the population decline, family immigration is desirable. The 1889 act of birth establishes the soil right, and the obligation to be French for the children born in France of foreign parents who themselves were born in France too.
The interwar years will know the first migrations of colonies (about 100,000 North African workers, all men, labourers).
In the 1920s, France became the first country of immigration in the world, with a massive influx of Italians and Polish, the latter being recruited locally by the general society of immigration. This migration is selective, and under control. Since 1917, immigrants must have an employment contract and an identity card and their papers in order. In times of crisis, expulsions are organized, and some occupations are closed. This wave of immigration, however, provided a tremendous demographical influx of people to the country.
After the Second World War, immigration has become global. Migrants participate actively in the economic growth of the thirty-year boom period. It is also the time when immigration and colonization/decolonization is the most interlinked notably with Algeria.
The construction of the European Union will enhance the distinction made by both public opinion and political decisions between "Europeans" and "non-Europeans." The economic crisis of 1973 and the suspension of immigration in 1974 brought a change in the migratory phenomenon: the policy of political reunification, but also the arrival of political refugees, especially Indochinese people.
Since the last quarter of the twentieth century, the economic situation, the increasing of inequality has been enhancing the conjunction between extra European origins and the disadvantaged section of the population, and has been exacerbating discrimination.
The tightening of legislation, creating situations sometimes extremely complex for foreigners, still has accentuated the marginalization of the underprivileged ones.
Relevant Links
A card about UK (Creds)
A legal perspective
There have been several phases of immigration into the UK in the 20th century and there have been many laws passed in response to both the actual and perceived impact of immigration. Different immigrant groups have had various receptions depending on the economic, social and political circumstances of the time. At the turn of the century there was no legislation on immigration. Today, the laws reflect the complexity of an increasingly diverse society while also incorporating new European regulations.
Following World War 2 Britain entered an ‘open door’ period of immigration with significant numbers of people coming to Britain from former colonies in Asia, Africa and the Caribbean. At this time all Commonwealth subjects automatically had British citizenship along with the right to work and settle in Britain.
In general, Britain is a country of immigration rather than emigration, though it is sometimes said that rates of immigration are less when there are fewer restrictions on entry. Today, there are many criteria to be met before an immigrant can gain citizenship status. The existence of laws on immigration create the status of the ‘illegal immigrant’ and as concerns about illegal immigration are subtly interwoven with rising fears of international terrorism, legislation has become increasingly focussed on monitoring and controlling levels of immigration and citizenship acquisition.
Relevant Links
A card about Italy (Icsim)
A legal perspective
Generally, we can say that our national laws, first of all the Constitution of Italian Republic, in force since 1st Jan.1848, establish the general principles regarding human rights and decide the criteria to rule the migratory flows (both “in” and “out” flows) with ordinary laws and decrees. Whereas the local rules and laws (namely, Regional Statutes and laws, City Statutes, Rules of public bodies in charge of, for instance, education and national health) can, in accordance with the national ones, conform those principles and criteria to each single villages and towns, strengthening and better orientating the policies about migration and inclusion.
For example, while a great controversy was going on about some restrictive national laws recently approved by the Parliament, in 2005 the Region Umbria passed a new Statute in which such values (of welcoming, inclusion, cooperation between different peoples) are emphasized, and “a full inclusion of immigrating people in the Regional society” is expected. Those rules are closely linked to the ones regarding universal values such as the dignity of human beings and the civil rights (healthcare, education, work, social security).
Relevant Links
A card about Germany
A legal perspective
Concentrating on the history of migration in the 20th century in Germany the year 1955 marks a first important step in the post-war history of migration in Germany.
The “Wirtschaftswunder” (economic miracle) usually connected with the former minister of economics Ludwig Erhard took place in Germany.
After World War II and the severe loss of human resources, the thriving German economy was in need of workers. All over Europe the companies did send their recruiters.
This part of the history of migration in Germany is not often talked about officially. But there are lots of stories the migrants do report. How German recruiter came to their villages, promising some sort of paradise in Germany and doing health checks right away.
In 1955 the situation had become chaotic and had to be regulated and so the first bilateral agreement on labour was signed between Germany and Italy.
This agreement was widely debated. The main question was about the salary of these new workers and in the end they were paid standard wages.
This agreement soon was followed by agreements with Spain and Greece and Turkey.
To this time there were no public discussions about future developments. The alien workers were seen as a temporarily phenomenon without a real impact to the German society.
The economic slowdown in the 70ties led to a recruitment stop in 1973.
Contrary to the hopes and beliefs of politicians and the public the recruited workers did not leave Germany but preferred to stay. This development resulted in deep societal changes in Germany.
A rather “closed” and traditional orientated country saw itself, rather unprepared, confronted with the need to deal with strange, unknown cultures, religions, languages and traditions.
It was not before the mid-90ties, that the societal developments resulted in a reform of the Asylum Law. But it took till 2007 before the first National Integration plan was launched following the Immigration Act that went into effect 2004.
For the first time the question of Germany being an immigrational country was discussed and regulated.
A lot of problems still remain to be solved because migration is not only a European problem, but a phenomenon on a global scale and it is to be hoped for that history taught us some lessons.
A card about Belgium
A legal perspective
The laws, rules and judicial precedents constituting the context of the immigration and work policy cannot be isolated from the socioeconomic climate in which they see the light.
So, there is often an immigration regulation and limitation when the unemployment rate is high to prevent foreign workers from competing with Belgian ones. This regulation is applied with far less severity in a good economic situation when there is a great demand for workforce.
Likewise, the legislation has been influenced by the sets of themes broached in the political debate and the content of the compromises that have been reached on the different aspects of the issue: economical immigration, family reunification, naturalization, right to vote, issue of refugee candidates and of illegal immigrant workers, etc.
The juridical and legislative context is double:
- the legislation on the occupation of foreign workforce;
- the legislation in relation to the entry and the stay on the Belgian territory.
Next to this restrictive legislation, the setting up of an integration policy in the beginning of the 80s was accompanied by legal dispositions meant to give concrete expression to it: nationality Code, law against racism and xenophobia, right to vote for the local elections, decrees of regions, communities, etc.
The Treaty of Rome and the dispositions taken later to guarantee the free circulation of people, the equality of rights and of the access to jobs have an influence on the immigration issue. According to that, we have indeed to distinguish from 1968 on the criteria in force for nationals from the EU (among whom Italians) and the criteria for foreigners from outside the EU.
A card about Switzerland
Shortly after the end of World War II, in the context of the post-war economic boom, Switzerland signed an agreement with the Italian government to recruit Italian guest workers. A similar agreement with Spain was signed in 1961. To make sure the workers would not permanently settle and could be sent home, the residence period required for obtaining a permanent residence permit was increased from five to 10 years, and restrictive conditions on family reunion were adopted. This policy was called the "rotation model" because it meant that new workers could be brought in as others returned home. As the economic boom continued through the 1960s, the Swiss government's guest-worker system became less tightly controlled. Furthermore, the Organization for European Economic Cooperation (OEEC) introduced standards for family reunification. Other international lawmaking bodies, such as the International Labour Organization (ILO), also pressured the Swiss government into adopting more "humane" family reunification policies. In response, the government started to replace its "rotation" system with an integration-oriented scheme that facilitated family reunification, made foreign workers more eligible for promotions, and attempted to end labour market segmentation.
Since 1970, Switzerland has held eight popular initiatives (Volksinitiativen) concerning general immigration issues and two relating to asylum policy. While legal referendums concern bills or changes to the constitution voted on in parliament, the popular initiative gives citizens the chance to present new ideas and to put their concerns to other citizens. It is also used by parties outside the government, associations, and interest groups. Of these eight initiatives, seven intended to curb the presence and rights of foreigners in Switzerland. Although none of these initiatives passed, they have influenced the Swiss migration policy agenda and public opinion on immigration issues. These are in addition to three referendums intended to facilitate naturalization of second- and third-generation migrants, which were rejected. (Efionayi, Niedenberger and Wammer, 2005).
Switzerland’s migration policy makes a clear distinction: On the one hand, the Agreement on the Free Movement of Persons (FAZ) greatly facilitates entering and staying in Switzerland for EU and EFTA citizens, on the other hand, conditions are more restrictive for third-country nationals. The Agreement on the Free Movement of Persons has been in force since 1 June 2002 between Switzerland and the European Community as well as its member states. This gives citizens of the European Union (and EFTA) the right to enter and stay in Switzerland, provided they satisfy the requirements provided for in the Agreement. EU/EFTA citizens still require a residence permit and a work permit. The procedure for granting these permits has, however, been significantly simplified and is exclusively the cantons’ responsibility. Third-country nationals remain subject to the Foreign Nationals’ Residence and Settlement Act and its regulatory statutes, particularly the Ordinance on the Limitation on the Number of Foreign Nationals. Residence regulations for non-EU member states are restrictive and residence permits are granted at the sole discretion of the authorities.