Working Group III (Human Dimensions)

Migrant workers

Statement on behalf of the European Union, Austria, Finland, Norway and Sweden - 3 November 1994

The Helsinki Document of 1992 reaffirms that human rights and fundamental freedoms are universal and should be enjoyed by migrant workers wherever they live. It underlines the importance of implementing all CSCE commitments on migrant workers and their families lawfully residing in the participating States and also commits these States to encourage the creation of conditions fostering greater harmony in realtions between migrant workers and those resifing in the Participating State.

Integration of migrant workers should, therefore, always be a clear objective of policies of receiving states. Such objectives require measures to facilitate the familiarisation of migrant workers and their families with the language and social life and thus their participation in the life of the host country. It also infers measures for promoting equality of opportunities with regard to working conditions, education, social security and health services, housing, acces to trade unions as well as the preservation of cultural rights in accordance with domestic legislation which is often overlooked when discussing migrant workers relates to their resettlement in the country of origin following experience gained in the host country. This represents a significant asset both for those returning and their home countries.

The CSCE human Dimensions Seminar on Migrant Workers held in Warsaw in March 1994 provided participants with an opportunity to realise the complexity of the subject. Moreover, it proved a useful ground for making both an estimate of the issues related to migrant workers likely to arise in the near future and an appreciation of the different aspects of the question.

However a clear distinctions must be made between legal and ellegal migrant workers. The developmentof illegal imigration has contributed to an increase in social and political tension in our countries, thus imposing tighter controls on these flows while at the same time requiring better cooperation with the states of origin.

Even legal migrant workers, rather than being perceived for what they are, namely social and economic factors who contribute ti the development of the host country, are sometimes - and regrettably so - looked upon as aources of potential social and political tension.

Mr. Chairman

Most migrant workers concentrate in urban and industrial areas. However, the high degree of unemployment prevailing in these areas combined with the great diversity of cultures have complicated the integration of migrant workers into the host community.

Neither local nor national authorities find it easy to address such situations while they strive to define and adopt standards promoting equal treatment of migrant workers and their families underestimate, however, the vitally important fact that securing the economic and social position of migrants in the host country provides governments with an excellent tool for combatting racism by legal means.

Social security systems are under increased pressure, a fact which od aggravated by already existing unemployment. Accordingly, states find it difficult, also with regard to their welfare systems, to absorb new flows of migrant workers and their families while trying to retain an adequate level of social security. Most evidently, the resulting insecurity is felt first and foremost by those nationals of the host country who are unemployed and therefore relying on welfare schemes.

Governments, with the assistance notably of the private sector and NGOs are called upon to prevent the creation of societies where large portions of the population are facing exclusion.

International instruments have been adopted in the framework of the ILO and the Council of Europe. They underline the human dimension of the phenomenon of migration and provide States with clear guidelines for national policies. Through their supervisory mechanisms they also offer a good opportunity for reviewing national policies and measuring the against international standards. CSCE could increase its cooperation with relevant international bodies in order to assist States in designing national legislation on migrant workers in cases where it does not exist, or adapting existing legislation to the new situation.

A number of Western countries, and more specifically EU countries have long been a pole of attraction for migrant workers. They have sought, both nationally, and at the level of the Union, to address the issue in an operational way.

At EU level, for instance, provisions on migrnat workers are contained in the Europe Agreements with the Central and Eastern European countries and are included in the Partnership and Cooperation Agreements between tha EU and certain Newly Independent States.

As regards the EU Agreements with the Central and Eastern Europe countries, the provisions include, on a basis of equal treatment, freedom from discrimination based on nationality, as regards working conditions, remuneration or dismissal and conditions for access to the labour market and coordination of social security systems covering employment within the EU by calculating the periods of insurance, employment, or residence completed by migrant workers for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care.

The Association Council operating within the framework of the Europe Agreements examines the possibilities of granting other improvements, including facilities of access for professional training. In addition, the EU is providing in the Central and Eastern Europe countries technical assistance through the PHARE programme, aimed at restructuring labour markets as well as for the reform of social security.

The Partnership and Co-operation Agreements with certain Newly Independent States stipulate that legally employed workers should not be discriminated with respect to working conditions, remuneration or dismissal. These Agreements, furthermore, provide for cooperation on illegal immigration.

Cosidering that effective management of international migration and the protection of migrant workers depend increasingly on international cooperation, real commitment and mutual support between all countries concerned, the EU and Austria, Finland, Norway and Sweden believe that the CSCE is a forum which may usefully promote such cooperation among its Participating States and give political stimulus to concrete actions and plans likely to improve the situation of migrant workers and their families lawfully residing in the territory of the Participating States.