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Recommendation 1774 (2006)
The Turkish presence in Europe: migrant workers and new European citizens
1. Sustained migration of Turkish
workers to Europe began with the first bilateral agreement signed between
Germany and Turkey in 1961. At that time, this involved contract
workers, pursuant to agreements concluded between Turkey and the
host countries, coming chiefly from rural areas in Turkey. Since
then, other industrial countries in Europe (namely Austria, Belgium,
France, the Netherlands, Sweden, Switzerland and the United Kingdom)
have attracted Turkish workers.
2. The Turkish migration to western Europe continued in the 1970s
as a result of family reunification or political asylum. The more
recent period between 1989 and 2006 has been characterised by a
decline in the number of cases of family reunion, which have given
way to marriages between so-called “second generation” immigrants
and Turkish nationals. The current decline in emigration from Turkey
is also due to a considerable decrease of asylum seekers and the
search for new economic opportunities in the region of the Commonwealth of
Independent States and the Middle East.
3. The number of Turkish migrants living in the principal host
countries of Europe remains stable or is slightly but constantly
declining (in Germany, for example) or rapidly declining as a result
of acquired citizenship (in Belgium). New immigration countries
have emerged, such as Italy, Spain and Finland. In total, around 3 million
Turkish migrants are currently living in Europe and around 1.2 million
have acquired the nationality of their host country.
4. The level of integration of Turkish residents of first, second
and even third generation has been the subject of intense political
debate and even controversy in a number of member states. Until
the mid-1980s, both Turkey and the host countries always considered
Turkish immigrants to be guest workers (Gastarbeiter) who
would eventually return to Turkey. This very widespread idea gave
the debate on integration the wrong bias from the outset, so that
the host countries have not made a commitment to an integration
policy.
5. The Parliamentary Assembly considers that the strong social
and cultural identity of Turkish migrants and European nationals
of Turkish descent should not be perceived as a barrier to full
integration. Turkish migrants’ role in fostering cultural and economic
links with Turkey represents an opportunity and not a threat to
further European integration.
6. Multiple and substantial bonds between Turkish migrants and
European citizens of Turkish origin with Turkey are not only characterised
by economic dynamism and cultural wealth, but also reflect the transmission of
European values towards the positive evolution of Turkish democracy
and respect for the rule of law and human rights, very well exemplified
by Turkey’s prospects of accession to the European Union. The substantial Turkish
caseload at the European Court of Human Rights is a prime example,
with a growing readiness and awareness of complainants of their
rights under the Convention.
7. Integration is inevitably a two-way process, requiring mutual
respect and sustained effort between the host society and the immigrant
population and their descendants, in order to attain a common life
free from tensions. While the authorities and population of the
host country must assist in migrants’ reception and economic, social
and cultural integration, guarding them against all forms of discrimination,
the migrant population, helped by the authorities in the host country,
must on the other hand make every effort to conform to the customs
of the host society – learning the language, respecting the customs
and codes, abiding by the law and regulations.
8. Numerous inequalities in treatment have to be addressed which
are often associated with casual work, irregular employment, education
and professional training, retirement benefits and social security
coverage, family regrouping, returns, transfer of remittances, free
movement and the issue of multiple nationality.
9. The Assembly therefore recalls the basic principles and rights
enshrined in the instruments of the Council of Europe – adopted
with a view to ensuring economic and social development while realising
and maintaining human rights and fundamental freedoms without any
discrimination with regard to, inter
alia, race, colour, sex, religion and political opinion.
Reference in this respect is made, in particular, to the European Convention
on Human Rights (ETS No. 5) and its protocols, the revised European
Social Charter (ETS No. 163), the European Convention on the Legal
Status of Migrant Workers (ETS No. 93), the Convention on the Participation
of Foreigners in Public Life at Local Level (ETS No. 144), the European
Code of Social Security (ETS No. 48) and the European Convention
on Social and Medical Assistance (ETS No. 14). It also refers to
the United Nations International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families,
which has been ratified by Turkey.
10. The Assembly is concerned that national policies and practices
regarding migrant workers and their families, including migrants
from Turkey, fall increasingly short of meeting international legal
standards.
11. In view of the above, the Parliamentary Assembly recommends
that the Committee of Ministers:
11.1. strengthen
the monitoring mechanisms of the Council of Europe’s legal instruments,
particularly the monitoring of provisions relating to the rights
of migrants such as Article 19 of the revised European Social Charter;
11.2. introduce more effective sanctions for non-compliance;
11.3. call on the member states:
11.3.1. to sign, ratify and implement, where appropriate, the
relevant Council of Europe legal instruments, namely the European
Convention on Human Rights and its protocols, the revised European
Social Charter, the European Convention on the Legal Status of Migrant
Workers, the Convention on the Participation of Foreigners in Public
Life at Local Level, the European Code of Social Security and the
European Convention on Social and Medical Assistance;
11.3.2. to involve migrant associations in the monitoring process
and remove, where applicable, obstacles hindering their involvement;
11.3.3. and more specifically:
11.3.3.1. to
develop proactive policies to combat discrimination and intolerance;
11.3.3.2. to facilitate access to information and access to migrant
workers’ rights in practice;
11.3.4. with regard to delivery of work permits and resident permits:
11.3.4.1. to apply reasonable time limits
in delivering such permits, within six months;
11.3.4.2. to limit work and residence permit fees to administrative
costs not exceeding the equivalent fees for issuing passports to
nationals;
11.3.4.3. to guarantee automatic resident status to children of
holders of work or residence permits;
11.3.4.4. to cease ordering immediate expulsion from the country
upon expiry of the work or residence permit;
11.3.4.5. to guarantee automatic residence of an unlimited period
to migrant workers who have remained legally for a continuous duration
of more than five years;
11.3.5. with regard to social security and health insurance:
11.3.5.1. to guarantee rights to residents
equal to those of nationals;
11.3.5.2. in the case of voluntary return, to guarantee equal rights
to those of nationals with regard to transfer of social security
and health insurance;
11.3.6. with regard to education:
11.3.6.1. in co-operation with the country of origin, to promote
education in the mother tongue in parallel to mainstream education;
11.3.6.2. to avoid the segregation of migrant children in special
schools;
11.3.6.3. to provide equal education and career opportunities for
migrant children, avoiding their seclusion in specific low-skill
and low-wage branches of the economy;
11.3.6.4. to organise teaching of the host country’s language for
migrant workers and their families, particularly at local level
and as far as possible free of charge, by means of personalised,
practical courses focused on the main centres of interest in their
lives, as well as instruction, suited to the specific needs of immigrant
women, in rules of law and fundamental democratic values including
gender equality, and ensure that the effectiveness of these arrangements
is evaluated;
11.3.6.5. to devise specific training courses for primary teachers
on the theme “How to live in a multicultural society/How to live
with diversity?”, and make provision in primary education for lessons
on the same theme for pupils (both of foreign origin and nationals);
11.3.7. with regard to employment in both the public and private
sectors:
11.3.7.1. to remove obstacles
to equal access to employment and career advancement;
11.3.7.2. to take measures to fight discrimination and exclusion
at work, particularly through the introduction by employers of workplace
diversity plans (possible content being the nomination of a manager
in charge of such matters as diversity, anonymous job applications
and quotas), and through more active engagement of trade unions
in defending migrant workers’ rights;
11.3.7.3. to take measures to increase migrant workers’ access to
professional training, particularly for those self-employed;
11.3.8. with regard to integration:
11.3.8.1. to develop policies to encourage the active participation
of migrants in the social, cultural, economic and political life
of the host country;
11.3.8.2. to remove obstacles to migrants’ rights of association
in order to protect their social, economic and political rights,
namely through their active participation in associations, trade
unions, political parties and elections;
11.3.8.3. to allow dual nationality as a means of increasing the
level of integration while ensuring cultural diversity and links
with the country of origin;
11.3.8.4. to take measures encouraging respect of diverse cultures
and religions as an essential factor for social stability and peace.