6 February 1992

Doc. 6566

1403-5/2/92-17-3

MOTION FOR A RECOMMENDATION

on traffickers and employers of clandestine migrants

presented by Mr PAHTAS and others

1.       The need to control migratory flows from East to West and from South to North has led Council of Europe member states to hold consultations with a view to harmonising their national migration policies.

2.       Such desirable harmonisation has so far mainly consisted, especially in the member states of the European Community, of the adoption of restrictive measures regarding access to the national territory, visa regulations and the issue of residence and work permits.

3.       However, economic, social and demographic disparities are such that the developed countries of Western Europe provide opportunities for employment and living conditions which continue to attract migrants.

4.       The demand for low-paid unskilled labour, often used for extremely hard work, which is emerging in many European countries, is increasingly difficult to satisfy with local workers or legally settled migrants, despite persisting unemployment.

5.       The combination of these factors drives persons applying to emigrate to seek even illegal means of overcoming the obstacles to their working in developed European countries.

6.       Some call on the services of criminal associations (traffickers in illegal migrants) which are well established in both the sending and receiving countries and undertake, for large sums of money, to help migrants cross borders to the country of destination, where specialised networks place them in contact with employers providing illegal work.

7.       This situation represents not only a violation of the rights of these illegally settled and employed migrants, but also an infringement of the safeguards to which all workers are entitled, a distortion of the rules of competition between firms, and a deceit inflicted on society by the injustice of employing low-cost labour without paying social security charges.

8.       The presence of clandestine migrants in our societies is exploited as a pretext by certain political forces to stir up racism and xenophobia.

9.       The Assembly considers that the combat of clandestine labour cannot be restricted to the monitoring of clandestine migrants.

10.       Consequently, the Assembly recommends that the Committee of Ministers:

      i.       prepare an international instrument facilitating the effective combat of the traffic in workers and providing for severe sanctions against traffickers, intermediaries and employers of clandestine migrants;

      ii.       in the interim, promote consultation between member states regarding the combat of clandestine immigration and the concomitant exploitation of migrants;

      iii.       invite the governments of sending and receiving countries to hold consultation with a view to launching information campaigns on the risks of clandestine immigration;

      iv.       encourage North-South and East-West co-operation in order to promote employment and economic and social development, as well as the protection of human rights, in migrant sending countries.

      Signed:       PAHTAS, ROMAN, GARCIA SANCHEZ, RUFFY, TUMMERS, ROKOFYLLOS, FOURRE, SEEUWS, BÖHM, CHEVALIER, SZELENYI, BINDIG, SARKIJARVI, SOELL, ANTHOPOULOS, BIEFNOT, CUCÓ, BOLINAGA, GUIRADO, MENZEL