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<p align="justify"><b>27 April 1992<br><br>Doc. 6590 </b></p>



<p align="justify"><b>1403-23/4/92-3-E</b></p>

<p align="justify"><b>Report</b> </p>

<p align="justify">on relations between migrants and trade unions</p>

<p align="justify">(Rapporteur: Mr WORMS, France, Socialist)</p>

<hr size="1">

<p align="justify"><u>Problem</u></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Today, in most of the member states of the Council of Europe, migrant worker membership of trade unions is much lower than that of indigenous workers.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In some countries, the unions' reluctance to deal with immigration questions has encouraged the proliferation of migrants' associations which have been perceived as competing with trade union organisations.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The provisions on union rights in the European Social Charter and the European Convention on the Legal Status of Migrant Workers, which are open for signature only to the member states of the Council of Europe, apply only to lawfully residing migrant workers who are nationals of the Contracting Parties. This same restriction also appears in the Community Charter of the Fundamental Social Rights of Workers, which is confined to nationals of the member states of the European Community.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In the case of workers who are unlawfully present, the exercise of union rights either is not legally possible, or is regarded as an activity which increases the risk of expulsion.</p>

<p align="justify"><u>Proposals</u></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Committee of Ministers should examine ways to extend the application of union rights, defined in the European Social Charter and the European Convention on the Legal Status of Migrant Workers, to all lawfully residing workers, regardless of their country of origin.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The question of the union rights of migrant workers who are unlawfully present should also be studied, so as to enable them to be protected against labour traffickers and employers who do not fully respect their obligations. </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Assembly expresses the wish that the representatives of trade unions and migrants' associations be more closely associated with the activities of the Council of Europe, particularly in respect of intercommunity relations.</p>

<p align="justify"><b>I.   <u>DRAFT RECOMMENDATION</u></b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Today, in most of the member states of the Council of Europe migrant worker membership of trade unions is much lower than that of indigenous workers.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In some countries, the trade unions are very sensitive to the problems of migrants, welcoming them openly and even going so far as to set up specialised internal departments.  In other countries, the attitude of the trade unions is more reserved, and the integration of migrants into union life is hindered by the barrier represented by their status as aliens.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Very often, the reluctance of the unions to deal with immigration questions has encouraged the proliferation of migrants' associations, which have been perceived as competing with trade union organisations.  Nevertheless, the migrants consider their associations to be vital for the purpose of complementing union action in all matters concerning their integration into the host society.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; But the firm where he works, and the working world in general, remain the prime contact of the migrant worker with the host country.  The unions have a privileged role and position for supporting a multicultural integration policy which enables indigenous workers to avoid the pitfalls of racism and xenophobia, while ensuring that migrants have equal opportunities of employment and in society.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The provisions on union rights in the European Social Charter and the European Convention on the Legal Status of Migrant Workers, which are open for signature only to the member states of the Council of Europe, apply only to lawfully residing migrant workers who are nationals of the Contracting Parties.  This same restriction also appears in the Community Charter of the Fundamental Social Rights of Workers, which is confined to nationals of the member states of the European Community.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the case of workers who are unlawfully residing, the exercise of union rights either is not legally possible, or is regarded as an activity which increases the risks of expulsion.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly therefore recommends that the Committee of Ministers:</p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; examine ways to extend the application of union rights, defined in the European Social Charter and the European Convention on the Legal Status of Migrant Workers, to all lawfully residing workers, regardless of their country of origin;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; study the question of the union rights of migrant workers who are unlawfully residing, so as to enable them to be protected against labour traffickers and employers who do not fully respect their obligations;</p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; instruct the European Committee on Migration (CDMG) to undertake a study, in close co-operation with the union organisations, on the participation of migrants in trade unions in the member states of the Council of Europe, covering questions such as the right to join unions, social rights at the place of work and the exercise of responsibilities within the union;</p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; associate the representatives of trade unions and migrants' associations more closely with the activities of the Council of Europe, particularly in respect of intercommunity relations;</p>

<p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invite those member states which have not yet signed or ratified the European Convention on the Legal Status of Migrant Workers to do so as soon as possible.</p>

<p align="justify"><b>II.  <u>EXPLANATORY MEMORANDUM</u></b></p>

<p align="justify">by Mr Worms</p>

<p align="justify"><u>Contents</u></p>

<p align="justify">Page</p>

<p align="justify">INTRODUCTION&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 5</p>

<p align="justify">PRESENT SITUATION OF THE RELATIONS BETWEEN MIGRANTS   </p>

<p align="justify">AND TRADE UNIONS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6</p>

<p align="justify">a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The migrants' point of view&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6</p>

<p align="justify">b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The trade unions' point of view&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7</p>

<p align="justify">c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The situation in the United Kingdom&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 8</p>

<p align="justify">LEGAL CONTEXT&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  9</p>

<p align="justify">a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The right to form and join a trade union&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10</p>

<p align="justify">b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Social rights in the workplace&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10</p>

<p align="justify">c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Participation of migrant workers in the management </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;of trade unions&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 11</p>

<p align="justify">PROPOSALS FOR ACTION&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 11</p>

<p align="justify">CONCLUSIONS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 12</p>

<p align="justify">APPENDICES</p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Programme of the colloquy held in Paris on </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;22&nbsp;January&nbsp;1992&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 14</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Signatures and ratifications of the European </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Social Charter, its additional Protocol and </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the European Convention on the Legal Status</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;of Migrant Workers&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 15</p>

<p align="justify"><b>INTRODUCTION</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Today, in most of the member states of the Council of Europe trade unions' membership among migrant workers is much lower than among national workers.  This is due to many factors.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In July 1989, at a hearing which the committee organised with representatives of associations of North African migrant workers, it was clear that migrants' associations hesitate to recommend their members to join a union.  But it is also true that the union organisations are sometimes reluctant to give the problems of migrant workers, particularly if they are illegal immigrants, the importance they deserve.  Other factors of an economic, social or cultural nature also explain migrants' disenchantment vis-à-vis trade unions.  </p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Furthermore, the legal context governing relations between migrants and unions differs from one host country to another, notwithstanding the existence of European legal instruments which grant migrant workers a number of social rights.  Very often, however, and this applies to the European Social Charter and the European Convention on the Legal Status of Migrant Workers, their provisions apply only to the nationals of the Contracting Parties.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; There is a similar limitation in the scope of application of the Community Charter of the fundamental social rights of workers, which concerns only workers of the European Community.  Nevertheless, one of the recitals preceding the Charter specifies that it is up to the member states of the Community to guarantee that workers from third countries, who are legally residing in a member state, can enjoy treatment comparable to that enjoyed by the nationals of the state in question.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the case of illegal immigrants, membership of a trade union is either not legally possible or is not perceived to be necessary or even desirable.  Indeed these workers, notwithstanding their precarious living and working conditions, do not dare to join a union when they have the opportunity, in case their participation in its activities should increase the risk of expulsion.  Such workers, who are illegal and non-unionised, then become an easy prey for certain unscrupulous employers.  </p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the subject appeared to be somewhat complex, I thought it necessary, before drafting the report, to ascertain the point of view of the various parties involved.  For this purpose the committee organised a colloquy in Paris on 22&nbsp;January 1992, the programme of which is given in Appendix&nbsp;1, which was attended by some 100 people, including parliamentarians, migrants, trade unionists, independent experts, government officials and journalists.  The discussions covered the present state of relations between migrants and trade unions, their legal context and concrete proposals for future action.  The colloquy also provided the opportunity to initiate a broad dialogue on matters of common interest in a constructive spirit.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A report on the colloquy, the list of participants and the various written contributions submitted by them have been published separately.  Persons particularly interested in the subject may refer.  The paragraphs which follow set out the main thrust of the discussions, as well as my own conclusions on the questions discussed.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; First of all I would like to say that the opinions and papers presented during the colloquy were naturally based on the personal experience of the various speakers.  For this reason they accord importance to the situation which is closest to each speaker, generally that of his country of residence.  This explains why the situation in Germany or the United Kingdom is set out in more detail than that in other countries.  However, many speakers emphasised the common features of these situations and those in other host countries.  This also accounts for the fact that the descriptions of these situations reflect the point of view of the speakers at the colloquy and make no claim to complete objectivity.</p>

<p align="justify"><b>PRESENT SITUATION OF THE RELATIONS BETWEEN MIGRANTS AND TRADE UNIONS</b></p>

<p align="justify">a.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The migrants' point of view</u></p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The migrants perceive the European unions as a very diverse phenomenon.  In some countries, the unions are very sensitive to the problems of the migrants, openly welcoming them and even sometimes establishing special departments for them.  In others, the attitude of the unions is much more restrictive and the integration of migrants into union life is hindered by the barrier of foreigner status.</p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Furthermore, until very recently European trade unionism was firmly anchored in national traditions, and this was a drawback in dealing with matters which, as in the cases of migration, far exceeded the national context.</p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In addition, for many years European trade unionism has concentrated on improving the economic and social rights of workers in firms, but it has not been possible to resolve the problems encountered by migrants solely within that context. </p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It must therefore be accepted that the number of migrants' associations, their proliferation and strength and the diversity of their potential for action and intervention is the result of union failure to tackle immigration. By not dealing with the specific problems of migrant workers, the unions have inadvertently encouraged the development of migrants' associations.</p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It would however be unjust not to recognise the key role which trade unionism has played in the training of many leaders of migrants' associations.  Many of them had their first experience in unions, where they carried out their first campaigns for the defence of the rights of migrants at work.</p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The voluntary movement deriving from immigration therefore meets the need to supplement the action of the unions.  It does not seek to compete with them in their privileged area of intervention, the firm, but rather to undertake parallel action within the host society to defend the rights of migrants in the matter of residence, social security, family reunion or the education of their children.  The migrants consider their associations essential to fill the gap left by union action in all matters concerning the integration of migrants.</p>

<p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It must also be recognised that the completion of a single market in the European Community in 1993 is causing apprehension amongst the immigrants established in its 12 member states.  The varying status of Community and non-Community worker, the free movement of persons, access to employment and the guaranteeing of social rights or the mobility of workers raise the problem of adapting union action to the new European situation.  Extra-Community migrants fear that the unions will be committed to action at European Community level, and will therefore attribute less importance to their specific problems, which may increase.</p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Even greater is the anxiety amongst illegal immigrants. In certain European countries, with the current wave of xenophobia, the campaign against illegal immigration has become an election issue.  The unions then have the problem of reconciling this campaign with the defence of the worker, whatever his administrative status, against any form of exploitation.</p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The migrants mistrust the &quot;witch hunt&quot; aspect of the campaign against illegal employment in some countries, on the basis that this attitude might one day prejudice the rights of foreign workers legally residing in the host country.</p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the light of the foregoing, it is understandable that the migrants should turn to the associations to defend their rights.  However, they are aware of the limitations of the voluntary movement.  The unions have a social and political influence way beyond that of the associations, but their dilatoriness in adapting to social and cultural change has probably caused the associations to sharpen their action.</p>

<p align="justify">b.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The trade unions' point of view</u></p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The representative of the German Confederation of Trade Unions (DGB) began by emphasising that the Confederation had always defended the interests of all workers in Germany, whatever their nationality.</p>

<p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; When, in the 1950s, the Federal Republic of Germany, in common with other industrialised European countries, recruited foreign workers, the unions accepted this immigration provided that these workers were placed on an equal footing with German workers in the same occupational category in the matter of labour and social legislation.  From the outset, the aim of the trade unions was to get the foreigners to become members to enable them to work alongside German workers in looking after their common interests.</p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As a result of demands by the trade unions and of their activities in this area, the right to vote in elections too, and to stand for, the works councils was granted to migrant workers in Germany in the 1970s.  At present approximately 50% of migrant workers belong to unions.  In firms, the unions have demonstrated great solidarity with the migrants, and many of them were unaccustomed to this.  Thus migrants have been more successfully integrated at work than in society as a whole.</p>

<p align="justify">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Immigration was halted in 1974, but with the concomitant granting of work and residence permits of longer duration, family reunions, the influx of asylum seekers and the arrival of refugees of German origin, there was a change in the situation.</p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As in the case of other European countries, today's migrants resident in Germany have been there for a long time (70% for more than 10 years), and so the migrants and their families have become an integral part of the host society.  This development has compelled the unions to extend their commitment to the migrants to society as a whole.  </p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; For this reason, the DGB has been calling since the beginning of the 1970s for the integration of migrants into German society.  This presupposes that the foreigners can organise their lives in Germany without rejecting their ethnic, religious and cultural identity.</p>

<p align="justify">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The DGB is however aware that integration and equality of opportunity and treatment for migrant workers face many obstacles which derive from socio-economic differences rather than from discrimination.  The fact that unemployment rates are higher amongst migrants than national workers is mainly due to the fact that many migrant workers have no occupational qualifications.</p>

<p align="justify">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The unions are aware that in order to resolve this problem, second-generation migrants must be given the same opportunities for training and education as young nationals.  But the migrants must be convinced of the need to acquire occupational qualifications in order to have a better chance of keeping their jobs.</p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In recent months, the flow of migrants into Germany, which has caused shortages of housing and jobs, has aroused some hostility in a section of the population which has been politically exploited by the parties of the extreme right, giving rise to acts of racism and xenophobia.  The German unions resolutely condemn these acts and are against all forms of discrimination.</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In regard to the completion of the internal market of the European Community in 1993, the German unions are against the introduction of two categories of workers having different rights according to whether or not they are Community nationals. The German unions hope that nationals of third countries will be granted the same rights of movement and establishment as Community citizens, so that they can take up the same occupational activities.</p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The German unions consider that the migrants have made an important contribution to the economic development of Germany and the whole of Europe.  Future migration policies in Europe must be based on this recognition.</p>

<p align="justify">c.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The situation in the United Kingdom</u></p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the United Kingdom, the situation has very specific characteristics which call for particular attention.  Most immigrant workers and their families arrived in the years following the second world war, very often from the former colonies.  Because of this, they are regarded as ethnic minorities permanently settled in the country and enjoy citizenship and civic rights.  The question which arises is therefore one of the relations between the workers belonging to these minorities and the trade unions.</p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Experience has shown that the theoretical possession of the same rights does not necessarily involve their enjoyment in practice.  Racism still blights the employment experiences of ethnic minorities, and established traditions and practices reduce the full participation of black members in unions.  Of course, &quot;black&quot; includes ethnic minorities of Afro-Caribbean and Asian origin. </p>

<p align="justify">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Unlike those in many other European countries, black migrant workers in the United Kingdom have been more likely to join unions in certain occupational sectors than white workers.  But the situation has now greatly changed.</p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At the present time, the unions are having great difficulties in convincing a much more sceptical second generation of the benefits of union membership.  They are also finding it very difficult to recruit members from the ethnic minorities working in the ever-increasing number of sectors in which wages are very low and conditions precarious.  These are mainly people employed in illegal workshops or working at home or part-time for unscrupulous employers.</p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is however true that the British unions must also bear a share of the blame for the disenchantment of the ethnic minorities.  First of all, union leaders did not always understand that these minorities had problems which differed from those of their other members.  Then, there were cases where workers belonging to these minorities were the victims of active or passive discrimination because of some collusion between employers and union officials.  Cases have also been reported in which the unions were reluctant to take measures against some of their members with racist attitudes.  Finally, it has to be said that for many years the British trade unions were not sufficiently aware of the importance of matters concerning racism and equality of opportunity.</p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It was not until 1979 that the British unions began actively to combat racism and encourage their members to be more active in the protection of the rights of black workers.  The publication in 1981 of &quot;Black workers: a TUC charter for equal opportunity&quot; is a worthy example for other European unions.</p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Practice shows that if the unions wish to increase their influence amongst the minorities, they must take action in those fields which closely affect them, with particular reference to combating racism in the workplace and in the union itself.  It is also becoming necessary for the unions to work in close co-operation with the associations of ethnic minorities, and not to hesitate to take up positions on the future problems of inter-community relations which arise outside the occupational context.</p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This type of approach should enable the British unions to overcome a certain tendency of the ethnic minorities to organise independently in parallel structures within the unions.  The pros and cons of such structures, and the form which they should take, will doubtless continue to be the subject of debate in the British trade unions.</p>

<p align="justify"><b>LEGAL CONTEXT</b></p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The participation of migrants in trade unions raises problems in three fields: the right to join, social rights in the workplace and conditions governing membership and the exercise of responsibilities &quot;within&quot; and more recently &quot;on behalf of&quot; trade unions.  </p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The advances made, not without difficulty, as regards trade union rights in the main migration period (1960-1974) concerned relatively small migrant populations (nationals of States Parties to the Social Charter or the European Convention on the Legal Status of Migrant Workers or nationals of the member states of the European Community).</p>

<p align="justify">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It was not until the end of the 1970s, when immigration stabilised, that certain European states granted migrants lawfully present, regardless of their origin, a number of rights including trade union membership.</p>

<p align="justify">a.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The right to form and join a trade union</u></p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The European Social Charter of 1961 recognises the right of migrant workers residing legally on the territory of a State Party to the Charter to join trade unions (Article 19).&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   But the Appendix to the Protocol to the Charter specifies that it concerns foreigners only in so far as they are nationals of other Contracting Parties, ie the nationals of other member states of the Council of Europe, which alone can be signatories of the Charter.  However, this Appendix to the additional Protocol to the Charter accepts that this interpretation does not exclude the extension of similar rights to other persons by one or the other of the parties.</p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 1977 Convention on the Legal Status of Migrant Workers recognises the right of a national of a Contracting Party, who has been authorised by another party to reside on the territory, to organise for the protection of his economic and social interests on the conditions provided for by national legislation for its own nationals (Article 28).  But this Convention has still not been widely enough accepted, as only seven Council of Europe member states have so far ratified it.  A Chart showing signatures and ratifications of this convention and of the European Social Charter appears in Appendix 2.</p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The European Community text which covers the free movement of workers within the Community provides for equal treatment for workers who are nationals of a member state in the matter of trade union membership and the exercise of union rights including the right to vote (Regulation 1612/68).</p>

<p align="justify">44.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of their Families adopted by the General Assembly in New York on 18&nbsp;November&nbsp;1990, considerably extends the right of membership.  Its Article 40 on the special rights of migrant workers lawfully residing lays down that these workers shall have the right to form associations and trade unions in the state of employment for the promotion and protection of their economic, social, cultural and other interests.  No restrictions may be placed on the exercise of this right other than those that are prescribed by law and are necessary in a democratic society in the interests of national security, public order or the protection of the rights and freedoms of others.  This approach is broader than in the European instruments in that it makes legislation, the embodiment of a democratically expressed will, responsible for establishing the framework for the freedom to form associations and trade unions for the migrant worker.</p>

<p align="justify">b.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Social rights in the workplace</u></p>

<p align="justify">45.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Both the European Social Charter and the Convention on the Legal Status of Migrant Workers are much less explicit in describing these social rights in the workplace. Only in the 1988 Additional Protocol to the European Social Charter are there to be found provisions concerning the right to information and consultation, and the right to take part in the determination and improvement of working conditions and the working environment.  These rights apply to foreigners only in so far as they are nationals of the other Parties, resident or working lawfully within the territory of the party concerned.</p>

<p align="justify">46.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Convention on the Legal Status of Migrant Workers deals with this matter in Article 29 in two lines: &quot;Each Contracting Party shall facilitate as far as possible the participation of migrant workers in the affairs of the undertaking on the same conditions as national workers&quot;.</p>

<p align="justify">47.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Regulation 1612/68 of the European Community also provides that the Community worker &quot;shall also be eligible to organs representing workers in the undertaking&quot;.  The reference is of course to workers lawfully residing.</p>

<p align="justify">48.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The United Nations Convention does not deal with this matter.</p>

<p align="justify">c.<u>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Participation of migrant workers in the management of trade unions</u></p>

<p align="justify">49.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Neither the European Social Charter nor the Convention on the Legal Status of Migrant Workers refer to the participation of migrant workers in the management of trade unions or to the exercise of responsibilities within them.  The term &quot;membership&quot; used in these texts would not appear to include &quot;management&quot; of unions.</p>

<p align="justify">50.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In contrast, in the European Community (Regulation&nbsp;No.&nbsp;312/76), a worker who is a national of a member state and employed in the territory of another member state shall be afforded equal treatment in respect of trade union membership and the exercise of trade union rights, including the right to vote and &quot;access to administrative and/or managerial posts in a trade union&quot;.  However, the provision does not concern the nationals of third countries lawfully resident and working in the EEC.  Nevertheless, certain other countries of the European Community, such as France, allow foreigners lawfully residing to hold office in trade unions.</p>

<p align="justify"><b>PROPOSALS FOR ACTION</b></p>

<p align="justify">51.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The participants at the colloquy made numerous and varied proposals for improving relations between migrants and the unions.  The main challenge facing European society in the matter of migration is the integration of the migrants.  Helping them to become full time citizens is a task which calls for joint efforts by the political parties, the unions and the associations.</p>

<p align="justify">52.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The unions have a privileged role and position in defending a policy for the integration of migrants, not only in regard to employment and the workplace, but also living and housing conditions, the education of the children of migrants and their cultural traditions.</p>

<p align="justify">53.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Unions must not appear to arbitrate between migrant workers and nationals, but should on the contrary embark actively on a policy of multicultural integration which will enable the nationals to avoid the trap of racism and xenophobia and afford the migrants equality of opportunity in employment and society.  Actions must therefore be proposed which enable the unions and the migrants' associations to work together in areas of common interest.  </p>

<p align="justify">54.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As regards employment, joint action should make it possible to combat illegal work more effectively.  Legalising illegal workers is a vital factor in minimising their impact on the labour market.  But &quot;legalisation&quot; campaigns may not be sufficient if a &quot;fortress Europe&quot; was constructed in which some workers would be &quot;more equal&quot; than others.</p>

<p align="justify">55.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Also at employment level, we must promote access for young migrants to occupational training to enable them to improve their opportunities in the labour market.  When young people are being mobilised, the experience of the migrants associations can be very useful in encouraging them to take part in training programmes prepared by the unions, firms or the authorities.  </p>

<p align="justify">56.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the matter of civil and political rights, it is important that lawful migrants should be granted the right to vote in local elections.  This would imply their recognition as political subjects and would greatly facilitate integration policies.</p>

<p align="justify">57.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the legal field, the unions must be ready to make efforts to grant migrant workers more responsibilities in the matter of representation.  They must also review their own internal rules, not only in order to combat discrimination more effectively, but also to ensure that certain provisions designed to protect the interests of national workers do not limit opportunities for migrant workers.  The unions, like the migrants' associations, must be unsparing in their advice to migrants who are the victims of discriminatory practices, and encourage them to take legal action.</p>

<p align="justify">58.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Again in the legal field, a matter which received the particular attention of the participants in the colloquy was recognition of the right of illegal workers to join the unions.  The United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of their Families provides in Article 26 that the States Parties shall recognise the right of these workers freely to join all unions and associations established in accordance with the law to protect their economic interests, subject only to the rules laid down by the organisations involved.  These provisions do not therefore limit membership to migrants lawfully present.</p>

<p align="justify">59.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It must however be recognised that this matter was one of the most controversial raised during the colloquy, and it is one on which there is as yet no consensus in society.  But, as was pointed, the solution can only be found in a progressive change in the whole of society.  The unions must listen to their migrant members and engage in productive dialogue with them with a view to developing an integration policy which ranges beyond the context of firm.</p>

<p align="justify">60.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This knowledge of emigration should enable the unions to be associated to a greater extent with the shaping of migration policies, not only of the member states of the Council of Europe, but also of the European institutions.</p>

<p align="justify">61.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In this connection, the European unions and migrants' associations must work together to support the action of the unions in the countries of origin so that the workers in these countries can enjoy better living and working conditions.</p>

<p align="justify"><b>CONCLUSIONS</b></p>

<p align="justify">62.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As Rapporteur, I have to say that I was impressed by the quality and variety of the contributions throughout this colloquy, and by the controversies, which will certainly provide food for further thought.</p>

<p align="justify">63.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is interesting to note that many of the union and migrant association representatives followed the line of the Council of Europe regarding policies for the integration of migrants.  It is however true that this approach is often out of step with the practices of the governments.  It was clear to me that the participants in the colloquy thought that migration did not represent a threat, but rather a positive contribution which must be managed so as to preclude any hostility to migrants from the national population.</p>

<p align="justify">64.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It must also be recognised that efforts are needed to acquire a better statistical knowledge of relations between migrants and the unions.  Accurate data on migrant membership of unions in the member states of the Council of Europe is not currently available.</p>

<p align="justify">65.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Priority attention must be given to migrant workers in the most vulnerable situations.  There is an urgent need to grant workers in illegal or temporary jobs the means to defend their rights.</p>

<p align="justify">66.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the matter of social rights, the European Social Charter and the European Convention on the Legal Status of Migrant workers must broaden their scope to include all workers regardless of their country of origin, even if reservations may be made in respect of reciprocity.  Personally, I believe it should be accepted that illegal migrant workers should be able to join unions, not to give any legality to their situation but to enable them to enjoy some protection from labour traffickers and employers who do not respect their obligations.</p>

<p align="justify">67.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; But migrants must be able not only to join unions, which is fortunately already possible for some of them, but also to share union responsibilities.  They must not become mere billstickers.  Equality in the unions between national and migrant workers must be guaranteed.  This postulates the adoption of internal rules in the matter of anti-racist education.  Experience which the British unions have had in this field could prove extremely useful for other European unions.</p>

<p align="justify">68.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A consensus emerged regarding the role of the unions as elements in the integration of migrants.  This implies that they must concern themselves not only with the protection of national or migrant workers, but also with the improvement of relations between national workers, migrants and the whole of society.  The migrants' associations have a moral obligation to help the unions to succeed in this task.</p>

<p align="justify">69.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As one of the participants said, Europe is an emergent polyphony, a crossroads of cultures in which we must work to ensure that everyone has his place.  The unions and the migrants' associations can make an effective contribution, remembering that the integration of migrants is a long-term project the results of which will be perceptible only after many years.</p>

<p align="justify"><u>A P P E N D I X  1</u></p>

<p align="justify"><b>PROGRAMME OF THE COLLOQUY</b></p>

<p align="justify"><b>(Paris 22 January 1992, Sénat)</b></p>

<p align="justify"> 9 am&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Registration of participants</p>

<p align="justify"> 9.30 am <b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  OPENING OF THE COLLOQUY</b></p>

    <blockquote><ul><p align="justify">Welcoming address by Mr Wilfried BÖHM,</p>

    <p align="justify">Chairman of the Committee on Migration, Refugees and Demography</p>

    <p align="justify">Presentation of the colloquy's objectives by</p>

</ul></blockquote><p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Mr Jean-Pierre WORMS, Rapporteur</p>

<p align="justify"> 9.45 am<b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PRESENT SITUATION OF THE RELATIONS BETWEEN MIGRANTS AND TRADE UNIONS</b></p>

    <blockquote><ul><p align="justify"><b>The migrants' point of view</b> by</p>

    <p align="justify">Mr Kamel JENDOUBI, Secretary General of the </p>

    <p align="justify">Union of Tunisian Migrant Workers (UTIT)</p>

    <p align="justify"><b>The trade unions' point of view</b> by</p>

    <p align="justify">Mr Karl-Heinz GOEBELS,</p>

    <p align="justify">Head of Department for Foreigners</p>

    <p align="justify">Deutscher Gewerkschaftsbund (DGB)<b> </b></p>

</ul></blockquote><p align="justify"><b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The situation in the United Kingdom</b> by</p>

    <blockquote><ul><p align="justify">Mr John WRENCH,</p>

    <p align="justify">Centre for Research in Ethnic Relations</p>

    <p align="justify">University of Warwick</p>

</ul></blockquote><p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Discussion</p>

<p align="justify">12.30 pm&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Adjournment</p>

<p align="justify">2.30 pm&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Resumption of the sitting</p>

    <blockquote><ul><p align="justify"><b>II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; LEGAL CONTEXT</b></p>

    <p align="justify">Presentation by</p>

    <p align="justify">Mr Henri DE LARY DE LATOUR,</p>

    <p align="justify">Former Chairman of the European Committee on Migration (CDMG) of the Council of Europe</p>

    <p align="justify">Discussion</p>

</ul></blockquote><p align="justify">4 pm<b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   III.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PROPOSALS FOR ACTION</b></p>

    <blockquote><ul><p align="justify">Presentations by</p>

    <p align="justify">Mr Giorgio CASULA,</p>

    <p align="justify">European Secretary</p>

    <p align="justify">Young Christian Workers (YCW)</p>

    <p align="justify">Mr Alfred GUSENBAUER,</p>

    <p align="justify">Member of the Social, Health and Family Affairs Committee</p>

    <p align="justify">Discussion</p>

</ul></blockquote><p align="justify">5.30 pm<b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  IV.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; CONCLUSIONS BY THE RAPPORTEUR</b></p>

<p align="justify"><u>A P P E N D I X   2</u></p>

<p align="justify">Reporting committee: Committee on Migration, Refugees and Demography.</p>

<p align="justify"><u>Budgetary implications for the Assembly</u>: None.</p>

<p align="justify"><u>Reference to committee</u>: <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 6239">Doc. 6239</a> and Reference No. 1681 of</p>

<p align="justify">3 July 1990.</p>

<p align="justify"><u>Draft recommendation</u>: unanimously adopted by the committee on 13&nbsp;April&nbsp;1992.</p>

<p align="justify"><u>Members of the committee</u>: MM. <u>Böhm</u> (Chairman), <u>Cucó</u> (Vice-Chairman), </p>

<p align="justify">Mrs <u>Aguiar</u>, Mrs Arnold, Mrs <u>Astgeirsdottir</u>, MM. Aylward (Alternate: <u>Brennan</u>), Biefnot (Alternate: <u>Pécriaux</u>), Brincat, <u>Brito</u>, <u>Eisma</u>, </p>

<p align="justify">Mrs <u>Ekman</u>, MM. Fiorini, <u>Flückiger</u>, Foschi (Alternate: <u>Parisi</u>), </p>

<p align="justify">Mrs Francese (Alternate: <u>Mezzapesa</u>), MM. Fuhrmann, Galley, <u>Gassner</u>, Ghalanos (Alternate: <u>Matsis</u>), <u>Ghesquière</u>, Grussenmeyer (Alternate: <u>Worms</u>), Mrs <u>Hacklin</u>, MM. De Hoop Scheffer (Alternate: Mrs <u>Baarveld-Schlaman</u>), Huber (Alternate: Mrs <u>Grendelmeier</u>), Sir John <u>Hunt</u>, MM.&nbsp;<u>Iwinski</u>, <u>Kiliç</u>, <u>Kiratlioglu</u>, Konen, Lord <u>Mackie of Benshie</u>, Mrs&nbsp;<u>Mascher</u>, M. <u>Pahtas</u>, Mrs <u>Persson</u>, MM. <u>Sarafopoulos</u>, Siwek, <u>Skaug</u>, Mrs Sormová, Ms <u>Szelényi</u>, MM. Ternak, <u>Vázquez</u>.</p>

<p align="justify">NB: The names of those members who were present at the meeting are underlined.</p>

<p align="justify"><u>Secretaries of the committee</u>: Mr Sorinas and Mrs Ruotanen.</p>
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