Doc. 9384

18 March 2002

Migrants in irregular employment in the agricultural sector of southern European countries

Motion for a recommendation

presented by Mrs Tana de Zulueta and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly notes with concern that thousands of migrants are employed illegally in the agricultural sector of Council of Europe member states, particularly in southern European countries. The use of migrant labour in seasonal harvesting has become a characteristic feature of Mediterranean agriculture, where migrants have come to replace national workers. They are employed on an occasional or seasonal basis, sometimes as day labourers, frequently switching between different employers and engaging in various manual occupations. Some of them have received formal education beyond primary school level, even up to the level of technical or professional training. Being in irregular employment, they have no rights to receive minimum wages or make social security contributions, and are subjected to a wide range of abuse and exploitation.

2.       Irregular employment does not necessarily imply irregular stay. Migrants with residence permits may either be denied permission to work or, if it is extended, be driven into the underground economy because of difficulties in finding legal employment. Irregular employment is the recourse of many genuine asylum seekers who are refused permission to work for the duration of the asylum procedure – a period which can amount to months or even years – and who have no other means to provide for the needs of their family than by working illegally.

3.       Other migrants lack legal rights to stay in the host country and for this reason are prepared to take up any job, whatever the conditions of work. Some of these are smuggled into a country with the intention of engaging in irregular employment, in the knowledge that the agricultural sector offers excellent opportunities as well as an efficient word-of-mouth recruitment system.

4.       The Assembly is extremely concerned about the work and living conditions of migrants working illegally in the agricultural sector, as well as about the size to which this phenomenon has grown in southern European countries, and believes that there is a need for greater clarity in this matter.

5.       Therefore the Assembly recommends that the Committee of Ministers:

– instruct the relevant intergovernmental committees to conduct an in-depth study of the phenomenon of the illegal employment of migrants in the agricultural sector of southern European countries, focusing – amongst other things – on their work and living conditions;

– urge member states to establish and/or implement appropriate measures to bring an end to the irregular employment of migrants in the agricultural sector, in the context of an orderly and managed migration system.

Signed : 1

de Zulueta, Italy, SOC

Agramunt, Spain, EPP

Christodoulides, Cyprus, UEL

Cilevičs, Latvia, SOC

Danieli, Italy, LDR

Díaz de Mera, Spain, EPP

Einarsson, Sweden, UEL

Fernández Aguilar, Spain, EPP

Gross, Switzerland, SOC

Grzesik, Poland, EPP

Grzyb, Poland, EPP

Hordies, Belgium, NR

Ilaşcu, Romania, EDG

Judd, United Kingdom, SOC

Lörcher, Germany, SOC

McCafferty, United Kingdom, SOC

Mutman, Turkey, SOC

Nessa, Italy, EPP

Popa, Romania, SOC

Soendergaard, Denmark, UEL

Szinyei, Hungary, EPP

Telek, Turkey, EDG

Tkáč, Slovakia, EDG

Vermot-Mangold, Switzerland, SOC

Yáńez-Barnuevo, Spain, SOC

Zwerver, Netherlands, SOC

1        SOC: Socialist Group