[ALBSA-Info] A step backward

Fri Feb 23 08:20:29 EST 2001

Immigrant bill 'a backward step'
Panteios University releases a report on draft rights legislation, Parliament 
to debate it next week

Desperation, poverty, persecution and the search for a better life are a few of 
the reasons that people pay traffickers to smuggle them into Greece. An archive 
photo shows illegal immigrants found by the coast guard inside a cargo ship.
By Miron Varouhakis

Kathimerini English Edition

At a time when European countries are moving to grant immigrants longer-term 
residence and work permits, give permanent residence in less time and promote 
innovative foreign employment initiatives, Greece is considering passing an 
immigration bill which is geared in reverse of those policies.

This is the conclusion of a report by the Mediterranean Migration Observatory 
(MMO) at Panteios University, expected to be officially released next week, at 
the same time that Parliament will debate the bill.

"Despite the substantial defects and problems associated with the 1991 Law, the 
draft immigration law represents a significant backward step in the management 
of immigration into Greece," said Martin Baldwin-Edwards, co-director of MMO 
and author of the report."The interests underlying the construction of the bill 
appear to be those of various ministries and bureaucrats, rather than the 
interests and needs of Greece. The fundamental philosophy behind it is static 
and control-oriented; it is out of step with the rest of Europe."

The draft bill on immigration which has been designed to curb the flow of 
illegal immigrants coming into the country while offering legal status to those 
already on Greek soil, has attracted strong criticism by human rights groups. 
On February 5 Human Rights Watch released an eight-page report from New York 
which had earlier been sent to Greek parliamentarians, in which it criticized 
the draft bill, calling it "deeply flawed" and a violation of human rights.

According to Baldwin-Edwards, the draft bill has fallen short of addressing key 
issues, which include: simplifying bureaucratic procedures, for both immigrants 
and Greek employers; comprehending employer's needs, which are difficult to 
predict; providing legal security for both employers and immigrants; 
reconciling migrants' rights, as a quid pro quo for legal status; enforcing 
laws relating to illegal immigration and employment, but focusing on those who 
exploit rather than those who are being exploited.

Moreover, the draft is not only in contradiction with policies implemented by 
the rest of the European Union, but also with international standards and 
conventions of which Greece is a signatory.

Specifically, on children's education and healthcare there has been a failure 
to make adequate provision for all children's healthcare and education, 
including the children of undocumented immigrants, in contradiction with the 
Convention of the Rights of the Child signed on May 11, 1993. In addition, the 
refusal to extend resident permits for reasons of ill health or unemployment is 
probably in breach of customary international law, specifically Article 8 of 
ILO Convention 97. Violations are also noted in provisions for family 
reunification - which, according to the European Convention on the Legal Status 
of Migrant Workers, requires a maximum waiting period of 12 months and not two 
years as the bill states - and then there are the charges for state documents 
and processing, a practice outlawed in both the European Convention on 
Establishment and the European Convention on the Legal Status of Migrant 
Workers.

Trends, problems

"The implementation of the 1991 law resulted in a decline in the number of 
residence permits granted, and also in the total number valid over the period 
1989-96," the report asserts. "The number of work permits issued annually over 
that period fluctuated at around 30,000 total, of which 7-12,000 were non-EU 
workers. This was at a time when the illegal population was estimated at around 
400-500,000, notwithstanding over 1,000,000 expulsions in the period 1991-95."

The tabled draft bill is not expected to alleviate the problem. The report 
underlines that the draft bill will likely perpetuate the problem of illegal 
immigration, while levying excessive fees and strenuous bureaucratic processes 
for immigrants seekingresidence and work permits.

"The proposed law will likely exacerbate the problem of illegal immigration 
through: a) maintenance of the current financial burdens on potential 
employers; b) increased bureaucratic burdens on both employers and foreign 
workers; c) new burdens of proof (including housing) for migrants to acquire a 
residence permit; d) vastly higher costs of permits; e) for legalized 
immigrants (Green Card holders), the proposal of 6-month permits without the 
automatic right to work," the report notes.

Under the draft bill resident permits will not come cheap. There will be a 
50,000 drachma ($140) fee for 12-month residence permits; the cost will rise to 
150,000 drachmas ($415) for a permit valid for six years, and to 300,000 
drachmas ($830) for residence permits exceeding six years. Furthermore, foreign 
nationals residing in Greece and who apply for Greek nationality will have to 
pay a fee of 500,000 drachmas ($1,375).

"Furthermore, even those immigrants who acquire legal status will inevitably 
tend to drop into clandestinity, as the frequent renewal of such permits is 
linked to continuity of employment and social security contributions - amply 
demonstrated elsewhere," the report stresses.

Recommendations

The report by the Mediterranean Migration Observatory of Panteios University 
also highlights eight recommendations for modifications to the draft bill.

1. Employment recruitment outside Greece be abandoned, with the possible 
exception of seasonal agricultural workers. It should be replaced by an annual 
quota recruitment by employers from illegal residents of Greece, and sponsored 
immigration for job-seekers.

2. The work and residence permit system be completely overhauled. Work and 
residence permits should be combined with ONE application, one process and one 
official document, reducing administrative costs and delays.

3. Residence and work permits be rescheduled and simplified in a clear 
hierarchical pattern, with transition from one status to another as a norm. 
Initially, a one-year employer-specific permit, renewable once; after two 
years, a three-year sectoral-specific permit; after five years, an unrestricted 
five-year permit; and after 10 years, an unrestricted permit, both in duration 
and labor market access.

4. The planned legalization program be modified to give two different statuses: 
a one-year permit with the automatic right to work, for those with minimal 
employment and social security records; a three-year permit for those who 
satisfy more stringent criteria.

5. Greece should show its respect for the family, as required by the Greek 
Constitution, and facilitate family reunion with less strict but more precise 
criteria, and extend this possibility to other close relatives on compassionate 
or dependency grounds. Further, family members should be given immediate access 
to the labor market.

6. Greece should accept its obligations under international law, as well as 
morally, and provide explicit acceptance of all children resident in Greece - 
including the undocumented - by the education system and public healthcare 
system.

7. The state charges for bureaucratic papers be reduced to a reasonable level, 
as required by international law; that the costs of longer-term permits should 
be little more than the cost of short-term permits, not pro rata, as in the 
draft law.

8. Victims of trafficking and prostitution be granted protection and immunity 
from deportation, with the provision that they testify, if needed, against 
criminal groups.

Immigrant bill 'a backward step'
Panteios University releases a report on draft rights legislation, Parliament 
to debate it next week

Desperation, poverty, persecution and the search for a better life are a few of 
the reasons that people pay traffickers to smuggle them into Greece. An archive 
photo shows illegal immigrants found by the coast guard inside a cargo ship.
By Miron Varouhakis

Kathimerini English Edition

At a time when European countries are moving to grant immigrants longer-term 
residence and work permits, give permanent residence in less time and promote 
innovative foreign employment initiatives, Greece is considering passing an 
immigration bill which is geared in reverse of those policies.

This is the conclusion of a report by the Mediterranean Migration Observatory 
(MMO) at Panteios University, expected to be officially released next week, at 
the same time that Parliament will debate the bill.

"Despite the substantial defects and problems associated with the 1991 Law, the 
draft immigration law represents a significant backward step in the management 
of immigration into Greece," said Martin Baldwin-Edwards, co-director of MMO 
and author of the report."The interests underlying the construction of the bill 
appear to be those of various ministries and bureaucrats, rather than the 
interests and needs of Greece. The fundamental philosophy behind it is static 
and control-oriented; it is out of step with the rest of Europe."

The draft bill on immigration which has been designed to curb the flow of 
illegal immigrants coming into the country while offering legal status to those 
already on Greek soil, has attracted strong criticism by human rights groups. 
On February 5 Human Rights Watch released an eight-page report from New York 
which had earlier been sent to Greek parliamentarians, in which it criticized 
the draft bill, calling it "deeply flawed" and a violation of human rights.

According to Baldwin-Edwards, the draft bill has fallen short of addressing key 
issues, which include: simplifying bureaucratic procedures, for both immigrants 
and Greek employers; comprehending employer's needs, which are difficult to 
predict; providing legal security for both employers and immigrants; 
reconciling migrants' rights, as a quid pro quo for legal status; enforcing 
laws relating to illegal immigration and employment, but focusing on those who 
exploit rather than those who are being exploited.

Moreover, the draft is not only in contradiction with policies implemented by 
the rest of the European Union, but also with international standards and 
conventions of which Greece is a signatory.

Specifically, on children's education and healthcare there has been a failure 
to make adequate provision for all children's healthcare and education, 
including the children of undocumented immigrants, in contradiction with the 
Convention of the Rights of the Child signed on May 11, 1993. In addition, the 
refusal to extend resident permits for reasons of ill health or unemployment is 
probably in breach of customary international law, specifically Article 8 of 
ILO Convention 97. Violations are also noted in provisions for family 
reunification - which, according to the European Convention on the Legal Status 
of Migrant Workers, requires a maximum waiting period of 12 months and not two 
years as the bill states - and then there are the charges for state documents 
and processing, a practice outlawed in both the European Convention on 
Establishment and the European Convention on the Legal Status of Migrant 
Workers.

Trends, problems

"The implementation of the 1991 law resulted in a decline in the number of 
residence permits granted, and also in the total number valid over the period 
1989-96," the report asserts. "The number of work permits issued annually over 
that period fluctuated at around 30,000 total, of which 7-12,000 were non-EU 
workers. This was at a time when the illegal population was estimated at around 
400-500,000, notwithstanding over 1,000,000 expulsions in the period 1991-95."

The tabled draft bill is not expected to alleviate the problem. The report 
underlines that the draft bill will likely perpetuate the problem of illegal 
immigration, while levying excessive fees and strenuous bureaucratic processes 
for immigrants seekingresidence and work permits.

"The proposed law will likely exacerbate the problem of illegal immigration 
through: a) maintenance of the current financial burdens on potential 
employers; b) increased bureaucratic burdens on both employers and foreign 
workers; c) new burdens of proof (including housing) for migrants to acquire a 
residence permit; d) vastly higher costs of permits; e) for legalized 
immigrants (Green Card holders), the proposal of 6-month permits without the 
automatic right to work," the report notes.

Under the draft bill resident permits will not come cheap. There will be a 
50,000 drachma ($140) fee for 12-month residence permits; the cost will rise to 
150,000 drachmas ($415) for a permit valid for six years, and to 300,000 
drachmas ($830) for residence permits exceeding six years. Furthermore, foreign 
nationals residing in Greece and who apply for Greek nationality will have to 
pay a fee of 500,000 drachmas ($1,375).

"Furthermore, even those immigrants who acquire legal status will inevitably 
tend to drop into clandestinity, as the frequent renewal of such permits is 
linked to continuity of employment and social security contributions - amply 
demonstrated elsewhere," the report stresses.

Recommendations