French contribution on second thought about the impact of the exile and the migrations
For this last part of our researches, it seemed to us impossible to be exhaustive.
That is why we concentrated, first, on a work concerning the European and French laws.
Then it seemed, to us, necessary to go out of the even "pessimistic» vision of the exile, to light how much this last one can be source of economic wealth indeed ,but especially cultural treasures.
Our «French culture «would not be what it is, without the processes of acculturation, constant during our history.
The forms of cultural expression (painting, literature, music, cinema….), besides, gives us to see and to understand the exile.
The Schengen area
The space and the cooperation Schengen are established on the treaty Schengen of 1985.
The Schengen area consists of 25 European countries. Certain States are members of the European Union, but do not belong to the Schengen area. (United Kingdom and Ireland). Two other countries, Norway and Iceland, are not members of the European Union, but are however associated to the Schengen area by virtue of an agreement of cooperation concluded with the other States Schengen. The Schengen area is a space of free movement of people. By virtue of the Agreement of application of the Agreement of Schengen of June 14th, 1985, 25 member states eliminated every control of the persons during the crossing of their internal borders.
Since December 21st, 2008, the Schengen area of free movement of people contains 24 countries: the countries of the European Union, with the exception of Ireland and of the United Kingdom which participate only in a part of Schengen capacities , as well as of Bulgaria, Cyprus and Rumania; on the other hand, Norway and Iceland adhered to it. As a rule, Switzerland will be a member of this European space from November 1st, 2008.
The Agreement of Schengen conceived uniform rules of entrance to all the member states. To enter the Schengen area, the nationals of the European Economic Space ( EEE: the 25 states members of European Union (Germany, Austria, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, the United Kingdom, Slovakia, Slovenia, Sweden) more Iceland, Liechtenstein and Norway.) must be provided with an ID card of current validity either with a valid passport or made obsolete for less than five years.
In case they are exempted from visa, the nationals of countries not - EEE can circulate freely in the Schengen area during a period of three months ( 90 days) maximum by half-year from the date of first entrance. For the nationals of countries not - EEE who are subjected to the obligation (bond) of visa according to their nationality, the visa specifies the duration of the authorized stay, which cannot exceed 90 days by half-year. Except opposite mention, the visa is valid for all the States Schengen.
The Summit of Tampere of 1999 defines a common politics of immigration from the economic and demographic objectives of the European Union and gives up the objective of the zero immigration.
In 2001, Commission proposed a project of directive establishing rules harmonized in the European scale on the conditions of entrance and residence of the nationals of third country coming to occupy an employment or to work on their account. But it was not received in a favorable way by the Council.
In spite of their differences in immigration, member states finally agreed in September, 2003 on essential legislative instrument: the directive relative to the family link for the nationals of third country. This directive (the first legislation on the immigration adopted by the EU) aims at harmonizing the relative national rules in the conditions of admission and of residence of the nationals of third country. Furthermore, it establishes the conditions according to which the foreign nationals who live legally in one of the member states have the right to make her husband come, wife and young children in the EU.
The following stage in the harmonization of the immigration policies of the EU was the directive relative to the status of the nationals of long-term resident third countries ", adopted in November, 2003. It grants to the nationals of third country who live legally in the EU for at least five years an equal treatment in most of the social and economic domains. And, under certain conditions, it also gives the right to them to settle down in another member state to work on it, study, etc.
The right of asylum and the refugees
To find a consensus on the right of asylum at the European level turns out to be as well complicated as to establish a common politics for the immigration generally. In spite of their differences, the leaders of the EU undertook to develop a common system of asylum by the end of 2010.
In 1990, the agreements of Dublin define in the level of Europe of fifteen one common politics of asylum with in particular the notions of safe countries, manifestly unfounded application for asylum, solidarity between European countries in the control in the entrance and plan penalties against the carriers accepting immigrants.
On average, the number of applications for asylum in the Western Europe fell until reach the levels of the second half of the 1980s. The constant decrease of the number of asylum seekers these last years is due to several factors; in particular a stricter policy of asylum in host countries and a bigger political stability in certain regions sources such as Afghanistan, Iraq and the Balkans.
The Process of The Hague on the refugees and the migration adopted in November, 2004 by the European leaders, recommended assistance to the member states which, because of their geographical situation, face a massive arrival of immigrants or asylum seekers.
For the moment, Brussels has only an emergency fund, an European fund for the refugees (FER) to accommodate, to feed and to bring a medical care to the migrants in the case of refugees' important arrival wherever in the EU. The European leaders assigned 216 million euro to the FER, for the fiscal year 2000-2004. This budget renewed since summer until 2010.
The illegal immigration
The number of illegal immigrants in the EU is estimated at approximately 8 millions. To check their influx became a priority for numerous member states. According to the Council of Europe (an organization independent from the EU which watches the respect for human rights), every year, approximately 51 000 migrants arrived by boat in Italy, in Spain, in Greece and to Malta, among which of numerous refugees and asylum seekers.
In June, 2008, the European Parliament adopted a series of measures debated on the management of the illegal immigration. According to the new rules, the illegal immigrants can be held until 18 months and be struck by a ban on the European territory of 5 years.
According to the EU, the return of the illegal in their country of origin must be accompanied with a systematic dialogue with the third countries on the management of the migration.
Means of support:
For example in France, the persons have to have of
56, 20 € a day: equivalent of a daily SMIC (GUARANTEED MINIMUM WAGE)
28, 10 € a day: equivalent of half a SMIC (GUARANTEED MINIMUM WAGE) for the travelers with certificate of welcome
For Germany: 45€ a day…..
BOUTEILLET-PAQUET (Daphné). - L’Europe et le droit d’asile. France. L’Harmattan, (collections Logiques juridiques), 2001
La Documentation française – rapport de la Cour des comptes
Premier Ministre, rapports annuels au Parlement
The immigration is the moving of people, called « immigrants », in a country which isn’t their land of origin, so they aren’t of the nationality of the country where they arrived. The immigration is controlled, in France, by minister of interior (today Brice Hortefeux) and by minister of immigration (Eric Besson). The foreigners’ law is the regulations which organize the entrance, the stay and the exit on the French territory; it was codified by the Code of entrance and stay of aliens and of the asylum law (CESEDA in French). The asylum right, considered like a fundamental right assured by the French Constitution and by the Geneva Convention of July 1951, is separated of the foreigners’ law and depend of the National Court of Asylum Right (CNDA), whereas foreigners’ law depend of the ordinary administrative courts.
In this law, we can find three « level »:
- The legal level,
- The statutory level,
- The real put into practice.
In the law, we have separated the duties and the rights
Aliens’ duties: The French law allows many conditions about the aliens’ stay on the territory, conditions which have to do fill to stay in France legally.
To enter in France, everyone must have:
• A passport (before expiry),
• A Visa unexpired,
• and, sometimes (subject of international conventions) :
– charge attestation if the stay is a private visit,
– Related documents which proves the purpose of the stay (tourism, business, hospitalization, etc.),
– and, if it’s necessary: evidence of the means, guarantees of the repatriation, insurance, etc.
• Complementary documents about the exercise of professional activities…
à Some people are avoided to present these documents, they’re the spouses and children who enter in France with the family reunification, or it’s because they’re nationals from countries with which there are agreements.
To get this papers there are many possibilities with the Schengen area: the short-stays visas can be obtain in all countries of the Schengen space (except if the stay is longer in France than in the others land or if the France was the country of entrance in the Schengen area, but for the long-stays visas it’s necessary to do the demand at the French consulate of the country of origin. Once in France, a visa can’t be modified!
Remark: to work in France, it’s necessary to have a special visa but every job isn’t « open » to the aliens: to can work, a stranger has to find an employer who accepts to do the necessaries steps and to pay a tax at the OFII (French office for immigration and integration). The posts have to respect the French law about work and pay.
N.B.: Bulgarians and Romanians don’t have the right to free-circulation so they don’t have the same rights that the others Europeans on the work.
The rights of immigrants
At legal level a lot of rights are accorded to immigrants and without-papers, in several fields like family, work, health, etc.:
- Treatments (and there cost) are possible thanks to the AME (medical help),
- Without-papers and immigrants have the free access to free devices of public healthy like HIV testing center, etc...,
- Since 2000, termination of pregnancy is accessible to all women, without stay-conditions,
- The right to be married is fundamental, so no visas are compulsory,
- Every child have the right (and the duty) to go to school like every French children, to have treatment and medical watch because it’s guarantee by international conventions,
- Social-security benefits to childhood (ASE) are paid even if the stay is irregular,
- Consultation in maternal and infantile protection center is free,
- Access to nursery is without nationality conditions,
- An illegal worker have the same rights (minimum salary, etc.) that a legal worker,
All this turns out sometimes very theoretical because it may be very difficult to exploit his rights especially if someone is in irregular situation
- Immigrants can access to a jurisdictional help under some conditions,
- Toute personne, avec ou sans titre de séjour, a le droit d’avoir un compte bancaire,
- urban transport authorities have the obligation to offer pricing reductions of 50% to people who earn not very money, moreover the ATA (temporary allowance of wait) can be paid to the foreigners.
▪ Immigrants who are 18 and who have asked to have asylum status,
▪ Immigrants beneficiaries of temporary protection,
▪ Immigrants, who have a resident’s permit with the note «private and family life» having lodged a complaint or having testified in a trial,
▪ Stateless persons.
Asylum seeker who want the re-examination of their request are expelled of the ATA, except case indicated by the French office of refugees and stateless persons protection (OFPRA).
Apart from the politics rights, related to the nationality (vote, etc.) and apart from the entrance and stay law, aliens have (in theory) the same rights that the Frenchmen.
In France, cannot join on electoral rolls, and all the more participate, that the immigrants and the descendants of French immigrants (what represents more than 97 % of the second generations, but 40 % of the immigrants from 18 to 50 years old). However, the nationals of the European Union can participate in the municipal and European elections since 1992
Moreover, French law respect the European law, the Universal Declaration of Human Rights (adopted by United Nations in 1948) and the Convention for the Protection of Human Rights and Fundamental Freedoms,
Which guarantee many fundamental rights as equality, liberty, etc...?
No to the massive evictions of immigrants
Evolution of immigrants’ law
All the law about immigration, in France, evolves for several years (≈2003) with many reforms.
This started in 2003 with the reforms of De Villepin (prime minister) and Sarkozy (minister of interior) which reform the entrance of immigrants.
In 2005, creation of Code of entrance and stay of aliens and of the asylum law (CESEDA) (with his reform in 2006).
In 2007, Hortefeux’s (minister of interior) reform which resort to DNA test to prove the filiation with families (for the family reunification).
In 2010, there are reforms of CESEDA to take immigrants away the France with the nationality decline. This reform is still in debate.
The reforms are accelerated since 2007, and today gypsies are source of debate in France and in European Union.
12 octobre 2010: new law
The very controversial text plans in particular to deprive of their French nationality the murderesses of person’s agents of the public authority. It was adopted by 294 voices against 239 in the National Assembly, in spite of the opposition of a part of members of parliament of the majority.
• The bill, which resumes several announcements made by Nicolas Sarkozy this summer in Grenoble, widens the list of the motives for decay of the French nationality to the condemned persons naturalized for less than ten years having caused the death of a person agent of the public authority.
• It also contains several measures relative to the illicit camps and which aim at facilitating the eviction of the national’s community as the Roma.
• Finally, the access to the medical aid for the foreigners without residence permit was made more difficult, to avoid a «unreasonable cost of the French health system ".
• Involving particularly the biometric recording information on the Roma, the Resolution of European parliament underline that the statement of the fingerprints of the expelled Roma is illegal and against the Charter of the fundamental rights of the European Union , to treaties and to right of the European Union , and that it establishes a discrimination based(established) on the ethnic or national origin ".
• It is nevertheless exactly what France suggests making very soon. Certainly, the file OSCAR, the legality of which was disputed in front of the Council of State, aims all the foreigners susceptible to benefit from a repatriation grant. But, in practice, it is mainly the Roma, that they are Bulgarian or Rumanian nationals, who are aimed because they represent 90 % of the persons who see attributing a "humanitarian" repatriation grant. The reason is simple there: public authorities developed a consisting strategy, during the evacuation of a camp of Rumanian or Bulgarian Roma, to force them the hand so that they accept the "humanitarian" repatriation grant, at the risk of being placed in police custody or incurring legal proceedings.
• The biometric recording information on the Roma, which takes a particular relief in the current context, establishes an unacceptable denial of their European citizenship
• In France, centers of administrative keeping back ( C.R.A). Have vocation to receive the foreigners who have no right to stay on the French territory and are under the blow of a ban on territory or on a procedure of estrangement the time to be able to send them to their country of origin and allow them to exercise steps of appeal. The foreigners returning on the territory and in wait of regularization of their situation (via applications for asylum, etc.) are there also present. They stay there between two and thirty two days maximum for the moment, the duration averages of keeping back being from nine to ten days.
Centers of administrative keeping back ( C.R.A).Le Mesnil Amelot close to Paris
Frequency of the police checks, over the last year, according to the origin of the immigrants, the natives of a FRENCH OVERSEAS DEPARTMENT or their descendants:
Bibliography: (We used Wikipedia every time the information seemed to us synthetized well and right).
Auteur : Administration Française
« Étrangers en France» sur le site de l’Administration française
Service-Public.fr – Particuliers
Auteur : Administration Française
« Définition de l’AME – Service-public.fr » sur le site de l’Administration française
Service-Public.fr – Particuliers
Auteur : auteurs divers
«Office français de l'immigration et de l'intégration » sur le site de l’encyclopédie en ligne Wikipédia
Wikipédia, l’encyclopédie libre
Auteur : Administration
OFII – Office Français de l’Immigration et de l’Intégration
Auteur : Ministère des Affaires Etrangères
« Entrer en France », sur le site du ministère des affaires étrangères et européennes
France-Diplomatie-Ministère des Affaires Etrangères et Européennes
Auteur : Anonyme
« Droit des étrangers (immigration, asile) » sur le site Jurispolis
Observer, Réfléchir, Agir – 1er site sur le Droit…
Auteur : Gilbert Charles, Marie Cousin, Blandine Milcent et Pierre Daum
« Législation - Droits et devoirs des immigrés » sur le site du journal L’Express
L’Express.fr – Actualités Politique, Monde, Emploi, Economie…
Auteur : GISTI
« Projet de loi Besson »
Rapport de la Ligue des Droits de l’Homme
What are the costs of the immigration? What are its financial results? What economic balance sheet can we draw up it? Such a balance sheet was until now difficult to establish. We ignored the exact number of the descendants of immigrants and we knew few things of their activities. Recent studies bring some information on these subjects and allow dividing the immigrants and their descendants by zone of origin. The establishment of an economic balance sheet thus becomes possible.
• The actives immigrants (13% of workers) account 6% of GDP (PIB in France) .Immigrants are behind 13% of "total turnover“. So immigrants are a major component of our economy because they produce and consume.
• A Spanish study shows that from 1995 to 2005 in the Europe, without immigration, the GDP (per inhabitant) has decreased by 0.23% a year instead of rising to 1.79% e year therefore immigration increases the wealth residents. Immigration in Europe has allowed a more rapid GDP growth (especially in Spain).
Immigration is beneficial to the economies of host countries and for employment because of increased consumption that results in stimulating the economy and tends to increase the number of jobs.
Do the immigrants represent a cost for the public finances?
Actually, the immigrants represent 16 % of the unemployed persons, while they constitute only 9 % of the working population, according to the INSEE.
Their population pyramid is rather favorable to the public finances, calls back the economist of the OFCE: it is often about young persons and old enough to work. They are thus going to pay taxes while their education will not have been chargeable to the State. After all, "the clear budgetary effect seems reduced enough ", concluded the first annual report of the European Commission on the migration and the integration. The immigration also has impact on the labor market.
Money transfers to countries of origin
• These transfers have decreased by 10% in 2009 due to economic crisis.
• In some poor countries, the financial contributions that migrants send home exceed development aid received and contribute enormously to the country's revenues.
• The planet 200million migrants send more than 300 billion dollars annually to the country of origin.
• Remittances comers’ migration is important for countries of origin.
On average 40 % of the immigrants living in France, and 17 % of their descendants bring a grant to their region of origin.
It is particularly the case for the populations stemming from Sub-Saharan Africa.
We explain it by the fact of specific social orders which attach strongly the individuals to their roots. The extended family remains the socioeconomic unity of base and the village of origin a place of reference and exchanges of the solidarity.
Nevertheless the study of hourly pays shows that in few exceptions near (immigrated in the UE27 and their descendants), the immigrants and the descendants of immigrants perceive on average an hourly payment lower than those of the majority population
Contributions to the country's resources
During the 30 glorious years (45-75) have allowed immigrants to rebuild France as much physically and economically at the point of view of the population (600 000 deaths in France during the 2nd World War).
Immigration provides labor, skilled and unskilled, or the 2 are useful in legal economy because there is a shortage of qualified workers in sectors (doctors in the field ...) and in non- -qualified (retirement of the baby boom therefore more or less qualified positions to be filled) which is useful for the present and future economy, especially as the workforce ages and the European low birth rate leads to a lack of manpower in the long term may be limited by the contribution of a young immigrant labor initially unskilled and becomes more and more skilled (the skilled workers have higher productivity than average), see overqualified (escape from our brains to richer countries offset by the arrival of others from poorer countries.
The weight of immigration on public finances is both positive and negative; in fact, immigrants are a burden to the state (16% unemployment to 9% of total assets of their eventual low skills and discrimination hiring.) Nevertheless, it is mainly young people, who were educated by their State of origin (so they do not cost THE STATE) but who pay taxes and thus contribute to the financing of State (11.9 billion euro per year).
The State may implement a selective immigration policy in which the state will give papers to immigrants who only allow the deficit of manpower in some areas regarding the age and qualification. Social spending in favor of immigrants (old-age benefits, health, housing, family ...) amounted to 51.9 billion euro, which may justify the selective immigration policy of the state because it would reduce expenses for qualified people represent less weight to the state (people are better qualified because they pay more attention to them: living conditions, health ...).
The population growth of Europe stagnates and his working population quickly ages. Certain studies indicate that before 2050 a European citizen on three will be more than 65 years old and that 20 million qualified jobs will not be provided. In 2007, there were approximately 3 million vacancies in Europe, according to the figures of the Commission. While this shortage concerned traditionally little qualified jobs, needs concern more and more in sectors requiring qualified workers, as engineering and information technologies.
• Findley S., 1997, « Migration and Family Interactions in Africa », in Adepoju A., Family, Population and Development, London, Zed Books, p. 109-138
• Cris Beauchemin, Christelle Hamel et Patrick Simon, Trajectoires et origines, INED octobre 2010