Chamber of Regions

25^th SESSION

Strasbourg, 29-31 October 2013

CPR(25)3PROV AMDT

28 October 2013

AMENDMENTS

Migrants’ access to regional labour markets

Current Affairs Committee

Rapporteur: Deirdre McGOWAN, Ireland (R, ILDG^[1])

Draft resolution (for vote) AMENDMENT 1. 3

Draft recommendation (for vote) 6

Summary

The rapidly growing cultural diversity of European societies has brought to the forefront the questions of both integration of migrants into the host community and their participation in the economic development, in particular at regional and local levels. Migrants’ access to the labour market constitutes a central dimension of such integration. In the period prior to the economic crisis, from 2000 to 2007, third-country nationals contributed to a quarter of the overall rise in employment in Europe. However, during the crisis, their employment situation has deteriorated more rapidly than that of natives.

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According to OECD’s 2013 International Migration Outlook, raising the employment levels of migrants to that of the native-born would generate significant economic returns, due to the higher educational achievement levels and socio-economic positions of today’s migrants. Yet this migrant human capital remains widely underused, to a large extent due to the lack of recognition of foreign qualifications, complexity of procedures for obtaining work authorisation as well as discriminatory attitudes and prejudice towards hiring migrants. Regional policy can directly influence the conditions of migrants’ employment, as in many countries, regional authorities have significant competences in regulating employment and access to labour markets. However, in many regions, even highly skilled migrant workers are still unable to work and integrate professionally.

This report examines the context of the integration process and barriers for migrants’ access to regional labour markets, and proposes a general framework for implementing policy measures to improve such access and to facilitate migrants’ employment. The resolution proposes mainstreaming migrant employment policies and strategies into regional economic development plans, and puts forward measures to facilitate the evaluation of qualifications and procedures for work authorisation; to combat discrimination through intercultural policies, education and staff training; to pursue inclusive hiring policies; and to improve education and training opportunites for migrants, among others. The recommendation in particular calls on governmentsto enforce non-discrimination measures with regard to employment, consider shortening the duration of work restrictions for certain categories of migrants, and reduce bureaucratic hurdles and excessive requirements for certain categories of jobs.

Draft Resolution[2]

1. The rapidly growing cultural diversity of European societies has brought to the forefront the questions of both integration of migrants into the host community and their participation in the economic development, in particular at regional and local levels. The migrant population in Europe is becoming more diverse not only in terms of ethnic or national origin, but also of length of stay, educational achievement, and socio-economic position, meaning that migrants today have better opportunities for making a meaningful contribution to the regional and local economy, which is especially important in the current economic crisis.

2. In 2011, 33.3 million foreigners were living in the European Union alone (6.6% of the total population). The majority (20.5 million) were third-country nationals (4.4% of the total population). About 80% of third-country nationals in the EU are of working age (15–64 years) and constitute a significant pool of the labour force. In the period prior to the economic crisis, from 2000 to 2007, third-country nationals contributed to a quarter of the overall rise in employment.^[3] Yet this migrant human capital remains widely underused, to a large extent due to the lack of recognition of foreign qualifications, complexity of procedures for obtaining work authorisation as well as a range of discriminatory practices. During the economic crisis, the employment situation of migrant workers has deteriorated more rapidly than that of natives.

3. Migrants’ access to the labour market or to creating their own businesses is of utmost importance for successful integration processes because gainful activities – as employee on the labour market or as entrepreneur – constitute a central dimension of both the structural and social integration of migrants. Many opportunities for their participation in society and economic processes become available through employment or self-employment, influencing their social status as individuals. Successful integration through employment contributes to better social cohesion at the local and regional levels and renders a wide range of benefits for the communities and regional population, including by reducing costs associated with social assistance and conflict resolution.

4. Thus, employment and self-employment have been widely recognised as a crucial step in the process of migrants’ integration: they are an integral part of building intercultural relations and improving social cohesion of regional and local communities. Although the regulatory framework for integration is set mostly at the national or European level, regional and local authorities have considerable leeway in implementing related regulations and in moderating their impact and outcome at the grassroots level. Since integration always takes place in a concrete local context, they share the responsibility for the inclusion of migrants in regional and local economic processes,^[4] and play a crucial role in creating specific conditions of access to regional and local labour markets or to entrepreneurial activity. This has also been emphasised in the European Agenda for the Integration of Third-Country Nationals.^[5]

5. The challenge of integrating migrants in regional and local communities as a major factor for better social cohesion and intercultural harmony, and the crucial role of regional and local authorities in this process, were also highlighted in the report on “Living together: Combining diversity and freedom in 21st century Europe”, commissioned by the Council of Europe and prepared by its Group of Eminent Persons in 2011.

6. Over the past years, the Congress of Local and Regional Authorities has addressed various aspects of the integration of migrants, in particular in its Resolution 141 (2002) on “The participation of foreign residents in local public life: consultative bodies”; Resolution 181 (2004) on “A pact for the integration and participation of people of immigrant origin in Europe’s towns, cities and regions”; Resolution 280 (2009) on “Intercultural cities”; Resolution 281 (2009) on “Equality and diversity in local authority employment and service provision”; Resolution 323 (2011) on “Meeting the challenge of inter-faith and intercultural tensions at local level”; and Resolution xxx (2013) on “Integration through self-employment: promoting migrant entrepreneurship in European municipalities’’. While these texts are addressed primarily to local authorities, their relevant provisions are also applicable at the regional level, as appropriate. Improving migrants’ access to regional labour markets is another aspect crucial for migrant integration at the grassroots.

7. Regional policy can directly influence the conditions of migrants’ employment, even if it has to operate in a framework of national and federal state regulations and legislations. In many countries, regional authorities have significant competences in regulating employment and access to labour markets in terms of evaluation of skills and qualifications, issuance of work permits, and provision of proper education and training, as well as of financial assistance, among others. Yet, in many regions, even highly skilled migrant workers are unable to work and integrate professionally, which is often due to the complexity of procedures and discriminatory attitudes and prejudice towards hiring migrants.

8. The Congress is convinced that promoting migrants’ access to regional labour markets and business activities requires a broad range of policies and measures, which must be part of the general economic development and social policy, and which must be guided by the principles of equality, non-discrimination and respect for human rights. Such policies must be based on an integrated approach encompassing most aspects of traditional integration policy, improvement of intercultural relations and diversity management. The challenge of supporting the integration of migrants into increasingly diverse societies calls indeed for innovative measures in all relevant institutions of the host society, and the regional level offers unique opportunities for a bottom-up development of such innovation.

9. In the light of the above, the Congress invites regional authorities of the Council of Europe member States to implement specific measures to improve and facilitate the access of migrants to regional labour markets, and in particular to develop regional action plans based on an integrated approach aiming to:

a. mainstream migrant employment policies and strategies into regional economic development plans;

b. ensure the collection of statistical information to map the existing employment and self-employment (entrepreneurial) situation of migrant communities;

c. adopt and enforce regional non-discrimination legislative measures regarding employment;

d. review, where applicable, procedures for the evaluation of skills and qualifications, in particular for medium-and highly-skilled migrants, in order to facilitate their obtaining of work authorisation without undue delay;

e. review and facilitate, where applicable, general procedures for obtaining work authorisation by migrants;

f. review and facilitate employment procedures in order to reduce bureaucratic hurdles and to remove excessive requirements for certain categories of jobs, in particular language requirements where applicable;

g. develop intercultural policies aimed at fostering dialogue and interaction between migrants and the host community, in order to change the prejudiced attitudes of the local population (in particular employers) towards hiring migrants, and pursue effective communication policies in this regard;

h. provide training to regional staff to improve their intercultural competences and promote respect for diversity and non-discriminatory attitudes and practices, including the training of middle management in diversity issues to ensure the equal treatment of employees with migrant background;

i. ensure that the migrant population is proportionally represented among the staff employed by regional public institutions and services, by pursuing inclusive hiring practices as well as implementing equal treatment provisions in promotion procedures, and apply in this regard the relevant provisions of Congress Resolution 281 (2009) on "equality and diversity in local authority employment and service provision”;

j. include diversity and equality standards in contracts with external providers;

k. develop measures, through intra and inter-regional co-operation, to facilitate labour mobility, which would be beneficial also to the migrant population, in particular by removing excessive job requalification requirements when changing the region of residence;

l. promote migrant entrepreneurship as a measure to increase job creation and expand regional labour markets, which would be beneficial also to migrant employment, in particular by supporting migrant business start-ups through access to microcredits as well as by providing information on business start-up procedures, and apply in this regard the relevant provisions of Congress Resolution xxx (2013) on “Integration through self-employment: promoting migrant entrepreneurship in European municipalities”;

m. provide the migrant population, in particular new arrivals, with information, assistance and advice on employment procedures and existing employment opportunities;

n. assist the migrant population in receiving proper training to prepare for employment, in particular with regard to language learning and skills development, including through co-operation with professional training schools;

o. improve education opportunities for migrants and their access to educational institutions, including by providing language tuition and other financial assistance as necessary;

p. promote a visible, high-profile political leadership style in support of the integration of migrants to be adopted by regional administrations and councils, and co-operation with leaders of the relevant ethnic, cultural and religious groups and their organisations;

q. engage associations of migrants to ensure communication with the migrant community, and promote co-operation and interaction between migrants’ associations and other stakeholders (such as non-profit social enterprises, business and employers’ associations, trade unions and chambers of commerce);

r. develop co-operation and co-ordination between different regional departments involved in implementing integration policies, as well as with local authorities, civil society and other stakeholders in elaborating and implementing such regional action plans.

11. The Congress further reaffirms the continued relevance of its proposals for the integration of migrants contained in its resolutions referred to in paragraph 6 above, and calls on regional authorities in Europe to implement their relevant provisions applicable at the regional level.

12. The Congress further instructs its Governance Committee and its Current Affairs Committee to keep the question of migrants’ access to labour markets under review and to ensure the dissemination of relevant good practices to regional authorities, including through European and national associations.

Draft Recommendation[6]

1. The rapidly growing cultural diversity of European societies has brought to the forefront the questions of both integration of migrants into the host community and their participation in the economic development, in particular at regional and local levels. The migrant population in Europe is becoming more diverse not only in terms of ethnic or national origin, but also of length of stay, educational achievement, and socio-economic position, meaning that migrants today have better opportunities for making a meaningful contribution to the regional and local economy, which is especially important in the current economic crisis.

2. In 2011, 33.3 million foreigners were living in the European Union alone (6.6% of the total population). The majority (20.5 million) were third-country nationals (4.4% of the total population). About 80% of third-country nationals in the EU are of working age (15–64 years) and constitute a significant pool of the labour force. In the period prior to the economic crisis, from 2000 to 2007, third-country nationals contributed to a quarter of the overall rise in employment.^[7] Yet this migrant human capital remains widely underused, to a large extent due to the lack of recognition of foreign qualifications, complexity of procedures for obtaining work authorisation as well as a range of discriminatory practices. During the economic crisis, the employment situation of migrant workers has deteriorated more rapidly than that of natives.

3. Migrants’ access to the labour market or to creating their own businesses is of utmost importance for successful integration processes because gainful activities – as employee on the labour market or as entrepreneur – constitute a central dimension of both the structural and social integration of migrants. Many opportunities for their participation in society and economic processes become available through employment or self-employment, influencing their social status as individuals. Successful integration through employment contributes to better social cohesion at the local and regional levels and renders a wide range of benefits for the communities and regional population, including by reducing costs associated with social assistance and conflict resolution.

4. Thus, employment and self-employment have been widely recognised as a crucial step in the process of migrants’ integration: they are an integral part of building intercultural relations and improving social cohesion of regional and local communities. Although the regulatory framework for integration is set mostly at the national or European level, regional and local authorities have considerable leeway in implementing related regulations and in moderating their impact and outcome at the grassroots level. Since integration always takes place in a concrete local context, they share the responsibility for the inclusion of migrants in regional and local economic processes,^[8] and play a crucial role in creating specific conditions of access to regional and local labour markets or to entrepreneurial activity. This has also been emphasised in the European Agenda for the Integration of Third-Country Nationals^.[9]

5. The challenge of integrating migrants in regional and local communities as a major factor for better social cohesion and intercultural harmony, and the crucial role of regional and local authorities in this process, were also highlighted in the report on “Living together: Combining diversity and freedom in 21st century Europe”, commissioned by the Council of Europe and prepared by its Group of Eminent Persons in 2011.

6. Over the past years, the Congress of Local and Regional Authorities has addressed to the Committee of Ministers a number of recommendations on various aspects of the integration of migrants at local level, in particular Recommendation 115 (2002) on “the participation of foreign residents in local public life: consultative bodies”; Recommendation 153 (2004) on “A pact for the integration and participation of people of immigrant origin in Europe’s towns, cities and regions”; Recommendation 252 (2008) on “Improving the integration of migrants through local housing policies”; Recommendation 261 (2009) on “Intercultural cities”; Recommendation 262 (2009) on “Equality and diversity in local authority employment and service provision”; Recommendation 304 (2011) on “Meeting the challenge of inter-faith and intercultural tensions at local level”; and Recommendation xxx (2013) on “Integration through self-employment: promoting migrant entrepreneurship in European municipalities”. Improving migrants’ access to regional labour markets is another aspect crucial for migrant integration at the grassroots.

7. Regional policy can directly influence the conditions of migrants’ employment, even if it has to operate in a framework of national and federal state regulations and legislations. In many countries, regional authorities have significant competences in regulating employment and access to labour markets in terms of evaluation of skills and qualifications, issuance of work permits, and provision of proper education and training, as well as of financial assistance, among others. Yet, in many regions, even highly skilled migrant workers are unable to work and integrate professionally, which is often due to the complexity of procedures and discriminatory attitudes and prejudice towards hiring migrants.

8. The Congress is convinced that promoting migrants’ access to regional labour markets and business activities requires a broad range of policies and measures, which must be part of the general economic development and social policy, and which must be guided by the principles of equality, non-discrimination and respect for human rights. Such policies must be based on an integrated approach encompassing most aspects of traditional integration policy, improvement of intercultural relations and diversity management. The challenge of supporting the integration of migrants into increasingly diverse societies calls indeed for innovative measures in all relevant institutions of the host society, and the regional level offers unique opportunities for a bottom-up development of such innovation.

9. In the light of the above, the Congress of Local and Regional Authorities asks the Committee of Ministers to invite member States of the Council of Europe to review national regulatory frameworks for the employment of migrants with a view to improving and facilitating their access to labour markets, as well as to promote and support regional action and measures aimed at facilitating migrants’ access to employment, and in particular to:

a. encourage regional authorities to mainstream migrant employment policies and strategies into regional economic development plans;

b. adopt and enforce non-discrimination legislative measures with regard to employment;

c. consider lifting or shortening the duration of work restrictions for certain categories of migrants (such as refugees and asylum seekers);

d. review, where applicable, procedures for the evaluation of skills and qualifications, in particular for medium-and high-skilled migrants, in order to facilitate their obtaining of work authorisation without undue delay;

e. review and facilitate, where applicable, general procedures for obtaining work authorisation by migrants;

f. review and facilitate employment procedures in order to reduce bureaucratic hurdles and to remove excessive requirements for certain categories of jobs, in particular language requirements where applicable;

g. support the development of regional intercultural policies aimed at fostering dialogue and interaction between migrants and the host community, in order to change the prejudiced attitudes of the local population (in particular employers) towards hiring migrants;

h. support training for regional staff to improve their intercultural competences and promote respect for diversity and non-discriminatory attitudes and practices;

i. support the development of intra and inter-regional co-operation aimed at facilitating labour mobility, which would be beneficial also to the migrant population;

j. promote migrant entrepreneurship as a measure to increase job creation and expand regional labour markets, which would be beneficial also to migrant employment;

k. improve education opportunities for migrants and their access to educational institutions, including by providing financial assistance as necessary.

10. The Congress further reaffirms the continued relevance of its proposals for the integration of migrants contained in its recommendations referred to in paragraph 6 above, and asks the Committee of Ministers to invite member States of the Council of Europe to ensure their full implementation.