Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2, 3, 4 and 6 of the Convention. Measures to assist and inform migrant workers, promote their social and economic integration and address discrimination against them. The Committee notes that the Government has taken a series of measures relevant to the application of the Convention. In particular, the Act No. 2006-911 of 24 July 2006 concerning immigration and integration introduces a number of changes aimed at facilitating economic integration, such as the residency permit on competencies and talents and the residency permit for seasonal workers; the possibility for French placement agencies to propose temporary employment contracts; the establishment of lists of occupations for which there is a need for foreign workers and the opportunity for foreign students to seek employment during the six-month period after the completion of their Master’s degree, or to be engaged in wage employment. The Committee further notes that the Act 2007-1631 of 20 November 2007 concerning immigration control, integration and asylum further simplifies certain provisions of the Act of 24 July 2006. Furthermore, a new Ministry of Immigration, National Identity, Integration and Co-development was established in 2007 with the objectives of controlling migration flows, promoting French national identity, improving integration and encouraging co-development. In addition, a number of bilateral agreements have been concluded relating to the exchange of young professionals and work-holiday programmes. France is further proposing to certain migrant sending countries a new generation of bilateral agreements aimed at organizing regular migration, fighting against irregular migration and promoting co-development and cooperation.

Furthermore, the Committee notes that the Government’s policy on the reception and integration of migrants has become a priority since 2002 and that new measures have been taken to improve the reception and integration of migrants such as the creation of the National Agency for the Reception of Foreigners and Migration (ANAEM) and the contract of reception and integration (contrat d’accueil et d’intégration) (CAI). The Government has also been taking steps to improve housing conditions in France, such as the Plan to convert “Migrant Workers’ Houses” (Foyers de Travailleurs Migrants) into social residencies, measures to improve living and housing conditions of older immigrants and measures to combat discrimination in housing through the High Authority to Combat Discrimination and in Favour of Equality (HALDE) and the Act respecting the national housing commitment, 2006. The Committee notes in this regard the Government’s statement that with respect to housing the fight against discrimination remains one of the main difficulties especially due to the lack of data and the difficulty in proving that discrimination with respect to housing has occurred.

While acknowledging the efforts by the Government to facilitate the reception of migrants and promote their integration and equal opportunities, the Committee notes from the report of the UN Independent Expert on Minority Issues (A/HRC/7/23/Add.2, 4 March 2008) and the concluding observations of the Committee on Economic, Social and Cultural Rights (CESCR) (E/C.12/FRA/CO/3, May 2008), as well as the Committee on the Elimination of Discrimination Against Women (CEDAW/C/FRA/CO/6) that major problems continue to exist with respect to integration of the immigrant population in French society, including a climate of suspicion and negativity, as well as widespread discrimination against migrant workers, having an impact on their general living conditions as well as their educational and employment opportunities. According to the CESCR, migrant workers and persons of immigrant origin “are disproportionately concentrated in poor residential areas characterized by low quality, poorly maintained large housing complexes, limited employment opportunities, inadequate access to health care facilities and public transport, under-resourced schools and high exposure to crime and violence” (E/C.12/FRA/CO/3, May 2008, paragraph 21). The UN Independent Expert states that “when poor immigrants arrive, those belonging to ethnic or religious groups are allocated to the poorest housing in specific neighbourhoods that have become highly ethnicized resulting in a discriminatory pattern of de facto segregation […] Government officials acknowledge areas of some 70 per cent ‘foreign’ residents and the creation of what has become recognized as the ‘ghetto’ phenomenon” (A/HRC/7/23/Add.2, 4 March 2008). The Committee also recalls its comments in 2007 on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it had already raised concerns regarding the lack of progress made in addressing racial and ethnic discrimination against migrant workers.

The Committee is aware that the social and economic situation of migrant workers in the country is complex and that an effective strategy to promote the integration and equal treatment of migrant workers involves a combination of measures, some of which are required to achieve full application of this Convention. In particular, the Committee draws the attention of the Government to Articles 2 and 4 of the Convention emphasizing the importance of adequate measures to assist and inform migrant workers and to facilitate their reception, and Article 3 of the Convention requiring steps against misleading propaganda, including false information targeting the national population propagating stereotypes on migrant workers generating racism and discrimination. Most importantly, Article 6(1)(a) to (d) of the Convention aims to guarantee equality of treatment with respect to conditions of work, social security, trade union rights, accommodation and legal proceedings. With regard to accommodation, the Committee points out that segregating the migrant population from the national population may not be conducive to social integration (General Survey on migrant workers of 1999, paragraph 281). The Committee requests the Government to provide information on the following:

(i)    the activities carried out by ANAEM to facilitate the reception and effective integration in French society of migrant workers from third countries, in accordance with Articles 2 and 4 of the Convention. Please also provide information on the impact of the CAIs on the integration of migrant workers;

(ii)   the steps taken to combat the dissemination of misleading and false information, including on certain stereotypes relating to the educational and employment abilities of migrant workers as well as their being more susceptible to crime, violence and diseases, targeting both the national and foreign population. Please also provide any information on the impact of these measures on the incidence of discrimination against migrant workers;

(iii) the measures taken, and the results achieved, to ensure that migrant workers lawfully in the country and their families accompanying them are not being treated less favourably than nationals with respect to housing, whether in law or in practice. Such measures could include further steps to improve the housing and living conditions of migrant workers as well as measures to reduce their de facto segregation with respect to housing;

(iv)  the measures taken to ensure that the principle of equal treatment between migrant workers lawfully in the country and nationals is also effectively applied in practice with regard to the other matters listed in Article 6(1), subparagraphs (a)(i) and (ii), (b), (c) and (d) of the Convention. Please include information on any measures particularly addressed to women migrant workers, as well as on any complaints by migrant workers regarding these matters that have been dealt with by HALDE, the courts, or other bodies competent to monitor the application of the relevant national legislation and the Convention.

The Committee is raising other points in a request addressed directly to the Government.

[The Committee is asked to reply in detail to the present comments in 2010.]