Labour market performance and migration flows - European ...

Chapter IFinal ReportThe need for “a comprehensive approach to migration addressing political, human rights anddevelopment issues in countries and regions of origin and transit” was already stressed in the TampereEuropean Council’s conclusions (1999). Thus, the latter emphasizes that “this requires combatingpoverty, improving living conditions and job opportunities, preventing conflicts and consolidatingdemocratic states and ensuring respect for human rights, in particular rights of minorities, women andchildren”. In many respects, those general objectives, considered as causes of undesirable immigrationto the EU, match the Euro-Mediterranean Partnership’s (EMP) declared aims.However, paradoxically, the consideration of migration issues both in the Barcelona Declarationand in the Euro-Mediterranean Association Agreements (EMAAs) between the EU and MediterraneanPartner Countries was quite limited in the first place, except in the field of non-discrimination withregard to legally residing migrant workers (see Appendix of Thematic Background Paper, Venturini,Fakhoury and Jouant 2009). Only in the last few years, after the Barcelona Summit marked the firstdecade of the Euro-Mediterranean Partnership (1995-2005), have migration issues come to the fore inEuro-Mediterranean co-operation, with the integration in 2005 of a fully new pillar of cooperation inJustice and Home Affairs (first set in place in the Euro-Mediterranean Ministerial Conference held inValencia in April 2002).In the Barcelona Declaration establishing the Euro-Mediterranean Partnership, migration was onlymentioned in the chapter on the “Partnership in Social, Cultural and Human Affairs”, and not at all inthe “Economic and Financial Partnership” chapter. As far as migration is concerned, the BarcelonaDeclaration’s implicit rationale was that migratory pressures should be tackled through job creationand development (which, in turn, would be a indirect result of trade liberalization and structuralreform), combating irregular immigration and protecting the rights of legal immigrants. 55 But nospecific policy with regard to the migration challenge and its various dimensions was foreseen. Theestablishment of schemes for legal migration was certainly the missing link here.In the subsequent Association Agreements, it is clear that migration or human mobility at largewas not a priority of the Partnership at the time the EMAAs were drafted. Interestingly, the EC-Algeria Association Agreement is the only noticeable exception in this respect, as article 1.2 amongother objectives includes the “facilitation of human exchanges, particularly in the context ofadministrative procedures”. As the last EMAA to be drafted (its text was agreed in 2002, whereas thefirst one to be agreed, for Tunisia, dated back to 1995), it witnesses the increasing importance of thisissue in Euro-Mediterranean relations.The EMAAs dealt with migration issues under chapters dedicated to “Cooperation in Social andCultural matters”. In those chapters, some specific provisions related to migration are set out. 56However, it is worth noting that no considerations for labour needs or for the nature and quality ofpermit of stay or procedures or conditions for admission were included in the EMAAs.Notwithstanding this, one of the explicit priorities in the field of social cooperation was reducingmigratory pressures (“root cause approach”): “Reducing migratory pressure, in particular by creatingjobs and developing training in areas from which emigrants come; resettling those repatriated becauseof their illegal status under the legislation of the state in question”. 57 Each EMAA foresees a regularsocial dialogue which includes migration matters; however, the reciprocal minimal commitment in thisrespect targets the social aspects of migration and does not make an economically- or labour-centred55 References to migration in the Barcelona Declaration “acknowledge the importance of the role played by migration in their relationships. They agree to strengthen their cooperation toreduce migratory pressures, among other things through vocational training programmes and job creation programmes. They undertake to guarantee protection of all the rights recognisedunder existing legislation of migrants legally resident in their respective territories. In the area of illegal immigration they decide to establish closer co-operation. In this context, thepartners, aware of their responsibility for readmission, agree to adopt the relevant provisions and measures, by means of bilateral agreements or arrangements, in order to readmit theirnationals who are in an illegal situation. To that end, the Member States of the European Union take citizens to mean nationals of the Member States, as defined for Community purposes.”56 For an exhaustive overview of those provisions, refer to the Thematic Background Paper (Venturini, Fakhoury and Jouant 2009).57 Article 71 of the EMAA EC/Tunisia – same provision in the EMAA EC/Morocco . See also article 73 of the EC/Algeria EMAA which covers a larger scope of priorities related tomigration. See article 82 of the EMAA EC/Jordan, as well as articles 63 of the EMAA EC/Egypt and Lebanon.93