the 4th ceenom meeting, october 27-29, suzdal, russia
TRANSCRIPT
The 4th CEENOM Meeting, The 4th CEENOM Meeting,
October 27-29,October 27-29,
Suzdal, Russia Suzdal, Russia
Illegal/Irregular Immigrants and Illegal/Irregular Immigrants and Their Economic Activities in the Their Economic Activities in the
Czech Republic (Preliminary Czech Republic (Preliminary Results of a Qualitative Research)Results of a Qualitative Research)
Dušan DrbohlavDušan DrbohlavZZdeněk Čermákdeněk ČermákDagmar DzúrováDagmar Dzúrová
Eva JanskáEva JanskáDita ČermákováDita Čermáková
Lenka LachmanovLenka Lachmanováá
Department of Social Geography and Regional Department of Social Geography and Regional Development, Faculty of Science,Development, Faculty of Science,
Charles University in PragueCharles University in [email protected]@natur.cuni.cz
Dušan DrbohlavDušan Drbohlav
((leader of the teamleader of the team))
ZZdeněk Čermákdeněk Čermák
Dagmar DzúrováDagmar Dzúrová
Eva JanskáEva Janská
Dita ČermákováDita Čermáková
Lenka LachmanováLenka Lachmanová
RESEARCH PROJECT: RESEARCH PROJECT: International Migration and Migrants´ International Migration and Migrants´ Illegal/Irregular Activities: The Czech Illegal/Irregular Activities: The Czech
Republic in a Broader European Republic in a Broader European
ContextContext
Main goals of the projectMain goals of the project To map migrants´ illegal/irregular/quasi-legal activitiesTo map migrants´ illegal/irregular/quasi-legal activities To penetrate their migration motivesTo penetrate their migration motives To follow their transit to and living conditions in the new countryTo follow their transit to and living conditions in the new country To analyse their relationship to their mother countryTo analyse their relationship to their mother country To find out what their future behavioural stategies areTo find out what their future behavioural stategies are To analyse changes after the enlTo analyse changes after the enlaargement of the EUrgement of the EU To ascertain migrants´ impact upon society and vice versa to To ascertain migrants´ impact upon society and vice versa to
measure how effective - in migration field - regulatory measures measure how effective - in migration field - regulatory measures are are
To compare results among the Czech Republic, Austria and To compare results among the Czech Republic, Austria and HumgaryHumgary
Project sponsored by the Ministry of Labour and Social Affairs Project:Project sponsored by the Ministry of Labour and Social Affairs Project:
Program: „Modern Society and Its Changes“ No. 1J/PR/03327Program: „Modern Society and Its Changes“ No. 1J/PR/03327
more information: more information: www.www.geographygeography..czcz//illegalillegal..htmhtm
Testing theories and conceptsTesting theories and concepts
„„Push-pull“Push-pull“Neoclassical economic theoryNeoclassical economic theoryDual labour market theoryDual labour market theoryNetwork theoryNetwork theory Institutional theoryInstitutional theoryTransnationalismTransnationalism
Time schedule 2005, Time schedule 2005, methodsmethods
1)1) Expert interview (N=30) Expert interview (N=30)2)2) Delphi survey (N=30)Delphi survey (N=30)3)3) Questionnaire survey Questionnaire survey
Illegal/irregular migrants from (N=100):Illegal/irregular migrants from (N=100):A) Post-Soviet area (European part), A) Post-Soviet area (European part), B) Vietnam, China,B) Vietnam, China,
C) the USA, CanadaC) the USA, Canada
Both quantitative and qualitative Both quantitative and qualitative approachesapproaches
What is your current job, specialization and What is your current job, specialization and position? What role do you and your institution play position? What role do you and your institution play in relation to illegal/irregular migration and related in relation to illegal/irregular migration and related
issues?issues?
Altogether – 22 intervieweesAltogether – 22 interviewees
WORK for:WORK for: 7 NOGs 7 NOGs 7 GOs7 GOs 6 academic sphere6 academic sphere 2 ethnic associations2 ethnic associations
SPECIALIZATION SPECIALIZATION mostly humanities - law and sociologymostly humanities - law and sociology
Illegal/irregular migrants are often not a direct target group (except Illegal/irregular migrants are often not a direct target group (except for respondents from IOM) – mainly legal counselling, humanitarian for respondents from IOM) – mainly legal counselling, humanitarian aidaid
Some respondents cover the whole issue of illegal/irregular Some respondents cover the whole issue of illegal/irregular migration, some only some segments (e.g. „grey economy“, migration, some only some segments (e.g. „grey economy“, businessman, individual ethnic groups – Ukrainians, Vietnamese) businessman, individual ethnic groups – Ukrainians, Vietnamese)
How would you define illegal or quasi-legal migrantsHow would you define illegal or quasi-legal migrants´ economic activities in the CR while taking into ´ economic activities in the CR while taking into account a difference: employees vis-a-vis small account a difference: employees vis-a-vis small
businessman?businessman?
It has to do with - breaking a law, legislative rulesIt has to do with - breaking a law, legislative rules
Different views: Different views: a) „Quasi-legal“ does not exist – either legal or illegala) „Quasi-legal“ does not exist – either legal or illegal;;b) „quasi-legal“ – it is legal but not in harmony with what b) „quasi-legal“ – it is legal but not in harmony with what
legislators thoughtlegislators thought;;c) Irregular better term than illegal – more general – illegal c) Irregular better term than illegal – more general – illegal
migrants have no rights to stay in the countrymigrants have no rights to stay in the country;; d) Illegal work – employee´s responsibility versus illegal d) Illegal work – employee´s responsibility versus illegal
employment – employer´s responsibilityemployment – employer´s responsibility;; e) illegal migration – it is not only breaking rules concerning a e) illegal migration – it is not only breaking rules concerning a
stay and work but it is also tied to organized mafia-like stay and work but it is also tied to organized mafia-like structures. structures.
Reality in the CR – it is often difficult to distinguish whether Reality in the CR – it is often difficult to distinguish whether you act in line with a law or against it! you act in line with a law or against it!
What are main types and forms of migrants´ What are main types and forms of migrants´ illegal/irregular economic activities in the illegal/irregular economic activities in the
CR?CR?
1) Work without residence and work permits and without any work 1) Work without residence and work permits and without any work
contractcontract (probably the most typical – construction, auxiliary (probably the most typical – construction, auxiliary work, cleaning etc. …) work, cleaning etc. …)
2) With a residence permit and a trade license – however, „hidden 2) With a residence permit and a trade license – however, „hidden employment“ – they work as typical employeesemployment“ – they work as typical employees
3) They come under the umbrella of a tourist visa, they work and 3) They come under the umbrella of a tourist visa, they work and they often stay after they visa have expiredthey often stay after they visa have expired
4) Asylum seekers who start working imm4) Asylum seekers who start working immeediatdiateely after their ly after their asylum application has been submitted asylum application has been submitted
5) Not fullfiling the main purpose for a stay, e.g. while proclaiming 5) Not fullfiling the main purpose for a stay, e.g. while proclaiming family reunification or study, they occasionally work (services, family reunification or study, they occasionally work (services, translations etc.)translations etc.)
6) Tourists who come within a free visa regime (some western 6) Tourists who come within a free visa regime (some western migrants) and work also often for a long-term period migrants) and work also often for a long-term period
What are main types and forms of migrants´ What are main types and forms of migrants´ illegal/irregular economic activities in the illegal/irregular economic activities in the
CR?CR? Via establishing public trading and limited liability companies, Via establishing public trading and limited liability companies,
foreign business persons legally operate and function only as foreign business persons legally operate and function only as employees.employees.
Pretending services (making use of the EU rules) – an entrepreneur Pretending services (making use of the EU rules) – an entrepreneur who is registered in one of the member states has a right to who is registered in one of the member states has a right to provide services in other MS (e.g. misused by Poles in the CR). provide services in other MS (e.g. misused by Poles in the CR).
Different time horizons:Different time horizons:1) Those who want to stay for ever1) Those who want to stay for ever2) Those who stay for a long time while keeping intensive ties with 2) Those who stay for a long time while keeping intensive ties with their country of origintheir country of origin3) Those who stay for a short time (1-2 months)3) Those who stay for a short time (1-2 months)
Other typical features:Other typical features:a) client system, a) client system, b) flexibility (shifts among economic sectors/branches, occupations b) flexibility (shifts among economic sectors/branches, occupations and regions) and regions)
Basic personal characteristics of illegal/irregular Basic personal characteristics of illegal/irregular migrants in the CRmigrants in the CR
Country of originCountry of origin:: countries of the former Soviet countries of the former Soviet Union – Ukraine, Moldova, Belorussia, Bulgaria, Union – Ukraine, Moldova, Belorussia, Bulgaria, Albania, countries of the former Yugoslavia, Poland, Albania, countries of the former Yugoslavia, Poland, Afghanistan, Vietnam China, the USAAfghanistan, Vietnam China, the USA Specialization (niche) – Ukrainians – auxiliary works in Specialization (niche) – Ukrainians – auxiliary works in
construction, … Vietnamese – retail (cheap goods), Western construction, … Vietnamese – retail (cheap goods), Western immigrants – services (translations, leading various courses immigrants – services (translations, leading various courses etc.) etc.)
SexSex:: Males slightly dominate over females Males slightly dominate over females EducationEducation:: Ukraine – mostly secondary education, Ukraine – mostly secondary education,
however, it does not correspond to what is a however, it does not correspond to what is a standard in Western and Central European countriesstandard in Western and Central European countries
Family statusFamily status:: all possible categories involved, if all possible categories involved, if children – than left at homechildren – than left at home
How do migrants´ illegal/irregular economic How do migrants´ illegal/irregular economic activities in the CR differ from those activities in the CR differ from those
performed by citizens of the country?performed by citizens of the country?
Sanctions for migrants are stricter, much Sanctions for migrants are stricter, much more hit a given person,… no base in a more hit a given person,… no base in a host countryhost country
Migrants are discriminated (work, salaries, Migrants are discriminated (work, salaries, working conditions, relations …)working conditions, relations …);; activities activities are well organized - clients/agencies are well organized - clients/agencies takeover some of the responsibilitiestakeover some of the responsibilities
Often mafia-like structures and organized Often mafia-like structures and organized crime involvedcrime involved
In which sectors/branches, occupations, In which sectors/branches, occupations, companies and regions do illegal/irregular companies and regions do illegal/irregular
migrants mostly operate?migrants mostly operate?
BranchesBranches - construction, agriculture and - construction, agriculture and forestry, services (including domestic forestry, services (including domestic ones) ones)
OccupationsOccupations – bricklayers, chambermaids, – bricklayers, chambermaids, auxilliary works, manual/low skilled auxilliary works, manual/low skilled activitiesactivities
All All types of companiestypes of companies involved – from involved – from small (direct contact) to big ones (via small (direct contact) to big ones (via (subcontracting)(subcontracting)
Big cities and western Big cities and western part of the countrypart of the country
What are the most important positive What are the most important positive aspects related to migrants´ illegal/irregular aspects related to migrants´ illegal/irregular
economic activities?economic activities?
The CR needs such work – fullfiling gaps on the Czech The CR needs such work – fullfiling gaps on the Czech labour market (Czechs are not interested – „3D“, some labour market (Czechs are not interested – „3D“, some professions are missing)professions are missing)
They importantly contribute to the Czech welfare They importantly contribute to the Czech welfare (various impacts …)(various impacts …)
Due to migrants´ flexibility the ecomomy as such is Due to migrants´ flexibility the ecomomy as such is more efficientmore efficient
Entrepreneurs especially gain – they save money – pay Entrepreneurs especially gain – they save money – pay low wages, do not pay taxes and insurance… low wages, do not pay taxes and insurance…
Migrants´ good quality (?) but mainly not long lasting Migrants´ good quality (?) but mainly not long lasting work, cheap laborforce work, cheap laborforce
Migrants´ put no burden on the social system Migrants´ put no burden on the social system Society is enriched through a communication with Society is enriched through a communication with
different cultures different cultures
What are the most important negative What are the most important negative aspects related to migrants´ illegal/irregular aspects related to migrants´ illegal/irregular
economic activities?economic activities? Democracy is underminedDemocracy is undermined Hidden criminal (mafia-like) structures are being createdHidden criminal (mafia-like) structures are being created Corruption is flourishing (police, state officials, customs Corruption is flourishing (police, state officials, customs
officers) officers) Bad image put on all migrants (including legal ones)Bad image put on all migrants (including legal ones) Possible impacts upon international relations (CR vis-a-vis Possible impacts upon international relations (CR vis-a-vis
Ukraine)Ukraine) They do not pay taxes (except VAT) and custom-duty (huge They do not pay taxes (except VAT) and custom-duty (huge
import)import) It contributes to separation/segregation trends (Vietnamese)It contributes to separation/segregation trends (Vietnamese) They harm Czech entrepreneurs who stick to given laws/rulesThey harm Czech entrepreneurs who stick to given laws/rules Czechs lose some of the working opportunities Czechs lose some of the working opportunities In the case of a personal accident or casualty – huge expenses In the case of a personal accident or casualty – huge expenses
on the side of the CRon the side of the CR Loss of migrants´ potential human capitalLoss of migrants´ potential human capital
What are the most important negative What are the most important negative aspects related to migrants´ illegal/irregular aspects related to migrants´ illegal/irregular
economic activities?economic activities?
Concerning migrantsConcerning migrants::- No legal protectionNo legal protection- DiscriminationDiscrimination- No access to social and health insurencesNo access to social and health insurences- Small possibility to make use of their own human Small possibility to make use of their own human
capitalcapital- Problems for legal migrants since employers got Problems for legal migrants since employers got
used to employ illegal/irregular migrantsused to employ illegal/irregular migrants
How were migrants´ illegal/irregular How were migrants´ illegal/irregular economic activities seen during the last 15 economic activities seen during the last 15
years?years? 1990-1997 - Very liberal policy without installed controling 1990-1997 - Very liberal policy without installed controling
mechanisms – „doors opened“ mechanisms – „doors opened“ The state knew about the problem but more or less ignored The state knew about the problem but more or less ignored
the issue at that time – there were many other problems on the issue at that time – there were many other problems on the agenda … the agenda …
New escalation of the issue related to more restrictive new New escalation of the issue related to more restrictive new migratory legislation in 1999/2000 migratory legislation in 1999/2000
The state combats illegal migration (basic policy principles – The state combats illegal migration (basic policy principles – 2003, Interministerial Body, Action Plan 2004)2003, Interministerial Body, Action Plan 2004)
Now - some say – it is better due to an impact of the EU - Now - some say – it is better due to an impact of the EU -
more restrictions (controls), but also somewhere more more restrictions (controls), but also somewhere more liberal regime … liberal regime …
Some say – it is worse – „nobody cares about that“ …. The Some say – it is worse – „nobody cares about that“ …. The issue is not very much discussed and publicized, some issue is not very much discussed and publicized, some exceptions 2004-2005exceptions 2004-2005
How is paying attention toHow is paying attention to migrants´ migrants´ illegal/irregular economic activities related illegal/irregular economic activities related
to a more general development?to a more general development? Migrants change their behavioral strategies in relation to Migrants change their behavioral strategies in relation to
changing legislation changing legislation
More restrictive approaches (and related huge More restrictive approaches (and related huge administration/paperwork) lead to increasing administration/paperwork) lead to increasing illegal/irregular activitiesillegal/irregular activities
When the economy is booming (demand for a laborforce is When the economy is booming (demand for a laborforce is growing) - migrants´ illegal/irregular economic activities are growing) - migrants´ illegal/irregular economic activities are more tolerated, …when the economy is stagnating – more tolerated, …when the economy is stagnating – migrants=scapegoats ….. not yet in the CR!migrants=scapegoats ….. not yet in the CR!
„„Brutal criminality“ tied to migrants, to large extent, Brutal criminality“ tied to migrants, to large extent, disappeared disappeared
Czechs do not accept populists in this field too much Czechs do not accept populists in this field too much
Are there any new forms/features regardingAre there any new forms/features regarding migrants´ illegal/irregular economic activities after migrants´ illegal/irregular economic activities after
the enlargement of the EU on May 1,2004?the enlargement of the EU on May 1,2004?
System of migrants´ illegal/irregular economic System of migrants´ illegal/irregular economic activities imported to the EU (flexible models) …activities imported to the EU (flexible models) …e.g a „client system“ e.g a „client system“
On the other hand, the EU legislation has an On the other hand, the EU legislation has an impact upon the national one – „mandatory impact upon the national one – „mandatory harmonization“ harmonization“
Pretended providing services (based on the EU Pretended providing services (based on the EU regulation)regulation)
The Dublin II Agreement – smaller room for The Dublin II Agreement – smaller room for migrants to operate in, „pull“ for illegal/irregular migrants to operate in, „pull“ for illegal/irregular status of migrants in CEEcstatus of migrants in CEEc
Probably more intensively influenced by joining Probably more intensively influenced by joining the Schengen Agreement (in a fall 2007?) the Schengen Agreement (in a fall 2007?)
How many illegal/irregular migrants do stay and How many illegal/irregular migrants do stay and work in the CR? Has that number changed over the work in the CR? Has that number changed over the last five years? What sources are your assessments last five years? What sources are your assessments
based on?based on? It was a very difficult question … one half of the It was a very difficult question … one half of the
respondents did not dare to answerrespondents did not dare to answer Estimates varies between 40,000 and 200,000Estimates varies between 40,000 and 200,000 Slightly more respondents voted for increasing Slightly more respondents voted for increasing
numbers over time (7) as compared to decreasing numbers over time (7) as compared to decreasing (5), 6 expressed that the numbers are stabilized(5), 6 expressed that the numbers are stabilized
Changes in forms over time – from illegal/irregular Changes in forms over time – from illegal/irregular to quasi-legal, from employment to running to quasi-legal, from employment to running businessbusiness
Assessments based on respondents´ own Assessments based on respondents´ own experience, literature, statistics/data (e.g. Alien and experience, literature, statistics/data (e.g. Alien and Border Police), Ukrainian Embassy in the CR Border Police), Ukrainian Embassy in the CR
What is migrant´s health care like? How do they What is migrant´s health care like? How do they
solve health problems in the CRsolve health problems in the CR It depends on „clients“ but also on an individual ethnic It depends on „clients“ but also on an individual ethnic
group:group: Vietnamese are not insured, when having problems they Vietnamese are not insured, when having problems they
go to see his/her „ethnic doctor“go to see his/her „ethnic doctor“
After meeting with an accident, one can „legalize“ After meeting with an accident, one can „legalize“ his/her treatment via paying a commercial insurancehis/her treatment via paying a commercial insurance
After meeting with an accident, they immediately leave After meeting with an accident, they immediately leave the countrythe country
After meeting with an accident (and not being insured), After meeting with an accident (and not being insured), a „client“ pays for „his employee“ in cash in a hospitala „client“ pays for „his employee“ in cash in a hospital
After meeting with an accident (not being insured and After meeting with an accident (not being insured and not having a responsible client) – a migrant ends up in not having a responsible client) – a migrant ends up in asylum or detention centres where some basic health asylum or detention centres where some basic health care service is at person´s disposal care service is at person´s disposal
What is migrant´s housing/accommodation like?What is migrant´s housing/accommodation like?
Conditions depends on how much one wants to invest in it … Conditions depends on how much one wants to invest in it … also on branches of the economy and a type of work (e.g. also on branches of the economy and a type of work (e.g. construction versus forestry versus homeworks) and on an construction versus forestry versus homeworks) and on an ethnic group … ethnic group …
Better conditions than 10 years ago -Better conditions than 10 years ago -more pieces of information …more pieces of information …
- However, also very poor conditions do exist – construction - - However, also very poor conditions do exist – construction - dorms, huge concentrations of people, (20 migrants per dorms, huge concentrations of people, (20 migrants per 20m20m22,, cellars/underground spaces) bad hygienic conditions, cellars/underground spaces) bad hygienic conditions, a periphery of big cities or some central parts of cities a periphery of big cities or some central parts of cities (Prague) (Prague)
Vietnamese often lives with their compatriots – family Vietnamese often lives with their compatriots – family members or friendsmembers or friends
What forms of payments for migrants do exist?What forms of payments for migrants do exist? Wages are always lower as compared to Czech employees since no taxes are paidWages are always lower as compared to Czech employees since no taxes are paid Payments mosty in cash (in USD) – based on agreement between a client and a migrant, no signed contracts …Payments mosty in cash (in USD) – based on agreement between a client and a migrant, no signed contracts … Sometime advance payments are paid but „a base amount“ will never arrive … Sometime advance payments are paid but „a base amount“ will never arrive … Unqualified/low skilled/manual work – about 120- 80 Czech crowns per hour go to a client, in fact a worker has got Unqualified/low skilled/manual work – about 120- 80 Czech crowns per hour go to a client, in fact a worker has got
about 40 Czech crowns (in addition, a migrant has to often pay for his/her accommodation); sometimes no money are about 40 Czech crowns (in addition, a migrant has to often pay for his/her accommodation); sometimes no money are paid, sometimes money are stolen from him/her (on a border) paid, sometimes money are stolen from him/her (on a border)
Often a minimal wage plus additional moneyOften a minimal wage plus additional money are paidare paid
For how long do migrants stay and work in the CR?For how long do migrants stay and work in the CR?
Various forms applied – individual ethnic groups Various forms applied – individual ethnic groups stick to different modes:stick to different modes:
- - SlovaksSlovaks – circulate monthly (go home for – circulate monthly (go home for social subsidies payments)social subsidies payments)- - UkrainiansUkrainians – a short-term circulatory – a short-term circulatory
movements (several months, problems when a movements (several months, problems when a tourist visa expires (after 90 days)tourist visa expires (after 90 days)
- - VietnameseVietnamese – rather a long-term stay (3 – rather a long-term stay (3 and more years) – getting into debtsand more years) – getting into debts
By branchesBy branches Construction - short-term and mid-term staysConstruction - short-term and mid-term stays Industry (automobile, food) - long-term stays Industry (automobile, food) - long-term stays
What sort of discrimination are illegal/irregular What sort of discrimination are illegal/irregular migrants in the CR exposed to?migrants in the CR exposed to?
Many different forms of discriminationMany different forms of discrimination in terms in terms of:of:- wages (employers, mediators/clients)- wages (employers, mediators/clients)- work load and working conditions (safety, hygienic - work load and working conditions (safety, hygienic conditions, housing conditions)conditions, housing conditions)- „psychological blackmailing“- „psychological blackmailing“- blackmailers: Police, officers, compatriots,- blackmailers: Police, officers, compatriots,
mafia-like structuresmafia-like structures- sexual exploitation: women - sexual exploitation: women - antipathy to foreigners within the majority - antipathy to foreigners within the majority populationpopulation
No appeal possible!No appeal possible!
ConclusionsConclusions The existing information on illegal/irregular The existing information on illegal/irregular
migrants and their activities in the CR is far migrants and their activities in the CR is far from completefrom complete
The phenomenon of migrants´ illegal/irregular The phenomenon of migrants´ illegal/irregular economic activities is an important issue with economic activities is an important issue with many implications for the whole societymany implications for the whole society
To large extent, the illegal/irregular migrants To large extent, the illegal/irregular migrants behave in the CR like in many other developed behave in the CR like in many other developed immigration countries immigration countries
The phenomenon has shifted in the CR over The phenomenon has shifted in the CR over time from more „brutal/drastic“ to more time from more „brutal/drastic“ to more „decent“ forms – i.e. from illegal to quasi-legal „decent“ forms – i.e. from illegal to quasi-legal