Economic and Scoial Rights of Migrants and Refugees in The Euromed Region 911861899

Economic and Social Rights
of Migrants and Refugees

in the Euro-Med Region
Access to Health Care and the Labour Market
Case Studies: France, Jordan and Morocco
Claire Escoffier
Pierre Tainturier
Ayman Halasa
Naima Baba
Chadi Sidhom
Economic and Social Rights
of Migrants and Refugees
in the Euro-Med Region
Access to Health Care and the Labour Market
Claire Escoffier
Pierre Tainturier
Ayman Halasa
Naima Baba
Chadi Sidhom
Copenhagen - December 2008
E U R O - M E D I T E R R A N E A N H U M A N R I G H T S N E T W O R K
Vestergade 16 - 1456 Copenhagen K - Denmark

Tel: + 45 32 64 17 00 - Fax: + 45 32 64 17 02
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© Copyright 2008 Euro-Mediterranean Human Rights Network
B ib l iogra p hi c I n f ormation
Title: Economic and Social Rights of Migrants and Refugees in the Euro-Med Region: Access to Health Care and the Labour Market
Authors: Claire Escoffier, Pierre Tainturier, Ayman Halasa, Naima Baba and Chadi Sidhom
Corporate author: Euro-Mediterranean Human Rights Network (EMHRN)
Publisher: Euro-Mediterranean Human Rights Network (EMHRN)
Date of first publication: December 2008 - Pages: 124
ISBN: 87-91224-34-9
Original language: French/English
Translation into Arabic: Aiman Haddad – Translation into English: Julie Meyer – Translation into French: Olivier Pisella
Proofreading and editing: Anne Czichos, Marit Flø Jorgensen, Marc Schade-Poulsen, Chadi Sidhom
Layout: Hamza Abderrazik – Printing: Hellas Grafisk (Danmark)
Index terms: Human Rights, Migration, Asylum, Legal protection, Right to seek asylum, Right to employment, Right to health
Geographical terms: European Union / Mediterranean Countries / North Africa / Middle East
This document has been produced with the financial assistance of the European Commission, the Ford Foundation,
the Danish International Development Agency (DANIDA) and the Swedish International Development Cooperation Agency (SIDA).
The contents of this document are the sole responsibility of the Euro-Mediterranean Human Rights Network and can under no circumstances
be regarded as reflecting the position of the European Union.
E conomic and S ocial R ights of M igrants and R efugees in the E uro - M ed R egion
C ase S tudies : F rance , J ordan and M orocco A ccess to H ealth C are and the L abour M arket
TA B L E O F C O N T E N T S
COMMENTS & RECOMMENDATIONS 9 D. Case Study: Jordan 62
D.1. Migrant Workers 62
I. Introduction 15 D.1.a. Legal Framework for Migrant Workers 62
A. Semantic Clarification of the Terms “Migrant” and “Refugee” 18 D.1.b. Difficulties Migrants Face with Regard to their Socio-Economic Rights 67
B. Overview of International Instruments Ensuring Access to Health Care and the Labour i. Qualified Industrial Zones (QIZs) Migrant Workers 67
Market for Migrants and Refugees 20 ii. Migrant Domestic Workers (MDWs) 71
C. Access to Health Care and to the Labour Market for Women Migrants and Women Refugees 24 iii. Migrant Workers Who Are Exempted from Obtaining a Residency Permit 75
iv. Migrant workers at Restaurants, Bars and Hotels 77
II. Access to Economic and Social Rights for Migrants and Refugees v. Other Categories of Migrant Workers 77
Inside the European Union 27 D.2. Refugees in Jordan 78
A. Access to Health Care and the Labour Market Inside European Union Member States 28 D.2.a. Legal Framework for Refugees in Jordan 78
B. Access to Health Care for Migrants and Refugees Inside European Union Member States 32 D.2.b. Difficulties Refugees Face in Exercising Their Socio-Economic Rights 79
B.1. Difficulties Encountered by Irregular Migrants with Regard to Health Care Access 34 i. Palestinian Refugees 79
C. Migration Policies and Access to the Labour Market for Migrants and Refugees in Europe 36 ii. Iraqis in Jordan 81
C.1. Difficulties Encountered When Trying to Access the Labour Market 39 iii. Other Refugees 86
D. Case Study: France 40 D.3. Recommendations 86
D. 1. National Framework Regarding Migration and Asylum 40 D.3.a. Concerning Migrants 86
D. 2. International Framework Regarding the Protection of Economic and Social Rights D.3.b. Concerning Refugees 87
of Migrants and Refugees 43 E. Case Study: Morocco 88
D. 3. Access to the Labour Market for Migrants 44 E.1. International Framework Regarding the Protection of Economic and Social Rights
D. 4. Access to Health Care for Migrants in France 48 of Migrants and Refugees 90
D. 5. Recommendations 52 E.2. National Framework Regarding the Economic and Social Rights of Migrant
and Refugees 92
III. Cooperation within the Framework of the Euro-Mediterranean Partnership: E.3. Access to the Labour Market for Foreigners 94
Migration and the Access to Economic and Social Rights FOR Migrants E.4. Access to Health Care for Foreigners 99
and Refugees 55 E.5. Civil Society Actions 103
A. The Barcelona Process 56 E.6. Recommendations 105

6 7
A.1. Regional Cooperation on Migration 58
B. European Neighbourhood Policy (ENP) 60 Annexes 109
C. Financial Instruments and Civil Society 61

COMMENTS &
R E C O M M E N DAT I O N S
Economic and Social Rights of Migrants and Refugees in the Euro-Med Region: Access to Health Care and the Labour Market
Migrants and refugees face considerable difficulties when it comes to exercising their rights to But it is no less true that migrants and refugees in Mediterranean countries have very little
health care and/or employment. recourse if their rights are violated. None of the countries in the region have adopted any legal
mechanisms that recognise refugee status. Statutory refugees and asylum applicants registered
Nevertheless, migrants and refugees in European Union countries have various possible forms with the UNHCR do not have access to the labour market in practice. As for access to health
of recourse, legal in particular, which guarantee access to a certain number of their rights. The care, it is often quite limited. All the countries in the region have migration control laws that
case-law of the European Court of Human Rights (ECHR), as well as a number of texts adopted provide for prison sentences in the event of irregular entry. For instance, the new Algerian law
by the European Union, have contributed greatly to strengthening migrant and refugee rights. adopted in June 20081 provides for up to 2 years imprisonment for any individual who does not
However, many difficulties remain. For example, problems persist for seasonal workers who do respect conditions of entry or residency, and up to 5 years for individuals who elude expulsion
not always receive adequate social protection and who live in extremely difficult conditions, or deportation. Administrative arrest pending deportation can last up to 30 days with no limit
with no regular access to basic health care. Moreover, no country within the European Union on the number of renewals. In certain countries of the region, prison sentences for irregular
has ratified the International Convention on the Protection of the Rights of All Migrant Workers entry are also applicable to asylum seekers. Such is the case in Lebanon, where irregular Iraqi
and Members of Their Families (ICRMW). It is also important to note the almost general tendency refugees are almost systematically placed in detention.2
among EU countries to enforce border control and fight illegal immigration with often repressive
measures that can potentially lead to a host of human rights violations. Such is the case for the Jordan has ratified neither the Geneva Convention nor the International Convention on
Return Directive, which authorises the detention of irregular migrants for as long as 18 months. the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW).
The Dublin II Regulation, aimed at determining which Member State is responsible for any given At the official level, authorities recognise neither statutory refugees nor asylum seekers, who
asylum application, is also a possible source of refugee rights violations. As an example of as a result do not have access to the labour market. Their access to health care is limited
this regulation’s implementation, we note Greece’s deportation of asylum seekers who were (primarily for financial reasons), and is generally obtained through civil society organisations
“returned” by other EU Member States. working in partnership with the UNHCR. Migrant workers face numerous difficulties. Despite
efforts by the authorities, the living conditions of migrant women domestic workers (WDW)
In France, many human rights organisations have sharply criticised current policies on immigration remain preoccupying. Morocco ratified the Geneva Convention as well as the ICRMW, yet in
and asylum. The immigration law passed in 2006 restores labour immigration and encourages reality refugee status is not recognised by the authorities, despite existing legislation for the
the selection of foreigners from their country of origin on the basis of France’s economic implementation of the Geneva Convention, and a Bureau for Refugees and Stateless Persons
needs, without facilitating access to employment for foreigners already in the country. Migrants (whose activities however are currently suspended). Neither refugees nor asylum seekers have
present on French soil must obtain a work permit at police headquarters. Refugees do not access to the labour market, and due to a variety of obstacles, financial and administrative
require special authorisation, but asylum seekers are point blank refused access to the labour in particular, their access to health care is limited. Very often these populations depend on
market. As regards access to health care, different sorts of coverage exist. Those who encounter civil society groups and the UNHCR for medical care. Note, however, that Rabat’s Ministry of
most difficulty are irregular migrants because they do not always have access to information Health Delegation has recently shown a greater openness to the idea of facilitating health
concerning their rights. In addition, they are often reluctant to go to health clinics for fear of care access for migrants. Nonetheless, migrant workers may encounter difficulties when trying
10 being arrested and deported. to assert their rights. Sub-Saharan migrants are the most vulnerable population. 11
1 Law No. 08-11 dated 25 June 2008, published in the Official Journal of the Algerian Republic, 2 July 2008.
2 See HRW report, «Rot here or die there», 3 December 2007 – www.hrw.org.
COMMENTS & RECOMMENDATIONS

Generally speaking, irregular migrants live in precarious conditions whether it be in Europe or Furthermore, future «Migration and Social Affairs» working group meetings (or sub-committee
in the Mediterranean region. They are faced with multiple difficulties. Fear of being exposed, meetings related to migrants and refugees), in particular those concerning Jordan and
reported to the police and deported can prevent them from going to health clinics. In addition, Morocco, should address the issue of access to employment and health care for migrants,
a lack of information concerning their rights or the existence of such facilities, the prohibitive asylum seekers and refugees. All partners are strongly encouraged to take up the question
price of medical care, administrative difficulties and communication problems all dramatically of migrant and refugee rights violations during «Human Rights» sub-committee meetings, and
contribute to reducing this population’s access to health care. And these difficulties are worse are asked to ensure the necessary coordination with the «Migration and Social Affairs» working
for migrants who are isolated or psychologically fragile. Concerning access to work, they are groups.
easy targets for exploitation with no possible recourse if their rights are violated, precisely
because they are in an irregular situation. They are also easily victim to violence or abuse from The Euro-Med Migration II Project. We recommend that the various working groups include
employers, police officers, members of their own community and xenophobes. the issue of economic and social rights of migrants on their agendas. Those responsible for
implementing this project should ensure that the question of migrants’ access to health care
Lastly, it is important to stress the important role played by civil society groups in assisting and the labour market is addressed by the “Legal Migration” and “Migration and Development”
migrants, refugees and asylum seekers in the three countries under study here. NGOs and other working groups. As for the “Legislative Convergences” working group, participants should
aid agencies are crucial in terms of medical, psychological and legal support for migrants, examine the laws in force in the Euro-Med region which affect employment and health care
asylum seekers and refugees. In many cases, these organisations are their only recourse to access for foreigners, and study the impact of these laws on their economic and social rights.
claiming rights. Civil society groups should be granted easier access to meetings and working groups which
are organised within the project framework in order to allow them to make the participants
The results of this study clearly indicate that there is a need to strengthen civil protection benefit from their expertise. Lastly, during training sessions and study trips organised within the
mechanisms for the social and economic rights of migrants, refugees and asylum seekers. framework of the project, meetings should be organised with local civil society groups who are
active in the protection of foreigners.
The European Union. All Member States should ratify the ICRMW. To this end, the European
Commission should consult each Member State in order to pinpoint the obstacles that hinder Concerning financial instruments. Within the scope of the European Neighbourhood Policy,
ratification of the Convention. Legal instruments to guarantee migrant workers’ rights, in we encourage the European Commission to identify bilateral and regional projects aimed at
particular seasonal workers, should be adopted. The Reception Conditions Directive should be guaranteeing the economic and social rights of migrants and refugees.
amended to facilitate asylum seekers’ access to the labour market. The Qualification Directive In addition, it is imperative that the European Commission make the issue of migrant protection
should be rewritten so as to ensure that persons who benefit from subsidiary protection are a priority for all countries in the region, including the Middle East and Gulf States, in its next call
guaranteed access to employment. The Return Directive should be entirely revised and the for proposals for the Thematic Cooperation Programme with Third Countries in the Development
replacing text should guarantee the rights of migrants. As for the Dublin II Regulation, it should Aspects of Migration and Asylum. The protection of women migrants and refugees should also
be repealed. be included as a priority in the thematic programme.
The Euro-Med Partnership. The European Commission and Partner States of the Barcelona Process Finally, the European Parliament and Euro-Mediterranean Parliamentary Assembly are
should implement the recommendations made during the Istanbul Euro-Med Conference encouraged to follow up on all of the cooperation programmes that have been set up by the
on reinforcing the role of women in society, and more specifically those recommendations European Union with third countries in matters of migration and asylum. The members of these
concerning the protection of migrant women. Within this context, the Commission is encouraged bodies should more specifically make certain that the respect of migrant, refugee and asylum
to identify the specific obstacles encountered by migrant and refugee women regarding seeker rights is a priority in all cooperation efforts.
access to health care and employment. Moreover, coordination should be ensured within the
framework of the implementation of the various ministerial conferences relating to the socio-
economic rights of migrants and refugees in the region (employment, migration, gender, etc.).
12 13
COMMENTS & RECOMMENDATIONS

I . I ntroduction
The reinforcement of the “zero immigration policy” advocated by a majority of European The Euro-Mediterranean Human Rights Network (EMHRN) undertook this study in the hope
countries since the oil crisis of the 70s has caused borders to gradually close. The drastic policies of answering the following questions: to what extent does the toughening of border control
applied to numerous Southern nationals who are perceived as “migratory risks” have given rise policies facilitate or hinder access to economic and social rights for migrants, particularly those
to an exponential increase in illegal immigration. A constant increase in North-South disparity,
3
in irregular situations, refugees and asylum seekers? What are the legal, administrative, social
natural catastrophes, and the desire for mobility incite thousands of people to emigrate each and economic difficulties and obstacles that these people face? What solutions do civil society
year for a more or less temporary stay in Europe. In many regions of the world, including sub- and governments propose to overcome these difficulties?
Saharan Africa, the Middle East and the Near East, wars as well as ethnic and religious violence
continue to spur the exodus of millions.4 Particular attention is paid to conditions governing access to the labour market and health
care because, in many cases, these are the first difficulties that migrants and refugees face after
Restrictive migration policies have had direct repercussions on countries located on the entering a foreign country. Please note that, as regards the right to work, the study concentrates
periphery of the European Union such as the North African countries. Traditionally countries of on “access” to employment and not rights associated to the exercise thereof (the right to form
emigration, these nations are becoming not only countries of transit, but countries of detention a trade union, etc.).
for sub-Saharan Africans trying to reach Europe. The pressure exerted by the European Union
on these countries to stop migration into the Schengen area has had direct consequences on The general frameworks and EU policies which guarantee access to health care and the labour
asylum seekers, transmigrants and economic migrants. market for migrants and refugees are analysed. Policies implemented within the context of Euro-
Mediterranean cooperation are also examined. The EMHRN and the members of its Migration
In most North African and Middle Eastern countries, the implementation of policies concerning and Asylum working group asked that the report include one North African country, one Middle
the integration and protection of migrants and refugees is often deficient. The lack of laws Eastern country, and one European Union country. As such, three case studies take a look at
and legal mechanisms guaranteeing the respect of their rights considerably increases conditions governing access to the labour market and health care for refugees and migrants in
the vulnerability of migrants who live in or who are passing through these countries. Their France, Jordan and Morocco. After studying national legislations, the studies look at civil society
vulnerability is all the more acute in that civil society groups often have very limited freedom to initiatives and the difficulties experienced by migrants and refugees in each of these countries.�
act, and human rights organisations lack the means and the knowledge to address these issues
effectively. In light of the overall preoccupying state of human rights in some of these countries, The existence of associations which are active in protecting and assisting refugees was an
it would seem that the protection of foreigners is not yet considered a priority. important factor in the choice of study countries. The freedom of movement that researchers
would enjoy was also a consideration. For countries in the Mediterranean region, the degree
of cooperation with the European Union in the Euro-Mediterranean Partnership and European
Neighbourhood Policy was relevant. Lastly, concerning the choice of the European Union country,
it was deemed significant that the state be one which plays an active role in determining
European migration and asylum policies.
16 17
3 According to IOM estimates, between one third and one half of all newly arrived persons in industrialised
countries are in irregular situations either because they are undocumented or because they have fake
documents. In 2008, Europol estimated that the number of irregular immigrants in the European Union
was around eight million, with an annual entry rate of about 500,000.
4 At the end of 2007, the UNHCR counted 11.4 million refugees living outside their countries, and 26 million
internally displaced persons.
I . I ntroduction
or ethical standpoint”. They reject the use of the term “illegal” as being associated to criminal
action since undocumented migrants are for the most part only committing an administrative
offence.7 It is essential to point out that the Council of Europe adopted a resolution in June
2006 on the rights of irregular migrants in which it asserted its preference for the term “irregular
situation”.
In the North African and Middle Eastern regions, definitions vary with each country. In North
African countries, where sub-Saharans transit on their way to Europe, the notion of “migrant”
blurs with the local definition of harraga, an Arabic term which literally means “road burner”.
This expression is used to designate those who try to reach Europe by sea regardless of whether
they are from North Africa or sub-Saharan Africa. The media refer to them as “immigration
candidates” or “candidates for Eldorado”. In France, for many years, sociological studies on
migration focused solely on the image of “immigrants”8 and their socially inferior status. This largely
A. Semantic Clarification of contributed to reducing the public’s perception of immigrants as docile and passive underlings
and not an active force9 in the host society’s development. The term “transmigrant”,10 which we
the Terms “Migrant” and “Refugee” will be using in this report, refers to persons present in countries peripheral to the European Union
who are in transit - en route towards Europe - but who are denied entry because of restrictive
legislation in the country of destination. As for transmigrants themselves, they do not define
The generic term “migrant” covers a heterogeneous set of legal statuses and social situations.
themselves as “migrants” rather as “adventurers”, “clandestine travellers” or “people who want
Please note that in Europe today, there is no political consensus on what the term “migrant”
a life”. In Jordan, the term “migrant” is not used as such; foreigners are either called “migrant
actually stands for. The broadest definition given by EU officials is “a third-country national who
workers” or “guest workers”.11
is not a citizen of the European Union”. However, the European Union Agency for Fundamental
Rights, in its first annual report in 2008, points out that no official definition for migrants and ethnic
At first glance, the term “refugee” seems to cover an apparently more homogenous reality
minorities exists in the European Union and that the term generally refers to “social groups
because it is linked to the 1951 Geneva Convention, which recognises “any person who, owing
[…] who are potentially vulnerable to experiences of racism, xenophobia, and racial/ethnic
to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership
discrimination. [T]he term most commonly covers first-generation immigrants and refugees, as
of a particular social group or political opinion, is outside the country of his nationality and is
well as people of immigrant origin in subsequent generations, […] and groups such as Roma,
unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or
Sinti and Travellers.”5 The MigHealthNet project, which works on migrant health issues, adds to the
who, not having a nationality and being outside the country of his former habitual residence
list of previously cited groups: “Undocumented migrants6, asylum seekers, rejected candidates
as a result of such events, is unable or, owing to such fear, is unwilling to return to it”. However, as
for family reunification, clandestine immigrants, refugees and migrants in irregular situations”.
we will see, certain Middle Eastern countries have still not signed the 1951 Convention and do

not grant refugee status to persons who fit these criteria; rather they use euphemisms such as
It is important here to clarify the semantic debate opposing supporters of the term “migrants
“guest”, “brother” or “displaced person” to designate Iraqi refugees they welcome on their soil.
in an irregular situation” to those who speak of “illegal migrants”. We recall that the notion of
There is also the ambiguous situation of those who benefit from exceptional status in derogation
“irregularity” was first defined in 1975 by the International Labour Organisation (ILO) and widely
to the Geneva Convention.
adopted over the following decades as follows: “A migrant is in an irregular situation during
the course of his/her journey, on arrival or during his/her stay in a country if he/she is violating
instructions or agreements at an international, multinational or bilateral level or national
legislation.” This is often the case of persons without valid residence permits, either permanent
or temporary. Many organisations which defend undocumented migrants (PICUM, Gisti, etc.)
argue for the use of the ILO definition, and a number of NGOs, local authorities and civil society
actors unanimously agree in saying that “no human being is illegal, whether it be from a legal 7 The use of the term «illegal» when referring to human beings is perceived as dehumanising.
18 19
8 This term was coined in the 19th century by industrialised countries which called upon foreign manpower
for their economic development.
5 «Travellers» belong to a nomadic ethnic minority in Ireland and are often victims of discrimination. 9 A. Tarrius, «Arabes de France dans l’économie souterraine mondiale», L’Aube, 1995.
6 In France, the term «sans-papiers” (undocumented immigrants) was coined in 1996 following the sit-in 10 C. Escoffier, «Transmigrant-e-s africain-e-s au Maghreb: une question de vie ou de mort», L’Harmattan,
at the St Bernard church in Paris. The demonstrators were people in irregular situations, but who felt they 2008.
were entitled to legal residence. This expression does not exist as a legal term, however it gives a reality 11 Jordan has «migrant workers» and «domestic workers» (also called «guest workers»), who are permitted
to a group of people who have no legal status, but who are asking for the right to have rights. to come work in the country on the basis of a fixed-term contract.
I . I ntroduction
and palliative health services”.12 The Convention on the Rights of the Child (1989) stipulates
that “States Parties recognise the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health.”
As regards labour, the International Convention on the Elimination of all Forms of Discrimination
recognises “the rights to work, to free choice of employment, to just and favourable conditions of
work, to protection against unemployment, to equal pay for equal work, to just and favourable
remuneration”. The ICESCR also insists on “the right of everyone to the enjoyment of just and
favourable conditions of work”. Article 6 of the ICESCR defines the right to employment as
including “the right of everyone to the opportunity to gain his living by work which he freely
chooses or accepts”. On this account, States are obligated to “take appropriate steps to
safeguard this right”, in particular through technical and vocational training programmes and
guidance, as well as with “policies and techniques to achieve steady economic, social and
B. Overview of International cultural development and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.” Article 7 of the ICESCR
Instruments Ensuring Access to reaffirms “the right of everyone to the enjoyment of just and favourable conditions of work.”
Health Care and the Labour In a report dated 6 February 2006,13 the United Nations Committee on Economic, Social and
Market for Migrants and Refugees Cultural Rights specified that, when examining a State’s dereliction of duty with regard to the
right to work, a distinction must be made between cases where a State is unable to enforce this
right, and cases where there is an unwillingness to do so. Nonetheless, the Committee specified
At the end of Second World War, the General Assembly of the United Nations drew up a number that it considers a State to be evading its obligation to respect the right to employment
of Conventions and Declarations which institutionalised the universality of Human Rights, and when “laws, policies or actions” go against the measures laid down in Article 6 of the ICESCR,
guaranteed access for all to economic and social rights, including access to health care and particularly when they are discriminatory as regards “access to the labour market or to means
the labour market. Though it does not have force of law, the first of these texts was the Universal and entitlements for obtaining employment on the grounds of race, colour, sex, language, age,
Declaration of Human Rights of 1948 whereby Article 25 stipulates that “everyone has the right religion, political or other opinion, national or social origin, property, birth or any other situation
to a standard of living adequate for the health and well-being of himself and of his family, with the aim of impairing the equal enjoyment or exercise of economic, social and cultural
including food, clothing, housing and medical care and necessary social services, and the rights”. Moreover, the Committee specifies, “in particular are considered to be retrograde
right to security in the event of unemployment, sickness, disability, widowhood, old age or other discriminatory measures which refuse access to work to certain individuals or groups, whether
lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled the discrimination be in legislative texts or in practice”.
to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the
same social protection.”
The International Convention on the Elimination of all Forms of Racial Discrimination (1965)
recognises “the right to public health, medical care, social security and social services”. But
the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) contains
the most comprehensive clause; Article 12 recognises “the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health”. The content of this clause
was made explicit by the Committee in charge of applying the terms of the Convention in its
Commentary No. 14, which stipulated that “States are under the obligation to respect the right
20 21
to health by, inter alia, refraining from denying or limiting equal access for all persons, including
prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative
12 See «Access to Health Care for Undocumented Migrants in Europe», PICUM, 2007 report.
13 E/C.12/GC/18.
I . I ntroduction
None of the texts cited above make explicit mention of migrant workers. We would have to
wait until 199014 for the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW) to be drafted. Adopted on 18 December, this
date marks the yearly celebration of International Migrants Day. The Convention establishes
universal legal standards and recognises the potential vulnerability which is characteristic of
migrant workers and their family members, as well as the necessity to improve their access to
fundamental rights.15 The document is comprised of 93 articles divided into nine parts. Part I
defines various categories of migrants, including “migrant workers”. Herein, a “migrant worker” is
defined as “a person who is to be engaged, is engaged or has been engaged in a remunerated
activity in a State of which he or she is not a national” (Art. 2). Part II includes a general clause on
non-discrimination. Part III details the rights “of all migrant workers”, especially those in irregular
situations. This section recognises the right of migrant workers to equal treatment with State
nationals in respect to work conditions (Art. 25), the right to take part in union activities (Art. 26),
and access to health care (Social Security in Article 27, and urgent medical care in Article 28).
Nonetheless, it should be recalled that, from the outset,“host” countries16 have voiced numerous
objections to the Convention. Since it came into effect in 2003, only 21 countries have ratified it
(all member states of the European Union, the United States, Canada and Australia still refuse to
do so). Nevertheless, the Social Committee and the Council of Europe Parliamentary Assembly17
have launched an appeal for its ratification, and all human rights associations, including the
EMHRN, are pleading for its ratification. In the Euro-Med region, it has been ratified by Algeria,
Egypt, Morocco, Libya, Syria and Turkey.
14 The various International Labour Office conventions aim at implementing the principle of non-
discrimination. Convention 97 of 1949 puts this principle into effect by forbidding discrimination on the
basis of nationality, race, religion or gender. Convention 157 of 1982 defends migrant workers’ right
to social security. The convention on the rights of migrant workers, together with the ILO Conventions
and the World Charter of Migrants, constitute the main instruments for the international protection of
22 23
migrants.
15 Hommes et Migrations, Cité Nationale de l’histoire de l’immigration, N° 1271, 2007, «La Convention sur les
droits des travailleurs migrants. Enjeux et perspectives».
16 See L. Bicocchi, “Rights of all migrant workers” (Part III of the Convention), http://ohchr.org/english/
issues/migration /task force.
17 See A. Guilbert, R. Platetevoet, “The UN Migrant Workers Convention: Steps Towards Ratification in
Europe”, www.december18.net/web/docpapers/doc5096.pdf.
I . I ntroduction
At the European level, the Union has committed to promoting gender equality in its development
cooperation policies, which are essentially intended to fight poverty, and efforts have been
made to include gender mainstreaming in all areas. The Regulation adopted by the European
Commission (EC) in 2004 on “promoting gender equality in all areas of development co-
operation” aims at “improving the integration of gender equality and reinforcing the role of
women in all development policies, strategies, actions and cooperation, in addition to specific
measures to prevent or compensate for gender-related disadvantages”. In March 2007, these
measures were reinforced by the Commission Communication on “Gender Equality and
Women’s Empowerment in Development Cooperation”.
It is noteworthy that neither the CEDAW nor the Conferences on women mention migrant
women. And yet studies show22 that these women’s rights are often violated because they are
exposed to high risks of physical violence and sexual assault during their migratory journeys,
C. Access to Health Care and to especially if they travel alone or are in irregular situations. Furthermore, research – including
the following case study on Jordan – shows that violations of migrant women’s rights in the
the Labour Market for Women workplace and/or at home are common.
Migrants and Refugees
The principle of equal rights is affirmed by the United Nations Charter of 1945 as well as by
Article 2 of the Universal Declaration of Human Rights of 1948. Starting in the 1970s, feminist
activists brought to light gender inequalities in many areas. In 1979, the Convention on the
Elimination of all Forms of Discrimination Against Women (CEDAW) required that States include
the principle of gender equality18 in their national laws, and establish mechanisms to fight
discrimination against women19 in the realms of labour, access to health care, and workplace
safety. In 1993, gender-related violence was defined at the World Conference on Human Rights.
In 1994, the International Conference on Population and Development (ICDP) in Cairo paid
considerable attention to the situation of women and introduced the idea of “reproductive
health” (reproductive and sexual health care). In Beijing in 1995, the Fourth World Conference
on Women dealt with women’s relations to economy, power, responsibility and poverty.20
In 1999, the ICDP +5 Conference reasserted the universal right to maternal health care (pre-natal
care and healthy pregnancies), and the right to reproductive health care21 (contraception,
prevention of teen pregnancies, and prevention of sexually transmitted diseases (STDs) and
HIV/AIDS). In 2000, the Conference on Millennium Development Goals stressed gender equality
and the empowerment of women (Goal No. 3).
24 25
18 In 2007, 185 countries ratified the CEDAW.
19 In 1999, an Optional Protocol to the Convention gave female victims of discrimination (both individually
and collectively) the possibility of lodging a complaint with the National Committee. Employers who lay
women off for reasons of pregnancy, maternity leave, or on the basis of marital status will be fined.
20 In June 2007, 88 countries among the 185 signatories of the CEDAW ratified the agreement. 22 See report by MSF-Spain, «Violence et Immigration: Rapport sur l’immigration d’origine sub-saharienne
21 Although the ratified International Conventions and additional protocols have force of law they are au Maroc», 2005 and C. Escoffier «Communautés d’itinérances et savoir-circuler des transmigrant-e-s au
seldom applied, mainly because both plaintiffs and legislators are not well enough informed. Maghreb», doctoral thesis, June 2006.
I . I ntroduction
II. Access to Economic and
Social Rights for Migrants
and Refugees Inside the
European Union
Over the course of the past decades, the Member States of the European Union – via the
Council of Europe and/or other EU agencies – have progressively equipped themselves with a
wide range of political and legal instruments relative to the respect of civil, political, economic
and social rights of migrants and refugees, and more specifically access to health care and
the labour market.
A. Access to Health Care and another ministerial meeting between the 27 EU Member States was held on November 3-4 2008
in Vichy, “to help advance the common agenda for integration policies in Europe”. However,
the Labour Market Inside human rights groups challenged the Conference’s agenda and Mrs Hélène Flautre, President
of the European Parliament’s Sub-Commission on Human Rights, expressed regret that “the 60th
European Union Member States anniversary of the Universal Declaration of Human Rights didn’t inspire the meeting’s agenda.”
European Social Charter

The European Social Charter, adopted by the Council of Europe and revised in 1996, offers
The theme of the 8th Council of Europe Conference of Ministers responsible for Migration
protection in many areas, including health care. Article 11 specifies that “everyone has the right
Affairs (Kiev, September 2008) was “Economic Migration, Social Cohesion and Development:
to benefit from any measures enabling him to enjoy the highest possible standard of health
Towards an Integrated Approach”. The Council recommended that “governments […]
attainable.” Article 13 stipulates that “anyone without adequate resources has the right to social
strengthen dialogue and co-operation between receiving, transit and origin countries with
and medical assistance.” The Council of Europe’s Committee of Social Rights recommends that
a view to identifying common priorities, increasing and sharing the benefits of migration
States having ratified the Charter should be dutifully bound to provide medical assistance for
through co-development initiatives and transfer of capital, skills and technology by migrants
persons in irregular situations, for “health care is a prerequisite for the preservation of human
to their countries of origin as well as facilitating integration and reintegration”. It also stressed
dignity”. Concerning access to the labour market, the first article of the Charter specifies that
“the need to adopt concrete measures to protect the human rights of especially vulnerable
“everyone shall have the opportunity to earn his living in an occupation freely entered upon”
migrant groups, such as unaccompanied children, elderly and isolated women, and to combat
without specifying any particular conditions as to the person’s nationality, or his/her “regular” or
racism, xenophobia and violence against migrants”. Among the measures intended to improve
“irregular” status on the given State’s soil.23
the integration of immigrants and their families were recommendations to develop a viable
system of validating skills and qualifications acquired abroad, both formally and informally;
improve effective access to education, health, social protection, employment and housing;
and implement programmes aimed at helping migrants learn the language and become
28 familiar with the culture of the receiving society. At this conference, we would observe that the 29
prevailing attitude was becoming more humane: the respect of human rights is addressed, the
most vulnerable groups are taken into consideration, and integration is apparently becoming
23 On 8 September 2004, the Council of Europe’s Committee of Social Rights condemned France on the
a priority. On the initiative of the French Minister of Immigration and Integration, B. Hortefeux, grounds that its legislation did not respect the right to health care for foreign minors who were children
of irregular migrants.
I I . Access to E conomic and S ocial R ights for M igrants and R efugees I nside the E uropean U nion
Convention for the Protection of Human Rights and Fundamental Freedoms “Reception Standards” Directive
The Convention for the Protection of Human Rights and Fundamental Freedoms (amended EC Council Directive 2003/9/EC lays down minimum standards for the reception of asylum
by Protocol No. 11 in 1998), adopted by the Council of Europe, seeks to secure and develop seekers in Member States and specifies conditions for their access to health care and the
human rights and fundamental freedoms. The Convention applies “to any person present on labour market. Article 13 specifically deals with access to health care, and paragraph (2)
the soil of one of the signatory states, irrespective of his/her nationality and of the ensuing stipulates that “Member States shall make provisions on material reception conditions to ensure
legislation relative to his/her stay”. Based on Article 14 of the Convention, the European Court of a standard of living adequate for the health of applicants and capable of ensuring their
Human Rights (ECHR) established the principle of equal treatment of foreigners and nationals subsistence.” Paragraphs (3) and (4) specify that the States may require applicants to cover
and specified that “the enjoyment of the rights and freedoms set forth in this Convention shall or contribute to the cost of the health care provided for in the directive if they have sufficient
be secured without discrimination on any ground such as sex, race, colour, language, religion, resources. Article 15 stipulates that: “1) Member States shall ensure that applicants receive the
political or other opinion, national or social origin, association with a national minority, property, necessary health care, which shall include, at least, emergency care and essential treatment of
birth or other status.” The Convention contains no clauses on the right to employment. illness; 2) Member States shall provide necessary medical or other assistance to applicants who
have special needs.” Article 11 concerns the conditions of access to employment. The directive
Charter of Fundamental Rights does not, however, grant automatic access to the labour market to asylum seekers. The article
The Charter of Fundamental Rights of the European Union (2000/C 364/01) stipulates in Article stipulates that: “1) Member States shall determine a period of time, starting from the date on
35 that “everyone has the right of access to preventive health care and the right to benefit which an application for asylum was lodged, during which an applicant shall not have access
from medical treatment under the conditions established by national laws and practices. A to the labour market; 2) If a decision at first instance has not been taken within one year of the
high level of human health protection shall be ensured in the definition and implementation of presentation of an application for asylum and this delay cannot be attributed to the applicant,
all Union policies and activities”. Article 15 of the Charter deals with the freedom to choose an Member States shall decide the conditions for granting access to the labour market for the
occupation and the right to engage in work. It stipulates that “everyone has the right to engage applicant.”
in work and to pursue a freely chosen or accepted occupation”, regardless of nationality or
administrative status. Furthermore, paragraph (3) of the same article states that “nationals of Directive Proposal for “Long-Term Residents”
third countries who are authorised to work in the territories of the Member States are entitled to In June 2007, the European Commission submitted a proposal that would enable refugees
working conditions equivalent to those of citizens of the Union”. to obtain “long-term resident” status, as they are currently excluded from Council Directive
2003/109/EC. The 2003 directive applies to third-country nationals who have been legally
Because the Charter is referred to in the Treaty of Lisbon (December 2007), the possibility of it settled in a European Union country for a minimal period of 5 years and who have satisfied
having force of law – once the Treaty is ratified – is currently under discussion. certain conditions. As long-term residents, they enjoy stronger protection against deportation
and equal treatment with EU nationals as regards access to certain economic and social
“Qualification Directive” rights. They also have the right to reside in another Member State, in particular to work or study,
EC Council Directive 2004/83/EC establishes minimum standards to qualify for refugee or within the conditions laid down by the directive. The proposal to add refugees to the list of
subsidiary protection status, and provides for the right to health care access. Article 29 stipulates beneficiaries of this directive poses a problem for certain EU Member States, who refuse to be
that “Member States shall ensure that beneficiaries of refugee or subsidiary protection status forced into applying refugee status granted by other Member States.
have access to health care under the same eligibility conditions as nationals of the Member
State that has granted such statuses.” Nonetheless, in certain cases, beneficiaries of subsidiary
protection are not eligible. Article 26 of the directive guarantees access to employment for
refugees as well as for beneficiaries of subsidiary protection once such status has been granted.
As regards beneficiaries of subsidiary protection, “the situation of the labour market in the
Member States may be taken into account, including for possible prioritisation of access to
employment for a limited period of time to be determined in accordance with national law.”
This directive is applicable in all Member States of the European Union, except Denmark.
30 31
B. Access to Health Care for According to the European Commission’s follow-up report on the Ministerial Conference held
in Istanbul27 on strengthening the role of women in society, many European countries claim to
Migrants and Refugees Inside allocate considerable funding to social services for the integration of migrants, with special
focus on women due to their disadvantaged situation. Several European countries are fighting
European Union Member States against “traditional practices” recognised as violations of a person’s fundamental rights and
physical integrity. For example, Italy has enacted a law aimed at preventing and cracking down
on genital mutilation practices among young girls and adolescents, while Portugal’s National
National legislation concerning access to free health care for refugees, asylum seekers and Action Plan for Citizenship and Gender Equality 2007-201028 includes measures to prevent these
migrants, including those who are in irregular situations, is very diverse throughout the European practices and raise awareness concerning them. In Malta, the Ministry for the Family and Social
Union. The PICUM 24
network of associations conducted a comparative study on access to Solidarity says it caters to the specific needs of immigrants in irregular situations. The objective
health care for “undocumented migrants” in a sample of European countries. Some countries, of the Organisation for the Integration and Welfare of Asylum Seekers (OIWAS) is to encourage
like Austria and Sweden, provide health care on a payment basis only. Hungary and Germany coherent reception and integration policies. Specific services are offered to pregnant female
provide health care free of charge in certain cases; while the United Kingdom and Portugal immigrants, including rapid transition from detention centres to open centres.29 We also observe
provide wider coverage, but their legislation is more restrictive and unclear. Belgium, the the existence of Pilot Projects aimed at promoting “Equality and Health”, and the development
Netherlands and France have adopted “parallel administrations” with or without payment of tools and initiatives that are turning hospitals into “migrant-friendly” hospitals. Other countries
systems. The case of France will be examined later in depth. Lastly, Italy and Spain offer universal are studying administrative and legal structures that might cause indirect discrimination.
access to health care. In certain countries, access to medical care is limited to urgent medical
assistance,25 but the lack of clarity as to what actually constitutes an emergency allows medical
professionals a certain amount of leeway that can be favourable to undocumented migrants.
In these economically challenging times for Europe, it is common to hear the objection that
improved access to health care would ultimately attract a larger number of irregular migrants.
However associations that have conducted research on the subject refute this stance. The
NGO Medimmigrant, for instance, demonstrated that the 1996 enactment of the right to urgent
medical assistance for undocumented migrants in Belgium did not have any such effect.
Likewise, the conclusions of a Dutch study26 showed that the financial impact of immigration for
medical reasons is negligible in the Netherlands.
32 33
27 European Commission, Executive Summary, final report 2006-2007.
28 Portugal’s 2007-2009 Plan for immigrant integration includes studies on immigrant women, the obstacles
24 PICUM: Platform for International Cooperation on Undocumented Migrants. they encounter, the types of discrimination they suffer, and their specific needs.
25 In Belgium, foreigners in irregular situations lose their right to asylum and social aid, with the exception of 29 Nonetheless, many reports by civil society organisations on migrants in irregular situations and asylum
urgent medical assistance, which covers an array of conditions (including pregnancy and childbirth), seekers strongly criticise Maltese authorities’ practices, in particular the systematic detention of foreigners
and both preventive and curative medicine. in sometimes inhumane conditions. See: FIDH, “Enfermer les étrangers, dissuader les réfugiés: le contrôle
26 Health Care for Undocumented Migrants, PICUM, 2007. des flux migratoires à Malte», 22/09/04.
B . 1 . Difficulties Encountered by Irregular Health Care in Detention Centres

Inside the European Union, detention in “closed centres” (also called “repatriation centres” or
Migrants with Regard to Health Care Access
“detention centres”) is becoming a commonplace migration regulation tool. Several thousand
people in irregular situations are confined to these centres yearly. In Belgium, a group of
Despite funds granted by governments to irregular migrants, this population is faced with many
humanitarian associations and migrant-aid groups tried to take stock of the general situation.
difficulties. To demonstrate the precarious living conditions of migrants and the obstacles they
In their report,33 they insisted on the fact that detention takes its toll on the most vulnerable
encounter in accessing health care in Europe, the association Médecins du Monde (MdM)
categories of migrants such as “pregnant women, children and psychologically fragile
created a European Observatory on Access to Health Care30 and led a study in seven European
persons.” Suicide attempts are frequent. The report deplored the fact that decisions to place
countries. Results showed that the living conditions of the people interviewed were difficult:
people in detention are often made randomly, without taking into account their mental or
“40% consider their housing situation precarious, while 11% are homeless. All are either without
physical health state. The report also stresses that “patient dignity and autonomy are not always
income or living well below the poverty threshold.” The most frequently mentioned problems31
respected in a system which tends to treat detainees like children rather than give them a sense
concerning health care access were insufficient knowledge of rights, not knowing where to
of responsibility”. Access to health care and psychosocial support is often lacking because
go for treatment, treatment costs and administrative difficulties. In its 2007 report, the Platform
medical staff are overwhelmed. However it seems that efforts are being made in favour of
for International Cooperation on Undocumented Migrants (PICUM) noted the same difficulties
pregnant women, who are apparently released quickly after childbirth.
and called attention to inconsistencies in social services. The Platform also underlined the fear
of being exposed, reported to the police and deported. It is worth noting that undocumented
Access to mental-health care
migrants in France, Morocco and Jordan all share these fears.
Problems related to the mental health of foreigners living in precarious situations are often
unknown to the patients themselves, who see no correlation between physical symptoms
According to the MdM survey, 11% of interviewees said they had been refused professional
and psychological problems, while health care services in the host country underestimate the
health care during their most recent health problem.32 Few interviewees knew that children
needs of these populations. A survey conducted by MSF (Médecins sans Frontières) in Belgium34
were entitled to free vaccinations or where to go for them. As for HIV, few people knew they were
revealed that half of the migrants interviewed had been victims of violence in their country of
entitled to free HIV screening, and nearly two thirds were unaware that free HIV treatment was
origin or during their migratory journey, while three-quarters suffered from at least one mental
available. The survey also showed that “78% of the people interviewed should normally benefit
disorder.35 Social networks are limited and many suffer from self-exclusion. MSF caregivers say
from free health coverage in light of the legislation in their country of residence. Nevertheless,
that “for asylum seekers, the uncertainty and endless wait for an answer creates a state of
because of various difficulties (lack of information concerning health care access, refusal to
chronic anxiety that leaves them quite vulnerable. The feeling that they have not been heard,
complete paper work, applications still under administrative consideration), at the time of
believed or acknowledged can act as a secondary victimisation factor and tend to re-open
the survey, 69% of those theoretically entitled to universal health coverage do not in practice
underlying wounds.” Being looked upon as an “outlaw”, not being able to work legally, and
benefit from free health care”. In other words, only one-fourth of interviewees actually benefit
the fear of being arrested, imprisoned and deported often cause psychological distress and
from free health care.
suicidal thoughts. Furthermore, a precarious livelihood generates chronic anxiety, especially
when the migrant has a family to support. Note that this state of suffering – before it reaches the
chronic stage – can rapidly return to normal once the person’s status is regularised.
Inside the European Union, the specific obstacles for “migrants in a regular situation”, such as
Roma, Sinti and Travellers, seem to be communication and language-related barriers. For certain
women, being examined by a person of the opposite sex can be problematic. Moreover, many
are unaware that anti-discrimination legislation exists.
34 35
30 The first study carried out in 2005-2006 focused on 835 migrants in administratively precarious situations in 33 Aides aux personnes déplacées, Centre social de protection, Jesuit Refugee Service (JRS) Belgium, LDH
seven European Union countries: Belgium, Spain, France, Greece, Italy, Portugal and the United Kingdom. French-speaking Belgium, Mouvement Contre le Racisme, l’Antisemitisme, la Xenophobie (MRAX), Point
31 21% of interviewees consider their health to be poor or very poor. Only one third of those suffering d’appui, Service social de solidarité socialiste, Vluchtelingenwerk Vlaanderen, «Centres fermés pour
from chronic illness benefit from regular treatment; 47% of those having declared at least one health étrangers: état des lieux», October 2006.
problem have experienced delayed access to health care. 34 «Etat des besoins et de l’accès aux soins en santé mentale pour les migrants en séjour précaire», MSF-B,
32 These problems can be fractures, burns, personality disorders, chronic illnesses (insulin dependant March 2008.
diabetes – Type 1), or infectious pathologies (viral hepatitis, pneumonia). 35 Four criteria are used: somatisation, depression, anxiety and sleep.
C. Migration Policies and Access Circular migration
to the Labour Market for On 16 May 2007, the European Commission adopted a Communication on circular migration
and mobility partnerships between the European Union and third countries (COM/2007/0248).
Migrants and Refugees in Europe This Communication defines a migration “partnership” model with third countries. The proposed
immigration policy stems from the same utilitarian ideology which advocates the restoration of
temporary migration, renamed “circular migration”,39 to satisfy the manpower needs of Member
It is difficult to establish a European overview of policies in force concerning access to the States in economic sectors suffering from shortages. Pilot projects for “mobility partnerships”
labour market for third-country nationals, because each Member State has its own legislation. are proposed to third countries that are willing to collaborate with the European Union (such
However, legal instruments do exist, or are being adopted, at the European level. As we have as Senegal) on migration flows, on condition that readmission agreements are signed. The
seen, the Qualification Directive clearly establishes the obligation of Member States to grant possibility of encouraging migrant mobility by easing issuance procedures for short-stay visas for
labour market access to statutory refugees as well as to persons who benefit from subsidiary third-country nationals is being studied as well. Nonetheless, there is cause for concern over the
protection. Nonetheless, organisations assisting refugees, including the European Council type of social protection which is, or would be, offered to temporary migrants. For the most part,
on Refugees and Exile (ECRE), point out that national authorities and courts do not always such persons do not have steady employment in their own countries, live in difficult conditions
correctly apply the directive 36
and asylum seekers do not always obtain legal access to the in the host country, and only have access to health care “if the illness breaks out during the
labour market. To this day, there is no common policy regarding asylum in the European Union, working period”.40 K. ElMadmad41 is revolted by the fact that work visas are preferably issued
but the European Commission is pushing for standardisation in 2010. to women because they are certain to return home to their children, and asks if it is possible
to speak of “circular rights”. She also calls to attention the fact that “seasonal workers, men
As for “migrants”, they are directly concerned by the migration policy proposed by the French and women alike, risk losing fundamental rights such as the right to participate in the public
Presidency and the five commitments set out in the European Pact on Immigration and Asylum. affairs of either their country of origin or host country, and the right to live with their families in a
This Pact, which calls for a common European approach to security , asylum and professional
37 permanent fashion.”
immigration, was adopted in October 2008. As regards access to employment within the context
of “legal migration”, the Pact focuses on how to attract “highly skilled workers” via a European “Blue
Card” and quotas established according to Member State needs. Many human rights organisations,
including the AEDH, are campaigning against this Pact, which, according to them,“reinforces a purely
utilitarian vision of migration and makes repression the privileged mode of immigration regulation”.38
36 37
36 See: www.ecre.org/topics/asylum_in_EU/qualifying_for_protection.
37 The Pact aims at reinforcing cooperation between Member States in order to ensure the return of 39 According to the Commission’s definition, circular migration covers «any arrangement which makes
irregular foreigners and establishing readmission agreements, all the while reinforcing the efficiency it easier for migrants or former migrants to circulate, or travel back and forth, between the country of
of border controls (generalisation of biometric visas, improved coordination amongst border control origin and the (former) country of residence.»
police). 40 M. Kachani, «La migration circulaire: le cas du Maroc», CARIM 2008/07.
38 AEDH: European Association for the Defense of Human Rights, September 2008 – www.aedh.eu. 41 K. ElMadmad, «Migration circulaire et droit des migrants - Le cas du Maroc», CARIM, 2007/07.
European Blue Card C.1. D ifficulties E ncountered W hen T r y ing

On 23 October 2007, the European Commission adopted a directive setting out the conditions
to A ccess the L abour M arket
of entry and residence of third-country nationals who are eligible for highly-skilled jobs. The
directive proposes the introduction of a “Blue Card” in order to attract skilled foreigners to Europe
As we have seen, refugees and asylum seekers often face many difficulties when trying to
by guaranteeing them residence and work permits, a certain level of salary, social rights and
access the labour market. The rights of those who come to work in Europe within the context of
the right to family reunification. The European Blue Card would be valid for two-year renewable
circular migration are not always respected. However, the most vulnerable persons are migrants
periods. The project would allow “third-country nationals and their families to have access to the
in irregular situations and rejected asylum seekers. Forced to live clandestinely, these persons
labour market in the concerned sector and enjoy equal treatment with nationals, particularly
are often exploited and work in informal conditions or are taken into trafficking networks. The
as regards social welfare coverage, fiscal advantages, recognition of diplomas, education and
EU says that it wishes to make the fight against human trafficking a priority, but measures aimed
professional training.” The proposed income must be at least 1.5 times the average salary in the
at protecting and assisting victims of exploitation and trafficking remain inadequate. This is in
country of origin. Furthermore, in order to be accepted, candidates must prove that they have
part due to the predominant trend to focus on repressive security measures, as illustrated by
health insurance and, in the case of regulated professions, “documents proving that they meet
the Employers’ Sanctions Directive proposal which concerns persons who employ irregular
the profession’s legal requirements”.
migrants. Without questioning the need to fight human trafficking and the exploitation of
migrants, many organisations, including the AEDH,42 criticise this directive. In effect, the proposed
At the time this report was written, the legislative project was still under discussion. Certain States
text only sanctions the hiring of non-EU migrants in irregular situations. It seems to ignore illegal
have expressed reservations, such as Germany, which launched a “Green Card” project in 2000
employment of EU citizens, as well as illegal employment of migrants in regular situations.
in the hope of attracting 20,000 computer analysts from India. Few visas were requested and
Moreover, the proposal does not address the need to guarantee migrant workers’ rights or how
for various reasons the outcome of the experience was inconclusive. It should be specified that
to assist exploitation victims. In fact, the text falls within the logic of fighting irregular migration
applicants for temporary protection, who are still awaiting a decision on their status, are not
rather than protecting victims of human trafficking. Representatives of various political groups
included within the scope of application of the Blue Card project.
within the European Parliament share this assessment.43
Other laws relating to labour market access and/or migrant workers’ rights should be discussed
shortly at the European level. However it will not be possible to discuss them in detail within the
scope of this study.
38 39
42 AEDH, «Sanctionner ceux qui exploitent et non pas ceux qui sont exploités», 27/10/08 - Source: www.
aedh.eu/Sanctionner-ceux-qui-exploitent-et.html.
43 European Parliament, «Penalties for employers of illegal immigrants debated by MEPs», 16/07/08 - Source:
www.europarl.europa.eu/pdfs/news/expert/infopress/20080714IPR34091/20080714IPR34091_en.pdf.
According to the group United Against Throw-Away Immigration (UCIJ),46 the Pasqua Law of 24
August 1993 introduced “major restrictions regarding family reunification, the freedom to marry
(close watch is kept on so-called ‘mixed marriages’), and the right to health care”.47 Furthermore,
as we will later see, undocumented working foreigners find it increasingly difficult to register with
D. Case Study: France social security services. According to the French Committee for the Right to Asylum (CFDA),
the Debré Law of 24 April 1997 “followed the same repressive logic” for it authorised “taking
fingerprints of foreigners who file for residence permits, an increase in police powers, and the
Each year, millions of foreigners officially cross French borders. Most of them are tourists who 44 right to revoke residence permits or oppose their renewal”.48 The Chevènement Law of 11 May
come for short stays. French consulates and diplomatic services abroad handle applications 1998, enacted under the Jospin government, would restore “certain categories of foreigners
for entry visas to France for the foreign nationals who are subjected to this formality. These who are eligible for temporary residence permits but not permanent ones”. “In other words,
services make a distinction between short-stay visas, called “Schengen Visas”, and long-stay one must first have a precarious status before legitimately having access to a stable status.”49
visas for over three months. The Code for the Entry and Residence of Foreigners and the Right
of Asylum (CESEDA) defines foreigners as “persons who are not of French nationality, whether The Sarkozy Law of 26 November 2003 was also “characterised by its repressive nature and
they be of foreign nationality or have no nationality whatsoever”. According to the Statistical
45 general mistrust. This law instigated detention for up to 32 days (instead of 12), harsher sanctions
Observatory on Immigration and Integration of the French National Institute for Statistics and for breach of entry and stay regulations (helping irregular foreigners to remain in the country),
Economic Studies (INSEE), 4.9 million immigrants resided in metropolitan France in 2004, that is and the implementation of ‘host certificates’. This last measure was largely transposed from the
8.1% of the population. Africans and Asians comprised the largest number of them. Debré proposal which the government had been forced to back down on due to strong public
mobilisation.” Lastly, following Nicolas Sarkozy’s election as President of the French Republic,
D . 1 . N ational F ramework R egarding the 2006 Hortefeux Law would reinstate labour immigration, now designed to be selective. The
law reinforced measures to repress irregular migration, referred to as “inflicted” immigration (as
M igration and A s y lum
opposed to “managed immigration”). In practice, immigrants - even those in regular situations -
would be denied the right to family reunification, that is to say the right to live with their families.
Migration Framework
France has adopted a long series of laws related to controlling migration. The most
significant ones are: the “Pasqua Law” of 24 August 1993, the “Debré Law” of 24 April 1997,
the “Chevènement Law” of 11 May 1998, the “Sarkozy Law” of 26 November 2003, and most
recently, the “Hortefeux Law” adopted in 2006.
40 41
46 www.contreuneimmigrationjetable.org
44 Since 1994, foreign entries have been kept track of by the Ministry of the Interior. In 2008, approximately 47 «Immigration et Droit d’asile: le Contre Rapport», United Against Throw-Away Immigration, 2007, Paris.
80 million persons visited France. 48 Ibid.
45 Within the framework of this study, we will limit ourselves to foreigners and non-EU migrants. 49 Ibid.
Asylum Framework France: Breakdown of Asylum Requests by Continent: 2006

The Law of 10 December 2003 profoundly modified administrative procedures pertaining to
the right to asylum. According to the CFDA,50 “this reform marked the change from a rightful Number of requests
Continent
filed in 2006
%
procedure to a restrictive one”. This observation was corroborated by Alvaro Gil Roblès, the
51
Council of Europe Commissioner for Human Rights at the time. In his report dated 15 February Europe 9,976 38%
2006, 52
he would denounce “the strategies developed by France to dissuade foreigners from Asia 4,838 18%
filing for asylum via increasingly complex administrative red tape and legal procedures”.
Africa 9,010 34%
America 2,217 8%
In particular, the CFDA denounced the discretionary powers granted to preféctures (police
headquarters) by the 2003 Law which are gradually replacing the prerogatives of the French Stateless 228 1%
Office for the Protection of Refugees and Stateless (OFPRA).53 In effect, Article L.741-4 of the TOTAL 26,269 100%
CESEDA authorises preféctures to refuse entry to asylum seekers by processing their applications
Source: Ofpra, March 2007
under what is known as a “priority procedure” in the following cases: should the request be
considered fraudulent or dilatory; should the asylum seeker be in a detention centre; or should
In 2007, there were 23,804 new requests, or 9.4% less than in 2006. Nonetheless, the proportion of
the request concern nationals of countries regarded as “safe” or which fall under the Cessation
persons granted refugee status increased, as one asylum seeker in three received some form
Clauses of the Geneva Convention.
of protection.
Yet the priority procedure does not enable requests to be properly examined. Asylum seekers
Until 2007, France was the leading host country in Europe for asylum seekers. This position has
do not have access to social services and their applications are processed by the OFPRA in an
been overtaken by Sweden, mainly due to the arrival of Iraqi immigrants.
expedited 15-day timeframe (96 hours for persons in detention). This measure prevents in-depth
examination, while only one-fourth of all applicants are granted interviews.54 Moreover, appeals
to OFPRA decisions have no suspensive effect, meaning that the person may be deported
D. 2 . I nternational F ramework R egarding
immediately. Preféctures tend to apply this procedure disproportionately for requests filed the P rotection of E conomic and
several days or weeks after the person’s arrival in France, as well as for most reviewed requests. S ocial R ights of M igrants and R efugees
In its report dated 29 June 2006, the French National Advisory Commission on Human Rights As regards migration, the Universal Declaration of Human Rights stipulates in Article 13.1 that
(CNCDH) asserted that “the confusion which has persisted for years between asylum and “everyone has the right to freedom of movement and residence within the borders of each
immigration, along with the prevalence of security over the duty to protect refugees, is state” and in Article 13.2 that “everyone has the right to leave any country, including his own,
detrimental to the exercise of the right of asylum for it provokes a general climate of mistrust as and to return to his country”. However, the implementation of conditions relative to migrant
regards asylum seekers.”55 In France, the number of requests for asylum has been steadily on the status remains strictly up to each State.
decline since 200456; in 2006, the OFPRA recorded 34,853 applications (26,269 first requests and
8,584 reviews), representing a 38.3% decrease in comparison to 2005. France has signed and ratified the majority of international human rights conventions, but, like
the other European Union Member States, it has not ratified the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). For GISTI, an
association providing information and support to immigrants, one of the fundamental obstacles
to the ratification of this convention is the question of family reunification. In effect, as stipulated
in Article 44, States Parties must take appropriate measures to guarantee the protection of
the unity of the migrant workers’ families, and facilitate family reunification. However, France’s
50 The CFDA comprises the following associations: ACAT – ACT UP Paris – Amnesty International (French
current immigration policy is more aimed at limiting family immigration in favour of qualified
Section) – APSR – ELENA France: Lawyers’ Association – CAEIR – CASP – CIMADE – COMEDE – FASTI
– Forum Réfugiés – FTDA – GAS – GISTI – LDH – MRAP – PRIMO LEVI Association – Secours Catholique – migration. Generally speaking, various ministers have explained to association representatives
SNPM – SSAE.
42 that the Convention grants “too many rights” to migrants, particularly those in irregular situations. 43
51 «Immigration et Droit d’asile: le Contre Rapport», United Against Throw-Away Immigration, 2007, Paris.
52 Report by Mr Alvaro Gil-Roblès, Commissioner for Human Rights, on the Effective Respect of Human
Rights in France, following his visit from 5 to 21 September 2005.
54 Ibid.
56 Forum Réfugiés, Annual Report, 2007.
D.3. Access to the Labour Market for Migrants appointments because such positions fall under the civil service sector. The Law of 1995 on the
health care system reform, and the Law of 1999 on Universal Medical Coverage (CMU) gave
In France, migrants’ access to the labour market is strongly linked to the conditions of their stay foreign doctors without French qualifications the possibility of working on a contractual basis
on French soil. (practicien adjoint contractuel). This status requires foreign medical practitioners to take an
exam after practicing in France for three years and present medical diplomas from their country
N on - D is c rimination R egarding A c c ess to E m p l o y ment of origin indicating their specialty. According to the 2008 French Medical Association News
f or Foreigners Bulletin, 8,431 foreign doctors practice in France, half of whom are European Union nationals.
The vast majority of the others are from North African countries.61
The preamble to the French Constitution of 1946 stipulates that “each person has the duty to
work and the right to employment” and that “no person may suffer prejudice in his work or T he Labour M arket and R esiden c e Conditions
employment by virtue of his origins”. This principle of non-discrimination on the basis of origin
in employment, also covered by the Universal Declaration of Human Rights of 1948 in Article Above and beyond professions which require French nationality, access to the labour market
23 on the right to work, and by ILO Convention No. 97 of 1949, is part of the French “block of for foreigners is subject to work authorisation (Article 341 of French Labour Code). Such
constitutionality”57 (the utmost prominent standards in French Law). The application of the non- authorisation is applied for at the préfecture.
discrimination principle regarding access to employment for foreigners is provided for in the
French Labour Code. This code makes no distinction between French nationals and foreigners As stipulated in the Labour Code, foreigners in a regular situation who exercise a professional
as regards hiring, redundancy and pay. The refusal to hire someone on grounds of his/her origin activity without work authorisation risk having their residence permits (“titre de séjour”) revoked,
or nationality is punishable by penal sanctions. Concerning the right to join unions, foreign for this is a penal offence. Likewise, employers who hire foreigners without work authorisation risk
employees were granted the same rights as French nationals starting in the 1970s, at which a fine (15,000 euros) and up to 5 years imprisonment.
point they were entitled to vote and run for union elections. As of the 1980s, foreigners could join
boards and hold directorships in the private sector. Refugees who benefit from asylum rights under the terms of the Geneva Convention are
granted statutory refugee residence permits and do not require special work authorisation. On
Nonetheless, today still, a certain number of professions remain off limits for foreigners, as their the other hand, in the timeframe during which asylum requests are being examined, asylum
exercise requires French nationality.58 These primarily concern civil service posts, whether they seekers receive temporary residence permits which do not allow them to exercise a professional
be territorial (city, département, region) or hospital posts. Certain public service and national activity. The granting of work permits is linked to residency conditions, as established by the
enterprises, such as the EDF/GDF (French Electricity and Gas Board), the SNCF (French National Code for the Entry and Stay of Foreigners, Refugees and Stateless Persons (CESEDA).
Railway Company), and French Atomic Energy Commission still demand French nationality as a
hiring condition. Moreover, a number of independent and liberal professions remain inaccessible Regular residence in France
to foreigners; these range from the legal and health care sectors, to accounting and finance, According to Article 341 of the Labour Code, foreigners must reside in France on a regular
transport, town planning, public relations, tobacco dealers and liquor store managers, casino basis in order to satisfy work authorisation conditions. Thus, the right to work is strictly dependent
personnel, and funeral home employees.59 The requirement for members of liberal professions to upon the conditions of one’s stay on French soil. According to the code on the entry and
be French nationals can be nuanced within the framework of bilateral reciprocity agreements residence of foreigners, only foreigners who have residence permits or “family and private life
(regarding French nationals abroad). permits” (issued within the context of family reunification) are exempt from applying for work
authorisation.62
In the health care sector, the requirement of French nationality is accompanied by the
requirement of French diplomas (or EU equivalencies), for France does not recognise non-EU Nonetheless, residence permits are only delivered after living on French soil for five years and
diplomas. Since foreign doctors are not allowed to practice medicine in the private sector,60 their are based upon the applicant’s resources. Such resources “must be at least equal to the
only option is to accept contractual posts in hospitals where they will never be given permanent French index-linked minimum wage (1,037 euros net per month) and are examined in relation
to housing conditions; the sufficient character of resources in relation to housing conditions is
subject to examination by the local City Hall” (Article L-314 of CEDESA – EMHRN translation).
57 The French «block of constitutionality» includes the Constitution of the Fifth Republic, the Preamble to
44 45
the Constitution of the Fourth Republic, the 1948 Universal Declaration of Human Rights, the Geneva
Convention, the basic principles recognised by the laws of the Republic, and the 1967 International
Covenants.
58 A. Math, A. Spire, «Des emplois réservés aux nationaux? Dispositions légales et discriminations dans
l’accès à l’emploi», Informations Sociales n°78, 2001.
59 A. Math, A. Spire, «Sept millions d’emplois interdits», Plein Droit n° 41/42, April 1999. 61 www.bulletin.conseil-national.medecin.fr.
60 C. Wolmark, «Médecins étrangers: un pas vers l’égalité», Plein Droit, April 2001. 62 GISTI, «Le Guide de l’entrée et du séjour des étrangers en France», Paris, La Découverte, 2008.
In other words, according to Article 313 of the CEDESA, the issuance of all temporary residence The selection of migrants according to their economic utility is guaranteed by means of quotas.
permits is strictly related to the exercise of a professional activity. Amongst these permits, we find Articles 36 and 34 of the Law of 2007, and Article L-313 of the CEDESA provide for the issuance
a “scientific” card for researchers and teachers, and an “artistic and cultural” card, both issued of temporary residence permits for professional reasons according to specific geographical
for precise activities and limited periods of time. In addition, the Law of 24 July 2006 introduced zones and lists of targeted professions in sectors suffering from manpower shortages. Selective
a “skills and talents” card, created with the aim of attracting qualified manpower. This card 63
immigration primarily concerns what are known as “hard-to-recruit” professions, generally
is issued for a three-year period to foreign nationals “whose skills and talents could make a speaking qualified or highly-qualified positions in construction, computing, and electronics.
significant and lasting contribution to the economic development or the intellectual, cultural, Nonetheless, authorised professions vary from one geographical zone to another. Even if a
humanitarian or sporting influence of France worldwide, or to the economic development of foreigner has a definite job offer, authorisation can be refused if French authorities deem there
the person’s country of nationality”. The decree specifying how the law should be enforced is an imbalance between supply and demand.
mentions the highly-skilled nature of the work this card encompasses. 64
Lastly, within the framework of bilateral agreements, the notion of “hard-to-recruit” professions
In most cases, work authorisation can only be requested after receiving a temporary residence differs according to nationality. Algerians, for example, do not need to apply for work
permit which mentions one of the following categories: “temporary worker”,“seasonal worker”
65
authorisation (“permis de travail”). Benin nationals have access to a list of 16 professions, while
or “employee on assignment”. For employees, the contract is necessarily a fixed-term contract Senegalese nationals have access to a list of 108 professions (regardless of the fact that the
(CDD) for one year maximum, which is the period of validity of the temporary residence permit. number of work permits is limited to one thousand per year). Even if authorisation is granted,
To renew this permit, the foreigner must present proof of a new work contract. As for independent the foreign worker’s situation remains precarious because the permit is limited in time, and
professions (shopkeepers and craftsmen), authorisation is necessary as well. In this case, the renewal will depend upon the state of the local labour market at the time of renewal. Thus,
person must be able to prove an economically viable activity which generates resources equal work authorisation is primarily issued within the framework of renewable temporary residence
to or greater than the index-linked minimum wage. permits.68 These measures have made it increasingly difficult to work in France. Likewise, it has
become close to impossible for foreigners in irregular situations to regularise their situations for
Criteria for the issuance of a work permit professional reasons. And in all cases, the Préfet has total liberty to grant work permits or not.
According to Article L-213 of the CEDESA, the issuance of temporary residence permits for According to the French League of Human Rights (LDH), handling applications on a “case-by-
foreigners depends upon the “threat” they might represent for public order. Furthermore, case” basis – like the variations in jurisprudence observed from one préfecture to another – only
according to Article 10 of Law 1631, dated 20 November 2007, a foreigner’s “capacity to fuels the arbitrary attitude displayed by public authorities.
integrate French society” has become a decisive factor. This notion encompasses mastery
of the French language and respect of the values of the French Republic, notably equality Evolution of the number of temporary work permits
between men and women. Polygamy is strictly considered an unfavourable criterion. The Law
of 2007 also introduces a “reception and integration contract” which foreigners must conclude 1999 2000 2001 2002 2003 2004 2005 2006
Number 5,791 7,502 9,628 9,822 10,138 10,138 10,341 10,754
in order to ensure their capacity to integrate French society.
Growth Rate 35% 29% 28% 2% 3% 3% 2% 4%
Migration policies have always been largely economically oriented, the primary goal being
to attract migrants who are potentially useful to the correct functioning of the work market.66 Source: Statistical Observatory on Immigration and Integration (INSEE)
Popular during the “Glorious Thirties”,67 the principle of professional immigration is back again
as illustrated by the economic immigration advocated by France. After a long period of “zero
immigration” the concept of “selective immigration” has been born.
63 Hommes et Migrations, Cité Nationale de l’histoire de l’immigration. N° 1263, 2007, «Immigration et

46 47
marché du travail».
64 Ibid.
65 GISTI, «Le Guide de l’entrée et du séjour des étrangers en France», Paris, La Découverte, 2008.
66 P. Weil, «La France et ses étrangers: l’aventure d’une politique de l’immigration de 1938 à nos jours», Paris,
Gallimard, 1995.
67 Name given to the thirty years of strong economic growth in France and Western Europe after the 68 D. Lochak, C. Fouteau, «Immigrés sous contrôle. Les droits des étrangers: un état des lieux», Le cavalier
Second World War which spanned from 1945 to 1973. bleu, «Libertés plurielles» Collection, 2008.
D i f f i c u l ties E n c ountered b y Persons in I rregu l ar Nonetheless, the Law of 1999 concerning health care entitled foreigners who had never worked
S ituations in France to Universal Medical Coverage (CMU) if they could prove stable and regular residence.
Thus, health care is free of charge for persons in a regular situation whose monthly resources
Since work authorisation is dependent on a residence permit, persons in irregular situations do do not exceed 644 euros, regardless of the number of family members, and is extendable to
not have the right to work. In France, the government estimates that between 200,000 and immediate family. Should resources exceed this amount, access to health services requires
400,000 persons are in this situation. Most hold informal jobs. According to D. Lochak, if you partial payment. Access to CMU is reviewed annually and applicants must be able to justify
compare the total number of violations related to hiring foreigners without residence permits to stable and regular presence in France, which once again - like for access to employment -
the total number of declared migrant workers, the ratio is one to ten. Such breaches primarily is dependent on a residence permit. Statutory refugees, persons who benefit from subsidiary
concern undeclared or under-declared employment (minimisation of effective number of hours protection status and asylum seekers have access to CMU because they are considered in a
worked), and the non payment of social security contributions. In effect, certain employers who regular situation and have written notification to appear at a préfecture on a given date.
hire workers in irregular situations provide no payslips and do not pay social security contributions.
This practice contravenes the French Labour Code, for it drives down the cost of the workforce Foreigners in I rregu l ar S ituations
and takes advantage of workers’ vulnerability by menacing them with redundancy.
As of its creation, CMU automatically excluded undocumented foreigners because access
Nonetheless, many employers are often unaware of the administrative situation of their to this coverage was conditioned by stable and regular residence. In 2000, State Medical Aid
employees, who, even though they are in irregular situations, fill out income tax forms and pay (AME) was created to compensate for this failing. Article L 111-2 3° of the French Social Action
taxes and contributions. A movement of “undocumented migrants” was born several years and Family Code would introduce medical coverage for foreigners residing in France who did
ago in France when persons in this situation demanded the regularisation of their stays in not qualify as regular residents, who were not in the process of administrative regularisation,
order to obtain some form of social protection. Since 2007 and the new immigration law, we and whose resources were less than 587 €. Nonetheless, it is necessary to prove stable residence
have observed an increase in strikes led by trade unions (principally the CGT) in companies in France (more than 3 months) via proof of address. Patients who cannot furnish proof of an
which hire undocumented migrants to work in conditions that go against the Labour Code. 69 address (rent receipt, electricity bill, etc.) must provide an administrative address.
The Mariani Amendment to this law introduced a new measure which theoretically enables
employers to request regularisation for undocumented workers at the préfecture. However, this AME covers all patient contributions (ticket modérateur71) and hospital deductibles. Patients
measure is strictly correlated to the notion of “hard-to-recruit” professions. Moreover, the decree are exempted from any advance payment.
implementing this law specifies that such requests will be handled by the préfecture on a “case-
by-case” basis. AME 2000 2001 2002 2003 2004
Beneficiaries 73,300 125,400 153,600 170,000 -

D.4. Access to Health Care for Migrants in France Initial Budget (M€) 75 53 61 233 233
Final Cost (M€) NS 410 506 579 -

Foreigners in R egu l ar S ituations
Source: Minutes from National Assembly and Senate debates
In France, the health care section of the social security system includes illness, maternity,
disability and decease. Coverage is available for both nationals and foreigners who reside on
Persons with no health coverage whatsoever are only treated if «the absence of treatment
a stable and regular basis in France, including statutory refugees and persons who benefit from
would endanger the patient’s vital prognosis or lead to a grave and lasting deterioration in
subsidiary protection. The notion of “stable and regular residence” was initially linked to work
the health state of the person or an unborn child”. The Immigration Law of 1998 established a
insofar as health care coverage was ensured through automatically deducted contributions
specific protective measure concerning foreigners who fall ill. The right to a family and private
from work income. Thus, from the moment they worked or had worked for a determined period
life permit (which provides access to both employment and social coverage) is recognised for
of time, foreigners benefited from this compulsory scheme. However, as a result of the medical
foreigners suffering from a serious pathology that requires medical treatment unavailable in
care reform in 1993, foreigners may no longer be affiliated to the social security system or
their own country. As a consequence of this right, it is forbidden to escort back to the border or
receive social aid if they are not in possession of a residence permit.70
48 deport any foreigner in this situation. 49
69 This situation often concerns the food service sector.

70 Coméde (Medical Committee for Exiled Persons), www.comede.org.
Migrations et santé, A. Veïsse, E. Aïna-Stanojevich, “Traité de santé Publique”, Flammarion Médecine- 71 The ticket modérateur is the patient’s contribution after social security reimbursements. In the case of
Sciences, 2007. AME, all expenses are covered, with the exception of dental prostheses and eyeglasses.
D i f f i c u l t y o f H ea l th Care A c c ess f or Foreigners in Three-fourths of all patients who went to Médecins du Monde centres (CASO) in France
I rregu l ar S ituations had been asked for proof of address in other health facilities, but were unable to furnish it.
The obligation to provide an address, laid out by the Law of 2005, is accompanied by the
According to surveys carried out in 2006 by MdM 72
and Comède amongst foreign patients necessity of a favourable opinion on behalf of public authorities further to a social investigation,
(asylum seekers or persons in irregular situations) who consulted a doctor, the most frequently
73 which only lengthens the entire process. This also concerns asylum seekers who, in addition, are
mentioned problem was a lack of information concerning the right of foreigners to benefit from dependent on specific asylum administrative procedures and reviews. Lastly, the necessity of
medical coverage. In effect, a theoretical right to health care does not necessarily mean that justifying stable presence in the country via an address penalises foreigners who are passing
the persons concerned know about this right, or are able to assert it in practice. The surveys through. According to MdM and Comède, approximately 12% of foreigners who pass through
carried out in France amongst foreign patients revealed that only 45% of persons who had the France are without health coverage. Some reside in France on a stable basis but must often
right to medical coverage were aware of this right. Refugees and asylum seekers are usually return to their own country, particularly in the case of circular migration. And yet, only the last
better informed than other foreigners due to the large number of associations which provide date of entry into France is taken into account when applying for CMU or AME. Whether due to
assistance to them. Thus, three-fourths of the asylum seekers who went to Médecins du Monde a lack of information, no reply after completing paper work, or applications still under study, at
clinics for consultations had been directed there by another association (as opposed to 20% of the time of the survey, 69.4% of those theoretically entitled to universal health coverage did not
other foreigners). in practice benefit from free health care. In other words, according to Médecins du Monde, less
than one-third of those eligible have effective access to health care.
Complex administrative procedures are an obstacle. The MdM survey carried out in France
illustrated that, at the time of the survey, 20% of the persons who had started administrative The limits of the right to stay for medical reasons: the role of the préfet
paperwork to obtain health coverage were still not in possession of a document enabling them According to the French Observatory for Foreigners’ Right to Health (ODSE), the Law of 1998 has
to access free care. undergone various changes since 2002 due to decrees and circulars, and the new Laws of 2003
and 2006 concerning foreigners’ stays in France. The conditions for obtaining residency permits
This situation is related to several factors, notably the complexity of administrative red tape. for medical reasons have become much stricter. Such requests are now entrusted to Préfets,
Comède identified various administrative obstacles: who deal with them on a case-by-case basis. Furthermore, medical examinations to assess the
• Requests are usually filed in person at local Social Security centres; however certain danger for a patient to return to his/her country have become increasingly extensive.
centres send applicants to Social Action Community Centres (CCAS), which are usually
located at city halls, or, in Paris, at social security counters in public hospitals (AP-HP). In addition, accessibility to treatment in the country of origin is now also evaluated by the
• The possibility of proving resources and/or an address solely through sworn statements is Préfet, who principally takes into account “availability” of the treatment in that country and
increasingly difficult. Should this situation arise, it is necessary to recall the existence of the not “accessibility” (geographical, social and/or economic). The Observatory considers that
declaratory principle and the laws establishing that this principle is still in force. the discretionary power of the Préfet to deliver residence permits comprises a major threat to
• Certain centres demand proof of the resources of the person housing the foreigner. This health care access for severely ill persons in irregular situations.
is illegal if the person is not an immediate family member of the applicant.
The precarious living situation of irregular foreigners, in particular as regards housing and
income, rarely enables them to meet all the conditions necessary to file a request. By virtue
of two decrees dated 29 July 2005, the existence of AME has made access to health care
coverage even more difficult for this population because it demands at least three months’
presence on French soil. The necessity of having an administrative address is a major hindrance,
since foreigners in irregular situations have difficulty in furnishing proof or are reticent to do so for
fear of being deported. According to the circular dated 21 February 2006, migrants in irregular
situations can be arrested by the police at hospitals, préfectures or in their homes.74
50 51
72 Médecins du Monde, Observatory on Access to Health Care in France and Europe (Averroès network),
2006.
73 MdM has 21 Centres for Care and Orientation (CASO) in the main cities of France. These centres receive
numerous patients every year.
74 Following the 2007 French presidential elections, the creation of a Ministry of Immigration and National
Identity strengthened the administrative workings of the State in various realms, in particular concerning
the fight against clandestine immigration.
D.5. Recommendations
International Instruments
Ratify the United Nations International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families of 1990 together with all European Union Member States.
Access to employment and protection of workers

- Relax access to professions which are still off-limits to foreigners.
- Restore the ten-year card for foreign residents.
- Fight against all forms of discrimination.
- Facilitate regularisation of undocumented persons who exercise a professional activity.
- Respect the right to family reunification.
Access to health care

- Abolish “proof of address” as a condition for access to the right to medical coverage
(CMU and AME).
- Facilitate the right of foreigners to stay in the country for medical reasons based on
accessibility of treatment in their country of origin and not only availability.
Concerning persons in detention and closed centres

• Refrain from criminalising irregular immigration and limit the practice and duration of
administrative detention to the bare minimum.
• Take into account the medical and/or psychological history of persons in irregular
situations before placing them in detention.
• Abolish detention of particularly “vulnerable” categories of persons such as minors
and families with children, victims of inhuman or degrading treatment, those who have
suffered traumatic experiences during their exile journey, pregnant women and women
with infants.
• Inform patients of their right to consult their medical files so that these be respected.
Authorise detainees to transfer their medical files to their lawyer.
52 53
I I I . C ooperation within
the F ramework of the
E uro - M editerranean
Partnership
Migration and the Access to Economic and

Social Rights FOR Migrants and Refugees
Within the framework of the Euro-Mediterranean Partnership, which was ratified by the Barcelona
Declaration in 1995, the European Union intensified relations with southern Mediterranean and
Middle Eastern countries. The partnership has multiple objectives, such as: the progressive
integration of the concerned countries into the internal market of the European Union; relaxing
the circulation of persons; and the implementation of a free trade zone between now and
2010. Progress is to be achieved through cooperation in three areas: the political sector; the
economic/financial sector; and the cultural/social sector. In 2005, a fourth key sector was
added: migration. Spurred on by the French Presidency, the Barcelona Process became the
“Barcelona Process: Union for the Mediterranean”, and in November 2008, the “Union for the
Mediterranean” (UPM). Headquarters in Barcelona were set up in order to reinvigorate the Euro-
Med partnership via large-scale projects (fighting against pollution in the Mediterranean, etc.)
and by improving cooperation and dialogue between the two shores.
A. The Barcelona Process

Despite some progress,the Process has been widely criticised.Moroccan researcher Belguendouz75 In addition, the Association Agreements all contain chapters on cooperation in the social/
denounces “a Euro-centred, asymmetrical and inegalitarian partnership” imposed by an anxiety- cultural sector. In most cases, these chapters recommend setting up working groups (or similar
ridden European Union that is trying to protect itself against the threat of invasion; its fears fuelled structures) focused on migration and social affairs. It is within the framework of these groups
by the high population growth in Southern countries and the aggravation of economic disparities that migration cooperation policies are discussed. However, their meetings are opaque and
in Mediterranean and African countries. It is nonetheless important to note that, despite its the agendas confidential. In this context, it is difficult for civil society organisations to follow-
failings, the Barcelona Process includes the respect of human rights and democratic values as up on them or exercise any influence. Though the issue of migrants’ rights could be raised in
an essential condition for cooperation between the various parties. Article 2 of the Association these meetings, discussions with European Commission representatives seem to indicate that
Agreements signed between the European Union and the Mediterranean countries all contain a this topic is not systematically dealt with. The priority, particularly as regards the North African
“Human Rights” clause. Thus the process laid a political and legal foundation to deal with human region, remains measures related to controlling migratory flows, rather than protecting rights.
rights issues, including the rights of migrants and refugees, within the framework of the partnership.
Indeed, the implementation of these clauses suffers from a flagrant lack of political determination,
56 but it is no less true that they have enabled a certain degree of dialogue and given legitimacy to 57
civil society actions carried out within the partnership framework.
75 A.Bengueldouz, «Union Européenne – Maroc – Afrique migrante: Politique européenne de voisinage –

barrage aux sudistes», Beni Snassen, 2005.
III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

Migration and the Access to Economic and Social Rights FOR Migrants and Refugees
A.1. Regional Cooperation on Migration
The first Euromed Ministerial Conference on Migration would only be held in November 2007
(Algarve). The conference focused on three areas: “legal” migration (delivery of visas, positive
impact of migration, and labour migration), the fight against “illegal” migration (cooperation
possibilities, the role of Frontex, and readmission), and lastly, the relation between migration and
development (the fight against brain drain and facilitating financial transfers to countries of
origin).
Unfortunately, the protection of migrants’ rights was not one of the priorities at this conference,
despite two paragraphs in the preamble which refer to the protection of “migrant women’s
human rights” and “the fight against discrimination, racism and xenophobia regarding migrants
and their families”. Civil society groups were prevented from participating in the conference and
no clear reference was made either in the conclusions, or in the operational measures, to the
protection of migrant women, in particular as regards physical violence. No reference is made
to the protection of migrant workers, or to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, which, as mentioned earlier, none
of the European Union Member States have ratified. No concrete measures were determined
in relation to the protection of migrants’ human rights in the region. Lastly, the issue of refugees’
and asylum seekers’ rights was excluded from the meeting’s agenda and conclusions.
On 4 February 2008, the European Commission initiated the “Euromed Migration II” project,
whose goal is to implement part of the operational conclusions determined at the Algarve
ministerial conference. The aim is to “strengthen the Euro-Mediterranean cooperation in the
management of migration (…) That includes: setting up mechanisms to promote opportunities
for legal migration, support for measures to promote the linkage between migration and
development and the stepping up of activities to stamp out people trafficking and illegal
immigration, and to manage mixed flows”.76 Four working groups were set up, all composed
of officials from the Euro-Mediterranean ministerial bodies which took part in the conference.
The groups cover the following themes: Legislative Convergence (institutional framework and
migration legislation reforms); Labour Migration; Strategies to Combat Illegal Immigration;
and Remittances by Migrants to their Countries of Origin. Altogether, 42 training sessions are
to be organised, as well as 10 a number of study visits to European countries for officials from
the partner administrations. Unfortunately, migrants’ rights are not amongst the themes dealt
with. The question of combating violence against female migrants is not considered a priority
issue either. Nonetheless, within the project framework, a study on women and migration is
anticipated. It is important that these issues be raised in the seminars, and that the training
sessions substantially cover the question of protecting both male and female migrants’ human
rights.
58 59
76 Source: www.euromed-migration.eu/e933/index_fre.html.

B . E uropean N eighbourhood C . F inancial I nstruments and

P olic y ( E N P ) C ivil S ociet y
The European Neighbourhood Policy was adopted by the European Commission in 2004. Two instruments have been developed to help civil society organisations that are active in the
Though it covers a vaster geographical region, the ENP shares the same general objectives as field of migrants’ and refugees’ human rights. The first is the Thematic Cooperation Programme
the Barcelona Process. The policy is to be implemented through Action Plans developed with with Third Countries in the Development Aspects of Migration and Asylum. This programme
the majority of the States in the Mediterranean region. These Action Plans constitute a political
77
replaces the Aeneas Programme78 and finances numerous projects in the Euro-Med region.
framework for cooperation between the EU and its Mediterranean partners. Nevertheless, it is important to emphasise that in its last call for proposals, which took place at
the end of 2007,79 the European Commission did not deem necessary to include the protection
Migration and/or asylum-related issues are raised in certain chapters of the Action Plans. of migrants amongst its priorities for the Middle Eastern region and Gulf States (Lot 3). Instead,
Some plans also contain chapters on the respect of international labour standards and the the two main priorities concerned the protection of refugees and the combat against human
improvement of health care systems. In the last two cases, the measures laid out are very trafficking. Considering the situation of migrants in these two regions, notably foreign workers,
general; while not aimed at migrants and refuges in particular, they are not excluded either. one could question the validity of this choice.
Thus, even though the protection of migrants’ human rights is not necessarily considered a
neighbourhood policy priority, the framework is wide enough to integrate this issue should there The second instrument is the European Instrument for Democracy and Human Rights (EIDHR),
be a political desire to do so. which came into effect in January 2007. The budget allocated for this instrument to finance
projects aimed at promoting and supporting democracy and human rights within civil society
The ENP also led to the creation of specific human rights sub-committees (or the equivalent is 1.104 billion € (period from 2007-2013).
thereof). As in the case of the Migration and Social Affairs working groups, these sub-committees Though the primary mission of this instrument is not to finance projects related to migrants and
could provide a framework to discuss migrants’ and refugees’ rights. Nonetheless, after speaking refugees per se, the published call for proposals enables organisations that so desire to propose
to various European Commission representatives, it appears that questions related to migrants’ projects relevant to migrant and refugee protection (protection of minorities, fight against
and refugees’ rights are only rarely raised by the Human Rights sub-committee. According to racism and xenophobia, combat against violence towards women, etc.). Moreover, interviews
these persons, such questions fall within the scope of the Migration and Social Affairs working with EuropeAid officials revealed that the sponsors are in favour of financing projects related
group. Yet discussions within the framework of this group primarily focus on migratory flow to the protection of migrants’ rights, should such projects be submitted. Other possibilities of
60 management rather than on the protection of migrants’ human rights. financing projects exist via other instruments. However, within the context of this study it was not 61
possible to elaborate a comprehensive list.
78 The total available budget for the 2007-2008 call for proposals is approximately 59 million euros. Project
77 Please note that certain member countries of the Barcelona Process, such as Algeria, are not yet official financing ranges from 50,000 to 2 million euros.
neighbourhood policy partners for they have not yet negotiated Action Plans. 79 EuropeAid/126364/C/ACT/Multi.

D . C ase S tud y : J ordan I nternationa l Lega l Framework
International conventions ratified by Jordan

Although it does not have direct access to the Mediterranean coast, the Hashemite Kingdom National judicial precedents have emphasised the importance of ratifying international
of Jordan belongs to the Euro-Med region, just like Syria and Israel and the occupied Palestinian conventions according to Article 33/2 of the Constitution,83 lest they have no legal value at the
territories, with which it shares its northern and western borders, respectively. Jordan also shares national level.84 Judicial precedents have also assigned more importance to ratified conventions
borders with Iraq to the north-east, and with Saudi Arabia to the east and south. Unlike other than to national laws.85 Jordan ratified the two international Covenants in 1966, as well as the
countries in the region, however, Jordan has no oil and cannot rely on natural resources. In UN Convention against Torture, the Convention on the Rights of the Child, and the International
October 2004, Jordan had a population of 5,100,981: Jordanian citizens made up 93% of the Convention on the Elimination of All Forms of Racial Discrimination. Other conventions were
population (4,750,463), while non-Jordanians made up 7%.80 The country hosts a large number signed by the government, but have not been ratified. Jordan has also signed 28 of the ILO
of migrant workers, as well as numerous Iraqi “refugees” who have fled the violence in their conventions, but only 14 have been ratified.86 Until today, Jordan has not yet signed several
country since 2003. important conventions, such as the Convention (N° 87) concerning Freedom of Association
and Protection of the Right to Organise, the Convention (N°154) concerning the Promotion of
D.1. Migrant Workers Collective Bargaining, the Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families, the Convention (No. 100) concerning Equal Remuneration, the
D.1.a. Legal Framework for Migrant Workers Convention on Slavery, Servitude, Forced Labour and Similar Institutions and Practices, and the
Convention on Home Work.
The term “migrant worker” does not appear in Jordanian legislation, but terms such as “foreign
worker”,“guest worker” or “non-Jordanian worker” are commonly used, and any non-Jordanian
residing in Jordan for a limited period of time in order to take up employment is considered
a “migrant worker”. According to the Ministry of Labour (MoL),81 there were 313, 926 migrant
workers82 residing in Jordan by the end of 2007.
83 Article 33/2 of the constitution differentiated between two types of conventions. The first type involves
financial commitments to the treasury or affects the public or private rights of Jordanians and shall not
62 63
be valid unless approved by the Parliament. The second type does not involve financial commitments
or affect the public or private rights of Jordanians, does not need the approval of the Parliament and
comes into force at the national level by publication in the Official Gazette.
80 Jordanian National Census October 2004. 84 Jordanian Supreme Court of Justice, Case No. 27/1955, Court of Cassation, Case No. 74/1999, 278/1997,
81 Ministry of Labour, Annual Report 2007, p. 28. 1429/2003.
82 The majority of the migrants are Egyptians (71%) and 16% of the total number are women. 56.8% live in 85 For example, Court of Cassation, Case No. 599/1999, and Court of Cassation, Case No. 3965/2003.
the capital Amman, 9.9% in Irbid, 8.3% in Zarqa, 7.6% in Balqa, and 17.4% in other provinces. 86 For the full list of these conventions see: http://www.mol.gov.jo/Default.aspx?tabid=235.

However, a member of the MoL stated that “the government is currently seriously considering The Residence and Foreign Affairs (RFA) law (No. 24/1974) emphasises in Article 16 that “migrants
ratifying these conventions, since there has been a recommendation from the ILO in this shall not be employed unless they have a permit to reside in the Kingdom”. This requirement does
regard.” Finally, it should be noted that Jordan signed the UN Convention against Transnational not apply to experts called to Jordan for a practical or technical purpose, provided that their
Organised Crime and the additional Palermo Protocol to Prevent, Suppress and Punish period of engagement does not exceed three months. Article 19 gives the Minister of Interior the
Trafficking in Persons, especially Women and Children, on 14 March 2007. According to the MoL right to cancel a residence permit already granted to a migrant and to order him/her to leave
the ratifying process is under way. the Kingdom without providing any reason.91 The fee for a residence permit is JD 30.
N ationa l Lega l Framework Migrants and access to health care

Jordan does not provide free health care, except for Jordanian children under the age of
Migrants and access to work six.92 All foreigners in Jordan, regardless of their legal status, have access to Jordan’s public
Due to a high unemployment rate, which had reached 15% in 2007,87 the Government of Jordan health care system at rates subsidised by the government. The government pays 80% of the
(GOJ) has taken several legislative measures in order to minimise the number of migrant workers cost for insured Jordanians93 and the remaining 20% is paid by the patient. As for uninsured
in areas where they could compete with Jordanians. These measures also tried to give priority Jordanians and foreigners, the government covers 70% and 60% of the total cost, respectively.
to Arab migrant workers. They are explained as follows: Article 12 of the labour law (No. 8/1996) Such discrimination with regard to rates is not found at military and public university hospitals;
set out the conditions, indicating that “any migrant worker might not be employed except by uninsured Jordanians and foreigners pay the same rates. Migrant workers have medical
the approval of the Minister of Labor provided that the work shall entail an experience and insurance through the Social Security Corporation for injuries or diseases related to their work.94
qualification not available among the Jordanian workers, or that the number of the qualified
Jordanian workers does not meet the need. Priority shall be given to Arab experts, technicians, The MoL has also issued several regulations in this regard that do not discriminate between
and workers. Migrant workers are obliged to obtain a work permit from the MoL, the period of Jordanians and migrant workers. In brief, Regulation No. 42/1998 of Preventive and Therapeutic
the permit shall not exceed one year and can be renewed for the same period.” The MoL has Medical Care for the Workers in Establishments obliges employers to verify the fitness of a worker
issued a decision listing the professions in which migrant workers are not allowed to work. This 88
before the latter starts to work in the establishment. Each employer should appoint the required
list includes professions in the following fields: medical, engineering, administrative, accounting, number of physicians and nurses or establish a medical unit appropriate for the number of
clerical and secretarial work, work in warehouses, sales and marketing, beauty shops, decoration, workers.95 Regulation No. 43/1998 of Protection and Safety from Industrial Tools and Machines
teaching (except for the rare occasion when is no Jordanian is available), fuel selling in the and Work Sites requires the employer to take the precautionary measures and procedures that
major cities, electrical work, mechanical and car repair, drivers, and building guards. The fees for guarantee the protection and safety of workers.
the issuance or renewal of work permits are detailed in Regulation No. 36/1997 of Employment
Permit Fees for Non-Jordanian Workers.89 The general Trade Union of Workers in Textile, Garments and Clothing Industries in Jordan
(TUWTGCJ) established two medical clinics for workers in the Qualified Industrial Zones (QIZs)
Employers are requested to limit the number of migrants in certain sectors and to take in 2002 and 2004,96 which were funded by the Japanese government. According to a press
measures to replace them with Jordanians. A specific example can be found in the field of statement by the president of the Union in September 2005, these clinics provided medical care
higher education, as the number of migrant PhD holders in Jordanian universities should not for nearly 20,000 workers.97 In 2007, around 8,000 workers visited the clinics,98 but it is not clear
exceed 50% of the total number of PhD holders. Universities that do not meet this quota are how many of them were migrant workers. The decrease in the number of patients might be
required to take the necessary measures to provide Jordanians with scholarships or they will related to the establishment of clinics in the factories according to MoL regulations.
be fined. 90
Agreements have also been signed with investors in Jordan to gradually replace
migrant workers with Jordanians, and migrant workers have been requested to have a work
91 The Supreme Court of Justice ruled that «when the authorities are exempted from giving reasons behind
contract and the approval of the MoL before coming to Jordan. their decisions these reasons are presumed to be valid” Supreme Court of Justice, Case No. 22/2008.
92 Civil Health Insurance bylaw No. 84/2004, Article 26. According to Article 19, however, vaccinations will
be provided free of charge to all children, whether they are Jordanians or foreigners.
93 Jordanians can be insured through the public health system if they are employed by governmental
bodies.
94 Article 4/a of the Social Security Law No. 19/2001 states that «The provisions of this Law are applicable
87 Ministry of Labour Annual Report 2007, p23. to all labourers who are not under sixteen years of age without any discrimination as to nationality, and
88 See: http://www.mol.gov.jo/Portals/0/closed.pdf. regardless of the duration or form of contract, the nature and amount of wage, and whether the work
64 65
89 JD 300 for non-Arab workers, including all sectors other than the agricultural one, JD 180 for Arab workers, is to be performed mainly inside or outside the Kingdom, without prejudice to the rules of international
including all sectors other than the agricultural one, JD 120 for non-Arab workers in the agricultural agreements regulating the rules of dual coverage.”
sector and JD 60 for Arab workers in the same sector. The fees for the migrant workers in Qualified 95 50-100 workers: 1 part-time physician and 1 nurse. 101-500 workers: 1 physician and 2 nurses. 501 -1,000:
Industrial Zones (QIZs) are JD 150 for the first three years of establishing the project, and JD 175 for the 2 physicians and 3 nurses. 1,000 workers and above: 3 physicians and 4 nurses.
fourth year and the years that follow the establishment of the project. 96 QIZs are explained in section 2.1.
90 Ministry of Higher Education, decision No. 11/1/18712, 26 December 2005, and Higher Education 97 See: http://www.alghad.jo/index.php?news=42920
Accreditation Commission, decision No. 9/133, 25 October 2007. 98 Statistics of the General Trade Union of Workers in Textile, Garment and Clothing Industry Clinics, 2007.

Irregular migrant workers Since they might be detained and deported, irregular migrant workers are usually afraid to go
Irregular migrant workers are individuals who are unwilling or unable to comply with the to court to claim their labour rights or to report abuses. Several judges interviewed for this report
relevant provisions, and particularly with the RFA and labour laws. According to Article 12/G stated that migrant workers are not asked if they possess a work or a residency permit, whether
of the labour law, the Minister of Labour has the power to issue a decision to deport a migrant they are defendants or plaintiffs. Previously, the Court of Cassation had considered void any
worker who contravenes Article 12 at the expense of the employer or the manager of the work contract between an employer and a migrant worker without a valid work permit; i.e. the
establishment. The deported migrant worker may not be re-employed in Jordan and may not contract could not legally be enforced and was not binding on any of the parties.100 Fortunately,
re-enter Jordan within a minimum of three years from the date of the deportation decision’s the Court established a new judicial precedent by stating that work permits would have no
implementation. Violations of Article 12 are explained in (12/F) and can occur in any of the effect on the contract between an employer and a foreign worker, since Article 12 of the labour
following cases: 1- Working without obtaining a work permit. 2- Working for an employer other law regulates the work of foreign labour.101
than the one specified in the permit unless he/she has obtained permission to do so from the
competent authority in the Ministry. 3- Working in a position other than the one for which he/she D.1.b. Difficulties Migrants Face with Regard to their Socio-Economic Rights
has obtained the permit.
There are different categories of migrant workers in Jordan, each of which are subject to
Employers hiring irregular migrants are subject to fines in accordance with the labour and RFA different legal regulations and face different difficulties in exercising their rights.
laws. Article 12/E of the labour law stipulates a fine between JD 100 and JD 150 for the employer
or the establishment manager for each month or part of a month of illegal employment. i. Qualified Industrial Zones (QIZs) Migrant Workers
According to Article 35/A of the RFA law, an employer is liable to a fine of not less than JD 50
and not more than JD 75. In order to implement a deportation order, irregular migrant workers QIZs were established under a free trade agreement signed by the governments of Jordan and
are usually detained for a period of less than one week before they manage to get a ticket the United States. The following table shows the number of workers for each of the six QIZs.102
home at the Residency and Border Directorate (RBD), a subsidiary of the National Security
Directorate. Accompanied by a policeman, these workers are allowed to leave the detention No. of
No. of Male Total No. Total No. of
centre to get their belongings before their departure. Some workers are kept in detention for No. of Female
Zone Migrant of Migrant Jordanian
Factories Migrant
longer periods because they are not able to pay their overstay fine, which amounts to JD 1.5 workers Workers workers
workers
for every day they overstay their residence permit.99 According to security officers,“One night in Sahab 39 4881 5624 10505 2323
a detention centre costs the Government of Jordan 22 JD, which means that the government
Al-Hassan
is losing 20.5 JD for every migrant worker kept in detention”. Industrial 38 7062 5755 12817 6616
(Irbid)
The number of detained migrant workers is not known. The authorities interviewed in these Karak 3 1894 323 2217 1863
centres explained that “It is practically impossible to determine the number of migrant workers Dhelail 15 5405 5527 10932 1756
detained, since this number is constantly changing”. Although there have been many reports Al-Jezah 1 0 2 2 15
criticising the situation in Jordanian detention centres, they all focused on the Rehabilitation
Al-Rusaifah 1 150 184 334 668
Centres for convicts and those awaiting trial. There have not been any reports that covered
Total 97 19392 17415 36807 13241103
the detention centre at the Residency and Border Directorate. In interviews, migrant workers
103
who had been previously detained said that “the detention centre is overcrowded, toilets are
According to these figures, migrant workers constitute 73.5% of the total number of workers in this
not clean, the quality of the food is poor, health care is rarely provided, and access to legal
sector.104 The migrant workers are mainly from Sri Lanka, Vietnam, Bangladesh, China, Pakistan
aid is limited”. According to Article 34/B of the RFA law, migrant workers can be exempted
and Nepal. Factories in these zones produce mainly garments, in addition to other goods, such
from residency fines by a decision of the Minister of Interior, provided that the amount does
as rubber, refined metals, chemical products, leather goods, and processed foods.105
not exceed JD 250. If the fines exceed this amount, the exemption is subject to an order by the
Prime Minister, based on a recommendation by the Minister of Interior. The government’s recent 100 Jordanian Court of Cassation, Case No. 766/1999, 27 February 2000.
practices indicate that there is co-operation with the relevant embassies, unions, and the 101 Jordanian Court of Cassation, Case No. 2003/3860, 16 February 2004; also Case No. 655/2004, 21 July
2004.
66 National Centre for Human Rights in exempting migrant workers from these fines. For example, 67
102 MoL, Annual Report, 2007, p 31.
103 The number of Jordanian women workers is 8,136, which constitutes around 61.4% of the total number
in July 2008, the Prime Minster exempted 600 migrant workers from their overstay fines. of Jordanian workers.
104 This high percentage of foreign workers shows that the main objective for establishing these zones has
not yet been achieved. They were established to provide rural Jordanians with new job opportunities
and to reduce unemployment.
99 Article 33 of the RFA law. 105 A Free Trade Agreement (FTA) was signed between Jordan and the United States to create «Qualifying

D i f f i c u l ties and R e p orted V io l ations against Q I Z social security insurance if their injury or disease is related to work. However, some employers do
M igrant W orkers not provide any kind of health insurance, and this can cause serious problems for the migrant
workers when a disease or injury is not related to work. Embassy officials stated that employers
Regarding working conditions who did not provide migrant workers with health insurance might pay health care expenses
In May 2006, Jordan’s garment industry became the centre of a controversy after the on “humanitarian grounds”. The term “humanitarian grounds” is used in order not to create
publication of a report jointly compiled by the National Labour Committee (NLC), a non-profit precedents for other migrant workers.
New-York-based organisation, and the United Steel Workers (USW). The 168-page report 106
made fierce allegations of systematic abuse of migrant workers in factories operating in I rregu l ar Q I Z M igrant W orkers
Jordan’s QIZs. The report described the situation in the QIZs as a form of Human Trafficking and
Involuntary Servitude. In its annual report for 2006, the National Centre for Human Rights (NCHR) There are several reasons that cause migrant workers to break the law, the most important of
also documented these violations. 107
QIZ migrant workers and their embassies confirmed these which can be summarised as follows: Every year, several factories are shut down in the QIZs due
violations, and claimed that some factories’ administrations arranged for the deportations of to bankruptcy or on orders from the MoL. As a result, these factories’ workers are left without an
workers who asked for their rights and organised sit-ins or strikes by not renewing their work employer. If the value of the factory is not enough to pay off debts, the workers do not receive
and residency permits or by falsely accusing them of having committed an offence. When their pay. Furthermore, migrant workers must take the necessary measures to change the name
interviewed, one embassy staff member said that “Migrant workers are banned form marrying of the employer stated in their work and residency permits; otherwise they will be in violation of
each other, and if the factory knows about the marriage, they will arrange for the deportation Article 12 of the labour law. These procedures can take time, and it is not always an easy task
of the married couple by not renewing their work permit or falsely accusing them of an offence. to find another employer.
Couples who get married often try to keep it secret, but this will lead to more complications,
especially if the wife gets pregnant and her family knows about the incident, since most women Some migrant workers leave the QIZs to work at garment factories in Amman, where they are
migrant workers come from conservative communities”. In the past two years, there were four paid $15 per hour, as compared to a monthly wage of only $156 in the QIZs. This is considered a
reported incidents of female migrant workers forced to abandon their newborn babies near violation of Article 12 of the labour law; these workers are also not allowed to work in any place
mosques or in hospitals. In its report on Trafficking in Persons, published in June 2008, the United other than the QIZs.111 After working for a couple of years and saving a reasonable amount of
States Department of State placed Jordan on the Tier 2 Watch List108 for its failure to provide money, some male migrant workers try immigrating to Europe by illegally crossing the borders to
evidence of increasing efforts to combat trafficking in persons over the previous year. 109 the ports of Lebanon or Turkey as a first destination. These workers may end up back in Jordan
after being deported and losing all of their savings.
Regarding health care
The NLC report of May 2006 indicated that migrant workers were not granted sick leaves and T he J ordanian G overnment ’ s R es p onse
that medication expenses were deducted from their wages. In the March 2007 report, the NLC to H uman R ights A buses
stated that sick days were punished by the deduction of two days’ wages. In spite of promises
of free health care, workers had to purchase their own medicine. Four workers allegedly died After the publication of the NLC report, the government took immediate action. The MoL
in the past after not receiving proper health care. 110
QIZ migrant workers are covered by the launched a two-week “intensive” inspection campaign and quickly issued its own report,
admitting its failure in enforcing its own laws,112 but also concluded that some of the allegations
Industrial Zones» (QIZs) on Jordanian territory and was ratified in 2001. The QIZs guarantee that products
included in the NLC report were unfounded.113 The Ministry took several actions after the
fabricated in these zones have unrestricted access to the U.S. market. The preamble of the agreement inspection campaign and penalties were imposed on 59 establishments mentioned in the
clearly states that both parties desire to promote higher labour standards by building on their respective
international commitments and strengthening their cooperation on labour matters. In Article 6, NLC report and on 141 establishments which had not been mentioned. During the inspection,
the parties reaffirm their obligations as members of the International Labour Organisation and their
commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-
the Social Security Corporation joined the team, and this resulted in even more penalties. Two
up. The garments produced in Jordan also enjoy unrestricted access to the European market. The full establishments were closed. Additional measures were taken following the ILO experience
text of the agreement is available at http://www.jordanusfta.com/documents/textagr.pdf.
106 See: http://www.nlcnet.org/article.php?id=10. in a Cambodian project, entitled ‘garment sector working conditions improvement project’,
107 The National Centre of Human Rights, Status Report of Human Rights, The Hashemite Kingdom of Jordan,
2006, pp 44-47.
108 Tier 2 Watch List countries are countries which do not fully comply with the minimum standards for the 111 Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers in the
elimination of trafficking, but which are making significant efforts to do so and meet one of the following Qualified Industrial Zones.
68 69
criteria: 1. they display a high or significantly increasing number of victims; 2. they have failed to provide 112 http://www.apparelandfootwear.org/pdf/jordanministryoflaborreport060518.pdf.
evidence of increasing efforts to combat trafficking in persons; or 3. they have committed to take action 113 For example, there were allegations that, in one factory, a 20-year-old Bangladeshi female worker
over the next year. For more details see: http://www.state.gov/g/tip/rls/tiprpt/2004/33187.htm. hanged herself in the toilet because a factory manager had raped her. “The forensic report said she
109 United States Department of State, Trafficking in Persons Report 2008 - Jordan, 4 June 2008. Online at was not raped,” the ministry’s report said, adding that, in many of the factories in question, seven-day
UNHCR Refworld, available at: http://www.unhcr.org/refworld/docid/484f9a211bf.html (accessed 24 workweeks and physical abuse allegations could not be verified. The report also mentioned 28 factories,
September 2008). but it was revealed that three of them did not actually exist. These were the Al Cap Factory, Fresh Taste
110 See: http://www.nlcnet.org/article.php?id=241. Factory, and Center Clothing.

which aims to assist the country in enforcing international labour standards within factories The Government of Jordan has devoted much attention to irregular QIZ migrant workers in the
through capacity building and awareness raising among employers and workers regarding the past year, and has taken effective steps to help them comply with the law.118 In July 2007, the
possibility of implementing a project. However, the ministry’s report highlighted an additional MoL developed a procedure to regularise “irregular” workers and identified 6,044 of them. In
violation that had not been mentioned in the NLC or NCHR reports, namely that some factories August, all of these workers were provided with a temporary identification card, and the ministry
did not comply with safety and health regulations. It is worth noting that the ministry’s annual cooperated with the Ministry of Interior to arrange for a waiver of these workers’ fines, so as to
report in 2007 admitted that the violations against migrant workers in QIZs amounted to human enable them to obtain work and residence permits. Although the Minister of Labour stated that
trafficking. 114
none of these workers had been detained, the president of TUWTGCJ claimed that some of
them were held in detention.119
In an attempt to improve working conditions and minimise the grave violations against some
QIZ migrant workers, the government adopted several measures, including The Golden List ii. Migrant Domestic Workers (MDWs)
of QIZs, a Code of Practice that aims to ensure employers’ compliance with Jordanian law
and international labour standards,115 and capacity building of labour inspection teams and Since the 1980s, there has been an increasing demand for foreign domestic labour in Jordan.
improvements to the ministry’s infrastructure. The ministry took steps to improve its work through This is due to the improvement in living standards and the increasing number of working women.
development and training so that its staff would be able to deal with violations against migrant Urban families also tend to live away from the larger extended family networks which used
workers: 1- A hotline was established to receive complaints and inquires by migrant workers in to care for their children. According to MoL statistics, in 2007, 44,755 MDWs from 30 different
seven languages (Indian, Bengali, Sri Lankan, Filipino, Chinese, Indonesian and English). 2- Offices countries obtained a work permit for Jordan: 92% of them were women and came from
for the ministry were established in the QIZs and are fully equipped to effectively inspect the Indonesia (46.6%), Sri Lanka (31.7%), and the Philippines (18.8%). Most of these workers lived in
factories. 3- Committees from the Ministries of Labour, Health, Industry and Trade, and Justice Amman.
were established to unify efforts. For example, there is no monitoring role for the Ministry of
Health in the QIZs and the MoL is not as qualified to inspect the health situation with regard As a general rule, MDWs can be admitted to Jordan only when they obtain work and residency
to housing, food and sanitary conditions. In fact, if workers’ housing is not adjacent to their permits through a Jordanian agent licensed by the MoL and responsible for recruiting non-
place of work, the MoL has no right to inspect it. Cooperation with the Ministry of Health is Jordanian domestic workers and bringing them into the country. In August 2008, Article 3 of
therefore necessary. The same applies to the Ministry of Industry and Trade, which can consult the labour law was amended by law No. 48/2008. According to the new amendment, MDWs
the MoL when transferring ownership of investment companies, changing their names, or are now covered by the labour law, but the new law also states that a by-law will be issued to
changing the partners, which usually puts workers in a vulnerable position. 4- The government regulate their contracts, working hours, days off and holidays, inspection, and any other related
recently established a fund, financed by factory owners and the government, to provide finical issues. However, at the time of writing this report, the by-law had not yet been promulgated. It
assistance to migrant workers facing problems and to allow them to return home or follow up is important to note that, as a consequence of the amendment, MDWs can now benefit from
their cases. Until now, there are no reports on the fund’s achievements. On 30 March 2007, the the Social Security Corporation health insurance and minimum wage. The relationship between
NLC published a report 116
indicating that the “Jordanian government and the Ministry of Labor MDWs and an employer is currently governed by a Special Working Contract (SWC) prepared
[have], and [continue] to, respond seriously to allegations of abusive conditions and worker by the MoL and generally accepted by the relevant embassies.120 The SWC places obligations
rights violations” at QIZs, but that some factories continued to violate workers’ rights. The report on the recruiting agent, who bears all financial expenses and sends an MDW back to his/her
expressed regret that there had not yet been “a single case where a factory owner [had] country of origin if “he/she was infected, before entering Jordan, by a contagious or dangerous
been prosecuted for the crime of human trafficking and the gross violation of workers rights”. disease or if found to be physically unfit or if she is found pregnant”.
In October 2008, the MoL stated that 12 employers had been referred to court since sufficient
evidence had been found that they had been involved in grave violations of migrant workers’
rights.117
118 Some of these steps include transferring workers from the factories that shut down to other factories that
70 71
114 MoL annual report, 2007, p 32. have demonstrated respect for workers’ rights by facilitating all the paper work or subjecting factory
115 Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers in owners to the fines stipulated by law.
the Qualified Industrial Zones, Annex A. Evidently the Golden List aims to achieve the following two 119 Statement made by the president of the Trade Union of Workers to Al-Gahed Daily newspaper, 24 July
objectives: requiring factories to respect the law and encouraging factories to employ more Jordanian 2007.
workers. 120 In 2003, the MoL endorsed the Special Working Contract for Non-Jordanian Domestic Workers, which
116 See: http://www.nlcnet.org/article.php?id=241. aims to reduce the number of fake, unrecognised and unapproved contracts between employers and
117 See: http://www.alghad.jo/index.php?news=365878. domestic workers.

R e p orted V io l ations against Fema l e D omesti c W orkers Finally, it should also be mentioned that, in February 2008, the Philippine Embassy in Amman
imposed a ban on the deployment of Filipino domestic workers to Jordan. This was due to the
There were no reported violations against male MDWs, but there were grave violations against violations mentioned above, but the ban was lifted after just one month because the embassy
women MDWs (WMDWs) in relation to their socio-economic rights. 121
For example, the monthly received assurances from the Jordanian government that serious measures would be taken to
salary of WMDWs is below the minimum wage of $212. 122
However, this should change soon, address these problems.
since WMDWs are now covered by the labour law. 123
The president of the Recruiting Agents
Association (RAA) stated that “the monthly salary of WMDWs will range from $212 up to $250”. I rregu l ar W M D W s
It should be noted that Filipino domestic workers earn more than Indonesian and Sri Lankan
workers because they are allegedly more educated and can perform more tasks. Several There are no official estimates for the number of irregular WMDWs in Jordan, although the
reports indicate that some of WMDWs do not receive some or all of their salaries or are not unofficial numbers at the Ministries of Labour and Interior indicate that it ranges between 25,000
paid on the due date. Some WMDWs work for more than 12 hours a day and also work at other and 30,000.124 Amnesty International gives a similar number,125 while other sources’ estimates
homes without being given a day off. Providing a suitable accommodation seems to be a are below 1,000.126 The main reason that leads WMDWs not to abide by the law is an escape
problem. In some case the WMDW has to sleep in the kitchen or uses a folding bed. from their employer’s home due to abuse. Runaway women generally tend to go to their
embassies to seek protection. Unofficial statistics127 provided by the Sri Lankan Embassy suggest
There have been some reports indicating that employers do not renew residency and work that around 100 Sri Lankan women run away each month. Similarly, the Philippine Embassy
permits, which puts WMDWs in a situation where they are in the country illegally and thus at reported an average of 90 runaways per month, while the Embassy of Indonesia stated that it
risk of deportation. One of the most commonly reported violations is employers withholding received an average of six to eight runaways per day. Verbal, physical and sexual abuse were
WMDWs’ passports. Employers try to justify this action by explaining that withholding the not the only reasons for the women to escape. Other reasons included non-payment of salaries
passport prevents the women from escaping. Another common violation is to confine WMDWs and extreme, long working hours. The Philippine and Indonesian embassies have shelters for
to their employer’s home and prevent them from leaving the residence. Clause 8 of the SWC runaways where they can stay until they fly back home, but there is a possibility that their stay
clearly states that the MDW is not allowed to leave the residence without the permission of the in these shelters might be longer than expected, and this can cause an increase in residency
employer. Failing to respect this clause may lead to the nullification of the contract and the fines. There were also allegations that women in these shelters were exploited by embassy
employer will be released from his/her obligations. officials.128 It should be noted that a WMDW’s escape from her employer’s residence can nullify
her contract and exempt her employer from paying the return ticket and obtain the residency
A study on WMDW runaways in Jordan, published by UNIFEM and “Friends of the Working Women” and work permits. There are several reasons that might complicate the return of WMDWs to their
Association, found considerable evidence suggesting that abuse of migrant workers is widespread. home countries: 1- WMDWs usually pay a lot of money in their home countries to get a work
Verbal and physical abuse are commonly reported, and many cases of sexual abuse have also contract for Jordan. They might not be able to return home before saving enough money, or at
been documented. It is also worth noting that WMDWs come to Jordan through recruiting agents least an amount that can cover their initial expenses. 2- Some women have to work illegally in
without having any information about their employer. This may cause a problem because the term other places just to make enough money for their return home; but they risk being caught and
“domestic work” can have different meanings; it could mean cleaning, child care, taking care of detained. Withholding MDWs’ passports can complicate their return to their home countries,
elderly or sick family members, cooking, or even taking care of pets. Some WMDWs may thus not and the inability to pay for a return ticket is also a common problem.
always be qualified enough to perform the requested duties. There have not been any reports
indicating that WMDWs do not benefit from medical care, but some women said that their medical
expenses were deducted from their salaries. The Special Working Contract requires the employer to
provide health care, but the conditions are unclear and should be specified. There are a few reports
indicating that some women’s personal eating habits and customs are not respected.
124 Information provided by the MoL and the Friends of the Working Women Association.
125 «Isolated, Exploited, Abused: Jordan’s Women Migrant Domestic Workers,» Amnesty International, July
121 Violations and difficulties have been collected by interviewing MDWs and their employers, the National 2008.
Centre for Human Rights, Mizan, Friends of the Working Women Association, UNIFEM and embassies of 126 M. Y. Olwan, «The Legal Framework of Forced Migration and Refugee Movements in Jordan,» Paper
countries of origin. In addition, we referred to a study on The State of the Female Migrant Domestic prepared for Migration and Refugee Movements in the Middle East and North Africa, The Forced
Workers in Jordan by Mohammed Qatishat, 2007; as well as to “Isolated, Exploited, Abused: Jordan’s Migration & Refugee Studies Program, The American University in Cairo, Egypt, October 23-25, 2007, p19.
Women Migrant Domestic Workers,” Amnesty International, October 2008; UNFIEM-Amman and Friends The President of the Recruiting Agents Association of Foreign Domestic Workers also provided similar
72 73
of Women Workers Association, “Migrant Women Workers in Jordan: The Cases of Runaways,” 2007; statistics.
United States Department of State, Trafficking in Persons Report 2008 - Jordan, 4 June 2008, online at 127 For more details, see UNFIEM-Amman and Friends of Women Workers Association, «Migrant Women
UNHCR Refworld, available at http://www.unhcr.org/refworld/docid/484f9a211bf.html (accessed 24 Workers in Jordan: The Cases of Runaways,» 2007.
September 2008). 128 According to RAA and the NCHR, WMDWs are being abused by their embassies; the runaways who
122 Decision of the Minimum Wage Committee issued on 13 October 2008 according to Article 52 of the seek help are kept in a shelter inside the embassy and are often requested to work as day labourers at
Labour Law No.8/1996. hotels, bars and restaurants to pay for their accommodation or to earn enough money for their ticket
123 The minimum wage applies only to labour covered by the labour law. home. According to these claims, embassy officials usually take a percentage of the WMDWs’ wages.

Combined A c tions o f the G overnment o f J ordan and organisations, and WMDWs.132 Since then, a number of important steps have been taken. In
Civi l S o c iet y August 2001, UNIFEM signed a Memorandum of Understanding with the MoL to provide
guidance, assistance and provide capacity building. Friends of the Working Women Association
The MoL did not deny any of the violations that WMDWs face, and it has adopted some was one of the first NGOs that benefited from the UNFEM programme. The Association started
procedures in an attempt to minimise them. Including MDWs in the labour law was a great its activities in 2003 by leading a public awareness campaign to educate about the rights of
achievement. The ministry is currently preparing a new bylaw that gives inspectors the right to WMDWs and by distributing handbooks and flyers in co-operation with other NGOs and the
visit private homes and to supervise employers. In May 2006, the ministry established the Domestic MoL. In August 2008, the Association led another campaign in cooperation with RAA and the
Workers Directorate to monitor recruiting agencies and to receive complaints by MDWs. In 2007, MoL to advocate for Women MDWs’ rights. This campaign used SMS messages, radio clips and
the Directorate received 755 complaints and managed to solve 96% of them amicably, while the cartoons, and encouraged journalists to investigate violations against WMDWs. The NCHR plays
rest were referred to the courts. These complaints were against employers who denied MDWs a vital role in advocating for MDWs’ rights by receiving their complaints and providing legal aid.
their salaries or did not obtain residency and working permits. 129
The Directorate also managed
to abolish the illegal recruitment industry in Jordan. The Ministry prepared a handbook for iii. Migrant Workers Who Are Exempted from Obtaining a Residency
WMDWs in Jordan, which was funded by UNIFEM and published in Arabic, English, Indonesian, Permit
Sri Lankan, and Filipino. The handbook contained the provisions of the SWC, explained MDWs’
rights and obligations, and listed phone numbers that they could call to report abuse. The ministry Egyptians and Syrians are exempted from the provisions of the RFA law based on international
distributed 60,000 copies at airports and recruiting agents’ offices to make MDWs aware of their courtesy and bilateral agreements.133 As a result, Egyptians and Syrians can reside in Jordan without
rights and inform employers about their responsibilities. As part of a project funded by Freedom any legal limitations. However, they should have a work permit if they wish to work in Jordan. According
House and UNIFEM, the ministry also distributed flyers raising awareness regarding MDWs’ rights in to the MoL, 222,716 Egyptian workers had obtained a work permit by the end of 2007. This means that
co-operation with UNIFEM, Caritas Jordan, local NGOs (Friends of Working Women Association, Egyptians constitute 71% of the total number of migrant workers in Jordan. The workers are mainly
Mosawah for Democratic Research and Studies, Adaleh Center for Human Rights) and the NCHR. employed in agriculture and construction, and in restaurants, bars and hotels. Agricultural workers
In 2006, the ministry issued new regulations for bringing MDWs into the country and employing were previously excluded from the provisions of the labour law, but the amendment to Article 3
them. According to these regulations, employers are expected to pay a fee of JD 300 for the work extended coverage to them, and they can thus benefit from the services provided by the Social
permit prior to the MDWs’ arrival in Jordan. 130
This measure was adopted to avoid the problems Security Corporation. These workers will also be covered by the bylaw that has yet to be promulgated.
that MDWs face when employers neglect to pay these fees after they have arrived. MDWs can Meanwhile, the total number of Syrian workers was 4,443, which constitutes 1.4% of the total number
also benefit from the services provided by the hotline at the MoL, which receives complaints in of migrant workers. They mainly work in construction and in restaurants, bars and hotels. There are 171
seven different languages. Moreover, the MoL plans to establish a shelter for runaway women Egyptian and 78 Syrian women workers who mostly work in restaurants, bars and hotels.
MDWs who face problems with their employers. 131
According to the regulations in Egypt and Jordan, Egyptian workers are not supposed to come
T he R o l e o f I nternationa l B odies and Civi l S o c iet y to Jordan unless they have a work contract. The NCHR stated that it had received only eight
O rganisations in Promoting M igrant W omen ’ s R ights complaints from male Egyptian workers since the centre was founded in 2001. The complaints
were about employers who did not pay the agreed fees for their work permits.134 The NCHR
In March 2000, UNIFEM Amman and UNIFEM Asia-Pacific launched a programme aiming at is also aware of four allegedly isolated incidents where work permits were sold to Egyptian
Empowering Women Migrant Workers in Asia through focus group discussions. The programme workers. No complaints were reported for women migrant workers in this category.135
seeks to empower women migrant workers from a gender and rights perspective, by catalysing
enabling policy, institutional and socio-economic environments. This is to ensure that women It is worth noting that, in the late 1970s and early 1980s, thousands of Syrians fled to Jordan after
have equal opportunities, access and benefits at all stages of the migration process. Countries being persecuted by the Syrian regime. This was due to their political activities with the banned
covered include Nepal, Indonesia, Sri Lanka and the Philippines as sending sites, and Jordan Muslim Brotherhood party.136 They managed to stay in Jordan without any difficulties. Some of
as a destination country. There are several bodies that benefited from this programme; mainly them applied to the UNHCR in Amman, but their applications for refugee status were denied;
the MoL, Ministry of Interior, police departments, recruiting agencies, non-governmental they were found not to be in need of international protection since they had managed to
integrate in Jordan with no difficulties.
74 75
129 Statement by the Director of the Domestic Workers Directorate, Mr Ali Al-Shawabkeh, Al-Ghad Daily 132 For more details see: http://www.unifem.org.jo/pages/project.aspx?pid=553
Newspaper, 15 January 2008. See: www.alarabalyawm.net/pages.php?news_id=67618. 133 Residence and Foreign Affairs Law, Article 29, paragraph F.
130 Article 5 of the Instructions for the Conditions and Procedures of Licensing and Organizing the Private 134 According to the custom in Jordan, employers pay half of the fees for their work permits, while the
Offices of Bringing and Employing Non-Jordanian Domestic Workers of the year 2006. Egyptian workers pay the other half.
131 Statement by the MoL Secretary General, Al-Rai Daily newspaper, 28 August 2008. See: http://www. 135 Information provided by the NCHR.
alrai.com/pages.php?news_id=228056. 136 For more details, see: http://www.shrc.org/data/aspx/d5/315.aspx.

I rregu l ar E g y p tian and S y rian M igrant W orkers iv. Migrant Workers at Restaurants, Bars and Hotels
These migrant workers can easily violate the labour law and risk detention and deportation. According to the MoL, 37,605 migrant workers fall under this category. Egyptian and Syrian
Egyptian workers employed as guards provide a clear example: According to staff at the MoL, workers account for 34,759 of them, with the remaining 2,846 migrant workers originating from
regulations prohibit migrant workers from working as building guards (Bawab), but virtually all other Arab countries, Eastern Europe and Asia. There were 411 women workers. One report
building guards are Egyptians. The MoL is aware of the situation, but chooses to turn a blind eye. stated that Jordan was a destination for prostitutes from Eastern Europe and Morocco; there
Egyptian and Syrian workers can be deported if they violate Article 12 of the labour law. It was were no reports that any of these women were trafficked for sexual exploitation.142 It is possible
noted that Egyptian workers who obtain permits as agricultural workers often desert the farm that the actual number of female workers in this category far surpasses that contained in official
where they are employed and seek work in construction, where salaries are higher. 137
records. According to some female workers who were interviewed, they come to Jordan on a
tourist visa. This allows them to stay in the country for three months, during which they work
In order to regularise the status of Egyptian workers and to minimise labour law violations, the undocumented. They then return home. There have been no reports indicating that women
government has taken several steps. In March 2007, the governments of Jordan and Egypt in this category have been subjected to abuse or violations. The NCHR affirmed that it had
signed a bilateral agreement regulating migrant labour issues. Subsequently, the MoL developed received only one complaint pertaining to two Tunisian women who were kept against their
a procedure to regularise the situation of Egyptian workers who were in violation of Article 12. will at a bar in Amman and forced to serve customers. The authorities were notified and the
Under the procedure, an amnesty period was declared from 15 April to 7 June 2007, during perpetrators were convicted in a court of law.
which workers could apply for the necessary documents without any legal/administrative
consequences or the payment of relevant fines.138 A total of 120,203 Egyptian workers registered v. Other Categories of Migrant Workers
to obtain the necessary documents. 139
Following the amnesty period, the MoL organised a
verification campaign during which labour inspectors formed teams with members of the There are a few migrant workers who work in the fields of transportation, storage, water and gas
Public Security Directorate. A total of 5,493 migrant workers without valid papers were detained supplies, but there have been no reports suggesting that this category faces any problems or
between 15 July and 13 September 2007. Of those detained, 2,000 were repatriated, while some difficulties.
were released for humanitarian reasons (workers with children enrolled in Jordanian schools,
workers undergoing medical treatment, workers married to Jordanian citizens). Employers
found to be employing undocumented workers were fined.140 The government allowed the
Egyptian embassy to obtain work permits for 13,000 workers in the field of construction until they
managed to find a new employer.141
76 77
137 Statement by the President of the Farmers Union in Irbid Province to Al-Ghad Daily on 18 February 2007.
See: http://www.alghad.jo/?news=154677.
138 MoL annual report, 2007, p 41.
139 MOL achievement reports, 2007.
140 Statement by the Director of the Inspection Directorate, Dr. Amein Werdiate, to Al-Arab Al-Yawm Daily 142 United States Department of State, Trafficking in Persons Report 2008 - Jordan, 4 June 2008. Online at
on 17 October 2007. See: http://www.alarabalyawm.net/pages.php?news_id=49987. UNHCR Refworld, available at: http://www.unhcr.org/refworld/docid/484f9a211bf.html (accessed 24
141 MoL annual report, 2007, p 41. September 2008).

D.2. Refugees in Jordan T he N ationa l Legis l ation G overning R e f ugees

in J ordan
In the late nineteenth century, Jordan received a large number of Circassians, Chechnians,
Assyrians and Armenians who were fleeing persecution, and their descendants have greatly Jordanian national legislation is deficient as far as asylum is concerned, but there are a few
contributed to the making of the country. In the second part of the twentieth century, Jordan provisions in the constitution145 and the Residence and Foreign Affairs (RFA) law146 that make
also welcomed a large number of Palestinians. More recently, thousands of Iraqis fleeing the reference to refugees. However, none of these provisions address refugees’ economic and
violence in their country have also found refuge in Jordan.143 social rights. There are no provisions related to refugees in the Jordanian labour law. The same
legal regime that applies to migrant workers therefore also applies to refugees. In many cases,
D.2.a. Legal Framework for Refugees in Jordan refugees cannot comply with Article 12 of the labour law or with the bylaws and regulations
issued according to it. Articles 8 and 9 of the MOU grant refugees the right to work, provided
Conventions R e l ated to R e f ugees that they are legally residing in Jordan and whenever the laws and regulations permit it. Finally, it
should be mentioned that there are no provisions in the national legislation that grant refugees
For various reasons, Jordan has not yet signed the 1951 Convention relating to the Status of the right of access to health care.
Refugees, although some principles of this Convention have become part of international
customary law. A complex regional political context, ideological differences between some of D.2.b. Difficulties Refugees Face in Exercising Their Socio-Economic Rights
the Arab countries and the granting of asylum to Arab citizens have increased these tensions and
have contributed to create a crisis for host countries. According to a member of the Ministry of i. Palestinian Refugees
Foreign Affairs, “The Palestinian question and its complexity, which has increased over the years,
have formed a barrier against the recognition of refugees in these states”. In Jordan, it was the The United Nations Relief and Works Agency (UNRWA) for Palestine Refugees in the Near East
mass influx of refugees from the Second Gulf War (1990-1991) which motivated the government defines a Palestinian refugee as any person whose “normal place of residence was Palestine
to allow the UNHCR to open an office to provide international protection to the refugees. In July during the period 1 June 1946 to 15 May 1948 and who lost both home and means of livelihood
1997, the Jordanian government signed an agreement with the UNHCR so that it could exercise as a result of the 1948 conflict.” Palestinian refugees eligible for UNRWA assistance are those who
its duties like other UN Agencies in Jordan. In April 1998, a Memorandum of Understanding144 match the above definition, as well as their descendants. The number of registered Palestinian
(MOU) was signed between the two parties concerning the treatment of asylum seekers and refugees has grown from 914,000 in 1950 to more than 4.6 million in 2008 and continues to rise
refugees, and Jordan agreed to admit asylum seekers, including undocumented entrants, and due to natural population growth. In 2005, 1.7 million were registered with UNRWA in Jordan. They
to respect the UNHCR refugee status determination (RSD) process. The memorandum also have full Jordanian citizenship and enjoy access to government services.147 The UN General
adopted the refugee definition contained in the 1951 Convention and forbids the refoulement Assembly Resolution of 11 December 1948 recognises only repatriation or compensation as
of refugees and asylum seekers. According to the MOU, asylum seekers registered with the permanent solutions to the Palestinian refugee problem. Citizenship acquired in another country
UNHCR are allowed to remain in Jordan pending consideration of their cases by the Agency, therefore does not terminate refugee status as it would for other refugee groups covered
which, according to Article 5 of the MOU, must find a “durable solution for recognised refugees by the 1951 Convention. This Convention excludes Palestinians who already receive UNRWA
within 6 months”. Such solutions are limited to resettlement or voluntary repatriation. Integration assistance, which means that the UNHCR is not involved with Palestinian refugees in Jordan,
in Jordan is not an option. Once recognised by the UNHCR, refugees are only allowed to stay in Lebanon, Syria, or in the West Bank and Gaza Strip, although it may assist Palestinian refugees
Jordan for a period of six months. outside the UNRWA mandate area or those who cannot benefit from assistance because they
were not registered.
145 Article 21/1 of the constitution forbids the extradition of political refugees on account of their political
beliefs or for their defence of liberty.
78 146 RFA law exempts refugees from the penalties of entering the kingdom illegally according to Articles 79
143 For more details, see F. De Bel-Air, «State Policies on Migration and Refugees in Jordan», Paper Prepared
for Migration and Refugee Movements in the Middle East and North Africa, The Forced Migration & 6 and 31. The Minister of Interior has the authority to grant refugees a travel document according to
Refugee Studies Program, The American University in Cairo, Egypt, October 23-25, 2007, part II. Article 10. According to Article 29, refugees are exempted from the provisions of this law. This regulation
144 The MOU was published in the Official Gazette in May 1998, but was not approved by the Parliament. It applies only to foreigners recognised as refugees by the Government of Jordan and not those
is clear that this MOU involves financial commitments to the treasury and thus should get the approval recognised by the UNHCR, since the latter category is governed by the MOU between the government
of the Parliament. Otherwise, national courts might consider it of no legal value, as precedents have and UNHCR. However, this regulation is rarely applied.
indicated when Article 33/2 of the constitution was applied. 147 For more details, see: http://www.un.org/unrwa/refugees/jordan.html.

Gazan refugees: Palestinian refugees who fled from Gaza during and after the 1967 war with results, these families have less access to private and public hospitals or to public health clinics
Israel and the occupation were not granted Jordanian nationality since the Gaza Strip was in Jordan than in the other regions of the Middle East where UNRWA operates.154 The Agency
under the administrative rule of Egypt. These refugees are eligible for temporary Jordanian also provides assistance for secondary medical care, especially emergency and life-saving
passports, which do not entitle them to full citizenship rights such as the right to vote and the treatment, at public, non-governmental and private hospitals. However, with the rise in hospital
right to be employed by the government. According to UNRWA, there are 120,000 of them. 148
costs in the 1990s, and a reduction in the Agency’s budget, UNRWA has been forced to increase
Most of them live in the Jerash and Hitteen refugee camps, where they have now built concrete the patients’ percentage of cost sharing.155 A September 2006 UNRWA report indicates that the
houses. Agency concluded an agreement with the Jordanian government to change the hospital
care reimbursement system for Palestinian refugees. Previously, Palestinian refugees whom
In 1974, Gazans hosted by the Kingdom were issued a card for identification and official UNRWA had referred to government hospitals were required to pay the full cost of hospital
transactions as a substitute for a travel document provided by the Egyptian authorities. In 1985, services, which was later reimbursed at 75% (95% of the cost for registered special hardship
the government issued them a two-year temporary passport, which replaced the card. In mid- cases). According to the 2006 agreement, refugees will pay only their share (5% or 25% of the
2004, the Ministry of Interior started issuing residence cards for the Gazan refugees. The Minister expenses), and the Jordanian Ministry of Health will submit a monthly claim for reimbursement
explained that these documents had no political connotations and that the cards did not to UNRWA.156
include a national number, stressing that they did not give the holders the right to health care,
education in public schools or other services offered exclusively to citizens. Gazans can obtain ii. Iraqis in Jordan
both documents, i.e. the passport and the card. 149
The legal status of Iraqis in Jordan is a very complex issue. The Government of Jordan usually
A c c ess to W ork refers to the Iraqis as “guests”, “brothers”, “temporary visitors” or “illegal aliens”. International
bodies and other civil society organisations, on the other hand, refer to them as “beneficiaries”,
Gazan refugees are treated like Arab foreigners according to the provisions of the labour law, “displaced Iraqis” or “people of concern” to avoid any complications with the authorities. The
so they need to obtain work and residency permits. Therefore they can only work in certain issue came to the forefront in 2003, when the UNHCR in Amman declared that all Iraqis in Jordan
professions. There were no reported violations with regard to their access to work or their ability were under a temporary protection regime (TPR) and thus would not be subject to the refugee
to enjoy their work rights. status determination (RSD) process. It was then believed that the instability in Iraq would be
temporary and that they would quickly be able to return to their country. Iraqis were given
A c c ess to H ea l th Care UNHCR documents indicating that they were asylum seekers, but the government rejected such
procedures, since all asylum seekers had to have their status determined and those who were
All Palestinian refugees benefit from UNRWA medical clinics which provide primary health care recognised should be resettled in third countries according to the MOU.157 On 18 December
at no cost.150 The primary health care provided focuses on maternal and child health care, 2006, the UNHCR issued an Advisory regarding the return of Iraqis, in which it recommended
as well as on disease prevention and control. Two thirds of patients who receive integrated that “States and UNHCR should declare Iraqis as refugees on a prima facie basis except for
non-communicable disease care at the primary health care facilities are women. The Agency those who were residing in Iraqi Kurdistan and those who fall under the exclusion clauses of
has helped bring vaccine-preventable diseases under control and has achieved universal the 1951 Convention”. According to the Advisory, the term “Iraqi” refers to both Iraqi nationals
immunisation coverage of children and women. It provides assistance to women during delivery and former habitual residents of Iraq, and in particular Palestinian refugees. The Advisory called
and runs programmes to prevent and control iron deficiency anaemia among women and on the countries in the region that host Iraqis and do not have a legal framework for refugees
children, as well as tuberculosis. 151
UNRWA manages 24 clinics 152
which, according to a UN press to allow Iraqis from Southern and Central Iraq to enter and remain, “even if on a temporary
release, are overcrowded and under-equipped. 153
In October 2006, a UNRWA report published basis.”158 In early 2007, the UNHCR in Amman applied the Advisory and started issuing refugee
the results of a survey of “special hardship case families” in the Palestinian refugee populations cards for Iraqis. This again caused protests from the government; as a result, the UNHCR started
living in the West Bank, the Gaza Strip, Lebanon, Syria and Jordan. According to the survey giving Iraqis asylum seekers cards. Things therefore did not change for Iraqis when compared
148 See: http://www.un.org/unrwa/refugees/jordan.html.

149 See: http://www.jordanembassyus.org/10052004005.htm. 154 United Nations (UN). October 2006. I. M. Hejoj, A. Badran.“A Socio-Economic Analysis of Special Hardship
150 See: http://www.un.org/unrwa/programmes/health/primary.html. Case Families in the Five Fields of UNRWA Operations”. See: http://www.un.org/unrwa/publications/
151 For more details, see G. Gunnarsdóttir, «UNRWA: Assisting Palestine refugees in a challenging pubs07/SHC_Analysis.pdf.
80 81
environment», Source: Forced Migration Review, University of Oxford, 04 Sep 2006. 155 See: http://www.un.org/unrwa/programmes/health/secondary.html.
152 21 September 2006. UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). 156 21 September 2006. UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
“UNRWA and Ministry of Health Signs Hospitalization Agreement.” See: http://www.reliefweb.int/rw/RWB. «UNRWA and Ministry of Health Signs Hospitalization Agreement.»
NSF/db900SID/EKOI-6TY32Z?OpenDocument. 157 For more details, see Human Rights Watch, «The Silent Treatment, Fleeing Iraq Surviving Jordan»,
153 28 February 2005. UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).“UNRWA November 2006.
Presents $1.1 Billion Plan to Donors.” (Press Release No. HQ/G/05/2005) See: http://www.un.org/unrwa/ 158 UNHCR Return Advisory and Position on International Protection Needs of Iraqis Outside Iraq, UNHCR, 18
news/releases/pr-2005/hqg05-05.pdf. December.

with the TPR regime. The Ministry of Foreign Affairs explained that there was an understanding abroad163 and a few have recourse to begging.164 The UNHCR, other international bodies and
with the Iraqi government not to describe Iraqi citizens as refugees. The Iraqi government civil society organisations are neither promoting access to work for Iraqis, nor have they adopted
believed that such a status could have an undermining effect. The Ministry of Foreign Affairs any programmes towards this end, since this would be considered a violation of national law.
added that this position was clearly pointed out in the Ministerial Conferences of Neighboring The high rate of unemployment in Jordan is also frequently invoked as an argument against
Countries of Iraq. 159
allowing Iraqis to have access to work. Several government officials have stated that “they are
aware that Iraqis do work, but the authorities turn a blind eye”. They also say that “Iraqis will not
The situation of Iraqis in Jordan is well documented by several international reports. 160
In summary, be deported because they violate the labour law or the residency requirements.”165
the Government of Jordan considers Iraqis as ordinary foreigners. They are considered to be
in violation of RFA law, because they cannot meet the residency requirements and are not However, NGOs such as HRW166 have reported that “Iraqis who are working under the table
allowed to work. It should be added that, since May 2008, any Iraqi wishing to enter Jordan often claim that they are underpaid, subject to exploitation, abuse, and frustrations. They are
needs to obtain an entry visa. The Ministry of Foreign Affairs has stated that “Iraqis can obtain often not able to earn enough to live properly. Moreover, the deteriorating economic situation
visas if they had no criminal records, provided evidence that they can support themselves during of Iraqi families is forcing many of the youth to leave school and look for jobs to contribute
their stay, and their visit should be on temporary basis”. The ministry added that there is also a to the family income”. In order to try to fight these abuses, legal aid is offered by NGOs such
fast track mechanism for humanitarian cases, such as medical cases. As for the deportation of as Mizan, Noor Al Hussein Foundation, Jordanian Women Union, and the National Centre for
Iraqis, UNHCR Jordan indicated that there had been a limited number of cases of deportation Human Rights and Alliance Centre.
for security reasons, based on the recommendation of the General Intelligence Directorate. It
should be recalled that Jordan has ratified the CAT Convention and that such practices are A c c ess to H ea l th Care
considered a clear violation of the convention.
In 2007, the UNHCR allocated around USD 14 millions for health and nutrition services for Iraqis.
In May 2007, the Jordanian Department of Statistics, working in collaboration with the United The majority of these funds were channelled through the Ministry of Planning and International
Nations Population Fund (UNFPA), the Norwegian Research Institute and an independent polling Cooperation (MOPIC) for the Ministry of Health (MoH) to expand public health facilities and
organisation, Fafo, estimated the number of Iraqis to be between 450,000 and 500,000. 161
Jordan services accommodating additional Iraqis patients. Thanks to this agreement “Iraqis were
had previously maintained that there were about 750,000 Iraqis, and the UNHCR had set the granted public primary health care access at the uninsured Jordanian rates, as opposed
number as high as one million. 162
[to the] previously applicable foreigner rates”.167 However, many Iraqis complain that getting
medical help in public hospitals can be difficult, since they are overcrowded. Doctors often
A c c ess to W ork advise patients to turn to the private sector for fast treatment if their medical condition is
urgent.168 There were reports indicating that public clinics were not abiding by the terms of
According to the figures provided by the Ministries of Interior and Foreign Affairs in 2008, “30,000 the UNHCR’s agreement. Additionally, free health care services are provided to Iraqis through
Iraqis were granted residency permits, but only 1,555 Iraqis have a work permit, of which 133 are UNHCR implementing partners, such as Caritas-Jordan, the Jordanian Red Crescent Society
granted to women. Among them: 43 work in agriculture, 173 in manufacturing, 47 in construction, (JRC) or International Medical Corps (IMC), in clinics in East Amman, Zaraqa, Sweileh or other
148 in wholesale, retail trade, restaurants and hotels, 30 in transportation and storage, 70 in cheaper housing areas where Iraqis are known to reside.
finance and real estate, and 1,044 in different types of social and personal services”. One can
conclude from this that 28,500 Iraqis have obtained an annual residency permit for reasons
not related to work, like being a student at a higher educational establishment or an investor,
or by depositing $150,000 in a local bank. Judging from the above, only 0.3% of the Iraqis in
Jordan are able to work legally, while the others are forced to work informally and face the 163 UNHCR Global Report 2007, «The Middle East Sub Regional Overview», UNHCR Fundraising Reports, June
same difficulties as irregular migrants. It is known that some benefit from the support of relatives 2008. See: http://www.unhcr.org/home/PUBL/474ac8d70.pdf.
164 IRIN, «Jordan: Some Iraqis resort to begging», 1 October 2007. See: http://www.irinnews.org/Report.
aspx?ReportId=74565.
165 See, for example, Ministry of Interior interview with Integrated Regional Information Networks (IRIN),
«Jordan: Government stops issuing residency permits to Iraqis», 26 July 2008. See: http://www.irinnews.
org/report.aspx?ReportID=79276.
159 Interview with the Ministry of Foreign Affairs. 166 See: «The Silent Treatment» by Human Rights Watch.
82 83
160 See, for example, «The Silent Treatment», Op. Cit., International Catholic Migration Commission, «Iraqi 167 UNHCR Jordan, Briefing Notes, June 2008. See also Human Rights Watch, ”Jordan: Government Pledges
Asylum Seekers in Jordan: A Report of the ICMC-USCCB Mission to Assess the Protection Needs of Iraqi to Grant Iraqis Education, Health Rights”, 16 August 2007. See: http://hrw.org/english/docs/2007/08/16/
Asylum Seekers in Jordan», December 2007. Amnesty International, «Rhetoric and Reality: The Iraqis jordan16687.htm.
refugee Crisis», 15 June 2008. International Crisis Group, «Failed Responsibility: Iraqi Refugees in Syria, WHO, ”Media Centre: Agreement reached on providing health care to displaced Iraqis”, 3 August 2007.
Jordan and Lebanon», Middle East Report N°77 – 10 July 2008. See: http://www.who.int/mediacentre/news/releases/2007/pr42/en/index.html.
161 See: http://www.fafo.no/ais/middeast/jordan/Iraqis_in_Jordan.htm. 168 IRIN, «JORDAN: Cost of health care a major hurdle for Iraqi refugees», 27 March 2008. See: http://www.
162 Amnesty International, «Millions in flight: the Iraqi refugee crisis», September 2007. irinnews.org/Report.aspx?ReportId=77480.

UNHCR, Caritas and JRC have established an Executive Health Committee169 which meets Addressing psycho-social needs
weekly to decide the allocation of costly treatments such as chemotherapies, cataract surgery, In Jordan, 20% of Iraqi families are separated due to security reasons or other constraints. The
treatment against leukaemia, treatment for patients suffering from sickle cell disease, etc. 170
separation from the family brings fear, preoccupations, anxiety related to security conditions,
It is important to mention that Iraqis benefit from these services whether they are registered sadness and a feeling of loneliness. Besides this, research175 has shown that “for 1/3 of the
with the UNHCR or not, although, in practice, it seems that most of the patients seen at the respondents it is the de-professionalization and more generally the necessity to readapt social
clinics are registered as asylum seekers. In 2008, UNHCR, UNICEF, UNFPA and WHO launched an roles in the new environment which are considered to be one of the main stress factors”. The
appeal to enable the UNHCR and its partners to significantly increase health care programmes team showed that psychosocial needs were not always addressed, and that this was not only
and to support capacity building and the expansion of the public health services in Jordan to due to the lack of specialists and of free facilities in Jordan, but also because of the unrecognised
enhance Iraqis’ access to them. If the health appeal is adequately funded, the UNHCR plans need for psychosocial counselling for patients who went through very traumatic experiences. It
to utilise around USD 13 million to expand Iraqis’ access to the public health care services. 171
On was found that “21% of respondents were subject before or while fleeing, to direct experiences
the other hand, the Ministry of Foreign Affairs mentioned that providing Iraqis with secondary of potentially highly traumatizing events, including witnessing the assassination of relatives and
health care is being seriously examined. In 2008, an agreement with the King Hussein Cancer friends, kidnapping, torture, and rape”. The researchers concluded that, among the interviewed
Foundation was signed to assist the Foundation in purchasing medical equipment. In return, families who witnessed such atrocities, “the presence of distress indicators was much higher
the Foundation is to provide cancer patients referred by the health committee with treatment than among other families, especially panic attacks and thought of death”.
equal in value to the amount contributed by the UNHCR. In 2007, the Agency-funded clinics,
in partnership with Caritas-Jordan and the Jordanian Red Crescent Society, recorded a total NGOs such as FHI, CARE, IMC, IRC or World Vision provide psychosocial and/or counselling
of 42,142 medical interventions, 172
which means that only 8.4% of the total number of Iraqis in services to the Iraqi community in Jordan. Some NGOs care for the victims of gender-based
Jordan are benefiting from these services. violence (GBV). They also give special attention to reproductive and maternal health issues.
Despite the contribution of committed humanitarian organisations, the cost of medical care Changing roles and domestic violence
is one of the main obstacles for the majority of Iraqi asylum seekers. Some of them have been Research on the displaced Iraqis has clearly shown that families generally have to stay at home
residing in Jordan for the past five years and their savings and other sources of income have and try to cope with inactivity, demoralisation, unemployment, impoverishment and harsh living
been exhausted. According to a survey 173
of Iraqi patients in NGOs’ health clinics in Amman, conditions. Young girls are kept at home by anxious parents who fear that they will be verbally
“the high cost of drugs and medical care in Jordan is a major problem for Iraqi asylum seekers. or sexually abused outside. Social workers who provide psycho-social counselling have noted
Only four percent of respondents said they could afford medical assistance and nearly 50 cases of domestic violence or sexual abuse among their female clients. One female social
percent of respondents said they spent at least one quarter of their income on health bills, worker said that “it takes a long time to build a good relationship with the GBV survivors, but
while 14 percent said over half their income went on medical care, particularly for specialised that, after a while, they talk freely about their problems and even have men come to talk to
services”. The survey also indicated that most of the Iraqis’ medical expenditures were for drugs them”. Iraqi men in Jordan are also challenged by their wives’ new roles, since some women
to manage chronic conditions such as diabetes or hypertension, and for visits to specialists, take up new responsibilities. Some of them engage in income-generating activities, like cooking,
diagnostic tests and surgery. 174
sowing or embroidery, which help them to become self-sufficient and give them a sense of
empowerment. Most of the Iraqi refugees are highly educated and find it very hard to adjust
to their new situation.
NGOs such as IFRC, Family Health Institute - Noor Al Houssein Foundation International Relief and
Development, Médecins du Monde, International Medical Corps, WHO, etc., offer in-patient
and out-patient psychosocial or medical assistance, primary health care (including outreach
units, paediatric and reproductive health care) and medical assistance for severely injured and
traumatised patients.
84 85
169 UNHCR Jordan, Briefing Notes, June 2008.
170 International Medical Corps (IMC), «Helping doctors to help Iraqis with mental health problems», 28 July
2008. See: http://www.reliefweb.int/rw/rwb.nsf/db900SID/RMOI-7GYV4Y?OpenDocument.
171 Ibid.
172 UNHCR Branch Office Amman, 2007 in Numbers.
173 Conducted by IMC and the Johns Hopkins Bloomberg School of Public Health (JHSPH), March 2008. 175 «Assessment on Psychosocial Needs of Iraqis Displaced in Jordan and Lebanon», Report, February 2008,
174 See: http://www.imcworldwide.org/content/media/detail/1694. IOM.

iii. Other Refugees

To the Embassies of Sending Countries:
According to the Agency, 1,105 non-Iraqi asylum seekers 176
were registered with UNHCR • Implement strict measures to ensure that all migrant workers are provided with health
Amman. 177
They are subject to the RSD process, and those who are rejected have the right insurance.
to appeal. According to the MOU, a durable solution for this category of refugees should be • Report abusive employers to the concerned authorities.
provided within six months from the date of recognition. The solution generally is resettlement • Call on their governments to provide migrant workers with proper training so that they are
or voluntary repatriation. It should be noted, however, that the government has shown great better informed and can defend their rights.
flexibility in applying Article 5; there have been some occasions where recognised refugees
have remained in the country for two years or more. These refugees benefit from the same To International Bodies and Civil Society Organisations:
health care that is available to Iraqis and have to comply with national laws regarding work. • Provide legal aid.
They usually support themselves with the financial assistance provided by the UNHCR until a • Take into consideration that 90% of MWDs are illiterate and address this issue in future
durable solution is found. programmes or efforts involving migrant workers.
• Give more attention to the unmet needs of QIZ migrant workers.
• Develop a programme for detained migrant workers who cannot afford to buy a return
D. 3 Recommendations
ticket to their countries.
• Raise awareness of both regular and irregular migrant workers’ rights.
D.3.a. Concerning Migrants
• Invite the IOM to play a more active role.
To the Government of Jordan:

D.3.b. Concerning Refugees
• Ratify all international conventions related to migrant workers and international labour law,
most notably Convention No. 87 regarding Freedom of Association, which gives migrant
To the Government of Jordan:
workers the right to join unions, and the Convention on the Protection of the Rights of All
• Ratify the 1951 Convention and its 1967 protocol.
Migrant Workers and Members of Their Families of the year 1990.
• Allow unrestricted entry to people who are fleeing Iraq and in need of international
• Adopt efficient legislation to combat various forms of human trafficking.
protection and exempt them from all visa requirements.
• Issue the bylaw that will regulate domestic and agricultural workers’ contracts, working
• Respect the customary international law principle of non-refoulement and its obligation
hours, days off and holidays, and any other related issues. The bylaw should also contain an
under Article 3 of the convention against torture.
effective inspection mechanism and well-defined health insurance.
• Consider giving Iraqis access to work.
• Abolish the detention of irregular migrants, and explore new means to deal with this category
of migrants according to international standards.
To the International Community:
• Take the necessary measures to bring all abusive employers to justice.
• Provide more assistance to Jordan in providing vital services to the refugees it hosts.
• Abolish discrimination between Arab and non-Arab migrant workers with regard to their
• Support UNHCR and other related international and national bodies in continuing and
work opportunities and permit fees.
expanding their current work.
• Abolish discrimination between Jordanians and migrant workers in all areas related to work.
• Increase the number of Iraqis resettled in third countries.
• Provide free health care to all children under the age of six, regardless of their nationality.
• Abolish discrimination in health care fees between uninsured Jordanians and foreigners.
To International Bodies and Civil Society Organisations:
• Take measures similar to the ones takes in relation to Egyptian and QIZ migrant workers, in
• Provide asylum seekers and refugees with legal aid when they follow up their cases at
order to regularise the status of irregular MDWs.
UNHCR.
• Increase the number of labour inspectors and conduct inspections after official working
hours.
• Apply Article 18 of the Passports Law No. 5/2002, which stipulates a prison sentence of up to
three years and/or a fine of up to JD 1,000 for employers who unjustly withhold the passport
86 87
of a migrant worker.
176 117 from the Russian Federation, 184 Syrians, 175 Sudanese, 70 Egyptians, 358 Somalis, 92 stateless, and
109 from other countries.
177 UNHCR Jordan Fact Sheet, August 2008.

E . C ase S tud y : M orocco
Traditionally a country of emigration, over the past decade Morocco has become a country on Moroccan soil, it is difficult to assess their number. Nonetheless, certain groups which work
of transit and destination. This phenomenon is largely due to transmigration. The proximity of with transmigrants181 and Moroccan researchers182 estimate that there are between 8,000 and
towns such as Ceuta and Melilla, as well as the Canary Islands, has long been considered an 10,000 of them.
attraction for migrants, principally from sub-Saharan Africa, who pass through Morocco on their
way to Europe, where they hope to obtain asylum or simply settle. The tightening up of border Morocco signed the Geneva Convention concerning refugee status, and since 2004 the Office
control policies by Moroccan and European governments within the framework of European of the United Nations High Commissioner for Refugees (UNHCR) has strengthened its presence183
Union cooperation agreements,178 and more precisely following the events which took place in Morocco and stepped up activities to respond to this new problem. In effect, persons “stuck”
in Ceuta and Melilla in September 2005, 179
has made it difficult to reach Spain via northern in Morocco who wish to seek asylum in Europe have no choice but to register with the UNHCR in
Morocco. As a result, many migrants find themselves “stuck” in Morocco, and have to choose Rabat, and hope that their rights as refugees will be respected or that they will be relocated in
between backtracking, trying to find another migration route, or temporarily settling in Morocco a third country. This last solution however is increasingly rare.184 In reality, refugees benefit from no
in hopes of finding another solution to reach Europe. Transmigrants are principally from Central particular rights in Morocco, and of the 829 statutory refugees in the country,185 few can hope
Africa180 (Democratic Republic of Congo and Cameroon) and West Africa (Nigeria, Côte to be relocated. Refugees from Côte d’Ivoire (35%) and the Congo (DRC) (28%) comprise the
d’Ivoire, Senegal, Mali, Guinea Conakry and Gambia). Due to the irregular nature of their stay vast majority of this population, while 13% are Iraqi refugees.
178 Morocco signed an Association Agreement with the EU (ratified in 2000) within the framework of the
Morocco also has a number of foreigner residents in regular situations. According to the High
Barcelona Process. Articles 69-72 lay the foundation for negotiations on social affairs, including migration. Planning Commission (HCP), this population numbered 51,435 in 2004.186 For the most part, they
This foundation was reinforced by the adoption of an EU-Morocco Action Plan in 2005 within the context
of the European Neighbourhood Policy (ENP). Lastly, in October 2008, Morocco was granted advanced are French and Spanish nationals. Nonetheless, a number of foreigners are in irregular situations.
status. For several years, the EU has been trying to negotiate a readmission agreement with Morocco
which would force it to «readmit» irregular migrants (whether of Moroccan nationality or not) who
reached Europe via Morocco. Moroccan officials refuse that the readmission of foreign nationals be
imposed on them, and for the moment remain firmly opposed to the conclusion of any such agreement.
179 For recollection, Moroccan and Spanish police forces reacted violently to mass attempts made by 181 Notably MSF and MdM.
migrants and asylum seekers to reach the towns of Ceuta and Melilla by sea. The violence which 182 Notably Mehdi Lahlou.
took place during these events resulted in the death of six migrants and dozens of wounded. For 183 The UNHCR has had offices in Morocco since 1965 and a Headquarters Agreement formalising the
more information, see reports by: Cimade (2005), Friends and Families of the Victims of Clandestine presence of the UN agency was signed on 20 July 2007 with the Moroccan government. UNHCR offices
88 89
Immigration (AFVIC) (2005), Advisory Council on Human Rights (CCDH) (2007), and Groupe Antiraciste were transferred from Casablanca to Rabat at the end of 2004 and its staff reinforced.
d’Accompagnement et de Défense des Etrangers et Migrants (GADEM) (2008). 184 In 2005, only 20 refugees were relocated (5 in 2006 and in 2007; and 21 in 2008).
180 See articles by Mehdi Lahlou, Claire Escoffier, Mehdi Alioua, Anaik Pian and the following NGOs: Caritas- 185 Statistics: May 2008. Of the 829 persons under UNHCR’s mandate there were: 585 families and 188
Morocco, Médecins du Monde (MdM), Médecins Sans Frontières (MSF), Cimade, GADEM, Béni Znassen children (87 girls and 89 boys). Children represented 22% of the total population, while the 251 female
Association for Culture, Development and Solidarity (ABCDS), Association for the Fight Against AIDS refugees (women and girls of all ages) represented 30% of the total population.
(ALCS), Pan African Organisation Against AIDS (OPALS), Terre des Hommes, Orient-Occident Foundation, 186 High Planning Commission, «Recensement général de la population et de l’habitat», 2004 – Source:
Moroccan Association for Human Rights (AMDH) and Moroccan Organisation for Human Rights (OMDH). www.hcp.ma

A survey187 carried out in 2007 by the Ministry of Employment revealed that over 3,000 foreign as was revealed by a United Nations report.190 Furthermore, please note that – at the moment of
workers do not have valid papers. Morocco allows foreign students to enrol in its public higher the writing of this report – the Moroccan government had still not handed in its initial report to
education institutions, 70% of whom are from African countries. 188
According to the Ministry of the United Nations Committee on the Rights of All Migrant Workers (awaited since 2004).
National Education, 7,500 189
foreign students were enrolled during the 2005-2006 school year.
I nternationa l Labour O rganisation ( I L O ) Conventions
E.1. International Framework Regarding
Morocco has ratified 49 of the ILO Conventions,191 including 7 Fundamental Conventions192
the Protection of Economic and Social
and 3 Priority Conventions. Amongst those which have not been ratified, two specifically
Rights of Migrants and Refugees
relate to migration: Conventions No. 97 and No. 143, respectively on labour migration and
complementary measures for migrant workers.
Conventions Pertaining to R e f ugees
These two conventions constitute a referential basis for national legislation and practices
Morocco ratified the 1951 Convention relating to the Status of Refugees (7 November 1956),
regarding migrant workers. They stipulate that the signatory countries shall encourage fair
and the 1967 Protocol relating to the Status of Refugees (20 April 1971). Moreover, on 29 August
recruitment practices and ensure transparent relations with management and labour partners.
1957, Morocco adopted a Royal Decree governing the implementation of the 1951 Convention.
Furthermore, they affirm the principle of non-discrimination and advocate equal treatment
This Royal Decree created a Bureau for Refugees and Stateless Persons (BRA) within the Ministry
between nationals and regular migrant workers in terms of social security, working conditions,
of Foreign Affairs and Cooperation, and an Appeals Commission comprised of the Minister of
pay, and the right to join labour unions.
Justice, or his representative, the Minister of Foreign Affairs, or his representative, and the UNHCR
representative in Morocco. Nonetheless, the decree did not lead to the institution of national
O ther I nternationa l I nstruments
asylum procedures, and the activities of the Bureau for Refugees and Stateless Persons have
been suspended. Following the signing of a Headquarters Agreement between Morocco and
Morocco unreservedly ratified the International Covenant on Economic, Social and Cultural
the UNHCR on 20 July 2007, the Moroccan government expressed its intention to consolidate
Rights (ICESCR) on 3 May 1979. It also ratified numerous other international instruments, including
the implementation of the 1951 Convention and 1967 Protocol in tight collaboration with the
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
UNHCR. Moroccan officials have since identified three principal priorities: the creation of a
(21 June 1993),193 the Convention on the Rights of the Child (21 June 1993), the Convention on
national legal framework for refugees; the creation of an institutional framework for refugees;
the Elimination of all Forms of Racial Discrimination (18 December 1970),194 and the Convention
and the promotion of refugee rights amongst the involved actors (professional training for civil
on the Elimination of all Forms of Discrimination Against Women (21 June 1993).195
servants and enhanced means).
All of these conventions contain measures that could be applied to migrants and refugees.
Morocco signed the Organisation of African Unity (OAU) Convention, which specifically pertains
Nonetheless, various United Nations Committee reports have highlighted failings on behalf
to refugee-related issues in Africa (14 November 1974).
of the Moroccan government regarding the implementation of these Conventions within
the framework of migrant protection. This was notably true for the Committee on the Rights
I nternationa l Convention on the Prote c tion o f the
of the Child,196 the Committee on the Elimination of Discrimination Against Women,197 and the
R ights o f A l l M igrant W orkers and M embers o f T heir
Committee on Economic, Social and Cultural Rights.198
Fami l ies
Morocco strongly supported the adoption of this Convention by the UN and was one of the first
countries to ratify it on 21 June 1993. Nonetheless, reservations were voiced regarding Article
190 In a report following her visit to Morocco (October 2003), the United Nations Special Rapporteur on the
92 paragraph (1) on the means of arbitration should two or more parties disagree as to the Human Rights of Migrants pointed out a number of failings: see paragraphs (56) and (62) of the report,
which highlight the lack of protection measures for trafficking victims.
interpretation of the Convention. In practice, however, workers’ rights are not always respected, 191 Consult list of ratified Conventions: www.ilo.org/ilolex/cgi-lex/countrylist.pl?country=Morocco
192 Convention No. 87 has not been ratified.
193 Reservations were expressed concerning Article 30 paragraph (1).
187 K. Masmoudi, «Maroc: 3000 travailleurs étrangers sans papiers : les résultats inédits d’une enquête du 194 Reservations were expressed concerning Article 22 of the Convention.
90 91
ministère de l’emploi», L’Economiste, 27/08/07. Of the 45 nationalities in irregular situations, there were 195 Reservations were expressed concerning Articles: 2, 9 paragraph (2), 15 paragraph (4), 16 and 19.
allegedly French, Chinese and Saudi Arabian nationals. 196 Report dated 16 March 2006. In particular paragraphs: 15 (child prostitution and sexual exploitation),
188 M. Sidibé – interview with Latifa Tricha, General Secretary of the Ministry of National Education, «Près de and 32 (migrant children and trafficking victims).
10 000 étudiants étrangers au Maroc», La Nouvelle Tribune, 25/09/07. 197 Report dated 8 April 2008. In particular paragraphs: 20 & 28 (domestic workers), 40 (transmission of
189 Figures communicated by the Moroccan Agency for International Cooperation (AMCI) indicated that nationality to foreign spouses), and 44 (the situation of migrants, refugees and asylum seekers).
6,936 and 7,390 foreign students were enrolled in Morocco during the 2005-2006 and 2006-2007 school 198 Report dated 4 September 2006. In particular paragraphs: 25 & 48 (the situation of unaccompanied
years, respectively. Source: www.amci.ma/statistiques.asp underage migrants).

E.2. National Framework Regarding the R esiden c e Permits f or Foreigners

Economic and Social Rights of Migrants
In its first article, Law 02-03 defines a “foreigner” as being “any person who does not have
and Refugees 199
Moroccan nationality and who either has the nationality of another country or has no
nationality”. Article 19 identifies two types of residence permits for foreigners: (a) “registration
Access to certain economic and social rights for migrants and refugees in Morocco is closely
cards” (“cartes d’immatriculation”); and (b) “residence cards” (“cartes de residence”).
linked to having a residence permit and work authorisation (“permis de travail”).200 The precise
conditions for obtaining work authorisation (which, as far as foreign employees are concerned,
Registration card
is dependent upon a residence permit) will be developed later on. Nonetheless, it seems
Articles 8 to 15 of the immigration law set the conditions and means of obtaining a registration
important at this stage to briefly present entry and stay conditions for foreigners in Morocco.201
card.205 This card is necessary for “all foreigners who wish to settle in Morocco”. It is valid for a
period of one to ten years, renewable for the same period. Public authorities issue three types
In 2003, Morocco adopted a new immigration law: “Law 02-03 Concerning the Entry and
of registration cards: “Visitor Cards” for foreigners who can prove they have sufficient means
Residence of Foreigners in Morocco, and Irregular Emigration and Immigration”. This law came
to support themselves in Morocco, and who agree to exercise no professional activity in the
into force on 20 November 2003 and repealed all previous provisions202 on migration.203 The first
country; “Student Cards” for foreigners who study or are enrolled in school in Morocco, and
article specifies that the application of the law is “subject to the duly published International
who can prove they have sufficient means to support themselves; and lastly, “Migrant Worker
Conventions coming into effect”. The law primarily concerns conditions of entry, stay and exit
Cards” for foreigners who, subject to authorisation, which they must justify, exercise a professional
for foreigners, as well as sanctions in case of violation of these conditions.204 Certain measures
activity in Morocco. To obtain a registration card, it is first necessary to apply to the appropriate
provide for the protection of foreigners, notably by means of appeal, against abusive or
government body206 that is in charge of verifying the conditions related to each category
unfounded decisions to deport or escort them back to the border.
(means of living, work authorisation, etc.). Next, a police investigation is carried out. Only after
this is a registration card issued by police headquarters, which are under the supervision of the
The new law criminalises irregular entry and stay on Moroccan soil: Article 42 provides for 1 to
Ministry of the Interior. Specific procedures for obtaining a migrant worker registration card are
6 months imprisonment and/or a fine for irregular entry. Article 43 provides for 1 to 12 months
detailed further down.
imprisonment and/or a fine for irregular stays. Article 44 provides for 1 to 6 months imprisonment
and/or a fine for all foreigners who do not renew their residence permit upon expiration. Article
Certain foreigners are exempt from registration cards: these are the agents and members of
45 provides for 1 to 24 months imprisonment and/or a fine for all foreigners who do not comply
diplomatic missions, their spouses, ascendants and children, whether minors or not, as long as
with an expulsion order or an order to be escorted back to the border. This criminalisation of
they live under the same roof.207 Foreigners staying in Morocco for less than 90 days are exempt
irregular entry and stay is disproportionate, for it only accentuates the vulnerability of migrants
as well. Please note that the law makes no exception, and provides for no type of residence
and contributes to their exploitation (underpaid – or even forced – labour, human trafficking
permit (even short-term), for asylum seekers who have registered with the UNHCR (or Moroccan
and/or prostitution networks).
authorities) while their requests are being examined. Should the examination of an asylum
application exceed 90 days, the only option is to renew the entry visa (if the person has one,
and entered the country legally). In the contrary case, the law does not seem to indicate any
solution other than irregularity.
199 When examining legal conditions for foreigners in Morocco, we preferred to use the terms «regular
migrant», «irregular migrant» and «refugee» as opposed to «transmigrant» when such persons fall into
categories defined by international or national law and benefit from certain rights. Residence card
200 In order to start up administrative formalities to access social rights (housing, education, etc.), it is often
necessary to provide a photocopy of a residence permit, or at least indicate the number of such Articles 16 to 18 of the law set the conditions for obtaining a residence card. Article 16 specifies
permit.
201 For in-depth examination of entry and stay conditions in Morocco, see K. Elmadmad: «La nouvelle that this card can be issued to foreigners “who can prove uninterrupted residence in Morocco
loi marocaine du 11 novembre 2003 relative à l’entrée et au séjour des étrangers au Maroc et à for four years, in compliance with the laws and regulations in force”. Decisions to grant or
l’émigration et l’immigration irrégulières», EUI/CARIM, 2004 – Source: www.carim.org
202 Khadija Elmadmad, op. cit. refuse residence cards take into account, amongst other things, “the means foreigners have
203 These notably concern: the Decree of 13 November 1914, modified in 1915, concerning persons
entering or staying in the country; the dahir of 15 November 1934 on immigration in the French Zone of to support themselves, the precise conditions of their professional activity, and as the case may
the Shereefian Empire; the dahir of 21 February 1951, which modified and completed the dahir of 15 be, other elements backing their intention to settle permanently in Morocco”. A request for a
November 1934; the dahir of 2 January 1940 regulating the stay of certain persons in the French Zone
92 93
of the Shereefian Empire; the dahir of 16 May 1941 concerning residence permits in the French Zone of
the Shereefian Empire; the dahir of 17 September 1947 on control measures established in the interest 205 This card is commonly referred to as a «residence permit».
of public security; the dahir of 8 November 1949 regulating the emigration of Moroccan workers, and 206 This depends upon the type of registration card filed for: it could be the National Agency for the
lastly, the Ministry of Labour and Social Questions Decree of 17 April 1959 extending immigration laws in Promotion of Employment and Skills (ANAPEC), the Moroccan Agency for International Cooperation
force in the Southern Zone to the former Spanish Zone and Province of Tangiers. (AMCI), the National Social Security Fund (CNSS), the Ministry of Employment, the Ministry of Education,
204 See also: «Euromed Ministerial Conference on Migration: Analytical Note and Recommendations», etc.
EMHRN, 10/10/07 – Source: www.euromedrights.net 207 Article 9 of Law 02-03.

residence card can also be turned down if the foreigner’s presence in Morocco represents a obtaining preliminary authorisation from the National Agency for the Promotion of Employment
threat to public order. The rather vague formulation of these conditions gives the administration and Skills (ANAPEC) in Morocco. Nonetheless, they must be issued a work stamp (“visa de
great discretionary freedom, which is only accentuated by the lack of decrees governing the travail”) from the Moroccan Ministry of Employment (as well a registration card). Temporary
implementation of the law. 208
Moreover, Article 17 establishes a list of categories of persons 209
relocation conditions are generally established in bilateral agreements signed by Morocco and
who have the right to this card, with no particular conditions related to the length of stay, other countries. As a general rule, the duration of an assignment varies from two to three years,
“subject to the regular nature of entry and stay in Morocco (...) except special dispensation”. renewable one time. Differences may exist from one country to another.
It is nonetheless specified that the residence card cannot be delivered 210
to any person whose
presence is a threat to public order. Two, a foreigner may be hired on locally by a Moroccan-based business (regardless of whether
or not it is a foreign subsidiary). In this case, the migrant worker must follow the standard
The law includes refugees who have been granted this status by virtue of the Decree of 19 hiring procedure for foreigners. Indeed, the Labour Code specifies that “employers who wish
August 1957 amongst the persons who have the right to a residence card. However since the to recruit foreign workers must obtain authorisation from the government body in charge of
decree has not been enforced in Morocco, this provision does not apply either. Moreover, the labour”. Nonetheless, Morocco – like the majority of countries in the region – applies a “national
conditionality of legal entry and stay in Morocco, both of which are necessary to obtain a preference principle”. Consequently, foreigners who wish to work in Morocco must first prove
residence card, excludes a good number of refugees. that there are no unemployed Moroccan nationals with a profile that fits the position they
wish to fill. The hiring procedure comprises two phases: first it is necessary to obtain ANAPEC
E.3. Access to the Labour Market for Foreigners authorisation, then obtain a stamp from the Ministry of Employment.
Part IV of the New Moroccan Labour Code adopted on 11 September 2003211 establishes To apply for work authorisation, various documents must be gathered212 such as certified
conditions for hiring “foreign employees”. However, it does not define what a “foreign employee” accurate copies of diplomas and work certificates from previous employers. Once a dossier is
is. By referring back to the definition in Law 02-03, one could reasonably conclude that a complete, it is filed at the agency, which prints the job description in two Moroccan newspapers
“foreign employee” is an employee “who does not have Moroccan nationality and who either (in French and Arabic) in a pre-established format. Candidates must send their candidatures to
has the nationality of another country or has no nationality”. Please note that the Labour Code the newspaper, which in turn transmits them to the ANAPEC. The agency studies the applications
makes no distinction when it comes to hiring “foreigners” as regards status (migrant, refugee or received in order to determine whether or not – depending on the case – one of them might
asylum seeker) or type of residence permit (registration or residence card). Thus, regardless of be suitable for the position advertised. It is only after this phase213 that a foreigner can receive
a person’s administrative situation, the same conditions apply. As we will see, this is not without (or be refused) an ANAPEC certificate. Certain categories of persons are exempt from ANAPEC
repercussions on the right of access to the labour market for refugees. authorisation and can go directly to the Ministry of Employment for a work stamp. These
include Algerian, Tunisian and Senegalese nationals, company managers, joint managers and
A c c ess to the Labour M arket f or M igrants in R egu l ar shareholders, company chairmen and managing directors, persons on temporary assignments,
S ituations spouses of Moroccan nationals and football players.214
Two distinct procedures exist for hiring foreign workers. One, a foreigner can be sent on a Once this certificate has been obtained (or if the migrant is exempted215), it is necessary to
temporary assignment by his/her mother company to a subsidiary in Morocco. In this case, the obtain a stamp216 from the Ministry of Employment which also provides the future employee
employee is subject to the tax laws and contributions in force in the country of origin. Requests with a “model” work contract.217 Migrant workers must supply certain information, including the
for temporary relocations must be filed from within the employee’s country of origin at the local last date of entry into Morocco and duration of current stay, which must not exceed 90 days if
Ministry of Employment or other authorised agency. In this case, workers are exempted from they entered the country with a tourist visa. In addition, it is necessary to present a photocopy
of one’s passport. Authorisation from the ministry (a stamp on the work contract) is only
granted after examination of this dossier. The stamp date is the date from which the contract
208 At the moment of the writing of this study, decrees defining the implementation of the law had not
yet been adopted. Nonetheless, certain persons interviewed indicated that the decrees were in the is valid. Generally speaking, for first-time requests, the ministry delivers one-year stamps, which
preparation phase and would soon be adopted.
209 This list includes: foreign spouses of Moroccan nationals; foreign or stateless children born to a Moroccan
mother (in certain conditions); the father or mother of a child who was born in Morocco, who resides in 212 See complete list of required documents in Annexes D & G.
Morocco, and who has acquired Moroccan nationality (in certain conditions); spouses and underage 213 See full details of ANAPEC procedure in Annex D.
94 95
children of foreigners who have a residence card; foreigners who have been granted refugee status in 214 See complete list of foreigners exempted from ANAPEC procedures in Annex D.
accordance with the Decree of 29 August 1957 implementing the 1951 Geneva Convention, as well as 215 Exemption from ANAPEC procedures does not imply exemption from a work stamp, as explained by
their spouses and underage children; and any foreigner who can prove stable residence in Morocco Mr Jamal El Jirari, at the time Chief of Division at the Ministry of Employment, during an interview with
for over 15 years. the financial daily L’Economiste - Source: K. El Hassani, «Le Maroc durcit les conditions d’emploi des
210 Here the law no longer refers to the possibility of refusing a card (as in Article 16), but an order to deny étrangers», L’Economiste, 19/07/05.
delivery. 216 See copy of Work Stamp Application in Annex F.
211 Law No. 65-99 establishing the Labour Code, promulgated by dahir n°1.03.194. 217 See copy of model Work Contract in Annex E.

automatically puts an end to the work contract after 12 months, even if the initial contract
between the employer and employee covered a longer period.218 After obtaining a work Annex 4219 of ANAPEC regulations provides a list of “foreigners who are exempt from
stamp, foreign employees still need a registration card from police headquarters to regularise ANAPEC authorisation” but this list does not include refugees. Consequently, according
their stay in Morocco. For first-time requests, the duration of the registration card is generally to ANAPEC regulations, even if refugees had residence permits220 they would still need
the same as the work stamp (thus limited to one year). As for employers, they must register the authorisation from the agency before being able to access the Moroccan labour market.
worker with the National Social Security Fund of Morocco (CNSS) and pay social contributions However the administrative requirements for this authorisation are such that numerous refugees
and other labour-related taxes. are automatically excluded. Indeed, many refugees are incapable of furnishing the documents
demanded by the ANAPEC, such as previous work certificates and copies of diplomas, simply
A c c ess to the Labour M arket f or M igrants in because they were unable to take such documents with them when fleeing their countries.
I rregu l ar S ituations Adding refugees to the list of persons exempted from ANAPEC procedures would largely relax
their access to employment. It is interesting to note, however, that the Ministry of Employment
The Labour Code does not explicitly exclude irregular migrant workers from workers’ rights. In presents a list of foreigners on its Internet site221 who, “subject to the presentation of certain
practice, however, the hiring of migrants is conditioned by the “legality” of their status (entry and documents”, might be222 exempted by “the government” from ANAPEC authorisation. Curiously,
stay) because it is compulsory to indicate one’s last date of entry into Morocco and supply a this list includes “political refugees and stateless persons”. Yet this information is neither dated
passport photocopy to obtain a work stamp. Article 521 of the Labour Code provides for a fine nor referenced: it is a simple web communiqué, not an official administrative document.
ranging from 2,000 to 5,000 dirhams (+/- 200 to 500 euros) for anyone who employs a foreigner Furthermore, the text is written in the conditional tense without specifying the nature of the
without ANAPEC authorisation and a stamp from the Ministry of Employment. The same penalty documents required to benefit from this exemption. It is also important to emphasise that this
applies if the contract does not conform to the ministry’s model. Article 518 of the Code states text does not specify the scope of the term “political refugee”, a designation neither found in
that in the case of government refusal to grant work authorisation, the employer undertakes to the 1951 Geneva Convention, nor in the Decree of 29 August 1957, nor used by the UNHCR.
bear the foreign employee’s return expenses to his/her country or country of residence. Law Unfortunately, within the framework of this study, it was not possible to clarify whether or not this
02-03 does not indicate any particular sanctions for employers who hire persons in irregular exemption from ANAPEC procedures had effectively applied to certain statutory refugees.
situations. However Article 51 of the same law provides for 6 months to 3 years imprisonment
and a fine of 50,000 to 500,000 dirhams (5,000 to 50,000 euros) for “anyone who organises or Concerning asylum seekers, there is no confusion possible. This category is neither on the list
assists” a foreigner’s entry into the country. Nonetheless, it seems improbable that this article of persons exempted by the ANAPEC nor on the Ministry of Employment’s list. Asylum seekers
would be applied to employers who hire persons in irregular situations. therefore need ANAPEC authorisation to access the labour market, and face the same
administrative difficulties as refugees. And no matter what, under the current system, asylum
A c c ess to the Labour M arket f or R e f ugees seekers and refugees alike need a work stamp (regardless of whether they are exempted from
ANAPEC procedures) in order to work. But here again, the information and documents required
In practice, due to a number of political, legal and administrative obstacles, refugees and to obtain a work stamp (namely the last date of entry onto Moroccan soil and a copy of the
asylum seekers do not have access to the labour market. Remember, according to Moroccan entry visa) exclude a good number of refugees from the start. The duration of their stay in the
legislation, a refugee is theoretically eligible for a residence card. However, because Decree country often exceeds 90 days and many refugees enter the county irregularly. Moreover, many
No. 2-57-1256 of 29 August 1957 (2 safar 1377) has not been implemented, refugees do not do not have – or no longer have – travel documents.
have the right to such cards. Many civil society groups call for the delivery of residence permits
for refugees. They believe that once permits have been issued, refugees will have access to However, in practice, the question is far from being posed in these terms because refugee status
employment. However upon closer examination of current legislation, it appears that the is still not recognised by Moroccan authorities. Yet even if the principal problems facing refugees
situation is not quite so clear cut. In the absence of specific coherent measures regarding and asylum seekers in Morocco stem from the absence of recognition of their status, this is not
the rights of refugees and asylum seekers, this population is subject to the same regulations
as migrants when it comes to accessing the labour market. The Labour Code confirms this 219 See Annex D - Document available at: ww.anapec.org/preprod/flash/liens.cfm?lien=pdf/Annexe4.pdf
220 Concretely speaking, in the highly hypothetical case that a refugee had a residence permit, there
interpretation, for it merely refers to the employment of “foreigners”. No distinction is made in are no administrative barriers or controls that would prevent the person from being hired. Signing an
relation to the foreigner’s status (migrant, refugee or asylum seeker) or type of residence permit employee up with the National Social Security Fund (CNSS) merely requires a photocopy of a residence
permit, two ID photos, and filling out a specific form (see Annexes). Of course, this would not be conform
96 (registration card or residence card). 97
to legislation, but unless an inspection were to be carried out on the workplace, or verification of the
work stamp requested, the CNSS has no means of knowing whether the employer actually complied
with ANAPEC regulations or obtained a Ministry of Employment work stamp for the refugee in question.
221 See Annex G.
218 Judicial precedents concerning social affairs demonstrate cases where damages or compensatory Available at: www.emploi.gov.ma/def.asp?codelangue=23&info=1011&date_ar=2008-11-13
wage indemnities have been claimed in court further to the expiration of a work stamp, which in certain 222 The ANAPEC list indicates categories of persons who are exempt (and not those who “might be” as in
cases can be considered as an unwarranted redundancy for the foreign employee. the case of the Ministry of Employment list).

their only difficulty as regards accessing the labour market. In addition to the non recognition To sum up the situation, we identified several types of difficulties regarding access to the
of their status, they must overcome the same legal and administrative hurdles as any other labour market for refugees and asylum seekers. Firstly, there are political difficulties related
foreigner. Not acknowledging this fact would be the equivalent of choosing to overlook a series to the unwillingness of certain decision-makers to recognise refugee status and respect the
of major obstacles that hinder access to the labour market for refugees and asylum seekers. rights that ensue from such status. The fear of creating an undesired “magnet effect” which
would only attract new refugees and asylum seekers to Morocco is one of the most commonly
Primar y D i f f i c u l ties R egarding A c c ess to the Labour raised arguments. Others emphasise the already difficult socio-economic situation to justify
M arket Morocco’s refusal to allow refugees and asylum seekers access to the labour market. Second,
we find legal difficulties related to the inadequacy and/or the non-implementation of current
The rules in force in Morocco concerning access to the labour market for foreigners are not legislation concerning refugees and asylum seekers. Generally speaking, there is no legal
designed to facilitate the hiring of foreign workers. The diverse procedures can prove to be framework which takes into account the need for protection for refugees and asylum seekers,
long and painstaking, and all workers (migrants and Moroccan nationals alike) can run into or guarantees any of their rights. Lastly, there are administrative difficulties. As we saw, neither
difficulties when trying to assert their rights. Domestic workers continue to be excluded from the the ANAPEC nor the Ministry of Employment take into consideration the actual reality of many
Labour Code, while other workers still have difficulty exercising effective recourse if their rights refugees and asylum seekers (absence of diplomas and travel documents, irregular entry),
are violated. 223
Nonetheless, the most defenceless categories remain refugees and irregular which therefore automatically excludes these populations. Moreover, these bodies make no
migrant workers. These last persons benefit from no protection whatsoever and are particularly distinction between migrant workers, on one hand, and refugees and asylum seekers on the
vulnerable, notably due to a lack of recourse regarding decisions to be deported or escorted other, whereas the second category should have free access to the labour market, or at least
back to the border. Prison sentences concerning irregular migrants (as provided for in Law 02- be exempted from ANAPEC procedures.
03) are also a source of vulnerability and can lead to human rights violations. In her report on
Morocco, the United Nations Special Rapporteur on the Human Rights of Migrants noted that E.4. Access to Health Care for Foreigners
“the detention of migrants in an irregular situation should under no circumstances be punitive in
nature”.224 Furthermore, such punitive measures are inconsistent with the government’s official There is no specific legislation concerning the access to health care for foreigners in Morocco.
line, which maintains that the fight against human trafficking and exploitation of migrants is a As for Moroccan nationals, the quality of care frequently depends upon one’s financial
priority. Indeed, if irregular migrants (or asylum seekers not registered with the UNHCR) were to means or health insurance scheme. Patients who do not benefit from the basic compulsory
fall victim to human rights abuses, knowing that their irregular status can lead them straight to insurance scheme and who do not have sufficient resources to cover medical services, can
prison (or back to the border), they would not necessarily dare denounce the situation. benefit from a free insurance scheme (RAMED, regime d’assistance médicale) which covers
medical expenses in public hospitals, health centres and other State health services. However
The fact that refugees and asylum seekers do not have access to the labour market is transmigrants in irregular situations do not have access to this scheme, for in order to benefit,
particularly preoccupying. Some have reported “a negative attitude on behalf of the police one must be a Moroccan national or have a residence permit.
who, according to them, will not even let them sell traditional handcrafted objects in street
markets”. They assert that their goods have been seized at markets, and that they have been A c c ess to H ea l th Care f or M igrant W orkers
severely reprimanded or “invited” not to come back. A small number of refugees receive direct
financial aid from the UNHCR, however – primarily due to a lack of means – such aid is only All migrant workers in Morocco who have work contracts are normally registered with the
granted to refugees recognised as particularly “vulnerable” by the UN agency. 225
In most cases, National Social Security Fund (CNSS), and as such benefit from a compulsory health insurance
refugees must rely on funds transferred by family members or uncertain earnings from the illegal scheme (AMO, assurance maladie obligatoire) which covers certain types of medical care.227
work market (primarily precarious jobs performed in difficult conditions ). Many are reduced
226
Nonetheless, some foreign workers prefer to keep their national health insurance scheme, if
to begging. In such contexts, women refugees are particularly vulnerable, notably due to they have the possibility to do so (special funds for persons working abroad), or sign up with a
exploitation in prostitution networks. private scheme.
A c c ess to H ea l th Care f or Foreign S tudents
98 99
223 See report by the United Nations Committee on Economic, Social and Cultural Rights on Morocco, The City of Rabat has the largest number of foreign students in the country, many of whom
dated 4 September 2006 (E/C.12/MAR/CO/3).
224 See paragraph (61) of report, op. cit. are from sub-Saharan Africa. These students have access to the medical-social services at
225 The UNHCR grants direct aid to «vulnerable» persons. According to the agency’s criteria, this includes
the International Students’ Hall of Residence where they can be listened to, find information,
the following categories: single female heads of family, handicapped persons, unaccompanied
underage persons, the chronically ill and elderly. In reality, very few refugees benefit from this aid.
226 Domestic jobs, call centres, farming, construction, food services and «porters» at markets. 227 For more information, see: www.cnss.ma/index.php

and be redirected towards other health care facilities. The Moroccan Agency for International the Moulay Youssef Hospital, where the treatment of tuberculosis and related hospitalisations
Cooperation (AMCI) participates towards medical expenses of students who have cooperation is free of charge due to the fact that the hospital receives aid from the National Programme
scholarships and reimburses up to 50% within a limit of 1,000 Dirhams per year (+/-100 euros) for Against Tuberculosis.
health care, and 300 Dirhams (+/- 30 euros) for eyeglasses. Nonetheless, certain students in other
cities of Morocco complain about the inaccessibility of health care in terms of both cost and Of the 27 primary public health care facilities in Rabat, 13 accept transmigrants, who benefit
distance. from free consultations just like Moroccans who live in the same area. Indeed, in four of these
centres,232 transmigrants represent between 5% and 10% of patients. Community clinics233 and
A c c ess to H ea l th Care f or M igrants in I rregu l ar health centres provide primary health care and free general consultations for local inhabitants.
S ituations and R e f ugees Areas covered by the centres are determined administratively and strictly delimited in relation
to the number of local inhabitants. It is essential to live in an area covered by a centre in order
There is no particular health insurance scheme for migrants in irregular situations or refugees. to benefit from free care.
Nonetheless, in 2003, the Ministry of Public Health issued a directive 228
entitled, “Health Status
Monitoring of Clandestine Immigrants at Borders”. Primarily intended for border police, the Transmigrants and health
circular lays out the principle of non-discrimination and provides for medical care in the case of The 2005234 MSF-Spain report confirmed numerous cases of complications following clandestine
epidemics.229 The circular was not initially sent out on a wide-scale basis to provincial Ministry of abortions.A study carried out by the Ministry of Public Health/UNAIDS in 2007 on the vulnerability235
Health delegations, but recent civil society actions and support from the Ministry of Health have of transmigrants to HIV showed that numerous women were victims of sexual violence during
helped circulate this information amongst health centres, particularly in Rabat. their migratory journeys, particularly in border zones and forest regions. In Rabat, counselling is
offered to victims of sexual assault at the Caritas-Morocco migrant reception centre. During the
In addition, the UNHCR has developed a number of partnerships with civil society organisations, course of their journeys, many women “fall pregnant” and decide to keep the child. Preferably,
such as the Pan African Organisation Against AIDS (OPALS), in order to ensure health care they give birth in big city clinics (La Maternité Souissi and Orangers in Rabat, and the University
access for refugees. Other organisations such as Caritas, MdM, MSF and the Red Crescent have Hospital in Casablanca), where they are well treated even if they only stay for 12 hours on
implemented programmes aimed at facilitating health care access for migrants. Interviews with average when there are no complications. However, women who do not pay their hospital
civil society actors revealed that disparities exist regarding transmigrants’ access to health care fees upon leaving the hospital are not issued birth certificates. This can be problematic for the
based on their geographical zone of residence. Access to health centres is easier in towns such mother because she cannot prove that the child is hers. In order to avoid this problem, certain
as Rabat and Casablanca than in border areas (Oujda, Tangiers, Nador, Tetuan and Laayoune), organisations intervene and pay part or all of a mother’s hospital fees to ensure the delivery of a
where the presence of the police, or even the army, is far greater (notably due to the proximity birth certificate. In the case of refugee women, the UNHCR guarantees – via its partnership with
of Ceuta and Melilla, and the Western Sahara). Reticence to go to such facilities is also related OPALS – that these women receive the necessary medical care and obtain birth certificates.
to the fear of being arrested, detained, and even deported from Morocco. Nonetheless, though
transmigrants are not always sufficiently informed about the health care possibilities available As for contraception, its use is far from widespread. In 2007, an MSF team offered the quarterly
to them, they do not hesitate to use such facilities in emergencies. Women generally give birth administration of an injectable progestogen contraceptive, Depo-Provera®, to women who
in hospitals, even if they only stay several hours. had access to their services. This product guarantees efficient protection and is generally well
tolerated.
Health care facilities in Rabat and Casablanca
The Casablanca region has 77 city health centres, 6 general hospitals with 2,189 beds, and 4 HIV infection
specialised hospitals with 870 beds, including one children’s hospital. 230
In 2007, MSF-Spain carried According to the survey carried out in 2007 by Dr Hajji in the framework of a study on HIV and
out a survey in Casablanca in collaboration with the Moroccan branch of Friends and Families migrant vulnerability, the treatment of AIDS is ensured through a health care network especially
of the Victims of Clandestine Immigration (AFVIC) on the needs of transmigrants. The survey set up for this purpose. Treatment is accessible for both migrants and the overall population.
estimated that approximately 2,000 transmigrants lived in the city. Hospitals are self-managed “This concerns the districts of Casablanca and Rabat which stand out as regional references
and rely on patients’ fees 231
to cover overhead. All hospitals are paying, with the exception of
However, due to the precarious living situations of some, including refugees, such coverage is impossible.
This explains why certain hospitals are opposed to the elimination of indigenous status.
100 101
228 See copy of directive in Annex H. 232 The case of the Al Farah Health Centre in the Douar Hajja neighbourhood of the Takadoum district is
229 Cf. Annex H. particularly instructive.
230 Morocco has 2,163 doctors in the private sector, including 1,100 general practitioners and 101 233 According to the medical directory of the Rabat Ministry of Health Delegation, urban community
paediatricians. clinics have 2 general practitioners and 8 nurses or nurses’ aids.
231 All health care is on a payment basis. Nonetheless, certain hospitals continue to administer free care to 234 MSF-Spain report, «Violences et immigration : Rapport sur l’immigration d’origine subsaharienne en
persons who previously benefitted from indigenous status, despite the fact that the health care system situation irrégulière au Maroc», MSF, September 2005.
reform did away with this status. Under the new system, all persons are obliged to have health insurance. 235 Vulnerability study.

in the treatment of AIDS, in particular the Tangiers and Oujda centres. These centres work hand little possibility to voice complaints. These persons are often victims of violence-related physical
in hand with other health care facilities such as maternity hospitals and paediatric services.” traumas, whether during their migratory journey or within the context of recent massive arrest
For transmigrants, access to this care has been made possible thanks to the commitment of operations in Morocco. According to a MSF-Spain report, of 9,350 medical consultations for
associations such as the Moroccan Association for the Fight Against AIDS (ALCS), MdM, MSF, transmigrants (from April 2003-May 2005), 2,193 were related to violent actions; while 23.5% of
OPALS and the Moroccan Red Crescent. A national strategy that includes transmigrants has not persons treated in border zones237 had been direct or indirect victims of violence.
yet been determined, however recommendations236 have been published.
E.5. Civil Society Actions

D i f f i c u l ties E n c ountered b y T ransmigrants
In addition to the United Nations agencies in Morocco, such as the UNHCR, numerous
Field visits to health centres and interviews carried out with doctors and civil society heads organisations actively assist migrants and refugees. The International Organisation for Migration
of missions enabled us to identify the particular difficulties encountered by transmigrants in (IOM) intervenes primarily within the context of “voluntary” returns.
accessing health care. Such difficulties are financial, administrative and relational. As seen
earlier, consultations are free but medication rarely is, and the cost of hospitalisation is too high The majority of civil society organisations concentrate on medical, psychosocial and material
for most transmigrants. assistance for transmigrants. Nonetheless, some organisations offer training (computer) or
organise cultural activities. Others provide legal assistance to migrants and/or refugees. At
Administrative issues: the question of residence (having an address) present, legal aid is little developed, but initiatives to develop networks and organise public pleas
Consultations in health centres are free for Moroccan nationals and migrants who live in the are starting to spring up and deserve support. Lastly, actions to raise awareness (conferences,
geographical proximity of a centre. This applies to transmigrants as well, but the situation seminars, training, etc.) are organised for journalists238 and jurists on a regular basis, as well as for
becomes inextricable when they cannot provide proof of address. Doctors in health centres the general public. Pleas to political authorities are sometimes organised as well.239
say they do not wish to make exceptions to this rule for sub-Saharan Africans, when they do not
do so for Moroccans. They fear medical “nomadism” and do not want to treat patients from Con c erning A c c ess to the Labour M arket
districts which depend on other centres. The problem of an address is even greater for health
centres located in neighbourhoods with large transmigrant populations who have been there The UNHCR has various projects aimed at relaxing access to the labour market for refugees.
for some time, for these patients are likely to come back for consultations. Very often, doctors To this end, contact has been made with the Moroccan Ministry of Employment and business
agree to see a patient for a first consultation, but demand proof of address for the following directors’ associations. In addition, the UNHCR can grant modest financing to refugees to set
visits. In centres that handle large numbers of patients, transmigrants can be considered an up “micro-projects”, the goal being to help them meet their needs.240 To support this initiative,
extra burden, especially if the doctor must face linguistic and/or relational issues as well. a partnership agreement was signed on Wednesday, 20 February 2008 between the UNHCR
in Rabat and a private NGO called the Association Marocaine d’Appui à la Promotion de la
Relational issues Petite Entreprise (AMAPPE),241 an association which promotes and supports small businesses in
Recurrent round-ups of transmigrants, escorts back to the border, and intensive media coverage Morocco. The objective of this agreement is to create activities that will generate revenue for
of the sub-Saharan migratory phenomenon – which a certain press rushes to condemn – are refugees who are recognised by the UNHCR, and help them start up micro-projects. Within this
all factors which can reinforce mutual distrust between Moroccan health care personnel and context, refugees are also eligible for training, for example, on project management. Another
transmigrants. In health centres, medical treatment primarily relies on verbal consultations.
Auscultation is uncommon and the quality of care depends upon the level of communication 237 In Tangiers, Nador and Oujda: medinas, city outskirts (such as Mesrana) and forests (Bel Younech near
Ceuta, and Gourougou near Melilla). These persons suffer from exhaustion, dehydration, sunstroke and
between the doctor and the patient. Certain patients from English-speaking countries (Nigeria, hypothermia, poisonous bites (serpents, scorpions), intoxication, drowning, wounds from falls, rape, burns
and miscarriages. “Violences et immigration : Rapport sur l’immigration d’origine subsaharienne en
Ghana and Liberia) do not speak French and have difficulty explaining their problems to health situation irrégulière au Maroc”, MSF, September 2005, p.6.
staff. The same often applies to patients from West Africa (Mali, the Niger, etc.). 238 For example, Panos Institute Paris organised an advanced workshop for journalists in partnership with
the Orient-Occident Foundation on the theme of migration and press coverage. Journalists from
seven countries participated (Black Africa, North Africa, France and Spain).
239 A meeting was organised in 2008 on this topic by a platform of Moroccan organisations at the Moroccan
Security issues Parliament, with members of the Parliamentary Human Rights Commission and a group of migrants and
Interviews with transmigrants have shown that men, like women, are often victims of physical refugees. The UNHCR organised a seminar in partnership with the Advisory Council on Human Rights
(CCDH), and other seminars were organised in 2007 and 2008 by the Moroccan Organisation for Human
102 violence, especially in border zones where their rights are frequently violated. The fact that 103
Rights (OMDH) and Moroccan Association for Human Rights (AMDH).
240 Financing is granted further to various evaluation phases concerning project feasibility and
they are clandestine only increases their vulnerability because their irregularity leaves them viability. There are nearly 55 financed projects, while 40 requests were being studied at the
time of the writing of this study. The average financing granted by the UNHCR is 7,000 Dirhams
(+/- 700 euros) per project.
236 See recommendations in, «Evaluation de la situation de la mobilité et du VIH au Maroc», M. Lahlou, C. 241 The objective of AMAPPE, an association created by volunteers in 1991, is to contribute to the durable
Escoffier, N. Hajji, Ministry of Public Health – UNAIDS, November 2007. economic and social development of Morocco.

partnership was concluded with the Orient-Occident Foundation (FOO),242 the goal being to have done a remarkable job mediating between Moroccan practitioners and patients. Part
provide specialised professional training for refugees, namely in the service sector (advanced of their mission consists in raising the level of awareness of health care providers as regards
computing and networks, small business management, handcrafts workshops, and Arabic migrants and refugees, and informing persons who need medical care of the different options
language classes). Nonetheless, certain refugees have expressed reservations about such available to them.
training programmes. They recognise the quality, but remain sceptical as to the true utility of
such training as long as it is impossible for them to access the labour market. Furthermore, aid E.6. Recommendations:
granted within the framework of micro-projects is insufficient to launch a project. This raises the
question of the link between access to training (and education in general) and access to jobs. I nternationa l I nstruments :
Moroccan associations such as the Moroccan Association for Human Rights (AMDH), the • Transpose and implement the ratified International Conventions, in particular the Geneva
Moroccan Organisation of Human Rights (OMDH), the Groupe Antiraciste d’Accompagnement Convention concerning refugee status and the International Convention on the Protection
et de Défense des Etrangers et Migrants (GADEM), an antiracist group assisting and defending of the Rights of All Migrant Workers and Members of Their Families.
foreigners and migrants, and the Béni Znassen Association for Culture, Development and
Solidarity (ABCDS) all actively support human rights, and more specifically the rights of migrants • Hand in the initial report (awaited since 2004) to the United Nations Committee on the Rights
and refugees. Allowing refugees access to employment is part of their plea. of All Migrant Workers.
The Moroccan Red Crescent (MRC) is developing a support programme for vulnerable • Ratify and implement ILO Conventions, in particular Conventions No. 97 and No. 143 on
communities, primarily intended for migrants. The objective is to raise public awareness, labour migration and complementary measures for migrant workers, respectively.
educate and inform, and provide support to the migrant community. The Moroccan Association
for Studies and Research on Migration (AMERM) has developed a project in order to perform M igrator y p o l i c ies whi c h res p e c t human rights :
studies, organise seminars and develop a database for this population in partnership with
other organisations. This project involves transit cities such as Figuig, Oujda, Nador, Rabat and • Review Law 02-03 in light of comments made by the United Nations Special Rapporteur on
Casablanca. Other initiatives exist to consolidate refugees’ capacities and make their access the human rights of migrants. In particular, repeal measures instigating prison sentences for
to the labour market easier. Within the framework of this study, it was not possible to draw up an the irregular crossing of borders and irregular stays. Ensure the adoption, application and
exhaustive list and the initiatives mentioned here are only given as examples. respect of decrees which set forth the conditions of implementation of the law.
R egarding a c c ess to hea l th c are • Guarantee effective means of recourse against orders of expulsion or orders to be escorted
back to the border. Ensure that the introduction of such recourse has a suspensive effect on
Multiple international, Moroccan and sub-Saharan NGOs fight in favour of transmigrants’ expulsion orders.
right to health care. Rabat now has several associations which carry out medical actions,
including Caritas-Morocco, the Protestant Church, MSF-Spain, MdM-France, Terre des Hommes- • Institute measures that specifically guarantee the respect of migrants’ rights (access to
Switzerland, the ALCS, OPALS (for refugees recognised by the UNHCR) and the Moroccan Red health care, the right to a family life, etc.) within the framework of a global migratory policy
Crescent. Since 2005, certain associations in Rabat (Caritas-Morocco, MdM, ALCS, and MSF) which encompasses all aspects of migration, and not only security.
have actively campaigned to make access to medical care in public health facilities easier for
migrants and refugees. The principle is neither to replace public facilities, nor duplicate existing • Draw inspiration from efforts made to defend the rights of Moroccan nationals abroad
services, however due to the particular difficulties that transmigrants are confronted with in and ensure their representativeness in order to help implement policies and instruments
border zones, MSF provides direct health care to migrants and hands out free medication. guaranteeing the respect of foreigners in Morocco.
In Rabat, associations have tremendously helped in taking stock of the supply and demand
for health care amongst migrants and refugees. These groups do their best to ensure
104 complementary follow-up and intervene financially to facilitate access to health care. They 105
242 The FOO is a non-profit state-approved organisation. Founded in 1994, it now has 5 centres throughout
the country, including a branch in Rabat (created in 2001) near the Al Manal district, which is where the
majority of transmigrants are concentrated.

A s y l um p o l i c ies whi c h res p e c t internationa l • Circulate information amongst employers and unions explaining the procedures and
humanitarian l aw : conditions of access to the labour market for migrant workers, including the need for a
registration card. It would be helpful if all administrative information (ANAPEC, work stamp,
• Update the Decree of 29 August 1957 setting forth the conditions of application of the and registration card procedures) were regrouped in one single place (possibly an Internet
Geneva Convention, adopt laws that guarantee the respect of rights ensuing from refugee site). An information campaign on migrants, their rights and obligations, could be launched
status, and ensure adequate protection for asylum seekers. Within this context, consult the as well.
UNHCR and other civil society organisations for greater transparency.
A c c ess to hea l th c are :
• Clearly distinguish between treatment reserved for refugees and asylum seekers on one
hand, and migrants on the other, in order to eliminate any risk of legal or administrative • Launch information campaigns amongst health care personnel in health centres and
confusion and guarantee refugees and asylum seekers full access to their rights. general practitioners regarding the rights of refugees and migrants.
• Launch training and information campaigns within administrations and for the general • Carry out information campaigns amongst migrant workers on their rights to health care,
public in order to promote the respect of refugee rights. Implement protection instruments notably within the context of Compulsory Health Insurance (AMO).
to ensure these rights.
• Inform foreign students of the specific means of access to health care available to them.
• Implement specific mechanisms for the protection and care of women refugees who are
victims of violence. • Update the circular concerning the access to health care for foreigners and ensure that this
information is sent to health centres throughout Morocco.
A c c ess to the l abour market and the p rote c tion o f
workers : • Take into consideration the linguistic communication difficulties that doctors who treat
migrants are confronted with. Offer English classes to doctors, provide information documents
• Abolish all conditional measures based upon legal entry and/or stay which govern the in the native languages of migrants, and recruit cultural mediators.
access of rights for refugees and asylum seekers.
• Clarify the cultural differences that might affect communication between medical staff and
• Guarantee free access to the labour market for refugees and asylum seekers. Harmonise migrants, refugees and asylum seekers, and as a result affect both diagnosis and treatment.
laws and administrative measures concerning access to the labour market for foreigners in Take into account the linguistic difficulties these populations can be confronted with.
light of asylum legislation. Take into account the particular situation of refugees and their
incapacity to furnish certain documents. Exempt refugees and asylum seekers from ANAPEC • Reinforce emergency services. Nonetheless, it is essential to ensure ongoing health care
procedures as well as from the obligation to obtain a work stamp. which is no less effective once the emergency situation is over.
• While waiting for such measures to be implemented, deliver residence permits to refugees, • Launch information and prevention campaigns amongst the most vulnerable populations,
and enable employers to hire them without authorisation from either the ANAPEC or the including migrants in irregular situations, refugees and asylum seekers, concerning infectious
Ministry of Employment. diseases and the means of protection against them. Carry out information campaigns
amongst migrant women and refugees regarding contraception and reproductive health.
• Launch information campaigns amongst employers and unions in order to inform them of
the various procedures related to the hiring of refugees and asylum seekers, as well as their • Implement measures that guarantee effective protection for migrants (as well as refugees
specific rights. and asylum seekers) against expulsion or being escorted back to the border, should this
endanger their health state.
• Implement effective mechanisms to fight against the exploitation of migrant workers
106 107
(including those in irregular situations), refugees and asylum seekers. Include domestic work
in the Labour Code. Particular attention should be paid to the exploitation of women within
the framework of prostitution networks and forced labour. Repeal measures providing for
prison sentences for irregular migration.

ANNEXES
A nnexe A: A nnexe B :
L ist of abbreviations L I S T O F N G Os
ABCDS Béni Znassen Association for Culture, Development and

Solidarity (Morocco)
IOM International Organisation for Migration
EUROPEAN/ Medimmigrant
JRC Jordanian Red Crescent Society
AEDH European Association for the Defense of Human Rights INTERNATIONAL This Belgium-based non-profit organisation is committed to obtaining the
MdM Médecins du Monde
AFVIC Friends and Families of the Victims of Clandestine
MDW Migrant Domestic Workers
ORGANISATIONS: right to health care for people without legal residence permits. It campaigns
for this right being embedded in legislation and concretely implemented
Immigration (Morocco)
amongst social services, institutions and structures. It pushes for a migration
ALCS Association for the Fight Against AIDS (Morocco) MoH Ministry of Health PICUM
and immigration policy that takes account of the medical needs of these
AMCI Agency for International Cooperation (Morocco) MoL Ministry of Labour people. The association offers its services to undocumented migrants (people
The Platform for International Cooperation on Undocumented Migrants aims
AMDH Moroccan Association for Human Rights MOPIC Ministry of Planning and International co-operation who do not possess a valid residence permit for Belgium), and migrants in
to promote respect for the basic social rights of undocumented migrants
precarious situations (people who possess a temporary residence permit, but
AME State Medical Aid (France) MOU Memorandum of Understanding within Europe; promote respect for the basic social rights such as the right to
who are in vulnerable situations). The organisation provides assistance by
MRC Moroccan Red Crescent health care, the right to shelter, the right to education and training, the right
AMERM Moroccan Association for Studies and Research on Migration telephone and can actively mediate to speed up access to health care.
to a minimum subsistence, the right to family life, the right to moral and
AMO Compulsory Health Insurance (Morocco) MSF Médecins Sans Frontières www.medimmigrant.be
physical integrity, the right to legal aid, the right to organise and the right
ANAPEC National Agency for the Promotion of Employment and Skills NCHR National Centre for Human Rights to fair labour conditions of undocumented migrants; promote regularisation
(Morocco) Médecins du Monde
of undocumented migrants; promote respect for human rights and humane
NGO Non-Governmental Organisation
BRA Bureau for Refugees and Stateless Persons (Morocco) treatment during the process of involuntary return of undocumented migrants.
Present in 11 countries of the EU, this association believes that access to
www.picum.org
CASO Médecins du Monde Health Care Centres NLC National Labour Committee health care is a fundamental right. Its objective is to obtain the same right
CDD Fixed-Term Contract (France) OAU Organisation of African Unity to health care for all in every European country, in particular for populations
MIGHEALTHNET – Information Network on Good Practice in
living in the most precarious situations, regardless of their status. It aims at
CEDAW Convention on the Elimination of all Forms of Discrimination OFPRA French Office for the Protection of Refugees and Stateless Health Care for migrants and minorities in Europe
achieving better access to health care for migrants, in particular children, and
Against Women
OIWAS Organisation for the Integration and Welfare of Asylum the non-expulsion of persons with severe illnesses who cannot be treated in
CESEDA Code for the Entry and Residence of Foreigners and the Right Seekers This Internet site financed by the European Union aims to give professionals,
their country of origin by guaranteeing them access to care on European soil.
of Asylum (France) policy makers, including health authorities, researchers, educators and
OMDH Moroccan Organisation of Human Rights
representatives of migrant and minority groups easy access to a dynamically
CFDA French Committee for the Right to Asylum
OPALS Pan African Organisation Against AIDS (Morocco) evolving body of knowledge and a virtual network of expertise. It contains
CHU University Hospital
PICUM Platform for International Cooperation on Undocumented information about migrant and ethic minority health in Belgium. The project J O R DA N :
CMU Universal Medical Coverage (France) Migrants is being set up in 16 countries and is supported by the EC’s Directorate-
QIZ Qualified Industrial Zone (Jordan) General Health and Consumer Protection (DG SANCO). The site aims to be a Local organisations:
CNCDH French National Advisory Commission on Human Rights
knowledge base for researchers, professionals, political decision-makers and
CNSS National Social Security Fund of Morocco RAA Recruiting Agents Association all other users concerned with migrant and ethnic minority health. Its aim is Mizan: Law Group for Human Rights,
EC European Commission RAMED Free Insurance Scheme (Maroc) to stimulate the formation of networks between individuals and organisations http://www.mizangroup.jo/
concerned with migrant and minorities. Specific themes include health care legal aid, public awareness, lobbying, advocacy
ECHR European Court of Human Rights RBD Residency and Boarders Directorate
quality: good practices designed to improve health care for migrants and
EIDHR European Instrument for Democracy and Human Rights RFA Law The Residence and Foreign Affairs Law minorities, access to health care, and migrant and minority health indicators. National Centre For Human Rights,
EMHRN Euro-Mediterranean Human Rights Network RSD Refugee Status Determination Migrant Rights International (MRI) is a federation of migrant and migrant rights http://www.nchr.org.jo/index.php
organizations, trade unions and faith-based groups. Its principal objectives legal aid, public awareness, documenting and publishing violations,
ENP European Neighbourhood Policy STDs Sexually Transmitted Diseases
are to: promote the recognition and respect for the rights of all migrants and lobbying, advocacy
EU European Union SWC Special Working Contract members of their families who have no social protection; advocate for the
FOO Orient-Occident Foundation (Morocco) TPR Temporary Protection Regime ratification and implementation of the UN International Convention on the Friend of the Working Women Association, Amman,
Protection of the Rights of Migrant Workers and Members of Their Families. Tel: 5548264
GADEM Groupe Antiraciste d’accompagnement et de défense des TUWTGCJ Trade Union of Workers in Textile, Garments and Clothing
étrangers et migrants (Morocco) Industries in Jordan In 1998, the organisation launched a Global Campaign for the Ratification public awareness, documenting violations
of the UN Migrant Workers Convention (publication of a Campaigner’s
GBV Gender Based Violence UCIJ United Against Throw-Away Immigration (France)
Handbook advocating ratification); and advocated for the creation of the UN Recruiting Agency Association, Amman,
GOJ Government of Jordan UNFPA United Nations Population Fund Special Rapporteur on the Human Rights of Migrants. Tel: 5527603
ICESCR International Covenant on Economic, Social and Cultural UNHCR United Nations High Commissioner for Refugees www.migrantwatch.org public awareness, monitoring the work of MDWs recruiting agencies
Rights
UNIFEM United Nations Development Fund for Women
ICPD International Conference on Population and Development The Trade Union of Workers in Textile, Garments and Clothing Industries in
110 UNRWA United Nations Relief and Works Agency Jordan (TUWTGCJ), 111
ICRMW International Convention on the Protection of the Rights of All http://www.jtgcu.org
Migrant Workers and Members of Their Families UPM Union for the Mediterranean
advocating migrant workers’ rights, providing health care
ILO International Labour Organisation USW United Steel Workers
IMC International Medical Corps WMDW Woman Migrant Domestic Worker Noor Al Hussein Foundation,
http://www.nooralhusseinfoundation.org/
psychosocial support
MOROCCO: Observatoire Civil de l’Immigration et du Développement (Civil Observatory
on Immigration and Development)
Adaleh Centre for Human Rights, Amman, Tela Al-ali.
ABCDS-Oujda
Info@Adaleh-center.org This NGO is active in the realm of immigration and development. It carries out
The Béni Znassen Association for Culture, Development and Solidarity
public awareness information campaigns geared at young people and government bodies to
provides humanitarian and legal assistance. This association stands out for
inform them of the dangers related to immigration. It also provides assistance
its work in the field with migrants in the northeast of Morocco.
Jordan Red Crescent Society, to clandestine immigration victims (sub-Saharan) by making their stay in
www.jordanredcrescent.org detention centres before being deported more humane.
ADFM
health care
Website: www.adfm.ma
OMDH - Site web: www.omdh.org
The Democratic Association of Women in Morocco aims to defend and
Jordanian Women’s Union (JWU) The Moroccan Organisation of Human Rights strives to ensure the respect of
promote women’s fundamental human rights. It works for women’s strategic
shelter for women subject to abuse the primacy of law and the constitutional state by consolidating the judicial
interests at the political level in order to change laws, policies, practices and
power’s independence and impartiality.
attitudes via the integration of gender equality.
I nternational AFVIC
OPALS
The Pan African Organisation Against AIDS, a partner of the UNHCR in
organisations : Website: www.afvic.info
Friends and Families of the Victims of Clandestine Immigration work to
Morocco, primarily provides health care to refugees.
raise the population’s awareness regarding human rights and clandestine

Caritas PATERAS DE LA VIDA
immigration. It also provides legal support and counselling to migrants.
http://www.caritas.org/worldmap/mona/jordan.html This organisation for development and cultural exchange in the province of
medical care, gender awareness training/HIV-AIDS counselling Larache carries out a number of actions in this region to inform inhabitants of
AMDH
the dangers of clandestine emigration.
Website: http://www.amdh.org.ma/
CARE,
The Moroccan Association for Human Rights strives to raise public awareness
http://www.careinternational.org.uk/10977/jordan/care-in-jordan-.html Terre des Hommes
on human rights, and denounces and condemns human rights violations
psychosocial care Non-governmental French organisation with headquarters in Morocco which
by trying to provide support for persons who have been victims of physical
provides assistance to migrants.
violence.
Catholic Relief Services,
www.crs.org/jordan
AMERM
health care
Website: http://www.amerm.asso.ma/ FRANCE:
The Moroccan Association for Studies and Research on Migration provides
International Catholic Migration Commission (ICMC)
expertise in the realm of migration and promotes multidisciplinary research
health care
on the migratory phenomenon. GISTI:
www.gisti.org
International Medical Corps,
ASMD
http://www.imcworldwide.org/section/work/middle_east/jordan
Association sud pour la migration et le développement (Southern Association Cimade:
for Migration and Development). Created in 2007 (2005: a cell of Alter www.cimade.org
Mercy Core,
Forum), this organisation provides social and humanitarian aid and support
Tel: 5343077, 4388324
to migrants transiting through southern Morocco (Laayoune, Esmara, Forum Réfugiés:
psychosocial, counselling
Dakhla, Boujdour, etc.). www.forumrefugies.org
International Japanese Community Development Fund, Zarqa,

Caritas Morocco ODSE (Observatory for Foreigners’ Right to Health):
Tel: 3931106
Non-governmental organisation providing assistance to vulnerable www.odse.eu.org
psychosocial, counselling
populations, including refugees and migrants.
Médecins du Monde,
Near East Foundation,
Orient-Occident Foundation (FOO) European Observatory on Access to Health Care (Averroes Project), 2005-
http://www.neareast.org/main/countries/cr_87.aspx
This non-governmental organisation and partner of the UNHCR offers 2008:
personal hygiene of children under the age of 6
professional training for refugees and organises cultural activities. www.medecinsdumonde.org
Questscope, http://www.questscope.net/index.html
GADEM Comede
psychosocial care for unaccompanied children
Groupe antiraciste d’accompagnement et de défense des étrangers et (Medical Committee for Exiled People):
migrants (Antiracist Group Assisting and Defending Foreigners and Migrants) www.comede.org
is an antiracist association whose mission is to promote the effective
implementation of migrant rights. Its actions include the observation and LDH: Human Rights League:
analysis of migratory policies and their consequences, awareness-raising www.ldh-France.org
campaigns, pleas, and legal and judiciary actions.
MdM – France
Medical organisation providing assistance to migrants and refugees in
112 113
Morocco.
MSF – Spain
Medical organisation providing assistance to migrants and refugees in
Morocco.
A nnexe C: A nnexe D :
LIST OF PUBLICATIONS ANAPEC DOCUMENTS – MOROCCO
D ocuments related D ocuments related Preliminary work authorisation

for foreign employees in MOROCCO
to access to the to fundamental
labour market human rights 1) Phase 1: Filing a request. Requests for preliminary work authorisation for foreign employees must be carried out by the hiring Company at the National
Agency for the Promotion of Employment and Skills (ANAPEC) (Division A/E).
• “Ten ways to protect undocumented migrant workers”, PICUM, 2005 • Annual Report 2008, European Union Agency for Fundamental Rights
• “Undocumented migrants have rights! An overview of the international European Monitoring Centre on Racism and Xenophobia (EUMC) Requests are recorded in a specific register after verification of the documents supplied by the Company.
human rights framework”, PICUM, March 2007 • “Furthering human rights and democracy across the globe”, EU, External
• “Travailleurs sans-papiers: un guide des droits”, OR.C.A, ABVV, ACV Relations The dossier is comprised of the following documents:
www.orcasite.be • “Analytical note in view of the first Euromed Ministerial Conference on a. Written request by the Company addressed to the Director of the ANAPEC including first name, last name and profession of the future foreign employee.
• «The EU’s immigration and asylum policies at the cross-roads: Migration, Evaluation and Recommendations”, EMHRN, October 2007 b. Certified copies of diplomas and work certificates.
The European Pact on Immigration and Asylum and the European • “Human Rights in the EU-Morocco Action Plan under the European c. Foreign employee’s résumé.
Commission’s June 2008 communications on immigration and Neighbourhood Policy, Evaluation and recommendations for the d. Job description: filled out and validated by Company (Annex 1).
asylum», Amnesty International EU office, 2008 implementation of the Action Plan”, EMHRN, November 2007 e. Job description for position (Annex 2) in two newspapers (one French-speaking and one Arabic-speaking).
• «The EC Directive on the reception of asylum seekers: Are asylum seekers • “Violence Against Migrant and Refugee Women in the Euromed Region.
in Europe receiving material support and access to employment in Case Studies: France, Italy, Egypt & Morocco”, EMHRN Report, December 2) Phase 2: Publication of job offer and reception of applications. The job offer is published by the Company in the national press. Applications are returned
accordance with European legislation?», ECRE AD3/11/2005/EXT/SH 2008 by candidates to the newspaper, which transmits them to the ANAPEC.
• «Proposals for revisions to the EC directive on the reception of asylum • “Asylum and Migration in the Mashrek”, EMNRH Report, December 2008
seekers», ECRE CO2/5/2008/Ext/MDM/PC • Arango J., Martin P., Martin S. et al, “Policy Recommendations for EU Applications must be received 10 days following the last publication date.
• «Comparative overview of the implementation of the directive of 27 migration policies», King Baudouin Foundation, Brussels, 2001 During this time, an in-depth search is carried out in our centralised database for unemployed persons with suitable profiles.
January 2003 laying down minimum standards for the reception of • Aides aux personnes déplacées, Centre social de protection, Jesuit The list extracted from the ANAPEC database which corresponds to the job description is sent by email to the specific agencies that handle these persons’
asylum seekers in the EU member states», Academic Network for Legal Refugee Service (JRS) Belgium, French-speaking Belgium LDH, dossiers.
Studies on Immigration and Asylum in Europe; Institute for European Mouvement Contre le Racisme, l’Antisemitisme, la Xenophobie (MRAX), Likewise, the job advertisement is posted on the ANAPEC website for unsolicited applicants.
Studies (IEE) of the Université Libre de Bruxelles Point d’appui, Service social de solidarité socialiste, Vluchtelingenwerk
• “Synthèse des éléments essentiels soulevés dans le cadre de la rencontre Vlaanderen, “Centres fermés pour étrangers: état des lieux”, October 3) Phase 3: Processing of applications. Based on the list extracted from the job management database (SIGEC) and the applications sent to the newspaper,
entre experts et décideurs politiques sur la migration circulaire”, Florence, 2006 the agency examines candidate profiles and preselects a group of candidates who could respond to the job description.
January 2008
Another interview might be organised in view of a preselecting a second group and verifying candidates’ availability.
Following this interview, a report is made on the global operation, accompanied by the list of preselected candidates.
D ocuments related
to access to health 4) Phase 4: Issuance of certificate. Following the processing of applications, individual reports are verified and one of the following decisions is applied:
care for migrants Case No. 1: If no candidate profiles correspond to the job offer, a positive certificate (absence of candidates) is issued by Division A/E of the Agency.
and refugees Case No. 2: If one or more profiles correspond to the job offer, the list of preselected candidates is transmitted to the Company for interviews and recruitment.
Case No. 3: If the Company esteems that the preselected candidates do not correspond to the recruitment profile, a report is written and transmitted to the
• “Access to health care for undocumented migrants in Europe”, PICUM ministry for a final decision.
Report, 2007 Exceptional cases:
• “L’assurance maladie pour les personnes en séjour illégal”, Medimmigrant The following categories of persons are exempt from preliminary authorisation:
• «How HIV-positive people with an uncertain residence status survive in
Europe, You can speak» (See List in Annex 4 of ANAPEC regulations)
• “Grossesse, accouchement et soins postnataux”, Medimmigrant
• “Enquête européenne sur l’accès aux soins des personnes en situation Annex 4 - ANAPEC
irrégulière”, Médecins du Monde, European Observatory on Access to
Health Care, June 2007 LIST OF FOREIGNERS EXEMPT FROM ANAPEC AUTHORISATION
• «Overcoming barriers, Migration, marginalisation and access to health • Spouses of Moroccan nationals.
and social services», Foundation Regenbog AMOC, 2007 • Natives of Morocco who have resided in Morocco for at least 6 months.
• Company managers, joint managers and shareholders.
• Technical consultants within specific frameworks (6 months maximum).
114 115
• Soccer players.
• Artists (3 months maximum).
• Nationals from the following countries: TUNISIA, ALGERIA, SENEGAL.
• Company chairmen and managing directors.
• Persons sent to Morocco by foreign mother companies on temporary and limited assignments
(2 to 3 years).
A nnexe E:
MOROCCAN MINISTRY OF EMPLOYMENT:
MODEL WORK CONTRACT FOR FOREIGNERS
Royaume du Maroc
Se sont mis d’accord sur ce qui suit :
Article 1er :
Ministère de l’Emploi et L’employeur s’engage à embaucher le salarié pour une durée déterminée de** :
de la Formation Professionnelle CONTRAT DE TRAVAIL D’ETRANGER
Chapitre V, article 517 de la loi n° 65-99, relative au Code du Travail ou pour une durée indéterminée.
Direction de l’Emploi (A établir en cinq exemplaires)
Lieu d’emploi au Maroc :
Les deux parties :

Fonction occupée :
EMPLOYEUR : Montant du salaire en dirhams :
Dénomination de l’entreprise :
Mode de paiement*** :
Secteur d’activité :
Article 2 :
Numéro d’inscription au registre de commerce :
Le présent contrat prend effet à compter de la date du visa de l’Autorité Gouvernementale Chargée de l’Emploi.
Numéro d’affiliation à la C.N.S.S. :

Article 3 :
Dénomination de la Compagnie d’assurance pour les accidents de travail et les maladies professionnelles :
Ce contrat est soumis aux dispositions en vigueur au Royaume du Maroc, notamment la loi n° 99-65, relative au Code du
Travail et les textes d’application y afférents.
SALARIE :
Article 4 :
Prénoms : Nom :
L’employeur est tenu de soumettre au visa de l’Autorité Gouvernementale Chargée de l’Emploi toute modification survenue
dans les clauses du présent contrat.
Date de naissance : Lieu de naissance :
Article 5 :
Nationalité : Profession habituelle :
En cas de refus du visa du présent contrat, l’employeur s’engage à prendre en charge les frais de rapatriement du salarié
étranger à son pays d’origine ou au pays de sa résidence.
Domicilié à :
Fait à ………………………... le …………………….

Diplômes obtenus :
Visa de l'Autorité Signature du salarié (e) Signature de l'employeur
Situation familiale* : célibataire marié (e) divorcé (e) voeuf (ve) Gouvernementale (Nom, prénoms, qualité et
Chargée de l'Emploi cachet de l’entreprise)
Date d’arrivée au Maroc :
Numéro du passeport : délivré le à
Numéro, date et lieu de délivrance du certificat d’immatriculation de la Sûreté Nationale (pour les étrangers résidants) :
116 117
** – Nombre de jours, mois.

* – Cocher la mention utile. *** – Semaine, quinzaine, mois. NB : Prière d’imprimer ce contrat en une seule page (recto verso).
A nnexe E: Annexe G :
WORK STAMP REQUEST FORM EXTRACT FROM MOROCCAN MINISTRY
FOR FOREIGNERS (MOROCCO) 243: OF EMPLOYMENT WEBSITE
DEMANDE DE VISA Documents required for a work stamp244

DE CONTRAT DE TRAVAIL D’ETRANGER
Royaume du Maroc The employer is requested to present the foreigner’s work contract together with the following documents:
Ministère de l’Emploi
et de la Formation Professionnelle
A. Work Contract (First Request):
Direction de l’Emploi
Si le demandeur est marié, indiquer ci-après les noms, prénoms, lieu et date de naissance, nationalité, occupations et adresse
actuelle du conjoint - Two copies of the foreigner’s work stamp request form (signed by the employee);
……………………………………………………………………………………………………………………………………… - Five original copies of the foreigner’s work contract;
……………………………………………………………………………………………………………....………………………
……………………………………………………………………………………………………………………………………… - Diplomas and work certificates proving the employee’s experience;
………………………………………………………………………………………………………………………………………
Je soussigné, sollicite le visa du contrat de travail ci-joint* : - Copies of the first pages of the foreigner’s passport;
En premier établissement - Certificate delivered by the National Agency for the Promotion of Employment and Skills (ANAPEC) certifying that no national candidates
En renouvellement chez le même employeur, Dossier n°
Pour changement d’employeur au Maroc, Dossier n° are able to fill the position offered to the foreign employee.
et certifie l’exactitude des renseignements mentionnés ci-dessous :
ETAT CIVIL
Nom (en majuscules) : ………………………………………………………………............................……..…………………. B. Work Contract (Renewal):
Prénoms(2) : ………………………............................……………….. Nationalité : ………………………………………….
Lieu et date de naissance : ………................................………………………………………………………………….………..
Situation de famille(1): célibataire marié (e) veuf (ve) divorcé (e)
Nombre d’enfants et leur âge :……………....................................…………………………………………………...…………. - Two copies of the foreigner’s work stamp request form (signed by the employee);
Adresse actuelle : …………………..…………...........................…………………………………………………….………… - Five original copies of the foreigner’s work contract;
Dernière adresse avant l’arrivée au Maroc : …………................................…………………………………………….………
Avez-vous des parents au Maroc ? si oui, indiquer les noms, prénoms, âge, occupations, adresses, degré - Certificate delivered by the National Social Security Fund of Morocco (CNSS) proving that the employee’s last three months of social
de parenté avec vous, date d’arrivée au Maroc : :……………………………..…………………………………
………………………………………………………………………………...............…………………...……………………… contributions have been paid;
…………………………………………………………………………………........………………………………………… - Copy of Moroccan Registration Card;
ETABLISSEMENT AU MAROC
Date d’arrivée au Maroc : - Certificate delivered by the National Agency for the Promotion of Employment and Skills (ANAPEC) certifying that no national candidates
Lieu de débarquement ou de passage à la frontière :
N°, date et lieu de délivrance du passeport (et du visa, le cas échéant) : are able to fill the position offered to the foreign employee.
Profession indiquée sur le passeport :
(pour les étrangers résidents) n° date et lieu de délivrance du certificat d’immatriculation de la
Sûreté Nationale : C. Subject to the presentation of the requested documents, the Administration may exempt certain foreign employees from authorisation
Profession indiquée sur ce certificat :
from the National Agency for the Promotion of Employment and Skills, notably the following categories:
EXPERIENCES PROFESSIONNELLES
Noms et adresses des précédents employeurs :
Ø ……………………………………………………………….............................……………………………………..………. - Natives of Morocco, or descendants of Moroccan mothers, who have resided in Morocco for at least 6 months;
Ø ………………………………………………………………............................……………………………………………....
Ø ……………………………………………………………….............................……………………………………………... - Spouses of Moroccan nationals;
Ø ………………………………………………………………............................………………………………………..…….. - Company owners, authorised representatives and managers;
Professions occupées chez ces employeurs : ……….……..............................………………………………..…………….
Ø ……………………………………………………………….............................………………………………..……………. - Company partners and shareholders;
Ø ………………………………………………………………............................………………………………..……………..
- Persons sent to Morocco on limited and temporary assignments by foreign companies which have successfully bid for public calls for
Date d’entrée au service des deux derniers employeurs : Motifs de départ(1): démission licenciement détachement mission proposal, or mother companies with subsidiaries;
Date de départ :
- Delegates or representatives within the framework of cooperation agreements (six months maximum);
RENSEIGNEMENTS DIVERS - Sport trainers, subject to presentation of authorisation delivered by the Department of Sport;
Etes-vous réfugié politique* : oui non - Foreign artists authorised by the National Security Department of Morocco;
N° et date de la carte délivrée par le Ministère des Affaires Etrangères :
Titres et diplômes : ……………………………….…………………………….............................…………………………..…. - Political refugees and stateless persons. (Highlighted in bold by the authors of this report)
118 Langues étrangères parlées : ……………………………………...………….............................…………………...…………. 119
Fait à ………………………………… le ……………………………
Signature du salarié (e):
1 1
(1) Cocher la mention utile.

(2) Souligner le prénom usuel.
243 For technical reasons, we were unable to include a model request form. Thus, only its content has been reproduced here. 244 Retrieved from site in November 2008
A nnexe E:
MOROCCAN MINISTRY OF HEALTH DIRECTIVE
120 121
Ve s t e rgade 16 - 1456 Copenhagen K - Denmar k
Te l : + 4 5 3 2 6 4 1 7 0 0 - Fa x : + 4 5 3 2 6 4 1 7 0 2
E ma i l : i n fo @ e u r o m e d r i g h t s . n e t
w w w . e u r o m e d r i g h t s . n e t

Economic and Scoial Rights of Migrants and Refugees in The Euromed Region 911861899

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Economic and Scoial Rights of Migrants and Refugees in The Euromed Region 911861899

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Economic and Social Rights

of Migrants and Refugees

Case Studies: France, Jordan and Morocco

Case Studies: France, Jordan and Morocco

Vestergade 16 - 1456 Copenhagen K - Denmark

© Copyright 2008 Euro-Mediterranean Human Rights Network

D.1. Migrant Workers 62

I. Introduction 15 D.1.a. Legal Framework for Migrant Workers 62

iv. Migrant workers at Restaurants, Bars and Hotels 77

Inside the European Union 27 D.2. Refugees in Jordan 78

D. Case Study: France 40 D.3. Recommendations 86

D. 1. National Framework Regarding Migration and Asylum 40 D.3.a. Concerning Migrants 86

of Migrants and Refugees 43 E. Case Study: Morocco 88

D. 4. Access to Health Care for Migrants in France 48 of Migrants and Refugees 90

and Refugees 55 E.5. Civil Society Actions 103

A. The Barcelona Process 56 E.6. Recommendations 105

B. European Neighbourhood Policy (ENP) 60 Annexes 109

C. Financial Instruments and Civil Society 61

COMMENTS & RECOMMENDATIONS

COMMENTS & RECOMMENDATIONS

Migrants and Refugees

European Social Charter

B . 1 . Difficulties Encountered by Irregular Health Care in Detention Centres

C. Migration Policies and Access Circular migration

European Blue Card C.1. D ifficulties E ncountered W hen T r y ing

Asylum Framework France: Breakdown of Asylum Requests by Continent: 2006

63 Hommes et Migrations, Cité Nationale de l’histoire de l’immigration. N° 1263, 2007, «Immigration et

Beneficiaries 73,300 125,400 153,600 170,000 -

Final Cost (M€) NS 410 506 579 -

69 This situation often concerns the food service sector.

Access to employment and protection of workers

Access to health care

Concerning persons in detention and closed centres

Migration and the Access to Economic and

A. The Barcelona Process

civil society actions carried out within the partnership framework.

75 A.Bengueldouz, «Union Européenne – Maroc – Afrique migrante: Politique européenne de voisinage –

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

A.1. Regional Cooperation on Migration

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

B . E uropean N eighbourhood C . F inancial I nstruments and

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

D . C ase S tud y : J ordan I nternationa l Lega l Framework

International conventions ratified by Jordan

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

N ationa l Lega l Framework Migrants and access to health care

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

D.2. Refugees in Jordan T he N ationa l Legis l ation G overning R e f ugees

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

148 See: http://www.un.org/unrwa/refugees/jordan.html.

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership:

iii. Other Refugees

To the Government of Jordan:

III. Cooperation within the Framework of the Euro-Mediterranean Partnership: