DOCUMENTATION - Recommendations

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Convention on migrant workers

Recommendations

Publications

This list describes the recommendations of the Committee of Ministers prepared by the European Committee on Migration.

For the recommendations and resolutions of the Parliamentary Assembly of the Council of Europe relevant to migration see ….

For the recommendations and resolutions of the Congress of Regional and Local Authorities of the Council of Europe relevant to migration see …

Integration (general)
Employment
Housing
Legal status of migrants
Family reunification
Migration and development
Children
 

Integration (general)

Second generation migrants (Recommendation No. R (84) 9)
Adopted by the Committee of Ministers on 20 March 1984 - Full text: EN; FR

Summary
This recommendation recognizes the particular situation that is faced by second-generation migrants (those born in the host country to migrant parents), in which they have numerous links with the host society but maintain connections with the countries of origin. It gives recommendations as to how to best integrate them into the host society, if they choose to stay, while allowing them to continue making contributions to the society of origin. In particular, it emphasizes the necessity of ensuring that they are in regular situations as concerns nationality and residence; and in this context, recommendations restricting the use of expulsion orders and the maintenance of acquired rights in the event of temporary absence from the country provoked a number of reservations. In general, the goal of the recommendation is to assist second generation migrants in achieving the stability and success necessary for them to make meaningful contributions both to the host and origin countries.

Maintenance of migrants’ cultural links with their countries of origin and leisure facilities (Recommendation No. R (84) 7)
Adopted by the Committee of Ministers on 28 February 1984- Full text: EN; FR

Summary
In this recommendation, the Committee of Ministers declares itself to be guided by the concept that the maintenance of migrants’ cultural links with the origin country serves not only to help with resettlement if they return, but furthermore aids in the process of integration in the receiving country. It presents a set of ideas on how to best maintain these links. These comprise recommendations in the areas of education, adult education, the formation of migrants’ associations, religion, media and cultural and leisure activities. As concerns media, for example, the recommendation urges governments to support media sources run by migrants and facilitate the reception of television programmes, periodicals, and books from countries of origin, as well as encouraging television programmes designed for migrants. It also recommends that the participation of migrant children in leisure activities in their countries of origin should be encouraged.

Community relations (Recommendation No. R (92) 12)
Adopted by the Committee of Ministers on 21 September 1992 - Full text: EN; FR

Summary
This recommendation notes that due to migration trends, many countries in Europe have significant populations of different national or ethnic origins from those of the host society; and that governments should adopt explicit policies on community relations questions and ensure that they are put into practice across the whole range of government action. Furthermore, the recommendation sets a series of principles on which community relations policies should be based: security of residence for lawful migrants, determined action to bring about real equality of opportunity, effective measures to combat racism and xenophobia, fullest possible participation of migrants in the host society, and an attitude of openness to migrants’ cultures and customs.

Employment

Improving access of migrants and persons of immigrant background to employment (Recommendation Rec(2008)10) Adopted  by the Committee of Ministers on 10 July 2008  - Full text: EN; FR

Summary
This recommendation requests member states to review the effectiveness of relevant policy and practice in their countries and establish an effective system of evaluation and efficiency control. The recommendation concerns legally resident migrants with access to employment and persons of immigrant background.

An appendix provides guidelines and policy proposals on different topics, such as diversity and non-discrimination in labour markets, the use of labour market partnerships, the importance of information and awareness raising, as well as labour market entry and re-entry policies, recruitment policies and career development.

Vocational re-integration of migrant workers who return to their countries of origin (Recommendation No. R (80) 14)
Adopted by the Committee of Ministers on 18 September 1980 - Full text: EN; FR

Summary
This recommendation was prepared at a time where, according to the committee, trends in migration flows had become significantly different from traditional ones. Its basic premise is that to meet this challenge, there should be a recognition of joint responsibility between sending countries and receiving countries in helping to bring about the social and vocational re-integration of migrants who return home. Some of its proposals include carrying out an analysis of the recent situation of migrant workers and establishing arrangements between countries of origin and destination in order to provide jobs for returning migrants, specifically in companies in which migrant workers have financial investments. The recommendation urges cooperation on such issues as transfers of technology, capital transfers, and assistance for the creation of industrial or agricultural enterprises in the country of origin.

Access of non-nationals to employment in the public sector (Recommendation Rec (2004) 2)
Adopted by the Committee of Ministers on 24 March 2004 - Full text: EN; FR

Summary
This recommendation requests member states to facilitate the access of migrants to public sector jobs, referring specifically to the various international treaties and declarations that apply to the employment of migrants, and pointing out that the public services have a particular responsibility to set an example in their own employment practices. It recommends initiatives to promote diversity and the hiring of migrants, as well as an end to discrimination in the areas of recruitment (inappropriate recruitment on language skills, etc), promotion, employment conditions and salaries. Although it recognizes that there are some posts that might not be appropriate for migrants to occupy, such as those concerning national security, it urges states to examine its nationality requirements for various posts and, when possible, to make more jobs open to migrants. It emphasizes that there are some posts where the presence of migrants can be of particular benefit to the immigrant population.

Housing

Migrants’ housing (Recommendation No. R (88) 14)
Adopted by the Committee of Ministers on 22 September 1988 - Full text: EN; FR

Summary
This recommendation points out that migrants are often at a disadvantage in the housing market, that it is a common condition of family reunion that migrants have suitable housing, and further that urban renovation schemes should take into account migrant populations. Thus, it requests member states to make efforts to prevent housing discrimination. It emphasizes ensuring that migrants’ housing is of a satisfactory quality and proposes measures for informing migrants of their rights and opportunities when it comes to housing, as well as cooperating with and aiding them in finding suitable accommodation. It recommends the use of migrants’ associations as a method of coordinating this process.

Legal status of migrants

Security of residence of long-term migrants (Recommendation Rec (2000) 15)
Adopted by the Committee of Ministers on 13 September 2000 - Full text: EN; FR

Summary
In this recommendation, which is subject to many reservations, the Committee of Ministers notes that the integration and security of residence of long-term immigrants is not only vital to their integration but also to social stability. The recommendation sets out a series of principles in relation to the acquisition and loss of secure residence status, the acquisition of nationality and protection against expulsion. In relation to the acquisition of secure residence status the recommendation proposes a set of common conditions for the definition of a long-term migrant (although it allows member states the liberty to be more or less restrictive in the definition that it chooses to apply), recommends the security of residence status (in particular, the renewal of relevant documents) and affirms access to a series of rights on the basis of no less favourable treatment than nationals of the host state.

Admission, rights and obligations of migrant students and co-operation with countries of origin (Recommendation Rec(2006)9)
Adopted by the Committee of Ministers on 12 July 2006 - Full text: EN; FR

Summary
The recommendation proposes concrete steps linking the situation of the foreign students with co-development issues. A special section is devoted to the issue of “brain drain” and to co-operation between countries of origin and destination.

Family reunification

Legal status of persons admitted for family reunification
(Recommendation Rec (2002) 4)
Adopted by the Committee of Ministers on  26 March 2002 - Full text: EN; FR

Summary
The Committee of Ministers here expresses its support for family unification, firstly on the basis of the “universally recognised right” to safeguarding family unity and, secondly, because of its contribution to successful integration. The recommendation states that family members admitted under family reunification should be granted the same residence status as that held by the principal migrant; and that after four years, adult family members should be granted independent permits. In the case of the divorce, separation or death of the principal migrant, the recommendation calls on member states to consider granting autonomous residence permits for family members who have been legally resident for at least one year. It also urges a right of appeal for those family members whose permits are not renewed and/or threatened with expulsion. The recommendation also recommends equal treatment to that of the principal migrant in relation to access to the labour market, education and social rights as well as to political participation (the right to vote and to stand in local authority elections).

Migration and development

Co-development and migrants working for development in their countries of origin (CM/ Rec(2007)10)
Adopted by the Committee of Ministers on 12 July 2007 - Full text: EN; FR

Summary
This recommendation provides a detailed policy framework for member states of the Council of Europe to ensure that programmes and co-development projects have a real and lasting effect on development in the countries of origin, in Europe or elsewhere. The recommendation invites member states to put in place policies to encourage and facilitate partnerships between actors in the countries of origin and countries of destination. For this purpose, it proposes a series of principles designed to support associations of migrants working in the social, economic, political and cultural development of countries of origin. The recommendation puts particular emphasis on the cooperation and solidarity between countries of destination and countries of origin of migrants. It identifies the conditions necessary to be taken by countries of destination and countries of origin to promote co-development initiatives.

Children

Life projects' for unaccompanied migrant minors (CM/ Rec(2007)9)
Adopted by the Committee of Ministers on 12 July 2007 - Full text: EN; FR
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Summary
The recommendation aims to improve the welfare of unaccompanied migrant children. It stresses the importance of placing the best interest of the child at the heart of all government policy and practice. Developing life projects for unaccompanied migrant children is the key policy approach. Life projects are individual tools, based on a joint undertaking between the child and the relevant authorities for a limited duration, that define the child’s future prospects, promote his or her best interests without discrimination and provide a long term response to its needs. Each project aims to develop the capacities of the child, allowing him or her to acquire and strengthen the necessary skills to become independent, responsible and active in society. The recommendation underlines that, in order to achieve this, life projects should seek to promote the social integration of the child, his or her personal development, cultural development, open access to housing, health, studies and vocational training and employment.

The recommendation aims also to improve the capacities’ of member states to manage migration of unaccompanied migrant children. It underlines the role of co-operation between all involved countries and authorities.

Strengthening the integration of children of migrants and of immigrant background (Recommendation Rec(2008)4) Adopted by the Committee of Ministers on 20 February 2008  - Full text: EN; FR

Summary
Member states are recommended to introduce into their policy and practice measures to improve the integration of newly-arrived children of migrants into the educational system, provide children of migrants with adequate language skills at a preschool level, prepare children of migrants and of immigrant background approaching school-leaving age for a successful transition from school to the labour market, and overcome the difficulties faced by these children living in segregated areas and disadvantaged areas. Detailed guidelines on how member states might apply the recommendation are included in an appendix. These guidelines cover the following topics:

- language learning,
- staff recruitment and development (teachers, social and health workers and other professionals working with migrant children and children of immigrant background),
- human rights, democratic citizenship and diversity in schools,
- integration of migrant children and children of immigrant background into school life,
- the role of civil society and migrants’ associations in supporting the integration of migrant children into school life and society,
- support for parents of migrant children,
- facilitating the transition from school to work,
- the specific problems faced by children of migrants and immigrant background living in segregated and disadvantaged areas.