코로나19 사태의 최전선에서 싸워 온 프랑스 미등록 이주 노동자, 고용불안 규탄과 불법체류 합법화를 위해 목소리를 높이다
코로나19 사태의 최전선에서 싸워 온 프랑스 미등록 이주 노동자, 고용불안 규탄과 불법체류 합법화를 위해 목소리를 높이다
코로나19 사태의 최전선에서 싸워 온 프랑스 미등록 이주 노동자, 고용불안 규탄과 불법체류 합법화를 위해 목소리를 높이다.
연보라 (이주연구 인턴)
Worldwidely, the Covid-19 pandemic has widened the gap between the rich and the poor. In France likewise, the pandemic has particularly affected the poorest with higher mortality, greater exposure to the virus, job destruction, and deterioration of their financial situation.[1] The United Nations Regional Information Center for Western Europe (UNRIC) observed that, for the year 2020, one million people have sunk into poverty in France, in addition to the already-existing nine million.[2]
In such a circumstance, it is no surprise that the living and working conditions of undocumented migrants have significantly deteriorated. Most of them live in workers’ hostels, shelters, gymnasiums, or squats where the Covid-19 guidelines are difficult to apply due to the shared living spaces, and the overcrowding. In fact, the director of public health at the Regional Health Authority (ARS) has referred to these places as the “main vulnerable facilities after nursing homes”.[3] Furthermore, undocumented workers in sectors directly affected by the pandemic such as catering or construction, have mostly lost their job and couldn’t benefit from any social coverage despite their contribution to the general French social security system. For those working in industries of basic necessity, such as cleaning, garbage collection and sorting services, the working conditions have greatly worsened: neither the masks nor hand sanitizers were provided. Some of them working outside had neither access to toilets (all cafés were closed during the lockdown) and had to relieve themselves in cans.[4]
Multiple voices have been raised since to shine a light on the extreme precarity of undocumented migrants during the pandemic, and to promote a public debate on the issue: 104 members of parliament from 10 different parties—mostly left—sent a letter to the Prime Minister, Edouard Phillippe, to demand the temporary legalization of undocumented migrants to “ensure that people who are in a situation that does not allow them to access health care, or who are outside of the support networks, can be taken care of as soon as possible in case of illness;”[5] Several personalities, including leaders of major French confederations of trade unions, and the president of the Federation of Solidarity Actors (FAS) have published an editorial calling for the legalization of undocumented workers who “are doing their utmost to maintain our social life and economy”[6] in garbage collection, security, cleaning, personal assistance, deliveries and agriculture; 317 NGOs and associations have also urged in an open letter to the President of France, Emmanuel Macron, to “legalize immediately, permanently and unconditionally all undocumented migrants” claiming that the pandemic has increased the precarity of this population, and that this trend “will continue even after the pandemic has ended.”[7]
Large-scale pro-legalization movements have also taken place. In 2020, the national march of undocumented migrants was organized from September 19 to October 17, 2020, at the call of some 280 organizations including trade unions (General Confederation Labor, Solidaires…), collectives (Réseau Education Sans Frontières…), NGOs (Cimade, Doctors Without Borders…) and political parties (Europe Ecology – The Greens, La France Insoumise…). Started in numerous “corners of the country” including Marseille, Montpellier, Rennes, Lille and Strasbourg, all processions converged in Paris on October 17 gathering several thousand protestors. All together, they marched to the Presidential residence, the Elysée, to claim for a legalization and a gesture from the government for foreign workers, who are on the front line during this pandemic “being overworked and overexploited, without rights, and/or losing their jobs without partial unemployment benefits.”[8]
Although the demand for legalization of undocumented workers has been made repeatedly by abovementioned social movements and more, the response of the government was limited to legalized foreign workers. In fact, the Minister Delegate for Citizenship, Marlène Shiappa, has instructed in mid-September 2020 the police prefecture to “accelerate” and “facilitate” the access to French nationality for foreign workers who “work in a profession that is particularly exposed or essential to the continuity of the nation during the Covid-19 pandemic”.[9] Accordingly, the required minimum length of residence in France has been reduced from five to two years if the clause “significant services rendered” was applicable.[10] More than 12,000 foreign workers in France have been naturalized consequently according to the Ministry of the Interior.[11] However, no instructions were given with regards to legalization of undocumented migrants. Edouard Phillippe claimed on April 17, 2020, in response to the letter addressed by 104 members of parliament, that “a temporary measure of access to residency is not necessary in the current epidemic context to ensure access to care for foreigners.”[12] In fact, undocumented migrants can have access to a reduced basket of health care after three months of stay in the country, as they become eligible for the state medical care (AME). However, most of undocumented workers aren’t covered by the AME, as they exceed a certain income threshold and declare their income. They can neither benefit from the social welfare system although they pay contributions.[13] As Maryline Poulain, the head of the General Confederation Labor (CGT)’s migration section has mentioned, these “first of chores” are “forgotten” despite having participated in “essential activities in the cleaning, hospitality and catering sector.”[14]
The only resort left for them is to apply for an Exceptional Admission to Residence, through which foreign workers in an irregular situation can obtain either permanent/temporary worker residence permit or private and family life residence permit. In order to do so, the foreigner must fulfill the conditions set out in the Valls circular effective since December 3, 2012 to “allow, within the framework set by the law, a fair consideration of certain human realities.”[15] For work residence permit, the criteria for admission is the following: a) In possession of a work contract or a recruitment commitment, and a promise from the employer to pay the tax to the French Office for Immigration and Integration (OFII) for hiring a foreign worker; b) Having official documents proving 8 months of work experience, consecutive or not, over the last 24 months or 30 months; c) Having official documents proving a significant length of stay, which can only exceptionally be less than 5 years of effective presence in France. However, the decision to issue a residence permit depends solely upon the police prefecture, who retains discretionary power of assessment of these applications.
However, applying for an Exceptional Admission to Residence is even then a risk for undocumented workers, as “in reality, today, it is the employer who decides on their legalization”[16]. In fact, as has underlined Maryline Poulain in her interview with L’Obs, it is essential for undocumented workers to get the support from their employer, as “they need a work contract or a recruitment commitment, and [as] it is the employer who must fill out the application for legalization.”[17] However, given that employers benefit from the precarious situation of undocumented workers, employers have “no interest in changing [the status quo]”[18] although the legalization process wouldn’t “cause them any damage.”[19]
Facing such a situation, more than 300 undocumented workers, called by one of the major French confederations of trade unions, CGT, went on a large-scale strike in the Ile-de-France region on 25 October 2021, a year after the national march of undocumented migrants. Stuart deliverers for Parisian Monoprix stores; dishwashers at Café Marly (Paris, Louvre Museum); SEPUR garbage collectors (Ile-de-France); interim workers in construction/public works; handlers, gardeners, garbage collectors, and mailroom workers; and companies including Adequat, Crénau-Man BTP, Job Center, Manpower, Planett Interim, Proman, Start People, and Targett for large construction and public works groups (Eiffage, Bouygues, GCC, Vinci…), logistics (GLS, Chronopost, Fedex, TNT), cleaning and waste treatment (Nicolin, Suez, Véolia), and press (France Routage), all together have decided to say “No” to their over-exploitative working conditions, and demand their employer to initiate the legalization process.
In fact, besides the non compliance with Covid-19 sanitary rules abovementioned, the CGT has identified an “organized exploitation system”[20]: interim employment agencies do not hesitate to move the undocumented workers from one agency to another in order to circumvent the legal obligation to requalify the temporary work contract to permanent after 18 months. At SEPUR, undocumented workers, upon the request of their manager, had to come back with a new identity to work; In the delivery sector, the undocumented deliverers suffer from the consequences of “outsourcing cascade”. For instance, Monoprix in the 19th arrondissement of Paris have contracted its delivery to Stuart, which subcontracted to PickUp, a subsidiary of the French post office La Poste, which outsourced to another delivery company who doesn’t issue pay slips to their employees, and require them to be self-employed in order to avoid the employer’s social security contributions; In the catering sector, undocumented workers are employed as “extras”, a special fixed-term contract that allows an employer to hire an employee to perform a specific and temporary task that takes a few hours to several days.[21] However, in reality they “have been working for two or three years, sometimes 200 hours a month. They should therefore be permanent employees.”[22]
After two weeks of mobilization, all employers concerned, except the interim employment agency PRISM, have expressed their commitment to provide the necessary documents for the legalization of the strikers. The picket lines have hence been lifted except for PRISM for whom the strike is still ongoing.
A very good news it may be, being eligible to submit the application file for legalization guarantees in no way the issuance of residence permit as the police prefectures have discretionary power of assessment on applications for exceptional admission to residence. Moreover, around 30,000 undocumented migrants obtain the exceptional admission to residence each year, while undocumented migrants in France are estimated to be around 300,000 and 600,000.[23] In view of such reality, and considering that legalization is the prerequisite to get out of precarious situations, a bright future for undocumented migrant seems hence very unlikely. Despite being criticized of holding a “low-key” management with regards to undocumented migrants, as confided a Macronist to Le Monde, “the government will find hard to accept a collective legalization, and they will surely act quietly.”[24] With less than four months to go before the 2022 presidential election—where Macron is expected to present as candidate for his second mandate–, the immigration issue has emerged as a political hot potato. In such a context, and especially that “France is as right-wing as it has probably never been for a long time”[25], a governmental action favorable towards undocumented workers is much harder to expect.
However, the need to fight against precarization is more urgent than ever. According to the UNRIC, the pandemic may cause one in two people worldwide to lose their jobs. By 2030, at least one billion people are at risk of falling into extreme poverty as a result of the pandemic.[26] As Maryline Poulain has so clearly stated, “when one is without a residence permit, an inequality of rights is created which is prejudicial for everyone. This is why this does not only concern undocumented migrants, but all employees. Our interests are common, whether we are French or immigrants.”[27]
[1] La Rédaction. “Covid-19 et crise sanitaire : des inégalités sociales plus marquées.” (Covid-19 and the health crisis: greater social inequalities”) L’Actualité en bref, Vie Publique, Dec. 10, 2020, https://www.vie-publique.fr/en-bref/277615-crise-sanitaire-et-inegalites-sociales-le-portrait-social-de-la-france
[2] “La Covid-19, un accélérateur des inégalités sociales.” (“The Covid-19, a catalyst for social inequalities”) UNRIC, Feb. 20, 2021, https://unric.org/fr/la-covid-19-un-accelerateur-des-inegalites-sociales/
[3] Pascual, Julia, and Isabelle Rey-Lefebvre. “Coronavirus : la crainte d’une contamination rapide dans les squats et foyers de travailleurs” (Coronavirus: the fear of a rapid contamination in squats and workers’ hostels”), Le Monde, Apr. 11, 2020, https://www.lemonde.fr/societe/article/2020/04/11/coronavirus-la-crainte-d-une-contamination-rapide-dans-les-squats-et-foyers-de-travailleurs_6036317_3224.html
[4] Legrand, Baptiste. “Travailleurs sans-papiers en grève : « Ils font face à une ultraprécarité organisée ».” (“Undocumented workers on strike: «They face an organized extreme poverty »”) L’Obs, Oct. 25, 2021.
[5] “Coronavirus : 104 parlementaires demandent à Edouard Philippe la régularisation des sans-papiers.” (Coronavirus: 104 members of parliament ask Edouard Philippe to legalize undocumented migrants) JDD, Apr. 12, 2020. https://www.lejdd.fr/Politique/info-jdd-coronavirus-104-parlementaires-demandent-a-edouard-philippe-la-regularisation-des-sans-papiers-3961
[6] Brice, Pascal, and Jean-François Carenco, and Louis Gallois, and Marilyne Poulain, and Frédéric Sève. “Coronavirus : « Notre nation doit montrer sa gratitude envers les étrangers qui affrontent cette crise avec nous »” (“Coronavirus: “Our nation must show its gratitude to foreigners who face this crisis with us”), Le Monde, Apr. 21, 2020.https://www.lemonde.fr/idees/article/2020/04/21/coronavirus-notre-nation-doit-montrer-sa-gratitude-envers-les-etrangers-qui-affrontent-cette-crise-avec-nous_6037272_3232.html
[7] Etats Généraux des Migrations. “Lettre ouverte : 316 associations et collectifs interpellent le Président de la République pour la régularisation de toutes les personnes sans-papiers.” (“Open letter: 316 NGOs and associations call on the President of the Republic to legalize all undocumented migrants”), EGM, Apr. 30, 2020, https://eg-migrations.org/Lettre-ouverte-316-associations-et-collectifs-interpellent-le-President-de-la
[8] Marche des solidarités. “Marche des Sans-Papiers : lettre à Emmanuel Macron.” (“March of Undocumented Migrants: lettre to Emmanuel Macron”), Le Club de Mediapart, Sep. 18, 2020, https://blogs.mediapart.fr/marche-des-solidarites/blog/180920/marche-des-sans-papiers-lettre-emmanuel-macron
[9] “Reconnaissance de l’engagement des ressortissants étrangers pendant l’état d’urgence de la COVID-19.” (“Recognition of the commitment of foreign nationals during the state of emergency of COVID-19”) Ministry of the Interior, Jul. 13, 2021, https://www.immigration.interieur.gouv.fr/Accueil-et-accompagnement/La-nationalite-francaise/Reconnaissance-de-l-engagement-des-ressortissants-etrangers-pendant-l-etat-d-urgence-de-la-COVID-19#:~:text=Votre%20demande%20ou%20votre%20d%C3%A9claration,’urgence%20du%20Covid%2D19
[10] “« En première ligne » durant la pandémie de Covid-19, près de 700 travailleurs étrangers vont être naturalisés.” (“« On the front lines » during Covid-19 pandemic, nearly 700 foreign workers to be naturalized”) Le Monde, Dec 23. 2020, https://www.lemonde.fr/societe/article/2020/12/23/en-premiere-ligne-durant-la-pandemie-de-covid-19-pres-de-700-travailleurs-etrangers-vont-etre-naturalises_6064298_3224.html
[11] AFP. “Covid-19 : plus de 12 000 travailleurs étrangers « en première ligne » naturalisés.” (“Covid-19: more than 12,000 foreign workers « on the front line » naturalized”) Le Monde, Sep. 08 2021, https://www.lemonde.fr/planete/article/2021/09/09/covid-19-plus-de-12-000-travailleurs-etrangers-en-premiere-ligne-naturalises_6094028_3244.html
[12] Pascual, Julia. “La régularisation des sans-papiers s’invite dans le débat politique.” (“The legalization of undocumented migrants enters the political debate”) Le Monde, May 05, 2020, https://www.lemonde.fr/societe/article/2020/05/05/la-regularisation-des-sans-papiers-s-invite-dans-le-debat-politique_6038719_3224.html
[13] Brice, Pascal, and Jean-François Carenco, and Louis Gallois, and Marilyne Poulain, and Frédéric Sève,
“Coronavirus : « Notre nation doit montrer sa gratitude envers les étrangers qui affrontent cette crise avec nous. »”
(“Coronavirus: “Our nation must show its gratitude to foreigners who are facing this crisis with us”) Le Monde, Apr. 21, 2020, https://www.lemonde.fr/idees/article/2020/04/21/coronavirus-notre-nation-doit-montrer-sa-gratitude-envers-les-etrangers-qui-affrontent-cette-crise-avec-nous_6037272_3232.html
[14] AFP. “Covid-19 : plus de 2000 travailleurs étrangers «en première ligne» naturalisés.” (“Covid-19: more than 2000 foreign workers “on the front line” naturalized”) Le Parisien, May 05, 2021, https://www.leparisien.fr/societe/covid-19-plus-de-2000-travailleurs-etrangers-en-premiere-ligne-naturalises-05-05-2021-CQMGBEIJ7BEM5BYDG6IJ7IZH7Y.php
[15] Circulaire n°NOR INTK1229185C. Ministry of Interior, Nov. 28, 2012, http://www.justice.gouv.fr/publication/mna/circ_conditions_demandes_admission_sejour_2012.pdf
[16] Pascual, Julia. “Pour les sans-papiers, le difficile accès à une régularisation.” (“Undocumented workers, the difficulty of obtaining legalization”) Le Monde, Oct. 17, 2020, https://www.lemonde.fr/societe/article/2020/10/17/pour-les-sans-papiers-le-difficile-acces-a-une-regularisation_6056417_3224.html
[17] Legrand, Baptiste. “Travailleurs sans-papiers en grève : « Ils font face à une ultraprécarité organisée ».” (“Undocumented workers on strike: «They face an organized extreme poverty »”) L’Obs, Oct. 25, 2021.
[18] Idem
[19] Pascual, Julia. “Pour les sans-papiers, le difficile accès à une régularisation.” (“Undocumented workers, the difficulty in obtaining legalization”) Le Monde, Oct. 17, 2020, https://www.lemonde.fr/societe/article/2020/10/17/pour-les-sans-papiers-le-difficile-acces-a-une-regularisation_6056417_3224.html
[20] Pascual, Julia. “Plusieurs centaines de travailleurs sans papiers en grève à l’appel de la CGT.” (“Several hundred undocumented workers on strike at the call of the CGT”), Le Monde, Oct. 26, 2021, https://www.lemonde.fr/societe/article/2021/10/25/plusieurs-centaines-de-travailleurs-sans-papiers-en-greve-a-l-appel-de-la-cgt_6099801_3224.html
[21] “Embaucher en contrat d’extra.” (“Hiring on a contract of extra”) Service Public, https://www.service-public.fr/professionnels-entreprises/vosdroits/F33693
[22] Legrand, Baptiste. “Travailleurs sans-papiers en grève : « Ils font face à une ultraprécarité organisée ».” (“Undocumented workers on strike: «They face an organized extreme poverty »”) L’Obs, Oct. 25, 2021.
[23] Pascual, Julia. “Pour les sans-papiers, le difficile accès à une régularisation.” (“Undocumented workers, the difficulty in obtaining legalization”) Le Monde, Oct. 17, 2020, https://www.lemonde.fr/societe/article/2020/10/17/pour-les-sans-papiers-le-difficile-acces-a-une-regularisation_6056417_3224.html
[24] Pascual, Julia. “La régularisation des sans-papiers s’invite dans le débat politique.” (“The legalization of undocumented migrants enters the political debate”) Le Monde, May 05, 2020, https://www.lemonde.fr/societe/article/2020/05/05/la-regularisation-des-sans-papiers-s-invite-dans-le-debat-politique_6038719_3224.html
[25] Boichot, Loris. “À six mois de la présidentielle, la société française plus à droite que jamais” (“Six months before the presidential election, French society is more right-wing than ever”) Foundation for Political Innovation (Fondapol), Oct. 26, 2021, https://www.fondapol.org/dans-les-medias/a-six-mois-de-la-presidentielle-la-societe-francaise-plus-a-droite-que-jamais/
[26] “La Covid-19, un accélérateur des inégalités sociales.” (“The Covid-19, a catalyst for social inequalities”) UNRIC, Feb. 20, 2021, https://unric.org/fr/la-covid-19-un-accelerateur-des-inegalites-sociales/
[27] Legrand, Baptiste. “Travailleurs sans-papiers en grève : « Ils font face à une ultraprécarité organisée ».” (“Undocumented workers on strike: «They face an organized extreme poverty »”) L’Obs, Oct. 25, 2021.
