Although traditional ties have led to migration from former colonies in the Maghreb, sub-saharan Africa, more recently migration has also been from countries without such historical ties (for instance, India or Pakistan).
In the 1980s and 1990s the immigration flow has been met by reactions of increasing hostility and reluctance. The terms of the political and policy debate have been shifted mainly on issues relating to security, border controls and integration of existing migrants, for whom the arrival of new migrants is considered an obstacle. This policy responds to popular fears not just of demographic "invasion" but also of cultural loss, or challenge, especially from strong immigrants’ identities, such as Islam, and by fears that immigration would lead or contribute to the collapse of the welfare state.
Since 1984 the official policy is of a complete stop to active recruitment of labour stop from outside the national borders. Laws and policy measures to control arrival at borders have however had irregular success in stopping flows which to a large extent are fuelled by illegal networks and activities with a strong incidence of trafficking and smuggling.
In the 1990s, France’s policy and standards setting has been closely intertwined with the definition and setting up of a EU immigration and asylum policy; France is party to the Schengen agreement and to a number of other conventions, including the Dublin Convention of 1990 aiming at joint approach to migration and refugee issues.
In this context can the new law of February 2003 be framed, which fully focuses on security issues and control of delinquent behaviour tied to migration: prostitution, drug trafficking, and other forms of crime. The law aims at controlling such phenomena through mobilisation of police forces at the borders, co-operation with police forces from neighbouring countries and use of other security forces than the police. The law thus sees the migratory phenomenon mostly through he lens of the real or imagined threat to security, without addressing the issues that a real labour shortage in certain sectors raises including in attracting migrants from outside France’s borders. It simply aims at increasing and reinforcing repressive measures and defining specific , "migration related" offences. The law on "national security" of February 2003 identifies in particular areas of illegality which are strictly sanctioned under a law designed to protect public security and peace by defining new offences and reinforcing repressive measures.
Under this law, foreigners with a short term residence permit who are convicted of disturbing the public order may be accompanied to the border as an accessory sanction to the main one ("double peine"). The penalty ahs been applied to all foreigner who have been convicted of a crime, for instance murder o drug trafficking. Prostitution and related crime is seen as inextricably linked with immigration, in particular illegal immigration and smuggling. The law of 2003 aims at reducing and checking prostitution rings, particularly of Eastern European and African origin. Women with a short term residency permit are liable to be sentenced to six months imprisonment and to the withdrawal of the residence permit if found involved in prostitution rings without coercion.
This approach is however not suited to accommodating new forms of migration which do not imply full displacement and movement into the host country, but are more flexible, for instance, seasonal work and seasonal presence in the host country.
Certain areas of the legal system have an in-built character of separate access to work and other "resources" according to nationality. Although not necessarily contrary to international or constitutional standards on non-discrimination, such norms are important due to the relevance, in economic and social terms of the categories of jobs precluded to non-French nationals, which only partially finds similarities in other countries. In many government-owned industries, employees are required to be citizens. For example, more than 50 French professions are closed to non-EU citizens, including pharmacy, midwifery, architecture, as well as selling tobacco or alcohol with a license. Non-EU citizens cannot work at Electricite de France, and non-EU foreigners employed by SNCF, the railroad company, are paid less and do not receive the same retirement benefits.
France approaches cultural diversity with a variety of complex models. The assimilation model rejects distinctions on the basis of ethnicity, class and religion and considers the common will to live together as the only foundation of society. It has resulted in policies which aim at integration of migrants and other non-mainstream groups into the host society. However, while recognising the existence of cultural differences, such policies do not wish to promote them. France’s policies therefore can be portrayed as considering the cultural integration of all individuals based upon a singular notion of citizenship as the ultimate goal. This has resulted in a reluctance to use the categories of minority group and community as concerns French citizens, although it is evident that such groups exist as groups, and not just as a number of separate individuals. It is also true, however, that in many areas, rights have been recognised, for instance to education also in a child’s maternal language, which inevitably point to a more multicultural model f society and migration policy.
A special situation exists, like in most European countries, for Roma citizens and residents. A considerable part of the Roma/ Gypsy population of France (citizens and non-citizens) is not permanently sedentary. Although a 1990 law imposes on municipalities with a population of over 5,000 that they provide a place where travellers can stop, implementation of this law is reported to be unsatisfactory. In many cases, municipalities have not provided such spaces or because the spaces provided are not suitable; this situation appears at least in some cases to be due more to a clear political stance on the presence of Romas in the Municipal territory than in the unavailability of suitable space. This results in Roma/Gypsies settling in areas from which they are often expelled.
Recent legislative measures seem to indirectly target Roma-specific patterns of residence under a security-conscious approach, Thus, under the "security law" of February 2003, it is an offence to settle in private o public property with a motor vehicle, which can be impounded by police. This measure is bound to hit especially nomadic groups of Romas, although the group itself is not specifically mentioned in the law, and it has thus been strongly criticised for its potentially discriminatory character.
The denial of travellers' right to stop also has important repercussions on their employment and education opportunities.
Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.
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