The situation of 'illegal' residents is a recurrent problem in France. However it is not particular to our nation, throughout Europe similar people in distress are waiting for better treatment. It is at this level that the issue occurs and it is Europe which must address it.

'Illegal' residents have, in recent weeks, once again made their voices heard. The French government has responded with instructions to prefects to examine each case individually on its "social and humanitarian merits". The Minister of the Interior, Nicolas Sarkozy, boasts of a "balanced" immigration policy which "conforms to the interests of France" and promises a law which will give the government "the judicial methods to control these phenomena which, quite rightly, exasperate the French people". We surmise that what is envisaged from a practical, economic and humanitarian point of view cannot be the repatriation of all 'illegal' residents which is in any event unfeasible. So, what will become of those people who will never be regularised?

In these declarations no reference is made to the European dimension which should nevertheless figure prominently in any initiative of the member states of the European Union in the field of immigration and asylum. At the meeting of the European Council in Seville in June 2002 a large amount of time was devoted to the debate on the development of a future common policy on immigration and asylum. However, the rights of those affected by such a policy and the citizens of states outwith Europe were only mentioned as a sideline. As far as the rights of those who are de facto residents are concerned, variously referred to as 'illegal' residents or clandestines there was no mention.

Once again, the majority of the debate was on border surveillance, the possibility of repatriation to countries of origin and the cooperation of the police in the fight against 'illegal' immigration. Europe, as it develops, constructs rules which, it claims, aim at "controlling migratory flux".

The method of "control" proposed is to deny access to the European territory to all, except those whom the European economies requires, in particular to support the proposed systems of pensions.

While waiting for this proclaimed, grand harmonisation of European immigration policies, each of the Union states is adopting a harder line. The implementation of regulations, and administrative practices, are more often a cocktail of repression, suspicion of fraud and denial of rights. Occasionally, when the situation becomes controversial and the actions of 'illegal' residents leads to demonstrations of solidarity, the public authorities implement a regularisation on a large scale. However, this is replaced once again by the abuse of the rights of those who appear to be slaves of the 3rd millennium.

The political institutions of the European Union prepare texts concerning, for instance, the right to family reunification or the minimal norms for the reception of asylum seekers. But even if they mention the fight against racism and xenophobia they do very little for the rights of foreign residents and nothing for the rights of 'illegal' residents, who are the creation of discriminatory regulations.

Thus, it is time to address, on the European level, the issue of adequate rights for immigrants.

Their presence is a reality. A few tens of thousands, maybe even a few hundred thousand, are present within Europe. One might refer to them as a drop in the ocean compared to the disorder present in the rest of the world. However, this drop in the ocean is presented as a tidal wave or an insupportable movement which is used to feed xenophobia and racism.

These citizens of third world countries which are unstable or in a state of war have chosen or been forced to come to Europe, either permanently or for a few years. Most of the time they work here, sometimes raise children here, consume here and certain amongst them work within their community helping to develop their immediate environment. Many of them have a major role in the support and development of their village or region, or simply in the survival of their friends and family who have stayed in their country. They contribute thus to the economic and cultural richness of Europe and to the development of the rest of the world.

It is inadmissible that these people, some of whom have lived amongst us for several years, should be excluded from all that constitutes citizenship, living in permanent fear of being expelled from the country, being denied elementary rights and being subject to the actions of all sorts of criminals: illegal employers, disreputable landlords, pimps, etc.

The argument of impracticality used against those who criticise this treatment has been deconstructed for several decades: 'illegal' residents in Europe are here because they have found employment and if they had real rights they could subscribe to the systems of social protection and many could create activities and thus create employment. The risk of the provocation of an "influx" has never been proven and nothing indicates that the favouring of free circulation through European borders would not encourage movement in both directions with the spontaneous departure of some who came here to try back home to create a new life.

What is sure, on the other hand, is that the respect for the values of a state which operates within a framework of rights rests upon the fight against all forms of inequality and cannot accommodate the sub-status conferred upon certain of its members.

Signatories:

Acort (assemblée citoyenne des originaires de Turquie - Paris ), Act-Up Paris (Paris ), AFJD (association française des juristes démocrates - Paris ), Alternative couleur citoyenne (Tours ), AMF (association des marocains de France - Paris), ATMF (association des travailleurs maghrébins de France - Paris ), Cedetim (centre d'études et d'initiatives de solidarité internationale - Paris ), Collectif arabe des sans-papiers de (Marseille ), Collectif de soutien à la démocratie et aux victimes de la violence politique en Algérie (lyon ), Collectif de soutien aux demandeurs d'asile et sans-papiers (Lyon ), Collectif migrant contre le Sida (Paris ), Comité pour l'Annulation de la dette du Tiers Monde (Paris ), Coordination nationale des sans-papiers (Paris ), Cultures & Citoyenneté (Paris ), Dal (Droit au logement - Paris ), Droits Devant !! (Paris ), École Émancipée (Paris ), Fasti (fédération des associations de soutien aux travailleurs immigrés - Paris ), Femmes de la terre (Paris ), FTCR (fédération des Tunisiens de France pour une citoyenneté des deux rives - Paris ), Gisti (groupe d'information et de soutien des immigrés - Paris ), Ilpa (Immigration Law Practitioners' Association - Londres ), Migrations Santé (Paris ), Moi sans toit (Paris ), Odu (observatoire du droit des usagers - Paris ), SOS Racismo (Lisbonne ), Sud Culture (Paris), Sud Éducation (Paris),Sud PTT (Paris), Turbulences (Marne la Vallée ), Universal Embassy, (Bruxelles ).

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