DURATION
approx. 1 hour
FORMAT
Interactive + text-based
The goals of this module
Understanding the meaning of words we tend to use when we talk about migrations
Being able to distinguish the different terms in the lexical field of migration
What is it about?
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FOREIGNER
A foreigner is not necessarily a migrant because they can be born in a country with parents of a foreign nationality. Being a foreigner doesn’t always last a lifetime because a foreigner can gain the country’s nationality if they respect the said country’s naturalisation criteria.
In 2022, there were 5,3 million foreigners in France. In 2022 there were 0.8M non migrant foreigners in France.
INSEE, estimations de population 2023 https://www.insee.fr/fr/statistiques/3633212
MIGRANT
How many migrants are there in the world in your opinion?
In 2022, there were 281 million international migrants.
In Europe, in 2022, 4 million immigrants had entered the EU (336 000 in France, 318 000 in Italy, 887 000 in Spain).
What connotation do you see with that word? Why use this word instead of foreigner?
Migrants tend to cover the migration trajectory as a whole. It has not only the perspective of the host or origin country but adopts a global perspective. Migration trajectories are not from point A to point B but are complex trajectories with possible returns, with transits… A migration route can last several months, even years and ‘migrant’ also comprehends the transit aspect of the experience. When you ask someone with a migrant background ‘when do you stop being a migrant?’, the answer can often be ‘never’. Because even when you have reached a country of settlement, the journey is not finished. You have administrative, economic, social and cultural challenges that can last all life long.
In terms of connotation, the term is not neutral either. The grammatical form of the word (‘ant’ → gerundive grammatical form) translates a notion of everlasting movement. The word can give an impression of wandering and is often understood that way. ‘Migrant’ can represent wandering bodies with no purpose in the common imaginary.
EMIGRANT
In your opinion, is this figure often mediatised or used to talk about migrations?
Curiously enough, until the contemporary era, the kingdoms were more concerned about who was leaving their territories than who was entering. It was more difficult to leave a place than to enter a place. In Europe, the situation has completely changed especially with the arrival of the Schengen space, which faces the contradiction of promoting free circulation of EU citizens but reinforcing border control for non EU citizens.
In your opinion, how many emigrants are there from your country?
In 2021, there were 55 000 emigrants who had left France.
In which field is this word still used?
In surveys, in demographic count of data because it enables to assess the net migration which can be positive (immigration > emigration) or negative (emigration > immigration). In France, the net migration is positive and has been for over 2 centuries. France is a historically immigration country.
IMMIGRANT
How many immigrants are there in your country?
In 2022, the proportion of immigrants in the French population was 10.3% (7.0 million)
(First nationalities: Morocco, Algeria, Tunisia, United States, China).
UNDOCUMENTED MIGRANT
A foreign person who doesn’t have a valid residence permit for the territory in which they are present.
The far-right movements tend to call these persons ‘clandestine’. Medias and public discourses also tend to use the word ‘illegal migrants’. Beware that nobody can be illegal, only an action can be. This also participates in the amalgam between migration and criminality.
What other words tend to be used to describe the people in that administrative vacuum?
Ironically, some researchers also make the pun of “sans papiers = cent papiers” (100 papers) because they end up having even more bureaucracy than any other citizen as they need to constantly prove their existence.
The latest estimates calculated by ISMU show a moderate growth of the foreign population living in Italy: as of March, 1st 2023, it has reached more than 6 millions individuals in 2022, 88,000 more than in 2021. On the contrary, the number of undocumented people has decreased, standing at 506,000, as opposed to 519,000 estimated in the previous year (-2.5%).
In the Italian context, the use of the term ‘clandestino’ in journalistic language and public debate is still widespread. The term ‘clandestino’ recalls a situation of illegality and is often used, legally incorrectly, to refer to someone who is awaiting asylum. However, this term exists neither in international definitions nor in EU law. Carta di Roma, an association of journalists committed to correct information on migration issues, has pointed out that this word is denigrating and is one of the mainstays of hate speech at the political, institutional and social level.
In the 11th Report of the Charter of Rome 2023 Notizie a memoria, the frequency of use of ‘clandestine’ in the press and social media is analysed. In the period 2013-2023 in print headlines, ‘clandestine’ appeared 1,714 times, 68 times in the first 10 months of 2023, with a penetration in 1% of headlines.
The trend is downward. The newspapers that used this word most frequently in 2023 express a clear editorial line against immigration. An analysis of the lexicon of journalists and ordinary people on social media,
on the other hand, shows that there is an upward trend on Facebook/Meta public pages over the period 2013-2023. Furthermore, it is noted that the world of journalism has increased the use of ‘clandestine’
on its Facebook pages, contrary to the lexicon chosen for print headlines.
ISMU: https://www.ismu.org/en/the-ismu-report-on-migrations-in-italy-2022/
11th Report of the Charter of Rome 2023 – Notizie a memoria, https://www.cartadiroma.org/news/in-evidenza/notizie-a-memoria-presentazione-xi-rapporto-carta-di-roma/
How can a person fall into that category?
It can be a person who has used up all their administrative appeals. The undocumented migrants often fall into the box of “can neither be deported nor regularised”. (In general only 15% of the OQTF are executed). The law on immigrants has been complexified over the years (22 laws voted since 1990 on immigration and asylum). With the restriction of the length of residence permits and the criteria to have them (the length used to be several years but now, it is more and more 1 year, which puts foreigners constantly in the stress of the renewal. Prefectures are often late in the treatment of the files, which are more and more consistent because of more and more restrictions and it can put people who have legally the right to reside in an irregular administrative status. There is also a discrepancy between the way prefectures deal with one file (a same file can be treated differently according to the district they are in – for example, some prefectures ask for documents that are not enumerated in the law).
What are the rights of undocumented migrants?
Undocumented migrants often end up working illegally and in an informal economy. (“au noir” or under “alias”). The fact that they are unprotected by the work regulation system makes them even more vulnerable to exploitation and abuse. One of the biggest absurdities of the 2023 law passed by the French government is the article on the ‘tense professions’ (métiers en tension) allowing migrants working in certain areas considered as ‘tense’ (with not enough workers) to be regularised. However, the list that sets up the eligible ‘tense’ jobs doesn’t take into account all the areas that are filled by undeclared jobs (construction work, care work, cleaning work)… which are hugely occupied by undocumented migrants and who thus won’t benefit from a regularisation despite the fact that they fill a gap of the French economy.
However, they have access (though limited) to vital rights: the right to live, the right to have access to emergency shelter (via samu social), the right to have access to minimum healthcare (Aide Médicale d’Etat). They also have the right to get married and have a family.
The Charter of Fundamental Rights of the European Union guarantees to undocumented migrants the right to human dignity, education, fair and just working conditions, healthcare and justice (with the right to an effective remedy and to a fair trial). Because of their irregular migration status, they are vulnerable to exploitation and abuse in the workplace. They also often face legal and practical barriers in getting access to basic services, such as healthcare, education and access to justice. They may face discrimination on the basis of their race or ethnicity and gender-based violence.
In Italy, the system of ‘caporalato’ is widespread, a term referring to the illegal brokering, recruitment and organisation of labour as well as labour exploitation (mainly) in agriculture, which frequently affects irregular migrants, leading to the erosion of workers’ rights and protections.
The Spanish Arraigo Social allows migrants, even if the arrival in Spain was illegal, under special circumstances to apply for temporary residence status after 3 to 5 years.
ASYLUM SEEKER
In which context do you use this word?
‘Asylum seeker’ is an administrative status and can be used when talking about the asylum procedure. This administrative status falls into specific EU regulations (and less the international human rights law) but some countries may also add specific rights or duties on their territories.
How many asylum seekers in the world?
5,4 million asylum seekers in the world in 2022.
167 432 demandes à l’OFPRA en 2023 (145 522 premières demandes et 21 910 nouvelles demandes (comprenant les demandes de réexamen, de réouverture et les demandes d’asile introduites par des Dublinés qui ont été transférés dans un autre Etat-membre et qui sollicitent de nouveau l’asile en France)) – 25,7% de taux de protection + 21,1% de taux de protection CNDA.
How does an asylum procedure look like?
Asylum institutions in France: GUDA/Prefecture (Registration) → OFPRA (1st examination) → CNDA (Appeal) // OFII (Familial reunification / material reception conditions)
Different procedures depending on your country of origin or the countries from which you have passed: the normal procedure (which can last 6 months to 10 months approximately), the accelerated procedure and the DUBLIN procedure.
OFPRA: https://www.ofpra.gouv.fr/
How do the authorities deliberate on the outcome of the procedure?
The administration looks at the coherence of the storytelling, they have investigators specialised in specific territories, they also investigate social media profiles to see if the story is in line with this kind of ‘proof’. All documentation proving a fear of persecution (a threat letter, a justice decision…) are also examined. The auditor of an asylum interview is usually specialised on the geopolitics of the country of origin of the person and has some basic knowledge of the languages of that country even though a translator has to be present as well. After using different methodologies to testify the veracity of the story, they have to align it to asylum law and see if the applicant falls into the criteria of an international protection.
What is the country of origin of the asylum seekers?
5 first countries of nationality of the asylum seekers in France (Afghanistan, Guinea, Turkey, Ivory Coast, Bangladesh).
What are the rights of the asylum seekers?
EU regulation: Asylum seekers have a right to material reception conditions (CMA in French) that enables them to have access to housing, to receive the asylum seeker allocation (ADA in French) and a right to stay in the territory of their procedure (certificate of asylum seeker counting as a provisional residence permit). They also have a right to have a translator in the language of their choice during the audition.
In reality, these rights are not always respected as the Conseil d’Etat has stated that if the State or the Dispositif National d’Accueil (DNA) didn’t have the resources to shelter everyone, it was enough justification to not effectively shelter asylum seekers. Asylum seekers can have access to work only 6 months after the beginning of their asylum procedure (if they haven’t passed in front of the OFPRA yet).
REFUGEE
When do we use the word ‘refugee’?
In common language, a refugee is someone who has applied for asylum in a foreign country and has been recognised as a refugee. It thus refers to administrative status. However, the word ‘refugee’ can also be used as a broader word, for people who have found refuge (whether it is juridical or not) in another country.
How many refugees are there?
In the world, they are 36,4 million in 2023.
In France, 32 630 have obtained the status in 2022.
Refugees are protected by international law from the possible persecutions that could have occurred in their country of origin. They have the same basic rights as the national citizens (except some particular rights such as voting or accessing national work positions). They have a right to a 10-year residence permit if they don’t go back to their country of origin.
The 1951 Geneva Convention was written in a particular context – that of the Cold War and some politicians and sociologists such as Karen Akoka analyse the adoption of that definition for refugee as a victory for the West Bloc as it puts into a stronger position the notion of individuality. ‘Refugee’ was a way to protect individuals fleeing communist regimes. The 1951 Geneva Convention is the binding legal document of reference and because it is an international treaty, it cannot be changed. The EU regulation or the State regulation must be in sync with the Geneva Convention. However, there are some more flexible parts in the definition such as ‘membership of a particular social group’ which the jurisprudence of each country has framed.
Karen Akoka (2020) L’asile et l’exil, une histoire de la distinction entre réfugié et migrant, La Découverte
Since a few years ago, being persecuted because having an LGBTQIA+ identity has been accepted to fall into that category. Same for forced marriages or risk of excision (having already been excised is not a criterion to become a refugee). In some countries being a woman for instance in Afghanistan is also a criterion in itself that falls into the category of ‘membership of a particular social group’ but it is not the case in France for instance.
No. It is only if a person flees because of the specific categories dictated by the Geneva Convention that they can obtain refugee status. For the people fleeing a war zone, they can have a subsidiary status (4 year residence permit and a bit less rights) only if they live in a zone where there is massive and blind violence (the appreciation of the type of violence is up to the hosting administration).
REJECTED ASYLUM SEEKER
Is there a final appeal that is possible?
There can only be a reassessment of the asylum file if the person has new elements to bring to their story but it is very rare.
Are many asylum seekers rejected?
In 2023, the rate of agreement on final decisions (OFPRA and CNDA, granting of asylum or subsidiary protection) was 44.6% (France).
Are there any other ways to have a regularisation?
The rejected asylum seekers often become undocumented migrants. There are few legal channels to obtain another residence permit (in case of an illness, or being a parent of a French child etc.) but they are very restrictive. Since the 2023 law, there is the project to assign an “Obligation de Quitter le Territoire Français (OQTF)” as soon as the asylum is rejected.
Some rejected asylum seekers go back to a life of errance and might try to go to another European country to seek survival.
DISPLACED PERSON
It is actually more natural to flee in your own country first before making the step to cross an international border. It is mostly the case for environmental migrants for instance.
What are the main factors of internal displacements?
68.3 million people in the world fled conflict and violence in 2023. It touched mostly Sudan, Dem. Rep. Congo, Palestine, Ethiopia, and Myanmar. 7.7 million were displaced because of disasters. They touched mostly China, Turkey, Philippines, Somalia and Bangladesh in 2023.
How many internally displaced people are there in the world?
In 2022, they were 75,9 million. They represent a bigger share than international migrants.
In 2023, there were 7,900 internally displaced people mostly because of storm and wildfire.
UNDOCUMENTED MIGRANT
How many Unaccompanied Minors?
The UNHCR (United Nations High Commissioner for Refugees) estimates that there are currently more than 30 million unaccompanied minors in the world. According to Eurostat, there will be 17,890 unaccompanied minors among asylum seekers in Europe in 2019. In France, there is no reliable data on the precise number of UFMs present in the country. At 31 December 2019, the number of UFMs in the care of the Aide Sociale à l’Enfance (ASE) was estimated at 31,009 by the ministries (this number includes unaccompanied minors entrusted in previous years and still in care, as minors, at 31 December 2019).
In 2021, 11,315 UFMs recognised and placed in France (95% boys).
2022 saw an increase in arrivals of unaccompanied foreign minors in France (+30.64% compared with 2021) with the end of travel restrictions linked to Covid-19. 14,782 (592 in Nord and 338 in Pas-de-Calais) unaccompanied minors were taken into care by child welfare services. This number is close to the levels recorded before the pandemic
Most of the Unaccompanied Minors in France come from Mali, Guinea and Ivory Coast.
By the end of 2022, 24,000 unaccompanied minors were in Italy. They mostly come from Eritrea, Somalia, Nigeria, Gambia, Egypt and Afghanistan.
While Spain reported just over 3000 unaccompanied minors as refugees in Spain in 2020, the number has risen significantly over the last years with over 11.000 reported in 2022, which is over 3 times the number of the years before.
How is the minority assessed?
Migration history, educational background, identity documents, sometimes bone tests. The assessors don’t necessarily have the knowledge of the country of origin (the civil status, the scholar system, the cultural traditions…) and the assessment lasts 30 minutes to 3 hours and there is the obligation of the presence of a translator. If the minority is recognised, the Unaccompanied Minors are in the Child’s Protection system. If the minority is not recognised, the Unaccompanied Minors have a right to make an appeal to the children’s judge. During the time of their appeal they are in a legal vacuum (no specific rights). AEM software to make sure that a minor doesn’t try in different districts…
What are the rights of the Unaccompanied Minors?
International: International Convention on the Rights of the Child: Article 2: All rights apply to every child without exception. The State has an obligation to protect children against all forms of discrimination and to take positive measures to promote respect for their rights. All children have a right to housing, state protection, right to live in dignity and a right to education.
In France they are protected by the Aide Sociale à l’Enfance (Département). Their rights are at stake when they become 18.
Situation of minors on appeal: neither minors nor adults (rights to nothing)/no figures on refusals to recognise minority and on appeals. The appeal can last 6 months to 2 years.
What are the reasons for the departure of Unaccompanied Minors?
There is no typical migration trajectory but sociologists Angelina Etiemble and Omar Zanna have created a typology Unaccompanied Minors:
EXPATRIATE PERSON
How do you interpret the connotation of the word?
Often used to designate migrants coming from developed countries, it builds up the divide between so-called “good” and “bad” migrants. Being a migrant coming from a rich country is often seen as something valuable, as brave and adventurous. A migrant coming from a poorer country is very rarely designated as expatriate except if this person is from the upper-class.
Are many asylum seekers rejected?
On December 31, 2023, the number of people on the Register of French nationals living outside France was 1,692,978. Registration on the Register of French nationals living outside France is not compulsory.
France Diplomatie, https://www.diplomatie.gouv.fr/fr/services-aux-francais/l-action-consulaire-missions-chiffres-cles/la-communaute-francaise-a-l-etranger-en-chiffres/
STATELESS PERSON
How can a person end up stateless?
Statelessness may result from one of the following situations: Contradictions between several nationality laws Absence or failure of civil status registers in certain countries.
Which populations could be recognised as stateless?
Rohingyas, Palestinians, ex-USSR citizens…
It is possible to be both stateless and a refugee.
How many stateless people are there?
World: 4,3 million.
1.716 people in 2021.
DIASPORA
In what ways has the word evolved in history?
Originally, this term only covered the phenomenon of dispersion itself. Today, by extension, it also refers to all the members of a community across several countries.
Today, in the world, the two largest diasporas formed by migration are characterised by very powerful transnational networks between the different communities: the Chinese diaspora, estimated at between 30 and 50 million people, and the Indian diaspora, estimated at between 16 and over 25 million people. These diasporas are present on several continents and are fed by economic networks and remittances that encourage the permanent mobility of their members.
What are the most common countries of origin of immigrants in general?
The most common countries of birth for immigrants are Algeria (12.7%), Morocco (12%), Portugal (8.6%), Tunisia (4.5%), Italy (4.1%), Turkey (3.6%) and Spain (3.5%). (CF Insee)
Diasporas in France: In 2021, 47.5% of immigrants living in France were born in Africa. 33.1% were born in Europe.
Other diaspora countries of origin include Mexico (12 million), Russia, Bangladesh, Pakistan and Ukraine.
IOM definition: Migrants or descendants of migrants whose identity and sense of belonging have been shaped by their migratory experience and journey, and who cultivate a collective memory, maintain a link with the territory of origin and a strong group consciousness.
ENVIRONMENTAL MIGRANT
Is this the only term that can be used to describe people fleeing their homes for climatic reasons?
We can also talk about eco-migrants, climate refugees, climate displaced people… Depending on one’s point of view, a different term will be used. There is no agreed definition. The UNHCR excludes the term ‘refugee’ because there is no environmental reason in the Geneva Convention (mandate logic), while the IOM refers to ‘environmental migrants’. Political scientist François Gémenne prefers the term ‘refugee’, which highlights the political responsibility for the treatment of these people.
Minimal integration into the Paris Agreement (COP21): the term ‘migrant’ appears only once in §11 of the Preamble. + ‘mobility’ in §49.
For the moment, the majority are internally displaced persons.
Which countries are most vulnerable to climate change?
Bangladesh, Guinea Bissau, Sierra Leone, Haiti, Cambodia, the Philippines, Ethiopia, etc.
First of all, it is important to understand that not all ‘environmental migration’ is due solely to the effects of climate change, or even natural hazards (earthquakes, tsunamis, volcanic eruptions), but that ‘environmental’ displacement is also often linked to human activity: pollution, industrial accidents, dispossession of land, displacement of villages in the case of mining (e.g. the gold mine in the Sadiola commune in Mali). In all these cases, migration appears to be the ultimate solution to degradation, whatever the cause. In this respect, the IOM recommends that migration should be seen as a strategy for anticipating hazards and as part of the mechanisms for adapting to environmental problems.