The 4th CEENOM Meeting, October 27-29, Suzdal, Russia

1. The 4th CEENOM Meeting, October 27-29, Suzdal, Russia

2. Illegal/Irregular Immigrants and Their Economic Activities in the Czech Republic (Preliminary Results of a Qualitative Research) Dušan Drbohlav Zdeněk Čermák Dagmar Dzúrová Eva Janská Dita Čermáková Lenka Lachmanová Department of Social Geography and Regional Development, Faculty of Science, Charles University in Prague drbohlav@natur.cuni.cz

3. RESEARCH PROJECT: International Migration and Migrants´ Illegal/Irregular Activities: The Czech Republic in a Broader European Context Dušan Drbohlav (leader of the team) Zdeněk Čermák Dagmar Dzúrová Eva Janská Dita Čermáková Lenka Lachmanová

4. Main goals of the project • To map migrants´ illegal/irregular/quasi-legal activities • To penetrate their migration motives • To follow their transit to and living conditions in the new country • To analyse their relationship to their mother country • To find out what their future behavioural stategies are • To analyse changes after the enlargement of the EU • To ascertain migrants´ impact upon society and vice versa to measure how effective - in migration field - regulatory measures are • To compare results among the Czech Republic, Austria and Humgary Project sponsored by the Ministry of Labour and Social Affairs Project: Program: „Modern Society and Its Changes“ No. 1J/PR/03327 more information: www.geography.cz/illegal.htm

5. Testing theories and concepts • „Push-pull“ • Neoclassical economic theory • Dual labour market theory • Network theory • Institutional theory • Transnationalism

6. Time schedule 2005, methods 1) Expert interview (N=30) • Delphi survey (N=30) • Questionnaire survey Illegal/irregular migrants from (N=100): A) Post-Soviet area (European part), B) Vietnam, China, C) the USA, Canada Both quantitative and qualitative approaches

7. What is your current job, specialization and position? What role do you and your institution play in relation to illegal/irregular migration and related issues? • Altogether – 22 interviewees WORK for: • 7 NOGs • 7 GOs • 6 academic sphere • 2 ethnic associations • SPECIALIZATION • mostly humanities - law and sociology • Illegal/irregular migrants are often not a direct target group (except for respondents from IOM) – mainly legal counselling, humanitarian aid • Some respondents cover the whole issue of illegal/irregular migration, some only some segments (e.g. „grey economy“, businessman, individual ethnic groups – Ukrainians, Vietnamese)

8. How would you define illegal or quasi-legal migrants´ economic activities in the CR while taking into account a difference: employees vis-a-vis small businessman? • It has to do with - breaking a law, legislative rules Different views: a) „Quasi-legal“ does not exist – either legal or illegal; b) „quasi-legal“ – it is legal but not in harmony with what legislators thought; c) Irregular better term than illegal – more general – illegal migrants have no rights to stay in the country; d) Illegal work – employee´s responsibility versus illegal employment – employer´s responsibility; e) illegal migration – it is not only breaking rules concerning a stay and work but it is also tied to organized mafia-like structures. Reality in the CR – it is often difficult to distinguish whether you act in line with a law or against it!

9. What are main types and forms of migrants´ illegal/irregular economic activities in the CR? • 1) Work without residence and work permits and without any work contract(probably the most typical – construction, auxiliary work, cleaning etc. …) • 2) With a residence permit and a trade license – however, „hidden employment“ – they work as typical employees • 3) They come under the umbrella of a tourist visa, they work and they often stay after they visa have expired • 4) Asylum seekers who start working immediately after their asylum application has been submitted • 5) Not fullfiling the main purpose for a stay, e.g. while proclaiming family reunification or study, they occasionally work (services, translations etc.) • 6) Tourists who come within a free visa regime (some western migrants) and work also often for a long-term period

10. What are main types and forms of migrants´ illegal/irregular economic activities in the CR? • Via establishing public trading and limited liability companies, foreign business persons legally operate and function only as employees. • Pretending services (making use of the EU rules) – an entrepreneur who is registered in one of the member states has a right to provide services in other MS (e.g. misused by Poles in the CR). Different time horizons: 1) Those who want to stay for ever 2) Those who stay for a long time while keeping intensive ties with their country of origin 3) Those who stay for a short time (1-2 months) Other typical features: a) client system, b) flexibility (shifts among economic sectors/branches, occupations and regions)

11. Basic personal characteristics of illegal/irregular migrants in the CR • Country of origin: countries of the former Soviet Union – Ukraine, Moldova, Belorussia, Bulgaria, Albania, countries of the former Yugoslavia, Poland, Afghanistan, Vietnam China, the USA • Specialization (niche) – Ukrainians – auxiliary works in construction, … Vietnamese – retail (cheap goods), Western immigrants – services (translations, leading various courses etc.) • Sex: Males slightly dominate over females • Education: Ukraine – mostly secondary education, however, it does not correspond to what is a standard in Western and Central European countries • Family status: all possible categories involved, if children – than left at home

12. How do migrants´ illegal/irregular economic activities in the CR differ from those performed by citizens of the country? • Sanctions for migrants are stricter, much more hit a given person,… no base in a host country • Migrants are discriminated (work, salaries, working conditions, relations …); activities are well organized - clients/agencies takeover some of the responsibilities • Often mafia-like structures and organized crime involved

13. In which sectors/branches, occupations, companies and regions do illegal/irregular migrants mostly operate? • Branches - construction, agriculture and forestry, services (including domestic ones) • Occupations – bricklayers, chambermaids, auxilliary works, manual/low skilled activities • All types of companies involved – from small (direct contact) to big ones (via (subcontracting) • Big cities and western part of the country

14. What are the most important positive aspects related to migrants´ illegal/irregular economic activities? • The CR needs such work – fullfiling gaps on the Czech labour market (Czechs are not interested – „3D“, some professions are missing) • They importantly contribute to the Czech welfare (various impacts …) • Due to migrants´ flexibility the ecomomy as such is more efficient • Entrepreneurs especially gain – they save money – pay low wages, do not pay taxes and insurance… • Migrants´ good quality (?) but mainly not long lasting work, cheap laborforce • Migrants´ put no burden on the social system • Society is enriched through a communication with different cultures

15. What are the most important negative aspects related to migrants´ illegal/irregular economic activities? • Democracy is undermined • Hidden criminal (mafia-like) structures are being created • Corruption is flourishing (police, state officials, customs officers) • Bad image put on all migrants (including legal ones) • Possible impacts upon international relations (CR vis-a-vis Ukraine) • They do not pay taxes (except VAT) and custom-duty (huge import) • It contributes to separation/segregation trends (Vietnamese) • They harm Czech entrepreneurs who stick to given laws/rules • Czechs lose some of the working opportunities • In the case of a personal accident or casualty – huge expenses on the side of the CR • Loss of migrants´ potential human capital

16. What are the most important negative aspects related to migrants´ illegal/irregular economic activities? Concerning migrants: • No legal protection • Discrimination • No access to social and health insurences • Small possibility to make use of their own human capital • Problems for legal migrants since employers got used to employ illegal/irregular migrants

17. How were migrants´ illegal/irregular economic activities seen during the last 15 years? • 1990-1997 - Very liberal policy without installed controling mechanisms – „doors opened“ • The state knew about the problem but more or less ignored the issue at that time – there were many other problems on the agenda … • New escalation of the issue related to more restrictive new migratory legislation in 1999/2000 • The state combats illegal migration (basic policy principles – 2003, Interministerial Body, Action Plan 2004) • Now - some say – it is better due to an impact of the EU - more restrictions (controls), but also somewhere more liberal regime … • Some say – it is worse – „nobody cares about that“ …. The issue is not very much discussed and publicized, some exceptions 2004-2005

18. How is paying attention tomigrants´ illegal/irregular economic activities related to a more general development? • Migrants change their behavioral strategies in relation to changing legislation • More restrictive approaches (and related huge administration/paperwork) lead to increasing illegal/irregular activities • When the economy is booming (demand for a laborforce is growing) - migrants´ illegal/irregular economic activities are more tolerated, …when the economy is stagnating – migrants=scapegoats ….. not yet in the CR! • „Brutal criminality“ tied to migrants, to large extent, disappeared • Czechs do not accept populists in this field too much

19. Are there any new forms/features regardingmigrants´ illegal/irregular economic activities after the enlargement of the EU on May 1,2004? • System of migrants´ illegal/irregular economic activities imported to the EU (flexible models) …e.g a „client system“ • On the other hand, the EU legislation has an impact upon the national one – „mandatory harmonization“ • Pretended providing services (based on the EU regulation) • The Dublin II Agreement – smaller room for migrants to operate in, „pull“ for illegal/irregular status of migrants in CEEc • Probably more intensively influenced by joining the Schengen Agreement (in a fall 2007?)

20. How many illegal/irregular migrants do stay and work in the CR? Has that number changed over the last five years? What sources are your assessments based on? • It was a very difficult question … one half of the respondents did not dare to answer • Estimates varies between 40,000 and 200,000 • Slightly more respondents voted for increasing numbers over time (7) as compared to decreasing (5), 6 expressed that the numbers are stabilized • Changes in forms over time – from illegal/irregular to quasi-legal, from employment to running business • Assessments based on respondents´ own experience, literature, statistics/data (e.g. Alien and Border Police), Ukrainian Embassy in the CR

21. What is migrant´s health care like? How do they solve health problems in the CR • It depends on „clients“ but also on an individual ethnic group: • Vietnamese are not insured, when having problems they go to see his/her „ethnic doctor“ • After meeting with an accident, one can „legalize“ his/her treatment via paying a commercial insurance • After meeting with an accident, they immediately leave the country • After meeting with an accident (and not being insured), a „client“ pays for „his employee“ in cash in a hospital • After meeting with an accident (not being insured and not having a responsible client) – a migrant ends up in asylum or detention centres where some basic health care service is at person´s disposal

22. What is migrant´s housing/accommodation like? • Conditions depends on how much one wants to invest in it … also on branches of the economy and a type of work (e.g. construction versus forestry versus homeworks) and on an ethnic group … • Better conditions than 10 years ago - more pieces of information … - However, also very poor conditions do exist – construction - dorms, huge concentrations of people, (20 migrants per 20m2,cellars/underground spaces) bad hygienic conditions, a periphery of big cities or some central parts of cities (Prague) Vietnamese often lives with their compatriots – family members or friends

23. What forms of payments for migrants do exist? • Wages are always lower as compared to Czech employees since no taxes are paid • Payments mosty in cash (in USD) – based on agreement between a client and a migrant, no signed contracts … • Sometime advance payments are paid but „a base amount“ will never arrive … • Unqualified/low skilled/manual work – about 120- 80 Czech crowns per hour go to a client, in fact a worker has got about 40 Czech crowns (in addition, a migrant has to often pay for his/her accommodation); sometimes no money are paid, sometimes money are stolen from him/her (on a border) • Often a minimal wage plus additional moneyare paid

24. For how long do migrants stay and work in the CR? • Various forms applied – individual ethnic groups stick to different modes: - Slovaks – circulate monthly (go home for social subsidies payments) - Ukrainians– a short-term circulatory movements (several months, problems when a tourist visa expires (after 90 days) - Vietnamese – rather a long-term stay (3 and more years) – getting into debts • By branches • Construction - short-term and mid-term stays • Industry (automobile, food) - long-term stays

25. What sort of discrimination are illegal/irregular migrants in the CR exposed to? • Many different forms of discrimination in terms of: - wages (employers, mediators/clients) - work load and working conditions (safety, hygienic conditions, housing conditions) - „psychological blackmailing“ - blackmailers: Police, officers, compatriots, mafia-like structures - sexual exploitation: women - antipathy to foreigners within the majority population No appeal possible!

26. Conclusions • The existing information on illegal/irregular migrants and their activities in the CR is far from complete • The phenomenon of migrants´ illegal/irregular economic activities is an important issue with many implications for the whole society • To large extent, the illegal/irregular migrants behave in the CR like in many other developed immigration countries • The phenomenon has shifted in the CR over time from more „brutal/drastic“ to more „decent“ forms – i.e. from illegal to quasi-legal