Actu Submission on the 1999 2000 Immigration and Humanitarian Intake
ACTU SUBMISSION ON THE 1999 – 2000 IMMIGRATION AND HUMANITARIAN INTAKE
1.Introduction
1.1Australian immigration policies have always been set in the context of global developments, including the protection of individuals and families forced to flee for their safety, and national concerns and interests.
1.2The International Confederation of Free Trade Unions (ICFTU) recently noted that: “globalisation has led to unprecedented levels of migration. The ILO estimates there are more than 42 million migrant workers worldwide. An accurate estimate is difficult to arrive at, however, and the ILO figures do not take into account the millions of illegal migrants. Nor countries, for which figures are rarely recorded. China alone has 80 million internal economic migrants.” [Migration and Globalisation: The New Slaves, p.1, website:
1.3The ICFTU went on to highlight some of the contradictory elements of this emerging globalisation of labour. It suggested that: “in the host countries the migrant workers are the perfect scapegoats, as was dramatically demonstrated by the recent Asian crisis which led to hundreds of thousands of migrants abruptly being sent home like unwanted goods to their own country. Although several studies show that migrants contribute more to their host country than they cost them, host country nationals frequently accuse them of ‘stealing the bread from their mouths’ and treat them like second class citizens – with the same obligations but not the same rights as national citizens, particularly in terms of social security. The ICFTU study points to the contradiction between the economic motives that favour migration and the cultural and political rejection faced by all too many migrants.” [p.2]
1.4The Refugee Council of Australia in their Humanitarian intake submission, concludes that tensions between and within states continues to threaten the personal safety and security of increasing numbers of people. It suggests that: “there is little doubt that as we approach the new millennium, the international protection regime for refugees is facing its greatest challenge in 50 years, with many taking the view that the domestic concerns of States are winning out against their international responsibilities.” [p.5]
2.ACTU Responses
2.1From the beginning of Australia’s post war migration programme the Australian trade union movement has been an integral part of the consultative process, and, with employer organisations and community groups, has co-operated with the government of the day, in the development and implementation of migration and settlement policies.
2.2Through the decades of post war migration, the ACTU has affirmed at the advisory organisation level, its submissions, and as an organisation concerned with labour issues, that the migration of workers is not a commodity to be regarded as yet another product or service, but it is about people who have both integrity and dignity as human beings.
2.3All Federal governments in the post war period have recognised the role of significant institutions, whether church, employer, community or union, in ensuring an effective immigration programme.
2.4The current Federal Government, except on one occasion, has excluded the ACTU from any consultative or advisory body. In some states and at the national level there is a good working relationship with those responsible for the administration of the immigration programme, particularly the labour market programme. At the national level there are no formal relationships.
2.5The ACTU believes that in determining Australia’s migration policy consideration should be given to the following factors:
- In general, immigration is not an effective or desirable instrument in overcoming long-term market deficiencies.
- Immigration programmes with specific economic objectives, whether permanent or temporary should be integrated with labour market planning, policies and programmes.
- Policies must be designed to ensure workers recruited from overseas are not exploited or systematically channelled into low paid, low skilled and unsatisfying work.
- Policies relating to the selection of people for settlement in Australia should not discriminate between applicants with respect to race, religion, national origin, sex, sexual preference, language or age.
2.6The ACTU, together with affiliates and state branches have co-operated with other community-based organisations, including religious organisations, in combating the anti-migration and racism expressed in One Nation’s policies.
2.7Unions also have been active in the support of refugee’s asylum applicants, such as the East Timorese, to ensure that their cases are treated in a just and humanitarian way.
2.8In the development of our policies we have recognised the valuable and significant contributions of expert bodies such as the Refugee Council of Australia and community organisations such as the state and federal ethnic communities councils.
2.9Debates on immigration have generally in the post war period, (and Australians have always debated immigration), contributed to a better understanding of immigration and the contribution it has made to Australian social, cultural and economic development. However, we can only agree with FECCA (Federation of Ethnic Communities’ Councils of Australia) submission, that: “among ethnic communities throughout Australia there is deepening concern that immigration has become a divisive issue – and that it has the potential to fracture communities along many different fault lines.” [p.8]
3.Migration
3.1The ACTU continues to support the rationale for the different dimensions of the whole programme. The Humanitarian (Refugee) Programme is widely accepted as a different and separate programme, with both a rationale and integrity, different from the skills categories of the Migration Programme.
3.2Migration policies, particularly those related to labour market categories are effective when they are kept under continuing monitoring and review. Such reviews of the labour market categories in particular, have been able to demonstrate their effectiveness, when all parties – state and federal governments, employers, interested community organisations as well as unions, have been involved. The ACTU again indicates its willingness to participate in such a process.
3.3The ACTU continues to strongly support the family dimension of Australia’s immigration programme. This emphasis in the programme, has been recognised by all governments as one of the fundamental values of the programme. As FECCA notes, the role of the family in immigration policies and programmes recognises: “that the benefits people may bring to the workplace and the economy need to be seen in the broader context of the benefit to Australia’s community life, at the heart of which is the family in all its various and culturally diverse manifestations.” [p.17]
3.4The ACTU is concerned that the current immigration programme continues to increase the numbers of skilled migrants without any strategic planning or linkage with other dimensions of labour market planning.
3.5The continuing privatisation of labour market programmes and placement of unemployed workers, as well as the rationalisation and ever relentless budget cuts to government departments and services, has severely and significantly affected, the working relationships which once existed between all government – state and federal - departments whether labour, industry or immigration
3.6One of the major issues of concern to trade unions is that there appears to be little relationship in policy development between training and the plan of the current Federal Government to continue to increase the intake of skilled workers.
3.7The most recent International Labour Office’s “World Employment Report 1998-9 – Employability in the Global Economy: How Training Matters”, concludes that:
“In the face of this rapid globalisation and competitive pressures countries have a greater need to invest in the skill development and training of their workforce. Yet these same global forces appear to be reducing opportunities and incentives for training for many workers by undermining long-term employment relationships and excluding low-skilled workers from employment. Training systems are also under pressure as technological change, shorter product cycles and new forms of work organisation alter the environment in which training decisions are made. Countering these pressures on training incentives and training systems is essential to successful adaptation to ongoing economic change.”
3.8“In view of these far reaching developments”, it continues, “both enhancing the education and skill levels of workers and finding the most effective means of doing so are becoming of central importance in economic, business and employment strategies worldwide. A global consensus is emerging that one of the keys to a productive and competitive economy in the next millennium is a well-trained and adaptable workforce.” [p.2]
3.9Immigration planning which promotes increases in skilled intakes without taking into consideration the domestic supply and training of skilled workers will continue to cause concern not only within the union movement, but within the wider community.
3.10Parental concern such as the following will continue to increase if there is not a more strategic approach taken to increasing skill levels:
“Young the victims – It’s time the public and government were made aware of what is happening to youth with Centrelink agencies. Our son was promised an apprenticeship. He worked solidly for three weeks, but no apprenticeship papers were signed. The job was completed and he was told he was not required. This same employer during that time had six other lads, all for about two days. Abusing the system to get cheap labour on the promise of an apprenticeship is deplorable. Our son desperately wants an apprenticeship in landscape/construction/horticulture. But do these jobs genuinely exist? Government agencies must be aware that some employers continually use them to their own advantage.” [Letter to the Editor, Herald Sun 2.3.99]
3.11Current immigration policies on increasing skilled intakes appear not to be aware of reports such as those produced by ANTA (Australian National Training Authority) or being aware of them, are deliberately taking a decision to encourage employers to ignore their training obligations.
3.12A recent ANTA report, for example, noted the impact on decreasing apprenticeship intakes by the growth of the labour hire industry. That report (Impact of the Growth of Labour Hire Companies on the Apprenticeship System, ANTA, 1998) concluded that the growth of labour hire has: “contributed to the deferral of consideration of longer term skills requirements. While labour hire firms are able to access skilled workers they are unlikely to consider taking on apprentices unless their clients require them or other incentives are put in place. While firms operate in volatile market conditions and are able to access skilled labour through labour hire they are less likely to take on the perceived burden and cost of an apprentice, unless operating under an historical attachment to doing so, or believing that their specialised skill requirements will on be met through internal development of a suitably skilled work force.” [p.2]
3.13The ACTU continues to support a targeted, strategic skilled migration policy.
3.14Such a policy should be one, but only one part, of an overall strategic labour market policy. One way which the ACTU believes such a strategy could be developed is through an expanded labour agreement process. The ACTU therefore welcomes a recent press statement by the Immigration Minister that he is proposing “to bring back a tripartite scheme of labour agreements”. [Age 22.2.99]
3.15Such schemes are a valuable policy mechanism in analysing enterprise and industry needs, commitments to training, identifying other skill inputs, as well as positioning the issue of the entry of skilled workers in broader labour market planning and industry development.
3.16Three further labour market dimensions which are not integrated into the skilled labour migration policy and should be, are:-
[i]temporary migration of skilled workers
[ii]backpackers
[iii]illegal workers.
3.17The Government’s own research has indicated the dilemmas confronting the expanded backpacker intakes and the seasonal shortage of labour in rural areas but has done little other, than to undertake highly publicised and orchestrated raids on illegal workers.
3.18The ACTU supports strong measures being taken against any exploitative, manipulation or non-compliance with immigration laws. However, to target only illegal workers and not, for example, target employers who hire them seems to be a distorted policy open to charges of scapegoating workers and deliberately ignoring the industrial conditions of seasonal work.
3.19Given what the ACTU sees as a lack of a transparent, integrated skilled labour migration policy, as well as some further concerns (see later paragraph) the ACTU believes that the current intake numbers should remain broadly the same, i.e., around 70,000.
4.Humanitarian (Refugee) Programme
4.1The ACTU strongly supports the two basic objectives of the Humanitarian Programme:
[i]to assist the United Nation’s High Commissioner for Refugees to resettle an identified caseload based on its assessment of world-wide resettlement needs;
[ii]to assist persons overseas who are suffering discrimination or are in other vulnerable situations and who have close links with Australia.
4.2The ACTU supports the Government’s policy of ensuring that refugees and those coming under the Special Humanitarian Programme and Special Assistance Categories, are given special support and assistance in their resettlement.
4.3Given the developments in a number of regions (e.g. Kosovo) the ACTU would support an increase of 2000 in this category: i.e. total programme figure of 14,000 (cf. over the previous year 1998-9 planned total of 12,000).
4.4The ACTU, however, has been concerned to note that the Federal Government’s policy of tendering out services is being done to the detriment of many refugees. The Ethnic Communities’ Council of Victoria, after examining the latest round of tendering specifications concludes that the Federal Government fails to provide: “a uniform integrated and cost effective system”, and has instead “opted for further fragmentation of services available to people who are amongst the most vulnerable within our society.” [Media Release 10.3.99]
5.Other Issues
5.1The ACTU strongly supports a policy of 3 –5 year strategic planning cycles for immigration intakes, whether, temporary or permanent, rather than the current emphasis on annual reviews, consultations and planning.
5.2For a number of years both the ACTU and community organisations, have expressed their concerns with the current process of consultations. The ACTU would support a re-examination of this process particularly in the context of the development of a more strategic approach to policy and programming.
5.3With FECCA, the ACTU supports a bipartisan approach to issues related to migration and humanitarian policy and programming.
5.4In its 1997-8 submission the ACTU raised the issue of racial harassment and discrimination in the workplace. There are continuing significant rates of complaints being recorded by both state and federal equal opportunity/discrimination agencies and at the national level little appears to be done in addressing the issue.
5.5The agency Human Rights and Equal Opportunity Commission (HREOC), with the responsibility for the implementation of ILO convention or discrimination in the workplace, has been confronted with attacks on its integrity, budget cuts, as well as a refusal by the Federal Government to proceed with an integrated policy of countering racism in the workplace. A policy which was developed and a process commenced to implement that policy, has been ignored by the Federal Government.
5.6In the past year affiliates of the ACTU have identified a number of employers who have been engaged in systematically exploiting workers. These workers, as one union official described the situation in the construction industry: “are often exploited by unscrupulous bosses who put the workers and the general public at risk”. [Workers Online, Issue No. 2,
5.7Affiliates of the ACTU involved in such cases have received and appreciated the support of staff of the Department of Immigration and Multicultural Affairs.
5.8The workplace based English language and literacy programme currently being integrated in union based training (e.g. construction industry) has led to these programmes being world leaders in best practice in training. The ACTU strongly supports their continuation and expansion.