Provision of evaluation and evaluation related services to DG EMPL, including support for Impact Assessment Activities" VC/2008/481

Evaluation of ESF Support for Enhancing Access to the Labour Market and the Social Inclusion of Migrants and Ethnic Minorities (VT/2009/058 )

Inception Report

December 2009

P O Box 159

Sevenoaks

Kent TN14 5WT

United Kingdom

Evaluation of ESF support for enhancing access to the labour market and the social inclusion of migrants and ethnic minorities
Contents
SECTION / PAGE
1. / Introduction / 1
1.1Evaluation aims and scope
1.2The labour market and social integration of migrants and minorities - EU competence and legal framework
1.3EU policy context – short overview
1.4The ESF and wider EU programmes in support of the labour market and social integration of migrants and minorities
1.5Phase 1 – progress update / 1
2
6
8
15
2. / Literature Review and Conceptual-Theoretical Framework / 16
Phase 1 desk research
2.1Labour market situation of migrants, ethnic minorities and the Roma
2.2Literature review on labour market and social integration of migrants and minorities
2.3Review of ESF information sources and data gaps
Conceptual-theoretical framework
2.4Working definition of migrants and ethnic minorities
2.5Typology of ESF interventions
2.6Intervention logic
2.7Measurement framework and indicators / 16
23
35
39
46
48
50
3. / Methodological Approach / 53
3.1Methodology - overview
3.2Methodology – Phases 2 and 3
3.3Timetable and work organisation / 53
54
83
APPENDICES / PAGE
A. / List of proposed interviews / 85
B. / Research tools (interview checklists and draft survey) / 88
C. / Reporting templates / 99
D. / Revised workplan / 103
E. / Typology of ESF expenditure / 104
F. / Definitions of migrants and minorities in 15 EU member states / 106
Evaluation of ESF support for enhancing access to the labour market and social inclusion of migrants and ethnic minorities / Section
Introduction / 1

1.Introduction

This document contains the revised inception report in respect of the Evaluation of ESF support for enhancing access to the labour market and the social inclusion of migrants and ethnic minorities. The work is being carried out by the Centre for Strategy & Evaluation Services (CSES) on behalf of the Evaluation and Impact Assessment Unit ofDirectorate General for DG Employment, Social Affairs and Equal Opportunities (hereafter “DG EMPL”).

1.1 Evaluation aims and scope

The objectives of the Evaluation of ESF support for enhancing access to the labour market and the social inclusion of migrants and ethnic minorities are, in summary, to:

  • Assess the European Social Fund's contribution to enhancing access to the labour market and the social inclusion of migrants and ethnic minorities;
  • Identify the most effective means of tackling barriers to the social and labour market integration of migrants and ethnic minorities;
  • Provide guidelines for the Member States on the implementation of the ESF Operational Programmes in the 2007-2013 programming period in order to target beneficiaries from these target groups more effectively;
  • Make recommendations looking ahead to the role of the ESF in promoting access to the labour market for migrants and ethnic minorities post-2013

The evaluation will focus on ESF interventions supported in both the 2000-2006 and the 2007-2013 programming periods. The research will also need to take account of activities supported through the EQUAL Community Initiative 2000-2006. With regard to country coverage, 15 EU countries will be included in the sample in order to ensure representative coverage.

The General Regulations on Structural Funds for the new 2007-2013 programming period (EC) No 1081/2006 make explicit reference for the first time to the need to promote access to the labour market for both migrants and minorities as a tool for ensuring their social integration. Article 10 of the new Regulations introduce a requirement for regular monitoring and reporting on the promotion of equal opportunities for particular target groups at risk of disadvantage in the labour market during programme implementationthrough annual and final implementation reports. The need for reporting on gender and on minorities was highlighted in particular.This evaluation helps respond to the commitment to strengthening the monitoring of the impact of ESF on particular social groups at disadvantage in the labour market in order to strengthen the fund’s potential contribution in future to enhancing their access to the labour market and in promoting social inclusion objectives.

The evaluation will be managed by the Evaluation and Impact assessment Unit within DG Employment, Social Affairs and Equal Opportunities, with regular meetings and feedback from a wider Evaluation Steering Group, comprised of wider EU officials from the policy units.

1.2The labour market and social integration of migrants and minorities - EU competence and legal framework

In this sub-section, we provide a short review of the following aspects:

  • Relevant areas of the EU legal framework
  • The areas of policy responsibility of the different Directorates-General involved in work on issues relating to the labour market and social integration of migrants and minorities
  • The institutional framework for promoting the labour market and social integration of migrants and minorities established by the European Commission (internal and external working groups, high-level groups, etc.)

1.2.1EU legal framework

The EU has competence in a number of areas that have a bearing on the labour market and social integration of migrants and minorities. In this sub-section, we summarise those aspects of the EU’s legal framework that are especially relevant. This includes:

  • The EC Treaty and commitments to promoting equal opportunities and rights for minorities, as well as the definition of legally-residing migrants from third countries
  • The EU Charter of Fundamental Rights, which has become law as a result of the entering into force of the Lisbon Treaty
  • Anti-discrimination legislation at EU level for the promotion of equal treatment regardless of race or ethnicity, among other relevant grounds, including gender

Legislation relating to the development of a European framework on legal migration The EC Treaty sets out a number of commitments to the promotion of equal opportunities for all, including migrants and minorities. Article 2 provides that the promotion of equality between men and women is a task of the European Community. The entry into force of the Lisbon Treaty in December 2009 has strengthened the recognition of minority rights through the introduction of Article 1a which states that the European Union is ‘founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’.

The coming into force of the Lisbon Treaty has also made the Charter of Fundamental Rights of the European Union part of EU law, again helping to strengthen and reinforce protection from discrimination for particular groups. Article 21 of the Charter states that "Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited."

Article 13 of the Amsterdam Treaty, which came into force in 1999,strengthened Community competence in the area of anti-discrimination and provided specific new powers to combat discrimination on the grounds of sex, racial or ethnic origin, religion or belief, age and sexual orientation. Based on these new powers, the Community subsequently adopted two Directives on Equal Treatment in 2000. The objective was to strengthen the legal framework in respect of the prevention of discrimination in employment and in education and training.

The Race Equality Directive[1]established a general framework for equal treatment on the grounds of race or ethnic origin in employment and training, education, social protection (including social security and healthcare), and access to goods and services, including housing on the grounds of race or ethnic origin. The Equal Treatment in Employment Directive[2] established a general framework for equal treatment in employment and occupation for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation.The equal treatment Directives are relevant to this evaluation because the ESF includes scope for supporting measures to combat discrimination in the context of promoting access to the labour market for migrants and ethnic minorities.

Other relevant articles within the Treaty include Article 136, relating to fundamental social rights. This states that the Community and the Member States shall have as their objectives the promotion of employment, improved living and working conditions, [....], the development of human resources with a view to lasting high employment and the combating of exclusion. Article 137 states that in order to achieve the aims of Article 136, the Community shall support and complement the activities of the Member States in fields including (g) the conditions of employment for third-country nationals legally residing in the Community and (h) the integration of persons excluded from the labour market.

The Amsterdam Treaty (May 1997) established immigration and asylum as areas of Community competence for the first time. Following the Amsterdam treaty, the Tampere Council meeting in 1999 marked the beginning of the development a common EU integration policy. The EU however does not have exclusive competence for integration and immigration policies. This mainly falls within the remit of the 27 EU member states with the European Union playing an important coordination role.

If the Lisbon Strategy is adopted, there will be a strengthening of Article 61 of the Treaty. This states that the EU ‘shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals’.This provides a legal framework, for example, for the labour market integration of Roma legally-residing within the EU but without citizenship from a particular member state.

The EU acquis concerning the right to work for third-county nationals is made up of a number of key pieces of legislation. This includes for example Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons, Directive 2003/9/EClaying down minimumstandards for thereception of asylumseekers and Directive 2003/86/ECon the right to familyreunification.

Moreover, the recent development of the first common legal framework for the admission of migrants from third countries is likely to have an impact on the flows and stock of migrants within the EU labour market. Among the key developments in this regard include the 2005 Policy Plan on Legal Migration. This proposed laying down simplified admission procedures and conditions for specific categories of migrants and securing the legal status of third-country workers already residing in a Member State.

In October 2007, the Commission presented the first two legislative proposals flowing from this Policy Plan: a general framework directive on the basic socio-economic rights of all third-country workers (‘Framework Directive’ and a directive on the admission of highly-skilled migrants (‘EU Blue Card Directive’).The ‘EU Blue Card Directive’, adopted on 25 May 2009, establishes more attractive conditions for third-country workers to take up highly qualified employment in EU member states by creating a fast-track procedure for issuing special residence and work permit called the ‘EU Blue Card’. The Blue Card will facilitate access to the labour market to their holders and will entitle them to a series of socio-economic rights and favourable conditions for family reunification and movement across the EU.

In respect of the Framework Directive, the second proposal presented in 2007 is still being negotiated by the Council. The provisions of the Directive aim to introduce a procedural simplification – single application procedure and single permit – and secure the legal status of third-country workers legally residing in the territory of a member state by granting them a minimum common set of rights in the form of equal treatment. The Commission also envisages three additional legislative proposals. They will refer to the conditions of admission of: seasonal workers, intra-corporate transferees and international trainees.

These developments are important in that they relate to the development for the first time of a common EU framework on legal migration. The ESF will have a key role to play in terms of integrating these new migrants in future, since research suggests that more recent newcomers tend to need most support in being integrated into the labour market.

1.2.2Policy responsibilitiesfor migrants and minorities across the different Directorates-General

Having reviewed the EU’s legal competence in those areas most likely to have a bearing on the social and labour market integration of migrants and ethnic minorities, we now summarise the role of the different Directorate Generals within the Commission.

DG Employment and Social Affairs plays a key role in promoting the integration of migrants and minorities. There are various areas of policy responsibility falling under its aegis that are especially relevant from the point of view of this evaluation. It has a strong interest in migrant integration issues in employment, with some officials focusing specifically on this question. Also of pertinence is DG EMPL’s general role in promoting employment and competitiveness by boosting employment rates through the framework of the European Employment Strategy. This involves coordinating the employment policies of the member states and ensuring that social groups with lower participation rates than average are actively encouraged to promote increased labour market participation.

Another key policy area is DG EMPL’s role in promoting the social inclusion of disadvantaged groups through the social OMC and the national strategies on SPSI. A further area of DG EMPL’s policy remit – combating discrimination and promoting diversity – is also highly important in tackling the labour market disparities experienced by migrants from third countries and by some minority groups. It is responsible for monitoring the implementation of anti-discrimination legislation to protect workers from discrimination in access to employment across the EU.

The policies and actions of DG EMPL are not just limited to first-generation immigrants or third country nationals; they also cover second- and third-generation immigrants as well for promoting job mobility within the EU. This is an important distinction with the work of DG JLS.

Competence within the EU for dealing with integration policy lies mainly with the European Commission’s DG Justice, Liberty and Security (JLS), which focuses on the integration of first-generation migrants from outside the European Union (i.e. third country nationals) with a view to establishing an EU-wide legal immigration policy. DG JLS only considers nationals from non-EU countries as migrants. Article 61 of the consolidated EC Treaty (Title IV - Visas, asylum, immigration and other policies related to free movement of persons) sets out EU competence in the area of asylumseekers and immigrants. While there is no clear definition of 'immigrant' in this document, it is clear that DG JLS is concerned with the integration of third country nationals, rather than the inclusion of more long-standing immigrants with a minority background.

Other Directorate-Generals, such as DG Education and Culture (EAC) and DG Regional Policy (REGIO) also have an interest in issues relating to the integration of migrants and minorities in the labour market. In the case of DG EAC, there are links between ensuring improved access to education and vocational training and integrating individuals at disadvantage into, or at least closer to the labour market. Lack of access to basic education and the high prevalence of early school leavers among some ethnic groups such as the Romaconstitutes a significant barrier to labour market integration.

Various aspects of DG REGIO’s policy remit are also relevant to the promotion of the integration of migrants and minorities. For example, innovative measures have been supported through the URBAN Community Initiative that have involved the development of infrastructure in communities with large migrant and ethnic minority populations.Likewise, the European Regional Development Fund (ERDF) has helped to stimulate economic development and regeneration through infrastructure development in less prosperous regions of the EU which include, for example, urban areas with significant ethnic minority and immigrant populations.

A number of internal and external bodies – Inter-Service Groups, Task Forces, working groups, and high-level groups – have been set up by the European Commission to work on issues of relevance to promoting the labour market and social integration of migrants and minorities, as well as equal opportunities more widely. A short overview of the most relevant developments is now provided. The Commission has set up a number of internal relevant bodies. These include:

  • A Group of Commissioners on Fundamental Rights, Anti-Discrimination and Equal Opportunities was set up in 2006 (DG EMPL)
  • An Inter-service group on the Roma was established in 2004. A Roma Task Force was also set-up in 2007 (DG EMPL)
  • An Inter-service Group on Gender Equality was established in 1998. This will be relevant to issues relating to women with a minority background
  • A working group focusing on how to evaluate anti-discrimination and equal opportunities policies and programmes was established in 2008 (DG EMPL)
  • A working group on active citizenship, equal opportunities and social cohesion was set up in 2003. Its role is to make policy recommendations and to develop concrete tools and materials to support disadvantaged groups who face barriers in participating in lifelong learning (DG EAC)

The Commission has also established a number of external bodies that bring together stakeholders with an interest in the labour market and social inclusion of migrants and minorities including national authorities, NGO’s and civil society. In January 2006, the Commission set up a High Level Advisory Group (HLAG) of Experts on the Social Integration of Ethnic Minorities and their Full Participation in the Labour Market. The HLAG is comprised of national representatives with expertise in how to achieve the better social integration of ethnic minorities and their full participation in the labour market within the European Union.