A/50/476
English
Page 30
105. Alongside this discrimination in hiring, in some countries there are
legislative and regulatory provisions prohibiting foreigners from engaging in
certain occupations or limiting their number, reflecting in some cases the fear
of foreign influence in areas supposed to be sensitive but more often a desire
to protect the economic activity of nationals against foreign competition, or,
in other words, protectionist concerns.
106. Within companies, discrimination, which is hard to prove, influences
conditions of employment, wages and career development, and determines who gets
laid off. Racism is encountered daily in companies where the atmosphere may be
marked by jokes in poor taste and by widespread stereotyping. It is believed
that this kind of racism does not entail any real danger of exclusion or
discrimination, and, as a result, it is tolerated. That is why those who
sometimes make racist remarks and those who are on the receiving end of such
remarks are not aware that a crime is being committed. Growing job insecurity
and fear of unemployment often lead victims to accept humiliating situations and
witnesses to abdicate their responsibilities. Some say that the legal framework
in the closed world of a company does not provide adequate guarantees of
effective protection.
107. Many studies by ILO 52/ identifying the forms of discrimination to which
migrant workers are subjected emphasize that they are concentrated in certain
branches of economic activity: those in which seasonal variations in demand are
greatest and in which there is the least scope for acquiring job skills. All
the conditions are present therefore for a systematic avoidance of the use of
labour contracts, particularly through resort to the employment of illegal
workers.
108. The nationals of a country, especially in times of unemployment, focus
their attention on immigrants, who are accused of taking jobs away from them.
These fantasies are fed by the spectre of illegal immigrants, to whom the press
gives a great deal of coverage. This is the result of a situation which one
observer has described in the following terms:
"The old law of classical economics has not aged one bit: competition
for jobs drives down the level of wages. It is useful in some situations
to give employment to some categories of the population which have
traditionally been paid less than the historical level of wages, while at
the same time creating the impression that these workers are
interlopers." 53/
109. The laws enacted in the Western countries, sometimes prompted by
xenophobia, have not succeeded in stopping immigration or in significantly
reducing the number of aliens in their national territories; rather they have
helped to marginalize many of these aliens by changing their status from legal
to illegal. Since immigration was suspended, France’s policy has focused on
controlling flows and checking illegal immigration and on integrating the legal
immigrants. France has rallied the group of European countries linked through
the Schengen Agreement in support of stepped-up controls along Europe’s borders.
On 22 August 1995, France’s Minister of the Interior announced the intention of
increasing expulsions of illegal aliens by 50 per cent by resorting to
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