Justice for Moroccan workers in Gibraltar
May 2010 update: Equal rights on the rock
- download Justice for
Moroccan workers and their families
INTRODUCTION
British Link with
Gibraltar
Gibraltar is a small British Dependent Territory, connected to
southern Spain by a narrow strip of land. In recent years
there has been a protracted struggle over the future sovereignty of
Gibraltar, with successive Spanish governments wanting control and
successive British governments wanting Gibraltar to remain in their
hands, which is in line with the wishes of the overwhelming
majority of Gibraltarians.
Gibraltar's foreign policy lies in the hands of the British
Government. Politically, in 2003, after long negotiations
Gibraltar's representation in the European Parliament was agreed.
From 2004, it was treated as part of the South West of England for
European Parliament elections.
Moroccan Workers in Gibraltar
It is now 40 years since the Gibraltar state
and the British Government called on Moroccan workers to take up
employment in Gibraltar, following the closure of the border with
Spain. Soon after, there were around 5000 Moroccan migrant
workers in Gibraltar who worked for the Public Services Agency, in
construction, property and service operations around the naval
dockyard. These workers played a significant role in the economy of
Gibraltar at a time when it was on the verge of collapsing and they
have been very influential in the development of the thriving
economy of Gibraltar today.
The number of Moroccans in Gibraltar has
gradually fallen and now stands at around 1200, many of whom have
lived there for 20, 30 or even 40 years. There are 760 who are
working and registered with the Employment and Training Board and
around 200 are under 18.
Despite the lengthy period of living and
working in Gibraltar most Moroccans are still regarded as non EU
nationals as they have not been able to become naturalised, whereas
the majority of the population in Gibraltar are British Dependent
Territories Citizens and European Union (EU) nationals and
therefore have the right to register as British citizens.
Unite the union has over 3700 members living
in Gibraltar and of that membership around 500 are Moroccan
workers.
Moroccans pay full taxes and in all the time
they have been there they have contributed considerably to the
growth and economy of Gibraltar. However, despite an extensive
campaign by our union, the International Centre for Trade Union
Rights (ICTUR) and campaigning groups such as the Moroccan
Community Association in Gibraltar and the Moroccan Workers
Association, they are still treated as 2nd class
citizens. Very few Moroccans have been given citizenship
rights; they have little access to public housing; they are denied
the right to vote in the European elections; they have problems
with travelling to visit family in Morocco and restrictions on
family visiting them in Gibraltar and they are still denied access
to some public services.
Our union strongly believes forty years on,
the time to fix these wrongs is now long overdue. We are
calling on the Gibraltar state and the British Government to work
together to take urgent steps to tackle the unfair treatment of
Moroccan people in Gibraltar and to give them the justice they
fully deserve.
KEY ISSUES
CITIZENSHIP RIGHTS
Many Moroccans have applied to become citizens
of Gibraltar but have either been turned down or their application
has remained in the process for several years. So whilst they
are not barred from applying for naturalisation, the reality is
that very few have been successful in gaining citizenship
status. Our members feel that there are often unofficial and
unspoken criteria, which are difficult for them to meet.
Recently, an additional barrier is the introduction of English
language requirements. It should be noted that many
Gibraltarians do not even speak English in the workplace and it is
often the 3rd or 4th language spoken by a
Moroccan worker.
It is wrong that people who have been working,
paying taxes and living legitimately in a country for over 20 years
and sometimes 40 years have not been given citizenship rights - it
would be unacceptable in the UK and other parts of Europe, so
should not be acceptable for Moroccans and other non-EU nationals
in Gibraltar.
The Gibraltar government respond by saying
that there has been acceleration in the number of successful
applications in recent years and the figures put forward show the
following:
Year
Successful Moroccan
Naturalisations
1999
2
2000
4
2001
3
2002
1
2003
7
2004
8
2005
2
2006
26
2007
21
2008
28
2009
2 so far
Recommended Action
Clear, open and transparent criteria must be
put in place, which should be based on number of years of residency
and number of years working in Gibraltar. Children of
Moroccan parents who are born in Gibraltar should be entitled to a
passport long before they reach 10 years of age, which is the
current situation.
In the short term, e.g. the next 4 months, we
want to see this clear and transparent system developed and put in
place.
In the long term, e.g. the next 12 months, we
want all those who apply for citizenship to hear the result of
their application within 3 months.
ACCESS TO PUBLIC HOUSING
Our Union’s Moroccan members in Gibraltar
object to the discriminatory treatment they face in trying to
access public housing. Moroccans are not eligible to
put their name on the Government housing list, as this is
restricted to Gibraltarians, British nationals and Commonwealth
citizens. The rules (housing allocation schedule) covering this
area are kept secret and unclear.
As low paid workers, Moroccans are not able to
find low rent public housing and are forced to rent privately which
is expensive. Often, private housing is sub-standard and low
quality and many Moroccans are ghettoised into a particular area in
the oldest part of town.
Accommodation is also provided to around 50
Moroccans at the Government run ‘Buena Vista Hostel’. This hostel
has been visited by a number of interested parties, including
national representation from our Union, representatives from ICTUR
and human rights campaigner Peter Tatchell. All agree that
the conditions at this hostel are desperately inadequate. The
author of a recent article in the Guardian described it in the
following way, “… up to 16 men share cockroach-infested kitchens
and communal bathrooms. Each immigrant gets a curtained-off,
ceiling-less cubicle measuring just 8ft by 6ft. There is room
only for a bed, a cupboard and about one foot of space between
them.”
Recommended Action
In the short term the Buena Vista Hostel needs
to be immediately refurbished to bring it up to an acceptable
standard. Plans need to be put in place to re-house these
tenants into decent accommodation with adequate living space and
which is in good repair.
In the long term, with positive changes which
ensure that Moroccans are speedily given citizenship rights, this
would allow them access to public housing which would help to meet
their housing needs and is only right as they contribute to public
funds and have done so for such a long time.
VOTING RIGHTS
Moroccans in Gibraltar can have no say in
their political life. For some this means that for all their
working lives, up to 40 years, they have been denied the right to
vote. Considering Gibraltarians quite rightly fought for and
won the right to vote in European elections, as European law
covered them, our Moroccan members in Gibraltar believe it is
unfair that they cannot vote for who represents them on policies
that affect their lives.
On 5 June 2009, the Unite office in Gibraltar
held a mock election to highlight the fact that Moroccans could not
vote in the European elections. The overwhelming majority of
Moroccan people who would be eligible to vote if they had the
right, nearly 600 people, came out and placed their vote in the
ballot box. This demonstrated the strength of feeling and
showed the unfairness of this situation.
In response to a letter sent from Unite asking
why our Moroccan members were not able to vote, the Ministry of
Justice stated that, “… the electoral register of Gibraltar
contains the names only of citizens of Gibraltar, British or other
Commonwealth citizens and resident citizens of other EU
States. As Moroccan citizens resident in Gibraltar are not
eligible for inclusion in any of these categories they are not
entitled to be registered and thus to vote.”
Recommended Action
As with many of the other issues affecting
Moroccan workers in Gibraltar, addressing the citizenship rights
would mean that once this has been achieved they would be entitled
to be on the voting register.
TRAVEL AND FAMILY VISITS
Many long-standing Moroccan residents of
Gibraltar are men who live apart from their families who have
remained in Morocco. They face very real problems when trying
to travel to Morocco to visit their families.
Currently, the only transport available is the
unreliable, once a week, ferry service which goes from Gibraltar to
Tangier. Due to the fact that so many Moroccans in Gibraltar
do not have citizenship, they are unable to travel into Spain and
catch the ferry at Algeciras. Therefore, they are often
waiting for hours to catch the ferry which arrives and departs at
will and at which there are no proper facilities for them to use –
sometimes not turning up at all. The erratic nature of the
service can cause serious difficulties in relation to the impact on
working lives if the workers do not get back to work on time.
However, recently the Union in Gibraltar were
successful in getting the tripartite forum of the Foreign and
Commonwealth Secretary of State, the Spanish Foreign Minister and
the Chief Minister to meet and discuss this issue. It has now
been agreed that the Spanish Authorities will grant a Transit Visa
so that Moroccans can travel Algeciras to catch the Tangier
ferry. No date has been agreed as yet and we are therefore
continuing to push this matter to ensure early implementation.
Our Moroccan members in Gibraltar also find it
very hard to maintain family relationships due to Government
restrictions on family visitation rights and in some cases this
comes down to one visit a year in the Summer, which is only
available to wives and children, not other members of the
family.
Recommended Action
As with many other areas, if Moroccans in
Gibraltar were able to achieve citizenship rights, then they would
encounter less difficulty when travelling through Spain and would
not have to only rely on the Ferry service to Tangiers.
In the short term, until the Transit Visas are
in place, facilities such as a waiting room should be provided at
the Ferry port. The Government should work with the Ferry
Company to look at the provision of a more regular and efficient
service which takes into account the needs of Moroccans travelling
to and from Gibraltar.
ACCESS TO ALL PUBLIC
SERVICES
Whilst Moroccans and other non EU nationals
are able to access some public services, there are restrictions in
3 main areas unemployment benefits, pension /Community Care
payments and health care.
Unemployment Benefits – Unemployment benefits
finish at 13 weeks and at this stage Moroccans do not get any other
income support, or the welfare payments that others receive from
then on.
Pension – Moroccans who are entitled to claim
benefits including pensions are not able to receive these whilst
visiting or living in Morocco.
Community Care Payment (Aged
60-65) – This is a payment made at age 60+
through a private social security charitable company, which relies
heavily on government funding. There is also a payment made
at aged 60-65 and one at 65+. Moroccans are not eligible for
the payment aged 60-65 which is aimed at people who are not in
employment but who do social or community work. They are
however, eligible for the payment aged 65+. Deplorably, the
rules on access to all public/Community Care benefits including
pensions & welfare benefits are not openly published
Health Care – The families of Moroccans who
fall ill whilst visiting are not able to access health care and
also whilst Gibraltarians are able to fly to the UK and Spain in
cases of serious illness, Moroccans cannot.
Recommended Action
With full citizenship rights, Moroccans would
have access to all public services.
In the interim, Moroccans must be given access
to Community Care payments for 60-65 year olds. Also,
families of Moroccans including those visiting should be entitled
to access all public services such as healthcare. Finally,
Moroccans claiming benefits including state and private pensions
should be able to receive these whilst living in
Morocco.
SUMMARY
The plight of Moroccans, many of them our
members, in Gibraltar can no longer be buried under the sand.
They are in an unusual situation which leads to discriminatory
practices in relation to long-standing, legal workers being treated
in a manner which we would not expect from those in a similar
position in the UK.
We call on Government representatives both in
the UK and Gibraltar to come together and negotiate an agreement
which meets all the recommended actions contained within this
briefing.
|
UNITE RECOMMENDED
ACTION TO IMPROVE CONDITIONS FOR MOROCCAN WORKERS IN
GIBRALTAR
|
|
ISSUE
|
RECOMMENDED ACTION
|
INTERIM ACTION
|
|
Citizenship Rights
|
New open/published system to be put in place
based on years residency/work and in future all applications dealt
with within 3 months
|
Pending applications to be dealt with
forthwith
|
|
Access to Public Housing
|
With full citizenship rights - full access to
public housing.
Renovation of Buena Vista Hostel/re-housing of
tenants
|
Amendment & publication of the
Housing Allocation Schedule to allow Moroccans access to public
housing
|
|
Voting Rights
|
With full citizenship rights - entitlement to
be placed on voting register
|
Long term residents entitled to apply to be
placed on the electoral roll
|
|
Travel/Family Visits
|
With full citizenship rights - can travel
through Spain.
|
Enforcement of recent agreement on Transit
Visa for travelling through Spain
Families of Moroccans to be able to apply for
a visa to visit at any time of the year. Rules governing the visa
applications assessments to be published
|
|
Access to all Public
Services
|
With full citizenship rights - entitled to all
Public/Community Care benefits in Gibraltar
Rules on access to all public/Community Care
benefits including pensions & welfare benefits to be
published
Moroccans claiming benefits including state
and private pensions should be able to receive these whilst living
in Morocco
|
Families of Moroccans including those visiting
to be entitled to access all public services such as
healthcare.
Moroccans to be given access to Community Care
payments for 60-65 year olds
|
Further information
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