Posted by Daniël Verhoeven
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (http://www2.ohchr.org/english/law/cmw.htm )
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Adopted by General Assembly resolution 45/158 of 18 December 1990
“(…) For the purposes of the present Convention, migrant workers and members of their families:
(a) Are considered as documented or in a regular situation if they are authorized to enter, to stay and
to engage in a remunerated activity in the State of employment pursuant to the law of that State and
to international agreements to which that State is a party;
(b) Are considered as non-documented or in an irregular situation if they do not comply with the
conditions provided for in subparagraph (a) of the present article. (…)”
=IS THE CONVENTION STILL FOR US ?=
My name is LIU, living in Vlaanderen, I am a Chinese, a “undocumented worker”.
I came to Belgium in July 1998; I’m already 12 years continuously in Belgium.
To make a living, I ever worked here and there inside Belgium, mostly by finding part-time works in the kitchens of Chinese restaurants. because I had no papers, I could only get a low wage. I was not treated as a normal worker, the bosses could fire me on any time, for any reason.
I had no rights to go to school, I learned Dutch mostly by self-study and I had little chance for practice, because we use “Mandarin” -Chinese language in kitchen. During these years I had no security insurance, sometimes some friends offered me medecine in case of sickness, or my mother sent it from China.
Thanks for God, in September 2009, there was the Regularization Instruction for us by Belgium Government. The lawyer applied Artikle 9bis for me in November 2009.
In May 2010, I received a letter from DVZ, which says I can have residence rights for 1 year, on condition that I must find a job during 3 months time and obtain the “work permit-B”. I signed a contract with a restaurant in Brugge and the boss applied for my work permit-B in July 2010.
In August 2010 the WSE Office in Brugge had an inspection in the restaurant where I’m supposed to work; but the inspectors found the restaurant boss is not honest – they use undocumented workers. As a result, the WSE Office in Brugge refused the application for my work permit-B. I am “undocumented” again … ,I am a victim of others’ faults. The lawyer has made an appeal against this.
Later in October 2010, I had twice applications for two restaurant jobs, one is in Wallonie, another is in Vlaanderen; But the two governments refused me again.
I know that the WSE Office in Brugge refused the application of the restaurant boss of my work permission, for the purpose of protecting my interests as a foreign worker has; but the direct result of this decision is to ruin my future in Belgium.
In fact, the boss doesn’t care about this decision. He can employ any other worker instead of me; it is I that suffer a lot from it. How can I make a living now?
And I also worried about my future. 12 years in Belgium…how many twelve years doe’s a man have in his life? what is my fault to work and pay taxes to Belgium government?
—LIU van West-Vlaanderen