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    ISSN 1756-851X
    26 February 2017
 

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Observatory: Refugee crisis in the Med and in the EU


EU: Council of the European Union developing its negotiation positions prior to trilogue meetings with the European Parliament: Qualifications Directive, "Blue Card" Directive, EES and ETIAS

SPIEGEL Exclusive Documents Indicate Germany Spied on Foreign Journalists (link):

"Germany's foreign intelligence agency, the BND, apparently spied on large numbers of foreign journalists overseas over the course of several years, including employees of the BBC, Reuters and the New York Times. Critics see a massive violation of press freedoms....

the surveillance of journalists documented in the papers SPIEGEL has seen was almost certainly not inadvertent. The search terms used clearly targeted the journalists or the newsrooms whose contact information is on the BND list. The German intelligence agency declined to comment on the allegations. "Regarding operative aspects of its activities, the BND comments exclusively to the German government or the committee responsible in the German parliament," the BND press office stated."

EU Council of the European Union: HLWG: Migration and GAMM report & European Council Draft Conclusions

High Level Working Group on Asylum and Migration (HLWG): Summary of discussions (LIMITE doc no: 5657-17, pdf): Includes: Detailed Global Approach to Migration and Mobility: GAMM UPDATE: 19 January 2017 (pages: 4-29):

"This document provides an updated overview of the main external migration dialogues and processes implemented in the framework of the EU Global Approach to Migration and Mobility (GAMM). The document is compiled for the information of the EU High Level Working Group on Asylum and Migration by the responsible European Commission services, in association with the EEAS."

European Council (9 and 10 March 2017) - Draft guidelines for the conclusions (LIMITE doc no: 5575-17, pdf): Includes:

"MIGRATION: On the basis of the report of the Maltese Prime Minister (see above), the European Council will take stock of the follow up to the guidance provided at the informal meeting in Malta on 3 February 2017, with a focus on operational measures. It will also encourage further efforts by the Council to rapidly deliver on all aspects of the EU's comprehensive migration policy
during the current Council Presidency."

"European Public Prosecutor's Office (draft conclusions): Following the referral by 17 Member States pursuant to Article 86(1), second subparagraph, TFEU of the draft Regulation on the establishment of the European Public Prosecutor's Office, the European Council discussed the draft and noted that the condition set out at the beginning of Article 86(1), third subparagraph was met, thus opening the way to the possible establishment of enhanced cooperation on the basis of that draft."

Refugee crisis: latest news from across Europe (23-24.2.17)

European Parliament Study: The European Union’s Policies on Counter-Terrorism Relevance, Coherence and Effectiveness (pdf):

"This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, identifies (counter-) terrorism trends, threats and policies in the EU, focussing particularly on seven themes, including database access and interoperability, measures on border security, criminal justice and prevention of radicalisation."

EU: Germany proposes EU rules making migrant deportations easier (EurActiv, link): "The paper said the proposal would only kick in at times of a “mass influx” of people to the bloc. “This is another element in efforts to energise readmission of people to wherever they came from,” said one Brussels-based diplomat."

And see: Refugee crisis: France-Germany Note - mass expulsion to subsistence conditions (Statewatch News Online): The "return of asylum seekers (without an assessment on the merits) in order to discourage illegal, smuggler-driven migration" and Germany-France Letter (20 February, French, pdf)

EU: Amnesty: "we cannot rely on government to protect our freedoms"

Amnesty International has published its annual report on human rights around the world, noting a "pervasive weakening of the rule of law and an erosion in the protection of fundamental rights" across Europe that has often been led by "anxious establishment parties" borrowing many of the policies favoured by new and resurgent "populist" parties.

UK: Foreign spouse income rules do not breach of human rights – Supreme Court (Migrants' Rights Network, link):

"The Supreme Court has ruled today, 22 February, that the Family Migration Rules do not breach the UK’s obligations under the European Convention on Human Rights, including Article 8 concerning the right to family and private life.

See: Supreme Court: judgment (pdf) and press summary (pdf)

Refugee crisis: latest news from across Europe (22.2.17) including: Afghan returns policy built on false narrative; new Irish asylum procedure must allow for quality legal advice; and more.

EU: Council of the European Union targets Greece and Italy's failure to implement the Schengen acquis and control-return refugee arrivals

How E.U.'s Migration Policy Enables Migrant Smuggling (Real News, link): Interview:

Statewatch's Chris Jones says the European Union Border and Coast Guard Agency is less concerned with human rights and far more preoccupied with border control, surveillance and the interception of migrants.

Refugee crisis: latest news from across Europe (21.2.17)

NGOs Joint Statement: Asylum down the drain - Intolerable pressure on Tunisia (pdf):

"Brussels, 21 February 2017 - Lately, Tunisian authorities have been the target of intolerable pressure by Germany and Italy. Within a week, they have been forced to clarify their opposition to the German as well as to the Italian authorities which were allegedly planning to send migrants and refugees back to Tunisia. Domestic security issues appear as a cornerstone in the cooperation framework imposed to Tunisia albeit being attached to a domain which is clearly distinct from it: the right of asylum.

Pushing for the disembarkation in Tunisia of people intercepted by the Italian coast-guards in exchange for support in counter-terrorism policies, as suggested in an Italian press article, would be in blatant breach of the EU’s as well as Italy's legal obligations. The latter was actually already condemned by the European Court of Human Rights in 2012 for pushing back refugees to Libya and thus for resorting to the exact same practices. In so doing, Italy would act in pure and unbearable cynicism for the fight against terrorism is a matter of concern not only to Tunisia, but also to the European Union."

EXCLUSIVE: UK “voluntary” returns – refugee coercion and NGO complicity (IRIN, link):

"An IRIN investigation finds evidence the Home Office is using outside NGOs to pressure asylum seekers.

The UK Home Office is accelerating its drive for “illegal” migrants and those refused asylum to return home voluntarily – a tactic publicised as more cost-effective and “humane” than forced returns. But how “voluntary” are these returns really? And how have NGOs become complicit in this strategy?"

Refugee crisis: France-Germany Note - mass expulsion to subsistence conditions

The "return of asylum seekers (without an assessment on the merits) in order to discourage illegal, smuggler-driven migration"

EU-USA: MEPs reassert call for asylum for Edward Snowden following appointment of new CIA chief

SPAIN: Massive demonstration in Barcelona in support of migrants and refugees

Refugee crisis: latest news from across Europe (20.2.17): huge pro-refugee protest in Barcelona; Belgian politicians want to check asylum-seekers' phones; asylum seekers "in distress" in Ireland; and more.

Refugee crisis: latest news from across Europe (18-19.2.17)

Greece: ATIMA: Press Release: Death of an administratively detained migrant (pdf, link):

"On the tragic occasion of the incident of an Algerian detainee who died at the Petrou Ralli detention center (Tavros Pre-removal Detention Center) on 5 February 2017, we would like to note that last October our organization released the report FORGOTTEN in which we presented the serious deficiencies of the system for administrative detention of irregular migrants and asylum seekers in Greece and made specific recommendations to the competent authorities."

Press release: EU border agency targeted "isolated or mistreated" individuals for questioning

Guidelines produced for border guards participating in an EU joint operation instruct the targeting of "migrants from minority ethnic groups, and individuals who may have been isolated or mistreated during their journey, as such people are often more willing to talk about their experiences."

European Parliament Research Service: Addressing migration in the European Union (92 pages, 7 MB, pdf): Includes:

Public expectations and EU policies - The issue of migration, Reform of the Dublin system, European Union Agency for Asylum, Recast Eurodac Regulation, Reception of asylum-seekers - recast directive, Common procedure for asylum, safe countries of origin: Proposed common EU list, European Border and Coast Guard system and Gender aspects of migration and asylum in the EU: An overview:

"Over the past two years, the migratory pressure on the European Union's external borders has led to dealing with migration becoming its highest priority. After a peak in 2015, the number of irregular entries into the European Union dropped by more than half in the second quarter of 2016, compared with the same period in 2015, mainly as a result of the implementation of the EU-Turkey Statement. However, the number of asylum applications remains high, with more than 1.2 million asylum applications made in the EU Member States in 2016. Nonetheless, the EU and its Member States are adapting to the new reality."

Refugee crisis: latest news from across Europe (15-17-.2.17): Italy woos Libyan mayors; Tunisia to take intercepted migrants; secret EU report on Libyan state structures; French-Italian "migrant hunt" on trains, and more.

EU: New anti-terrorism powers passed by European Parliament

The European Parliament voted on Thursday 15 February to approve the controversial new Directive on combating terrorism, as well as amendments to the Schengen Borders Code that will mean all EU citizens now have to be checked against the Schengen Information System, Interpol's Lost and Stolen Travel Documents database, and "other relevant databases" whenever they enter or exit the Schengen area.

ITALY-FRANCE: "Migrant hunt" on trains between Italy and France violates the law and human rights

What is legal in the push-backs carried out directly on trains by French police? "Basically nothing," says ASGI lawyer Anna Brambilla, who has long been following the situation at the French-Italian border: "The problem is a very complex one, and there are many violations."

EU-LIBYA: Mission impossible? Secret EU report makes clear problems in rebuilding Libyan state

With the EU committed to halting cross-Mediterranean irregular migration, a recent classified report produced by the EU's Border Assistance Mission (EUBAM) Libya makes clear the difficulties that lie ahead in attempting to establish functioning state institutions in the country, including those willing to comply with European demands for "integrated border management".


Top reports

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project:

Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen: "Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

How the EU works and justice and home affairs decision-making (pdf)

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI/Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society (pdf) by Ben Hayes

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes

The Shape of Things to Come (pdf) by Tony Bunyan


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