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    ISSN 1756-851X
    16 January 2017
 

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Observatory: Refugee crisis in the Med and in the EU


Statewatch Analysis: Eighth report on relocation and resettlement: Commission welcomes increase in relocations and ignores harmful systematic effects (pdf) by Yasha Maccanico:

Over a year after the start of implementation of the EU Agenda on Migration, the EU Action Plan on Migration and in particular the roll-out of the hotspot approach in Italy and Greece, mounting evidence shows that far from assisting frontline states, they are being punished for shortcomings in implementing a dysfunctional model designed to penalise them.

FRANCE: Migration: collective manifesto marks start of new campaign against the "solidarity offence" as government maintains border controls until July

Over 100 trade unions and local and national associations across France have signed a new manifesto that calls for an end to the "solidarity offence" and denounces the trials of "activists who are only helping people in very precarious situations, victims of dangerous, violent and even inhuman decisions," such as the farmer Cédric Herrou, who was recently tried for aiding illegal arrivals after helping people cross the border from Italy to France.

SPAIN-MOROCCO: Court orders re-opening of 'El Tarajal' case into deaths in the waters around Ceuta

A court in Cádiz, southern Spain, has ordered the re-opening of the 'El Tarajal' case regarding 15 people who drowned in February 2015 after attempting to enter the Spanish enclave of Ceuta by sea and were repelled with rubber bullets and smoke grenades by officers from the Guardia Civil.

Mali/EU: Two returnees sent back to France as Mali rejects EU laissez-passer document

On 29 December 2016, the Malian government produced a statement announcing its refusal to recognise the validity of the EU laissez-passer document used to return two of its citizens, who were sent back to France following their arrival in Bamako on 28 December 2016.

Refugee crisis: latest news from across Europe (14-15.1.17)

N.S.A. Gets More Latitude to Share Intercepted Communications (New York Times, link):

"The new rules significantly relax longstanding limits on what the N.S.A. may do with the information gathered by its most powerful surveillance operations, which are largely unregulated by American wiretapping laws. These include collecting satellite transmissions, phone calls and emails that cross network switches abroad, and messages between people abroad that cross domestic network switches."

See: Procedures for the availability or dissemination of raw signals intelligence information obtained by the National Security Agency under Section 2.3 of Executive Order 12333 (raw SIGINT availability procedures) (pdf)

EU-AFRICA: Report demonstrates priority given by EU to migration control in the Sahel

The work of the EU and its Member States to try to limit the "unprecedented numbers of irregular migrants coming through the Sahel to the coasts of the Mediterranean Sea in order to travel to Europe" are outlined in a recent joint report by the European Commission and the European External Action Service on the implementation of the EU's Sahel Regional Action Plan (RAP) between April 2015 and August 2016. See: Annual Report on the Sahel Regional Action Plan (pdf)

: Refugee crisis: latest news from across Europe (13.1.17) including: Germany to return refugees to Greece from March; questions over push-backs in Spain and Serbia; Malta PM wants EU-Turkey-style deal with other states.

EU: Data retention and the law: Tele2 Sverige AB and Watson et al: Continuity and Radical Change (European Law Blog, link):

"This judgment will be a game-changer for state surveillance in Europe and while it offered an early Christmas gift to privacy campaigners, it is likely to receive a very mixed reaction from EU Member States as such. While national data retention legislation has been annulled across multiple Member States (Bulgaria, Czech Republic, Cyprus, Germany and Romania), this annulment has been based on an assessment of the proportionality of the relevant measures rather than on a finding that blanket retention is per se unlawful."

UK: Tribute to John Berger 1926 – 2017 (IRR News, link) by Jeny Bourne: "John Berger, writer, art critic and poet has died. John Berger, anti-imperialist, socialist man and peasant has died.

It is perhaps inevitable that the establishment should claim John Berger for their own, as the famous critic who provided the BBC and them with ‘Ways of Seeing’ in 1972 – and that despite his Marxism. It was and still is a milestone in interpreting art and ‘the gaze’. But he did not live his life in compartments or by accepting borders –geographical or disciplinary. For many of us who now mark his passing, his greatness lies in his practice as a committed and true intellectual and internationalist...."

United Nations Special Rapporteur: On the rights to freedom of peaceful assembly and of association: Civil Society Guide: A handbook for using the practical recommendations on the management of assemblies report by United Nations Special Rapporteurs Maina Kiai and Christof Heyns (pdf)

And: Checklist Implementation: A step-by-step checklist for monitoring implementation of the practical recommendations on the management of assemblies report by United Nations Special Rapporteurs Maina Kiai and Christof Heyns (pdf): "We are pleased to announce the launch of Special Rapporteur Maina Kiai's latest report, the "10 Principles Civil Society Guide", which is designed to help civil society advance the protection and promotion of human rights in the context of assemblies domestically.....

The Guide provides suggestions, tools and inspiration to CSOs as they consider how they might push for the implementation of the practical recommendations in their own context. It is divided into four parts: Section 1 gives background on the practical recommendations report. Section 2 focuses on how CSOs can determine authorities’ compliance with the practical recommendations. Section 3 discusses methods for gathering the evidence necessary for monitoring compliance and building advocacy arguments. Lastly, Section 4 provides real-life examples of research and advocacy tactics which have been used to advance rights in the context of protests."

FRANCE-UK: ‘Terror’ charges against environmental activists dropped as undercover police involvement comes to light (The Canary, link): "‘Terrorism’ charges have been dropped against environmental activists spied on by a British undercover police officer. The activists lived in the village community of Tarnac, France. And the undercover police officer – dubbed a ‘spycop’ – was Mark Kennedy, who worked for the National Public Order Intelligence Unit. The court dismissed [French] the appeal filed by the Public Prosecutor’s Office and the SNCF (French railways). It ruled [translation] that: "There are insufficient charges to show that the offences were committed by any individual or group whose purpose was to disturb public order, to intimidate, or to cause terror." The Canary can reveal that, in January 2016, a UK source provided the defendants with crucial evidence implicating Kennedy and his police supervisors in the case.

Who were the ‘Tarnac 9’? The
Tarnac 9 were four men and five women, aged 22 to 34, who were environmental activists. French authorities were investigating them, and subsequently arrested them after a series of dawn raids in November 2008."

SCOTLAND: Police Inspectorate to probe undercover operations by 'rogue' units and sex spy officers (The Herald, link): "A review of undercover policing in Scotland will examine the covert operations involving rogue former officers who had sexual relationships w ith the women they were spying on. Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) will confirm this morning that its probe will include the activities of two notorious London-based units since 2000, which covers the G8 summit in Gleneagles nearly twelve years ago.....

Scottish Government Justice Secretary Michael Matheson directed HMICS to carry out a separate review of undercover policing in Scotland and the watchdog’s terms of reference will be published. See: Strategic Review of Undercover Policing in Scotland - Terms of Reference (pdf)

Refugee crisis: latest news from across Europe (11.1.17) including the alternative implied by Frontex’s concerns about our rescue operations is to let people drown as a strategy to deter the smugglers." (MSF) and The Refugee Crisis Is Humanity’s Crisis (New York Times): Brad Evans and Zygmunt Bauman.

Greek Navy Battleship to Host Refugees From Lesvos (Greek Reporter, link): "Greek Navy battleship “Lesvos” is to sail to Lesvos island on Tuesday night to host refugees and migrants from the overflowing camps that are suffering from the heavy snowfall.

The ship is to arrive on Lesvos on Wednesday and will accommodate about 500 of the 1,000 refugees who currently live in tents in the Moria camp. The warship will dock in the port of Mytilene. In the past five days, 1,000 refugees and migrants of the Moria camp are living under harsh conditions in tents covered with snow."

And see: Moria: Gov’t sends Navy Ship to host refugees (shocking videos) (Keep Talking Greece, link)

Refugee crisis: latest news from across Europe (10.1.17)

GREECE: Snow leaves refugees and government exposed (ekathimerini.com, link): "Government officials were trying Monday to find an emergency solution that would allow them to temporarily move some 1,000 refugees out of the Moria camp on the island of Lesvos to protect them from the snow and freezing weather.

Authorities met Monday with representatives of the local hoteliers’ association but were unable to reach an agreement as the union held an emergency general assembly three months ago, when members decided that hotel rooms should not be made available for refugees. “We understand that there is an emergency but for the decision to be reversed there needs to be another [union] general assembly,” the president of the Lesvos Hoteliers’ Association, Pericles Antoniou, told Kathimerini."

And see: EU Commission: “untenable” situation in Greece’s refugee camps - its Greece's fault and also: Refugees are no longer living in the cold, says migration minister

European Commission: Privacy and telecommunications package

Digital Single Market – Stronger privacy rules for electronic communications (Press release, pdf)
Proposal for a: Regulation concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) (COM-10-17, pdf)
Proposal affecting EU Institutions: Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (COM-8-17, pdf)
Communication: Exchanging and Protecting Personal Data in a Globalised World (COM-7-17, pdf)
Q & A (pdf): Includes: "Processing of communications content and metadata is conditioned to consent.

Privacy is guaranteed for content of communication as well as metadata – for example who was called, the timing, location and duration of the call, as well as websites visited. Metadata linked to electronic communications have a high privacy component and need to be deleted or made anonymous if users did not give their consent, unless the data is needed for billing purposes."

Note: Proposal for the ePrivacy Regulation would repeal the current ePrivacy Directive.

UK: Campaign for a free press: Section 40 jeopardises press freedom (Index, link):

"Index on Censorship has for the past four decades published the work of censored writers and artists. Now we face the possibility of censorship thanks to a UK government law that means — as a publisher that refuses to sign up to a regulator approved by a state-created body — we could end up paying both sides in a legal dispute even if we ultimately win the case. The law, Section 40 of the Crime and Courts Act 2013, as it stands is a danger to a free press."

See: #FreeThePress (link)

A New Era of Mass Surveillance is Emerging Across Europe (Just Security, link):

"Conclusion

Across Europe, from Poland to Austria, from Italy to Sweden, parliaments have been adopting expansive domestic and foreign surveillance legislation in recent months and years. This wave of legislation, pushed by populist agendas and public outrage in the wake of recent terrorist attacks on European soil, is a flagrant disregard to decades of jurisprudence by the ECtHR and more recent jurisprudence by CJEU, and it puts in danger privacy protections across the continent. The leaders of Germany, France and the UK are setting a dangerous precedent which echoes within the European Community and far beyond it: Mass surveillance by governments has become the new normal.

To show how much has changed, it’s worth remembering the speech German Chancellor Angela Merkel gave to the German Parliament, just three years ago, in January 2014, when she warned Western governments against promoting surveillance policies that collect everything that is “technically possible.” She noted that these foreign mass surveillance programs not only “sow distrust,” but send the wrong signal to “billions of people living in undemocratic States.” The end result, she concluded, “is not more security but less.”

Refugee crisis: latest news from across Europe (9.1.17): refugees at risk of freezing to death; French police accused of stealing migrants' blankets; Germany threatens to cut development aid; and more.

UK-EU: Brexit and data protection: Why the UK is unlikely to get an adequacy determination post Brexit (Amberhawk, link):

"This blog adds two further reasons why I think a post-Brexit UK is very unlikely to offer an adequate level of protection in terms of the General Data Protection Regulation (GDPR).

One reason relates to recent comments made by Prime Minister Mrs May about human rights. The other relates to the non-compliance of the national security agencies with their existing data protection obligations under the Data Protection Act 1998 (DPA)."


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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