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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.
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.
orders re-opening of 'El Tarajal' case into deaths in the waters
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
returnees sent back to France as Mali rejects EU laissez-passer
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.
crisis: latest news from across Europe (14-15.1.17)
Gets More Latitude to Share Intercepted Communications (New York Times, link):
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."
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)
demonstrates priority given by EU to migration control in the
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)
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):
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."
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:
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)
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
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.....
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 authoritiesâ
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."
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
Prosecutors 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
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."
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 Majestys 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.....
Justice Secretary Michael Matheson directed HMICS to carry out
a separate review of undercover policing in Scotland and the
watchdogs terms of reference will be published. See: Strategic
Review of Undercover Policing in Scotland - Terms of Reference (pdf)
crisis: latest news from across Europe (11.1.17) including the alternative implied
by Frontexs concerns about our rescue operations is to
let people drown as a strategy to deter the smugglers."
(MSF) and The Refugee Crisis Is Humanitys Crisis (New
York Times): Brad Evans and Zygmunt Bauman.
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
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:
Govt sends Navy Ship to host refugees (shocking videos) (Keep Talking Greece,
crisis: latest news from across Europe (10.1.17)
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.
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 Greeces
- its Greece's fault and also: Refugees
are no longer living in the cold, says migration minister
European Commission: Privacy and telecommunications package
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
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)
and Protecting Personal Data in a Globalised World (COM-7-17, pdf)
(pdf): Includes: "Processing of communications content
and metadata is conditioned to consent.
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."
for the ePrivacy Regulation would repeal the current ePrivacy
UK: Campaign for a free press: Section
40 jeopardises press freedom (Index, link):
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)
New Era of Mass Surveillance is Emerging Across Europe (Just Security, link):
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, its 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.
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.
and data protection: Why the UK is unlikely to get an adequacy
determination post Brexit (Amberhawk,
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).
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)."
for researchers: Statewatch Analyses: 1999-ongoing
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 Unions external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EUs fundamental values - under the pretence
that ones own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
20th Anniversary Conference, June 2011: Statewatch
'policy laundering' and the FATF - legalising surveillance, regulating
(pdf) by Ben Hayes
to EU decision-making and justice and home affairs after the
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
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