EU asylum and immigration policy
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News online Updated 25.6.15 [for ongping coverage of the Crisis in the Mediterranean please see: News Online]
EU: MIGRATION POLICY: Council of the European Union: Incoming Luxembourg Council Presidency: Strategic coordination of the work of the Council preparatory bodies in the area of migration (LIMITE doc no: 10249-15, dated 25 June 2015, pdf):
The Council Presidency seem to have forgotten that migration policy is subject to co-responsibility with the European Parliament: How can a legislative body fully play its role if it is not associated when strategies are defined and when legislation is implemented?
"the Luxembourg Presidency proposes to start working on a short and concise paper on the Strategic Coordination of the work of the Council preparatory bodies in
the area of migration, in order to better integrate the work on the internal and external aspects of migration and to improve the efficiency and coherence of the Council preparatory bodies in this area.
The paper would define, under the responsibility of the Trio of Presidencies, the Strategic Coordination in the area of migration. It should be used to mainstream these priorities into the work of the Council preparatory bodies dealing with migration, in particular SCIFA and HLWG, but also other relevant thematic and geographical groups (CODEV, COHOM, etc.)."
Special Report: European Summit (meeting of Prime Ministers) Conclusions: European Council (25 and 26 June 2015) - Draft conclusions (dated 24 June 2015, LIIMITE doc no: 8395-15,pdf).
These Conclusions, drafted yesterday, still contain the same, worrying, and far-reaching measures on migration as the earlier draft and are based on:Letter from Commissioner Avramopolous to Ministers with Annex (pdf) which spells out in more detail where the EU is going:
See: Statewatch Special Report: "War" to be declared on migrants who - fleeing from war, persecution and poverty - have arrived in the EU are to be contained and detained in "Structured border zones" to be set up to "ensure the swift identification, registration and fingerprinting of migrants ("hotspots")" and Statewatch Briefing on a "Working Document" issued for discussion by the Commission: Coercive measures or expulsion: Fingerprinting migrants (pdf):
And Agenda of Summit (pdf) The UK issues are no 6 on Agenda. The Conclusions state: "IV. UK: 14. The UK Prime Minister set out his plans for an (in/out) referendum in the UK. The European Council agreed to revert to the matter in December."
Also: EU toughens stance on migrant returns (IRIN, link) and EU flexes its muscles to tackle failed asylum seekers (Times of Malta, link)
EU:Jailing migrant families together with convicted criminals: A desperate EU policy to deter irregular migration by Steve Peers, Professor of Law, University of Essex:
"Taken together, the loss of these protections will mean that irregular migrants, including irregular migrant families, will not only be detained in ordinary prisons, but mixed in with the ordinary prison population of convicted criminals and those awaiting trial for serious crimes. Moreover, their capacity to challenge their detention by means of judiicial review will be severely curtailed.
Coupled with the recent Commission paper offering guidelines for using force, including against pregnant women, on migrants who refuse to be fingerprinted, this represents a significant turn in EU policy - turning toward direct and indirect threats of physical violence to control their behaviour and induce them to leave.
To say the least, this is hard to square with the EU's frequent professions of support for the human rights and decent treatment of migrants."
See: Letter from Commissioner Avramopolous to Ministers with Annex (Statewatch version, 75KB) or link to Council's 10.5 MB version (pdf)
Statewatch Special Report: "War" to be declared on migrants who - fleeing from war, persecution and poverty - have arrived in the EU are to be contained and detained in "Structured border zones" to be set up to "ensure the swift identification, registration and fingerprinting of migrants ("hotspots")"
This is set out in the Draft Conclusions of the European Council [the EU Heads of State] meeting on 25 and 26 June 2015: Draft conclusions (pdf)
Section 5.c says: "the setting up of structured border zones and facilities in the frontline Member States, with the active support of Member States' experts and of EASO, Frontex and Europol to ensure the swift identification, registration and fingerprinting of migrants ("hotspots");" [emphasis added]
Will the "swift fingerprinting" of those described here as "illegal" migrants involve coercive measures? See: Statewatch Briefing on a "Working Document" issued for discussion by the Commission: Coercive measures or expulsion: Fingerprinting migrants (pdf):
If the data-subject still refuses to cooperate it is suggested that officials trained in the "proportionate use of coercion" may apply the minimum level of coercion required, while ensuring respect of the dignity and physical integrity of the data-subject..
Statewatch Director, Tony Bunyan comments: Where is the EU going? Migrants, including pregnant women and minors, who have fled from war, persecution and poverty are to be forcibly finger-printed or held in detention until they acquiesce or are expelled and banned from re-entry.
Steve Peers, Professor of Law, University of Essex comments on the Draft Conclusions:
"It is remarkable that Member States (if this draft is accepted) are indeed willing to accept the relocation of 40,000 asylum-seekers from Italy and Greece, and 20,000 resettled refugees.
It is also notable that all Member States will participate in the latter decision - with even the UK agreeing recently to resettle a few hundred more Syrians. This is a very modest amount of the numbers needing protection however.
The European Asylum Support Office does not seem to have the powers to participate in fingerprinting asylum-seekers, and the reference to 'bringing together' rules on fast-tracking asylum applications is very vague. Is the intention to lower standards, and if so, how exactly? Any moves to negotiate more readmission agreements and to expel more people who supposedly have no need for protection will have to comply fully with EU, ECHR and all national and international human rights standards.
Equally if Frontex is to gain more powers over expulsion it must be made more fully accountable, including as regards individual complaints against it."
See: UN says one million refugees should be no problem for EU (euractiv, link): "The UN rights chief yesterday (15 June) called for the European Union to take bolder steps to address its swelling migrant crisis, insisting the bloc could easily take in one million refugees"
EU: Germany-Italian-French non-paper on EU migration policy.(pdf) and Letter (pdf) Includes:
- Dialogue with source/transit countries: At upcoming EU-Africa summit in Malta "we should also discuss the relationship between migration and mobility and their impact on development, the promotion of fair trade and the strengthening of security cooperation as well as return and readmission issues"
- Proposal for EU CSDP civilian mission in Niger: EUCAP Sahel Niger to become permanent and "work even more closely with Nigerien authorities in the fight against smuggling and trafficking in human beings"
- Adequate funding for continued "engagement" with countries in the Horn of Africa, to deal with migration from/through those countries (the recent ISF-Police work programme some money was put aside for this)
- "We must increase the effectiveness of return and readmission programmes"
And: "Our migration policy goals should relate to other relevant horizontal foreign policies such as counter-terrorism, maritime security, water and climate policy and a reviewed European Neighbourhood Policy which also considers the neighbours of our neighbours"
EU: MED-CRISIS: European External Action Service (EEAS): European Union Naval Force - Mediterranean (Press statement, pdf): Contributing States: Currently 14 Member States (BE, DE, EL, ES, FI, FR, HU, IT, LT, LU, NL, SE, SI, UK):
"The Council shall assess whether the conditions for transition beyond the first phase have been met, taking into account any applicable UN Security Council Resolution and consent by the Coastal States concerned."
Consent is needed for the EU to act within the territorial waters of another state (eg: Libya) and see: Comments below on this position.
EU: Council of the European Union: LIMITE documents: Migration - Policy debate & European Council draft Conclusions
- European Agenda on Migration - Policy debate (LIMITE doc no: 9825-15, pdf) Many areas of disagreement between Member States on how to respond to the crisis in the Mediterranean:
""Immediate Action" but also builds on four pillars as a basis for a comprehensive European migration policy: - Reducing incentives for irregular migration; - Border management; - Strong common asylum policy; - New policy on legal migration....
There is wide consensus with regard to the need to further cooperate with third countries since both the root causes of and solutions to migration related issues can be sought there. In order to ensure a genuinely comprehensive approach, some Member States have suggested to strengthen the links with the Internal Security Strategy and measures proposed therein....
Member States views differ on the proposed concept of relocation in order to respond to high volumes of arrivals that includes temporary scheme for persons in need of international national protection.. The total number of persons to be relocated, the available funding, and the capacity of the Member
States' structures to deal with relocation were equally questioned..." [emphasis added]
and: Update: COR -1 (LIMITE doc no: 9825-15, 12 June 2015, pdf)
- European Council (25 and 26 June 2015) - Draft guidelines for the conclusions (LIMITE doc no: 8392-15, pdf): Covers Mediterranean crisis response, security challenges, economic issues, the Digital Agenda and the UK:
Position on "1. "Relocation / resettlement p.m." is blank as is Position: "IV. UK p.m" and "Return policy: Mobilise all tools to promote readmission of unauthorised economic migrants to countries of origin and transit...." [emphasis added]
OSCE: Handbook: How to prevent human trafficking for domestic servitude in diplomatic households and protect private domestic workers (pdf)
EU: FORCIBLE FINGERPRINTING of MIGRANTS including pregnant women and minors: Implementation of the Eurodac Regulation as regards the obligation to take fingerprints (pdf)
Tony Bunyan, Statewatch Director comments:
"Where is the EU going? Migrants, including pregnant women and minors, who have fled from war, persecution and poverty are to be forcibly finger-printed or held in detention until they acquiesce or expelled & banned from entry. To add insult to injury the Commission deliberately withheld publication of the Guidelines yesterday to control news reporting when announcing its new migration plans."
EU: European Commission Migration Action Plan: The following documents were released:
- Proposal for a COUNCIL DECISION establishing provisional measures in the area of international protection for the benefit of Italy and Greece (COM 286-15, pdf)
- Communication: EU Action Plan against migrant smuggling (2015 - 2020) (COM 285-15, pdf)
- European Commission makes progress on Agenda on Migration (Press release, pdf)
- Questions and Answers (pdf)
Statewatch coverage of the migrant crisis in the Mediterranean (pdf)
EU: MED-CRISIS: ACP: Destroying boats is not a solution to migration (euractiv, link): "The Secretary-General of the ACP (African, Caribbean and Pacific) group of states said yesterday (21 May) that his organisation was against the EUs idea of destroying the boats of human traffickers, who make fortunes by luring prospective immigrants into risky journeys across the Mediterranean."
EU: EUROPEAN SYSTEM OF BORDER GUARDS?: 21 May 2015: Speech by Commissioner Avramopoulos at the Frontex Conference on the European Day for Border Guards, Warsaw Poland (pdf):
"The ongoing evaluation of Frontex activities should also identify the limitations and shortcomings that will have to be addressed in the medium and long term development of the Agency. When speaking about the future of border management, one of the issues that we will explore is the possible creation of a European System of Border Guards."
And see: Commissioner backs EU 'border guard corps' (euobserver, link):
"Avramopoulos, a Greek former defence minister, used strident terms to praise the EUs new military operation, EUnavfor Med, which is to start sinking migrant-smugglers boats in July if it gets UN and Libyan permission. Europe has declared a war against smugglers, he said. He noted that Frontex will create profiles of the type of vessels being used in order to improve their detection. He also said Frontex' mandate must be reinforced so it can physically help EU countries deport failed asylum claimants."
EU: MED CRISIS: European Commission: A European Agenda on Migration (COM 240-15, pdf):
"The criminal networks which exploit vulnerable migrants must be targeted. The High Representative/Vice President (HR/VP) has already presented options for possible Common Security and Defence Policy (CSDP) operations to systematically identify, capture and destroy vessels used by smugglers. Such action under international law will be a powerful demonstration of the EU's determination to act." [emphasis in original]
The Commission "Agenda" will thus be supplemented by a plan for a military-intelligence operation "on the ground" in Libya being prepared by the High Representative/Vice President (HR/VP) through the European External Action Service (EEAS) - see Guardian story below. See: Current: Ongoing EU operations (EEAS, pdf) and European External Action Service: Libya, a Political Framework for a Crisis Approach (LIMITE doc no: 13829-15, pdf)
See: Military action underpins EU migration plan (euobserver, link): "Foreign and defence ministers, in Brussels on Monday will discuss a 19-page blueprint prepared by Mogherinis staff and leaked to British daily The Guardian... It notes that a [military] presence ashore might be envisaged if agreement was reached with relevant authorities. But it warns that the terrorist presence in the region constitutes a security threat. Action taken ashore could be undertaken in a hostile environment. and National concerns erode European migration strategy (euractiv, link)
EU: European Commission: EU Migration Agenda (pdf)
The following is a leaked draft of the Commission communication on the EU migration agenda which is due to be published on Wednesday 13th May. It might be changed before publication and may also be missing some text.(First published on EU Law Analysis)
EU moves ahead with military response to migration; pushes for Europe-wide migrant "quotas"
The EU's proposal to try and deal with the crisis in the Mediterranean by destroying boats used to transport migrants is moving ahead, with foreign policy chief Federica Mogherini making the EU's case for military action to the UN Security Council today. The proposed military effort will feature in the Commission's forthcoming 'Agenda on Migration', to be published on Wednesday (pdf), which will revolve around four themes: "a strong common asylum policy, the fight against trafficking and the prevention of irregular migration, managing external borders, and a new policy on legal migration."
UN-UK-MEDIA: UN Human Rights Chief urges U.K. to tackle tabloid hate speech, after migrants called cockroaches (link):
"After decades of sustained and unrestrained anti-foreigner abuse, misinformation and distortion, and in the wake of a recent article in the Sun newspaper calling migrants cockroaches, the UN Human Rights Chief on Friday urged the U.K. authorities, media and regulatory bodies to take steps to curb incitement to hatred by British tabloid newspapers, in line with the countrys obligations under national and international law."
UN human rights chief denounces Sun over Katie Hopkins 'cockroach' column - High commissioner launches scathing attack on tabloid columnist, comparing Hopkins migrant remarks with hate language used before Rwandan genocide (Guardian, link)
EU: MED CRISIS: EUROPEAN COUNCIL MEETING 23 APRIL 2015, Brussels: Agenda (pdf) and Background Note (pdf) and see story below
EU: MED CRISIS: Most migrants crossing Mediterranean will be sent back, EU leaders to agree - Exclusive: Confidential draft from summit reveals that only 5,000 migrants will be allowed to resettle in Europe with at least 150,000 likely to be repatriated (Guardian link):
"EUs Frontex border agency, the head of Frontex, Fabrice Leggeri, said on the eve of the summit that saving migrants lives should not be the priority for his maritime patrols despite the clamour for a more humane response after the deaths of 800 refugees and migrants at the weekend."
See: Statewatch EU Council Draft Conclusions document: Draft European Council Conclusions (pdf)
EU-MED-CRISIS RESPONSE: Draft European Council Statement for 25 April 2015 Summit of Prime MInisters and Heads of State (pdf). includes:
- "to increase the search and rescue possibilities within the mandate of FRONTEX; [p.m.: welcome pledges]
But asks for "volunteer" Member States to join search and rescue - no commitment by all governments
- increased intelligence and police-cooperation with third countries
- systematic efforts to identify, capture and destroy vessels before they are used by traffickers. The High Representative is invited to immediately begin
preparations for a possible CSDP operation to this effect, in accordance with international law
- increase support to Tunisia, Egypt, Sudan, Mali and Niger among others, to monitor and control the land borders and routes in order to prevent potential
migrants from gaining access to Mediterranean shores,
- promote readmission of unauthorised economic migrants to countries of origin
- new return programme for the rapid return of irregular migrants
- voluntary pilot project on resettlement, offering at least 5,000 places to persons qualifying for protection
- registration and finger-printing" [emphasis added]
EU: CJEU JUDGMENT: !mmigration law: Member States cannot just fine irregular migrants, they have to expel them (full text)
ITALY: Associazione per gli Studi Giuridici sull'Immigrazione (ASGI) statement:
Italy and Europe must react immediately to stop the tragedy of the deaths in the Mediterranean:
"Inactivity makes them accomplices of a slaughter: A failure to immediately adopt the measures listed above would entail a serious responsibility on Europe's part as, by forgetting its founding values, it remains objectively indifferent to the tragedies that are taking place at our borders."
EU: LIBYA & SEARCH & RESCUE: European External Action Service: Libya, a Political Framework for a Crisis Approach (LIMITE doc no: 13829-15, pdf):"three possible scenarios for the near future; a stalemate, with no clear winner; an escalation of violence, in which one side might overcome the other following a full-scale civil war; or a cessation of hostilities and the resumption of the political process. What these scenarios demonstrate is that the possibility for the EU to define its strategy and programme its activities depends highly on the outcome. The first 2 scenarios are clearly not conducive to any major EU footprint and/or support programme. Only a ceasefire agreement could eventually allow for a resumption of EU support" [emphasis in original]
Mass drowning prompts talk of EU search-and-rescue operation (euobserver, link):
"The EU is mulling options to launch a fully-fledged search and rescue operation following the reported drowning of some 700 EU-bound migrants over the weekend. Speaking on the behalf of Latvias EU presidency, interior minister Rihards Kozlovskis on Monday (20 April) said options should be explored for setting up a full-fledged search and rescue operation of the EU.
But Kozlovskis call for a EU-wide rescue mission is likely to meet resistance from national governments like the UK, which insist aid efforts are a pull factor for more people to make the perilous journey. The deaths and boating tragedies have historically been met with emotional statements from the EU and most governments but little in terms of action. How many more people will have to drown until we finally act in Europe? said European parliament president Martin Schulz in a statement."
And: EU to launch military operations against migrant-smugglers in Libya (Guardian, link): "The European Union is to launch military operations against the networks of smugglers in Libya deemed culpable of sending thousands of people to their deaths in the Mediterranean. Dimitris Avramopoulos, the European commissioner for migration issues, said the operation would be civil-military modelled on previous military action in the Horn of Africa to combat Somali piracy. The military action would require a UN mandate." [emphasis added]"
EU Council of the European Union: Migratory pressures: trends and further actions (LIMITE doc no: 6565-rev-1-15, pdf), includes:
"effective return policy: The swift return of migrants could serve as an example to counter the vain promises that migrants will see an immediate improvement in their lives in the EU....."
BELGIUM: CIRÉ statement on two suicides:A dark day for migrants and for Belgian migration policy - press statement of 3 April
"Thursday 2 April 2015 will remain etched as a dark day. Two people who were refused the right of residence by Belgium killed themselves. Acting as spokespersons for many others, they send out a message to our humanity and recall - if it still needs to be demonstrated - the true cost of our migration policies."
EU: Shipowners, Unions Urge EU Address Migrant Crisis (Maritime Executive, link):
"European and global operators of merchant ships have joined forces with seafarers unions in a letter urging EU Member States to take immediate collective action in addressing the growing humanitarian crisis in the Mediterranean Sea.....
In a joint letter to leaders of all 28 EU Members States dated March 31, the European Community Shipowners Associations (ECSA), the European Transport Workers Federation (ETF), the International Chamber of Shipping (ICS) and the International Transport Workers Federation (ITF) have warned that the crisis is spiralling out of control. They warn there is a serious risk of further catastrophic loss of life unless EU Member States respond with greater urgency."
See: Letter from shipping industry to EU Heads of State/Heads of Government of EU/EEA Member States: Humanitarian crisis in Mediterranean sea (pdf)
CoE: SPAIN: Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (pdf)
"The Council of Europe anti-torture committee (CPT) today published the report on its visit to Spain in July 2014, in which it examines the treatment of irregular migrants intercepted in Melilla on the border with Morocco. It also assesses the implementation of previous CPT recommendations in relation to the detention centres for foreigners (CIEs) in Barcelona (Zona Franca) and Madrid (Aluche).....The CPT also expresses its concern on recently adopted legislation, pending in front of the Spanish parliament at the time of the adoption of the report, which legalises the practice of forcibly deporting irregular migrants without any prior identification or assessment of their needs."
CEUTA-MELILLA: Against a state of exception for human rights in Ceuta and Melilla (pdf):
"The 150 undersigned social associations have looked into the eyes of these migrants and seen their injuries, traumas and persecutions often, very often. This is why we wont look away and allow our shame for this illegal practice through which our name is being soiled to discourage us. We wont allow the existence in our country of zones of exception for human rights regardless of how hard they try to legalise them."
Smart borders? Operation AMBERLIGHT: "Overstaying" in the EU: a problem for internal security and the need for "harmonised" laws which are enforceable - like in JPO Mos Maiorum people will be "apphrended" and sanctioned
"Overstayers" to be checked at external borders in Joint Police Operation (JPO) in April
"Overstayers" refers to visitors, students and others on visas and undocumented migrants
Member States to report on: "Further procedure in Member States, and sanctions imposed" - law enforcement agencies will "apprehend" and sanction people
The document says that: "No personal data will be collected within the activity" - the same claim was made by the Italian Council Presidency during: Joint Operation "Mos Maiorum": Council's explanation is "economical with the truth" which argued that was only a data collection operation when in fact nearly 20,000 people were "apprehended": The Mos Maiorum JPO: Final report (LIMITE doc no: 5474/15).
"Overstayers" to be checked at external borders: Joint Police Operation (JPO): Council: Presidency activity AMBERLIGHT 2015 (LIMITE doc no: 5195-15, pdf) It is planned to take place in the period from 1-14 April 2015 or (or could take place from 18 to 30 April 2015)
EU: MEDITERREAN PLAN TO SET UP "ad hoc operational cooperation mechanisms" between the EU and north African states, which will have a "real deterrent effect so that less and less migrants would be ready to put their life at risk to reach the European coasts" - to block refugees leaving Africa and hand them over to North African states"
See: Non Paper on Possible Involvement of Third Countries in Maritime Surveillance and Search and Rescue from the Italian delegation (Confidential Note discussed at the Justice and Home Affairs Council on 12 March 2015, pdf)
The proposal involves the "direct involvement of reliable third countries", namely Egypt and Tunisia, as "Libya is unable to patrol their coasts" and to "take them [the migrants] to their own ports [ie: to Egypt and Tunisia]" where "competent authorities" will carry out "international protection procedures, provide assistance to vulnerable people and return irregular migrants to their country of origin".
See: EU considering plan to outsource Mediterranean migrant patrols to Africa Exclusive: Under Italian proposals the EU would cut deals with countries such as Egypt and Tunisia to fund them in rescue missions (Guardian, link)
and Brussels plans migration centres outside EU to process asylum applications - European commission wants to use offices and embassies outside EU to process applications for asylum and refugee status before migrants reach Europe (Guardian, link): "The interior ministries have also been discussing plans to establish and finance refugee camps or reception centres for migrants in North Africa and the Middle East to try to keep them from coming to Europe as well as out of the hands of the traffickers, and to set up European asylum-processing offices outside the EU in the same region."
EU considering plan to outsource Mediterranean migrant patrols to Africa Exclusive: Under Italian proposals the EU would cut deals with countries such as Egypt and Tunisia to fund them in rescue missions (Guardian, link):
"The EU is considering plans to outsource its patrols of the Mediterranean to countries such as Egypt and Tunisia in order to try to reduce the high numbers of desperate illegal migrants risking their lives to reach European shores.
Under the proposals tabled confidentially by the Italian government, the EU would cut deals with North African countries to fund and train their navies in search-and-rescue missions for the tens of thousands of people being trafficked from Libya to Italy. Once rescued, the migrants would be taken to the ports of the country saving them or sent back to their countries of origin."
EU: Council of the European Union: Handbook on trafficking in human beings - indicators for investigating police forces, (LIMITE doc no: 14630-rev-2-15, pdf): The term "search and rescue" is not referred to. It includes the use of "Special Investigative tools"
"investigations into human trafficking envisage the use of investigative techniques and tools to combat organised crime and serious crimes, as well as special operations and undercover activities. The latter, however, are not adopted in Malta, Slovakia and Sweden....
Not all Member States use wire-tapping and communication interception. According to the results of the questionnaire, they are not used in Belgium, Estonia, Latvia, Lithuania or Malta, while Cyprus reports the strict conditions that must be met to apply these investigative tools, which are not commonly used.... Only Slovakia, Spain and Germany stressed the presence of "joint investigative teams" [emphasis added]
Background: Europol: Joint operational team launched to combat irregular migration in the Mediterranean (pdf) announcing the launch of Joint Operational Teams (JOT) Mare.Intelligence Centre. The JOT Mare intelligence Centre will work Frontex agency and with the European Border Surveillance System (EUROSUR). It monitors third-country ports and targeted ships. Thirteen member states: Belgium, Cyprus, Denmark, France, Germany, Greece, Italy, Malta, the Netherlands, Portugal, Spain, Sweden and the United Kingdom - are taking part in JOT Mare.
UK: Parliamentarians call for "very radical shift in thinking" on immigration detention
An inquiry conducted by MPs and Lords from the UK's three major political parties (Labour, Liberal Democrat and Conservative) has concluded that "a very radical shift in thinking" is required on immigration detention. The report makes four "key recommendations":
- "There should be a time limit of 28 days on the length of time anyone can be held in immigration detention" (currently, the UK has an indefinite detention period, meaning that some people are detained for years);
- "Detention is currently used disproportionately frequently, resulting in too many instances of detention. The presumption in theory and practice should be in favour of community-based resolution and against detention";
- "Decisions to detain should be very rare and detention should be for the shortest time possible and only to effect removal";
- "The Government should learn from international best practice and introduce a much wider range of alternatives to detention than are currently used in the UK."
Between July and October 2014 the inquiry, launched by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, received 182 submission of written evidence and held three oral evidence sessions. Members of the inquiry also visited detention centres and the Swedish Migration Board.
See: All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, 'The Report of the Inquiry into the Use of Immigration Detention in the United Kingdom' (pdf), 3 March 2015
And also: Immigration centres: Act now to overhaul Britain's 'shocking' detention of migrants indefinitely and in appalling conditions, say MPs (The Independent, link) and MPs call for immigration detention cap (BBC News, link).
EU: Frontex, poison or antidote to the tragedies in the Mediterranean? (Migreurop, link):
"As Malta receives millions of Euros to fund maritime border control operations in collaboration with Frontex, members of the FRONTEXIT campaign denounce the security obsession blinding Europe and leading to increasing numbers of deaths."
Update III on detentions and deportations of Sub-Saharan migrants in Morocco (No Borders Morocco, link):
""As part of the so-called European Neighbourhood Policy (ENP), the EU and its member states fund surrounding countries to control their borders and effectively prevent migrants from reaching European territory. As an "Advanced Partner" in the ENP, Morocco is complicit in creating a buffer zone externalising the EUâs inhumane border regime to Northern Africa. To gain advanced status, Morocco signed a so-called "Mobility Partnership" including readmission negotiations, and receives "assistance in implementing the strategy to combat illegal migration" (EU/Morocco Action Plan, para 48) from the EU. The large-scale detention and deportations of Sub-Saharan migrants in Morocco show what this combat looks like in practice."
See: EU/Morocco Action Plan (pdf)
Frontex budget: 17 million increase puts agency on "cruising speed"
The 2015 budget of EU border agency Frontex has been increased by 16%, from 97 million to 114 million, with the largest share of the extra funding going towards Joint Operations at Sea Borders. According to the agency's Work Programme for 2015, published in December 2014, the budget is on "cruising speed".
'Joint Operations and Pilot Projects at Sea Borders' receives the largest share of the 114 million budget, with 31 million or 27% of the total. In 2014, Joint Operations at Sea Borders was allocated 25 million. According to the Work Programme: "Strengthening the Member States' operational capacity to cover increased operational areas and implementation periods will enhance the tackling of irregular migration on routes identified by risk analysis.
EU: CJEU: Advocate General (AG) Shartston: Opinion: 12 February 2015, Case C.554/13 (pdf): The AG says that if an undocumented person is suspected of a criminal offence then the authorities do not need to wait for the legal process to be completed in order to deport the person
EU: Fundamental Rights Agency (FRA): Criminalisation of migrants in an irregular situation and of persons engaging with them (pdf): "FRA research has highlighted the risk that domestic EU Member State legislation on the facilitation of entry and stay may lead to the punishment of those who provide humanitarian assistance..."
EU: European Commission:State of Play: Readmission and "facilitation": International agreements in the process of negotiation DG HOME European Commission (pdf)
EU: Council of the European Union: LIMITE document Overstayers in the EU
Overstayers in the EU: methodology of gathering statistics; preventive measures; penalties (LIMITE dco no: 5194-15, pdf): The Council Presidency is looking at the harmoinsation of laws on dealing with people who overstay their visitors permint and who may enter the EU through one Member State and exit through another "without an appropriate sanction" . In 2013 there:
"were 344,888 detections of illegal stay in the EU....The overstayers detected in the EU are third-country nationals who have exceeded the authorised period of stay, most of them being short-stay visa holders"
NETHERLANDS: FORCED RETURNS: CoE: CPT report: Report to the Government of the Netherlands on the visit to the Netherlands carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 16 to 18 October 2013 (pdf) and xGovernment response (pdf)
See: Press release: Council of Europe anti-torture Committee publishes report on forced return flight from the Netherlands (link)
EU: Council of the European Union: LIMITE documents: Dublin III & children, Handbook on THB and VIS extension countries
DUBLIN III: Unaccompanied children: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State (LIMITE doc no: 5108-15, pdf) Council Presidency suggested changes and with 22 Footnotes giving Member State positions.
As above: Preparation for the first informal trilogue (LIMITE doc no: 5587-15, pdf): Council working on its negotiating position
Handbook on trafficking in human beings - indicators for investigating police forces (LIMITE doc no: 14630-rev1-14, pdf): "The procedures for the identification of potential trafficking victims, which were created in the field by a synergistic blend of police intelligence - some acquired through international cooperation - and information supplied by the NGOs which provide assistance to victims, are therefore fundamental in identifying possible trafficking victims."
VISA INFORMATION SYSTEM to be extended to include Ukraine and Russia: VIS - time frame concerning the roll-out in the last regions - Approval of the final compromise (LIMITE doc no: 5731-15, pdf):
"The VIS will be launched on 23 June 2015, for region 17 (Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, Ukraine). The notification by Member States is no longer necessary as all Member States have already notified their technical readiness... The VIS will be launched on 14 September 2015, for region 18 (Russia). Pursuant to Article 48(3) of the VIS Regulation, the Member States who have not done so yet should transmit their notification of readiness at the latest by 1 March 2015...In December 2014, eu-LISA concluded that the VIS Biometric Machine System (VIS/BMS) would be able to support the VIS roll-out for region 17 and beyond," [emphasis added]
EU: European Commission: Detailed: Annexes: ANNEXES to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) (COM 8-2015, ANNEXES, pdf). Including "Standard form for refusal of entry at the border" which says on page 13:
"X is considered to be a threat to public policy, internal security, public health or the international relations of one of more of the Member States of the EU."
See also the Commission Decision: COMMISSION IMPLEMENTING DECISION of XXX replacing the Annex to Commission Implementing Decision 2013/115/EU on the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (pdf)
And see: New measure implementing SIS II: Very detailed, from Commission SIRENE Manual ANNEX to the COMMISSION IMPLEMENTING DECISION replacing the Annex to Commission Implementing Decision 2013/115/EU on the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (53 pages, pdf)
EU: Police chiefs want non-EU countries to "prevent irregular migration from happening"
Europol and police forces from EU Member States and beyond have called for "more funds [for] enhanced border control, preventive measures in countries of origin, and joint investigative and analysis teams" to deal with irregular migration, according to a leaked Europol report summarising the proceedings of the 2014 European Police Chiefs Convention. The Convention took place at the end of September 2014, and the report puts particular emphasis on the need for 'buffer states' that take on border control roles for the EU:
"Above all, pre-entry measures such as effective bilateral agreements are key to reducing illegal/irregular migration because once third-country nationals are in an irregular situation in the EU, it becomes more difficult and costly to locate them and address the irregularity. Therefore, it is a policy priority to invest in the country of origin to prevent the irregular migration from happening."
EU: Drones for maritime rescue only, not to prevent migration (Pressemitteilungen von Andrej Hunko, link): "31 million euros is the cost of new research into the use of drones in the Mediterranean to ward off unwanted migration. The EU Commission is contributing around two-thirds of this. Instead of making risky crossings even more difficult for refugees, the money could be used to simplify entry procedures....., said Member of the Bundestag Andrej Hunko, in reaction to the European Commissions two replies to a question on this subject.
Hunko had enquired about EU projects SUNNY, CLOSEYE and AEROCEPTOR. These involve drone tests in three regions of the Mediterranean Sea deemed hot spots for refugee crossings, with AEROCEPTOR using aerial police weaponry for the first time."
.See European Commission answers: Project SUNNY (link) and Projects Closeye, DeSIRE and Aeroceptor (link)
GERMANY: Police investigate death of Eritrean man in Dresden - Murder investigation launched after mans body found in German city where there have been anti-immigrant Pegida marches (Guardian, link):
""Dresden police have launched a murder investigation following the death of an Eritrean man whose blood-soaked body was found outside his home in the east German city. (...) "Police initially said there were no suspicious circumstances surrounding his death, saying on Tuesday: 'Up to now there are no indications of foul play.'
"But after a flurry of activity on social network sites and inquiries by a local journalist from the newspaper MOPO24 as well as from members of the 35,000-strong Eritrean community in Germany as to how it could be ruled out so quickly that the man had been the victim of assault, police said a murder investigation had been launched."
See Letter from NGO Human Rights Concern Eritrea to Heiko Maas, Germany's Justice Minister (pdf)
EU ACCOUNTABILITY GAP: European Parliament: Joint Police Operation "Mos Maiorum" (13-26 October 2014): During this JPO the Commission, the Council and Frontex denied any part in planning it - its was all the responsibility of the Italian Council Presidency (and presumably the Greek Council Presidency which took the decision) plus all the EU Member States who took part.
See: Council put out censored, "partially accessible", version of the operation document deleting the date and all the details of Joint Police Operation (JO): Censored text (pdf) and see: Full-text (pdf)
MEPs tried to find out more: Question to the Council: Subject: Planned joint police operation Mos Maiorum' (EP, link) from: Barbara Spinelli (GUE/NGL) , Kostas Chrysogonos (GUE/NGL) , Malin Björk (GUE/NGL) , Martina Anderson (GUE/NGL) , Marie-Christine Vergiat (GUE/NGL) and Reply by the Council (EP link) and see Question: Mos Maiorum joint operation and role played by Frontex: from Silvia Costa (S&D) , Kashetu Kyenge (S&D) , Elly Schlein (S&D) , Patrizia Toia (S&D) and the Reply by the Council (link) which simply refers to the same answer as that given to the first question. Thus the replies by the Council are:
"The attention of the Honourable Members is drawn to the fact that the joint police operation Mos Maiorum is being conducted under the responsibility of the Italian State, with the support of those Member States which have decided to participate. The Council as an institution has therefore not taken any decision in its setting up, nor is it in a position to comment on the way it is managed.
The competent courts, along with the Commission, as guardian of the Treaties, are responsible for overseeing Member States' application of Union law...."
Background: Statewatch Summary of coverage: (5.11.14): Media and Web coverage: no 7 (pdf) (24.10.14): Media and Web coverage no 6 (pdf), (20.10.14): Media and Web coverage: no 5 (pdf), (17.10.14): Media and Web coverage: no 4 (pdf), (15.10.14): Media and Web coverage: no 3 (pdf), 13.10.14: : Media and Web coverage: no 2 (pdf) and 13.10.14:same day Web-media coverage: no 1 (pdf) and see: "Mos Maiorum": Images and photos of protests (pdf)
New in Brief (9.1.15)
Austria Detention Profile (Global Detention Project, link); "In early 2014, Austria opened its first specialized immigration detention facility. The development comes after more than two decades of criticism from national and international observers, who have pressed the country not to detain migrants and asylum seekers in prisons and other criminal facilities. The opening, however, was accompanied by controversy because of the decision to outsource security and other services at the facility to a heavily criticized private prison firm, G4S."
Syrian refugees told to decide as camp shuts down (Cyprus Mail, link): "THE Syrian refugees who were rescued off the coast of Cyprus in September and are temporarily housed at the Kokkinotrimithia reception centre, need to urgently make arrangements for their stay in the country, since the camp will close down in a few days, the Interior ministry announced yesterday."
Germany's right-wing populists join hands with anti-Islamist Pegida (euractiv, link)
Greece: New anti-discrimination report set for February launch (Coe Human Rights, link): "The February analysis from the European Commission Against Racism and Intolerance (ECRI) will be the fifth Council of Europe examination of the countrys efforts to strengthen social cohesion and fight xenophobia, anti-semitism and bigotry."
EU: Council of the European Union: "Researchers" Directive: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (LIMITE doc no: 16343-14, 158 pages, pdf): Developing the Council's position: "At its meeting held on 2 December 2014, the JHA Counsellors had an exchange of views on the
Presidency compromise suggestions included in document 15800/14. The outcome of this exchange of views is reflected in the text in Annex. " With 177 Footnotes including Member State positions.
EU: "BEST PRACTICES" for COERCIVE FINGERPRINTING of MIGRANTS and their DETENTION "for the purpose of fingerprinting [with] the use of a proportionate degree of coercion" including "vulnerable persons, such as minors or pregnant women"
European Commission: Best Practices for upholding the Obligation in the Eurodac Regulation to take fingerprints (LIMITE, doc: DS 1491/14, pdf) "Meeting document" from European Commission. In the attached study it is clear that many EU states do not have laws permitting the use of coercion to take undocumented migrants' fingerprints, the Commission's "Best Practices" however foresees the use of coercion although the study shows that coercion is not allowed by law in 14 Member States. It is only lawful in 7 Member States (Croatia, Austria, Finland, Germany, Poland, Slovakia and the UK). In Italy it not allowed by law but is by courts and in Sweden people are detained.
"The European Commission carried out an EMN enquiry to find out how Member States were dealing with this situation. The results of this enquiry (attached) show that some Member States permit the use of detention for the purpose of fingerprinting some permit the use of a proportionate degree of coercion, while others neither use detention nor coercion....
For as long as a data-subject refuses to cooperate in the initial identification process, including in the taking of his/her fingerprints as required by EU law, it is not possible to conclude whether or not there is a realistic prospect of his/her return being carried out and, as such, detention may be permitted under the terms of the Return Directive...
Member States may consider that it is never appropriate to use coercion to compel the fingerprinting of certain vulnerable persons, such as minors or pregnant women. If some degree of coercion is used for vulnerable persons it must be ensured that the procedure used is specifically adapted to such persons. The use of coercion should always be recorded...."
EU: THE SURVEILLANCE of TRAVEL by LAND, SEA & AIR?: Council of the European Union: Smart Borders Package pilot project: draft political guidelines LIMITE doc no:16275-14, (pdf):
"The pilot project should aim at testing and validating the technical options, regarding [ ] border control processes and the use of biometrics... The pilot project should address the broadest possible variety of border crossing situations, looking at airport, land and sea borders....
The pilot project should in particular test the following aspects: the impact of biometrics' use on border control processes: testing different biometric identifiers for enrolment in EES (10 fingerprints in combination with facial image; 8 fingerprints in combination with facial image; 4 fingerprints in combination with facial image; facial image only); using several types of biometric devices (existing technology at border posts, last generation of fingerprint scanners, contactless fingerprint scanners, hand-held devices, Automated Border Control (ABC) gates or electronic (e-) gates). The option of the facial image could in particular be tested in case of cruises." [this last emphasis in original]
See also: EU: Smart borders: "no sufficient evidence" to justify law enforcement access to proposed Entry/Exit System travel database (Statewatch database) and Analysis: Smart borders: fait accompli? (Statewatch database)
EU: Council of the European Union: EU Action on Migratory Pressures - A Strategic Response 5th Biannual Update (LIMITE doc no: 16600-14, 48 pages, pdf) Detailed report including: "Strategic priority area: Strengthening cooperation with third countries of transit and origin on migration management"
EU looks to African dictators for migration solutions (euobserver, link): "The Italian EU presidency had organised and launched the so-called Khartoum Process to try and prevent asylum seekers from going via countries such as Libya to get to the EU."
See: The Khartoum Process (pdf) agreed in Rome on 28 November 2014 agreed by: "Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Egypt, Eritrea, Estonia, Ethiopia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Kenya, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Somalia, South Sudan, Spain, Sudan, Sweden, Tunisia and United Kingdom, and the European and African Union (AU) Commissioners in charge of migration and development, as well as the EU High Representative/Vice-President of the European Commission."
EU: Immigration detention in Europe: What are the facts? A new European Migration Network Study (EU Law Analysis, link) and see EMN Study (pdf):
"Placing migrant in detention may aim at compelling him to collaborate with authorities in view of obtaining travel documents or agreeing to return voluntarily. The use of detention for such criminal-like purposes appears to be beneficial for States, while at the same time makes non-citizens more vulnerable to abuses. "
France: ASSFAM, Forum Réfugiés-Cosi, France terre d'asile, La Cimade, Ordre de Malte France (Press release) Detention centres: associations demand the modification of the immigration bill (pdf): "The fourt joint report by the five associations which are present in the centres de rétention administrative (CRAs, administrative detention centres) note the persistence of serious violations of detainees fundamental rights."
EU: AN EXAMPLE OF NEO-COLONIALISM? FRONTEX: Africa-Frontex Intelligence Community Joint Report (AFIC) - 2014 (4MB, pdf) This version has a different designation (unlike those for 2012 and 2013 which were censored): "Non-classified" This version has 59 pages, the previous ones were 64 and 76 pages which probably means the "sensitive" bits have been left out..
And see: Africa-Frontex Intelligence Community Joint Report (AFIC) - 2013 (4MB, pdf) and 2012 Report (pdf) Parts have been censored. Frontex, the EU Border Agency, under the hat of the external role of internal security, extends its role outside the EU. Is this an example of the EU Member States' post-colonial role in Africa?
Germany, Austria and Italy launch "trilateral controls" to deal with "the increasing numbers of refugees"
On 13 November the German Interior Ministry announced the start of what it calls "trilateral patrolling" - police patrols in border regions involving officers from Germany, Austria and Italy. Controls, primarily focused on trains, will be "significantly boosted" by the operation. Thomas de Maizière, German's Federal Interior Minister, said: "Stronger action against illegal migration is urgently required in view of the increasing numbers of refugees." The new measures have been advertised as "trilateral" in nature. However, it seems that the controls will mostly take place on Italian territory.
EU: SCHENGEN: European Commission: Sixth bi-annual report on the functioning of the Schengen area 1 May - 31 October 2014 (COM 711-14, pdf)
New Frontex Director: Statement by Commissioner Avramopoulos on the appointment of the new Executive Director of Frontex (pdf) and see his "Motivation" (link)
EU Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State (LIMITE doc no: 15567-14, pdf)
EU: Supra-national border guard system on EU radar (euobserver, link):
"The final phase is the most far-reaching. Also known as full integration at EU level, it entails setting up an entirely new agency - the committee on Schengen border management (CSBM). The new body would be composed of border guards under a EU-level command structure.
The study notes that all border guards, previously acting under the command and control of national authorities, would now form part of the European border guard corps."
and see European Commission: DH Home: Study: Study on the feasibility of the creation of a European System of Border Guards to control the external borders of the Union ESBG (pdf)
"They want to see us drown" Survivors of a push back operation in the Aegean Sea report to the Watch The Med Alarm Phone (Watch the MED, link):
"Witness Mr D. reports of a push-back operation by the Greek coastguard when he and 32 other passengers, all of Syrian nationality and including a pregnant woman, were leaving Cesme in Turkey to reach the Greek island of Chios on a rubber vessel in the night of the 25th-26th of October 2014. The Greek coastguard intercepted the vessel and later boarded it, then took away the gas tank of the engine and punctured the vessel. The coastguard left the vessel behind in Turkish waters, without an engine and a hole in the vessel. The passengers were able to call the Turkish coastguard which rescued them and brought them back to Cesme."
See also: Safety at sea (link) and The sea as frontier (link) See also: On board the tiny fleet saving terrified migrants from an angry Mediterranean (Guardian, link)
EU: Mapping of migrant camps (Close the Camps, link):
""A dynamic and interactive mapping of migrant detention in Europe and beyond. This site aims to: Record the sites, forms and conditions of migrant detention and their serious human consequences; Enable access to information concerning migrant detention sites and contact with detained persons; Mobilise all those who oppose migrant detention and removal measures to protect migrants human rights"
EU: INTERNATIONAL PROTECTION: Council of the European Union: Proposal for a Regulation amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State (LIMITE doc no: 15120-14, , pdf)
EU: Red Cross EU: Press release: Position paper on the Right to Access to International Protection: Recommendations of the National Red Cross Societies of the Member States of the European Union and the International Federation of Red Cross and Red Crescent Societies (Press release, pdf) See also: Position Paper: Recommendations (pdf) and Legal avenue to protection (pdf) This position paper sets forth the following six recommendations:
"1. Ensure that people fleeing Syria have access to asylum procedures in the EU
2. Consider visa applications from people fleeing Syria in a protection sensitive way
3. Facilitate family unity in Europe for people fleeing Syria.
4. Offer emergency resettlement to the most vulnerable people fleeing Syria.
5. Review refugee status determination procedures and reception conditions for people fleeing Syria.
6. Do not return people to Syria and its neighbouring countries."
EU: DUBLIN: ECHR: Tarakhel v Switzerland: Another nail in the coffin of the Dublin system? (EU Law Analysis, link). See also ECHR Press Release (pdf):"Sending Afghan family of asylum seekers back to Italy under the Dublin Regulation without individual guarantees concerning their care would be in violation of the Convention" and Full-text of judgment ([pdf)
PETITION: A collective refusal: an appeal by researchers involved in the production of knowledge on migration (change.org, link): And in Italian (link) and French (link)
"Day after day we keep receiving updates on that uncanny war which is ongoing in the Mediterranean: updates on how many migrants were rescued and how many have died since the beginning of Mare Nostrum, the military and humanitarian operation that the Italian government enlisted in the Mediterranean as a response to the shipwreck of October 3, 2013. At that time, the island of Lampedusa was swamped by a wave of dead bodies - of women, men, and children. We are asked to form our opinion on Italian and European policies those policies made also in our name - based on the statistics of deaths"
EU: Italy: end of ongoing sea rescue mission puts thousands at risk - Refugee expert says to expect 3,000 death toll to multiply as Europe cuts back on its patrols of waters used by migrants (Guardian, link):
"Tineke Strik, rapporteur for the human rights body the parliamentary assembly of the Council of Europe, said: We know that [under Triton] there will be gaps and a vacuum in the territorial waters off Libya, for instance, and that is where the main accidents occur.
Frontex says: Of course, we will also do search and rescue actions, but if you dont have enough capacity will you be there in time? I would expect many more sea deaths the moment that Mare Nostrum is withdrawn."
EU: "Hot Returns": When the state acts outside the law - Legal Report (pdf) This Report was fostered by the I+D+i IUSMIGRANTE Project (DER 2011-26449)
"Images, witnesses and other numerous sources with evidential value accredit the practices that have been coined as hot returns in the cities of Ceuta and Melilla and the small islands under Spanish sovereignty.
In this context, the concept of expulsions or hot returns by the law enforcement authorities is being formed, which consists of handing the foreign citizens who have been intercepted by such authorities in the area under Spanish sovereignty over to the Moroccan authorities on a de facto basis without carrying out the legally established procedures or meeting the internationally acknowledged guarantees."
See also: Spain: Abandon Abusive Migration Plan (HRW, link): "The Spanish government should immediately drop its plans to provide a legal basis for summary returns from its enclaves in North Africa, 13 human rights groups said today."
EU: AN EXAMPLE OF NEO-COLONIALISM? FRONTEX: Africa-Frontex Intelligence Community Joint Report (AFIC) - 2013 (4MB, pdf) Parts have been censored. Frontex, the EU Border Agency, under the hat of the external role of internal security, extends its role outside the EU. Is this an example of the EU Member States' post-colonial role in Africa?
UK-EU: UK axes support for Mediterranean migrant rescue operation - Refugees and human rights organisations react with anger as minister says saving people encourages others to risk voyage (Guardian, link): Government Minister's answer to a question in the House of Lords:
"To ask Her Majesty's Government what naval or air-sea rescue contribution they will make to prevent refugees and migrants drowning in the Mediterranean. [HL1977]
The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con): We do not support planned search and rescue operations in the Mediterranean. We believe that they create an unintended "pull factor", encouraging more migrants to attempt the dangerous sea crossing and thereby leading to more tragic and unnecessary deaths. The Government believes the most effective way to prevent refugees and migrants attempting this dangerous crossing is to focus our attention on countries of origin and transit, as well as taking steps to fight the people smugglers who wilfully put lives at risk by packing migrants into unseaworthy boats."
Tony Bunyan, Statewatch Director, commented:
The governments justification for not participating in Triton is cynical and an abdication of responsibility by saying that not helping to rescue people fleeing from war, persecution and poverty who are likely to perish is an acceptable way to discourage immigration.
See also: Illegal migration: Frontex chief says he 'didn't know Italy is scrapping Mare Nostrum' (Independent.mt, link)
UK: Campsfield expansion wrong, abusive and unnessary - who benefits? (Press release, pdf): "An application to expand Campsfield House Immigration Removal Centre is expected to be submitted to Cherwell District Council imminently. The plans would more than double the number of people imprisoned at the Centre from 276 to 556. Bill MacKeith, of the Campaign to Close Campsfield, has described the plans as wrong, inhumane and unnecessary."
SEARCH, RESCUE & RIGHTS: OHCHR Releases Recommended Principles and Guidelines on Human Rights at International Borders (Migrants at sea, link): "The Office of the High Commissioner for Human Rights yesterday issued Recommended Principles and Guidelines on Human Rights at International Borders. OHCHR, along with multiple stakeholders, has been working on the principles and guidelines since 2012"
See: OHCHR: Recommended Principles and Guidelines on Human Rights at International Borders (pdf):
"International borders are not zones of exclusion or exception for human rights obligations. States are entitled to exercise jurisdiction at their international borders, but they must do so in light of their human rights obligations. This means that the human rights of all persons at international borders must be respected in the pursuit of border control, law enforcement and other State objectives, regardless of which authorities perform border governance measures and where such measures take place. "
Spain/Melilla: "Urine with ebola, fire and stones against the fence", or the most brutal media manipulation possible (Peio M. Aierbe, 16 October 2014)
"Today, El Faro de Melilla [newspaper] offered us an example of the media manipulation that we have been complaining about for years. The headline could not have expressed this intention any better: presenting the migrants who want to cross the fence not just as violent, but as a threat to our society. And what could be more effective at the moment, than associating them to ebola?
The newspaper's account of the violent expulsion carried out yesterday by the Guardia Civil consists in showing the Guardia Civil officers as victims, and the migrants as violent and dangerous. Precisely the opposite of what happened, as can be seen from the videos recorded and circulated by Prodein."
EU: Fundamental rights and forced returns of migrants: Ombudsman opens investigation: Press release: Fundamental rights and forced returns of migrants: Ombudsman opens investigation (pdf) and Letter to Frontex: Own-initiative inquiry OI/9/2014/MHZ concerning the means through which Frontex ensures respect for fundamental rights in joint return operations (JRO) (pdf)
NB: For news on this Operation please see News Online:
Joint Operation "Mos Maiorum": Demonstration in Stockholm: Thursday (link) and Demonstration in Brussels: Wednesday (link).
See also European Parliament: Resolutions on topical subject: Joint police operation "Mos Maiorum" (link): Debate today: afternoon/evening in plenary on Mos Maiorum (formally called "Council statement") but without resolution. You can follow the debate here:(link) An indicative timetable will be displayed from 15:00 on on the same page. See also: EU-wide "Mos Maiorum" police operation (Green/EFA Group, link)
EU: SMART BORDERS report: Technical Study on Smart Borders: Executive Summary (Summary, pdf) and Full-report (443 pages, 5MB, pdf):
"The Smart Borders Package was proposed by the Commission in February 2013. It follows the European Commission (EC) Communication of February 2008 suggesting the establishment of an Entry/Exit System (EES) and a Registered Traveller Programme (RTP). The Smart Borders Package is constituted of three legislative proposals. It aims to improve the management of the external borders of the Schengen Member States (MS), fight against irregular immigration and provide information on overstayers, as well as facilitate border crossings for pre-vetted frequent third country national (TCN) travellers."
EU: NEW OPERATIONAL STRATEGY TO STOP & CONTROL MIGRANTS FLEEING FROM, WAR, POVERTY & PERSECUTION: Council of the European Union: Taking action to better manage migratory flows (LIMITE, 13747-14, pdf) Note: Operational strategies like this one are not subject to agreement or scrutiny by national and European parliaments.
"I. Action in cooperation with third countries
II. Reinforced management of external borders and FRONTEX
III. Action at Member States' level Reception and fingerprinting"
"the main hotspot of migratory flows is currently in the Mediterranean, affecting Europe as a whole, the detailed activities to be implemented in the short term should be primarily focused on that operational area."
Future EU countries could face new migration curbs (euobserver, link): " The European Commission has said future EU members could face extra controls on movement of workers in a concession to the UK."
See: European Commission: Report on Enlargement Strategy and Main Challenges 2014-15 (COM-700-14, pdf)
EU: The Lampedusa Tragedy, one year after: Terre des Hommes: "Channels for regular arrivals of migrants, now ! The sole priority is to save lives. The rest is just words." (Press release, pdf): "Milano/Brussels, 03 October 2014 - A year after the tragic sinking of Lampedusa, which highlighted the danger of leaving migration flows in the hands of smugglers, Terre des Hommes continues asking the Italian government and the European Union to establish regular and legal entry channels into Europe for people fleeing from war, disasters and poverty."
EU: Posting third-country workers within the EU: the ECJ squares the circle (EU Law Analysis, link) and CJEU judgment (pdf):
"The ECJ has repeatedly held that, unlike workers from EU Member States, Turkish nationals are not entitled to freedom of movement within the European Union but can rely only on certain rights in the territory of the host Member State alone (Savas, para 59; Derin, para 66). The Essent judgment provides a recent and clear illustration of how, under certain circumstances, the EU internal market freedoms can be relied upon to overcome those limitations and, indirectly, to broaden the freedom of movement of Turkish and other third-country nationals."
CoE: Europe, wake up! (Commissioner for Human Rights, link): "Frontex, the EU border control agency, had been active in reinforcing fortress Europe and the police of some EU member states have been engaged, inter alia, in collective expulsion (push-back) operations in violation of international norms....Today, the EU pressures third countries, in particular in the Balkans, to reduce the number of their citizens applying for asylum in the EU under the penalty of restoring mandatory visa requirements. This has led to the adoption of unlawful measures such as ethnic profiling at border crossing points, sanctions on carriers which do not carry out police work, confiscation of travel documents, and push-backs."
EU: Council of the European Union: "Researchers" Directive, Council developing its negotiating position on: Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (LIMITE doc no: 13600-14,163 pages, pdf) With 271 footnotes and Member State interventions.
EU: Frontex: Concept of reinforced joint operation tackling the migratory flows towards Italy: JO EPN-Triton to better control irregular migration and
contribute to SAR in the Mediterranean Sea (pdf)
EU: Amnesty International: Lives adrift: Refugees and migrants in peril in the central Mediterranean (pdf):
"In this report Amnesty International argues that until safe and regular routes into Europe are in place for refugees and migrants, the priority for the EU and its member states must be to protect their lives and ensure access to asylum for those who need it, as they attempt the sea crossing."
See also: Migrant deaths crossing Mediterranean top 3,000 in 2014 (BBC News, link): "In a report published on Monday, the IOM said the 3,072 deaths made Europe the most dangerous destination for "irregular" migrants. The organisation said that some experts placed the toll three times as high."
UK-EU: Criminal law opt-out proposals: the Prüm Decisions will cease to apply to the United Kingdom from 1 December 2014. "as a consequence that the United Kingdom cannot access for law enforcement purposes fingerprints contained in the Eurodac database." (Eurodac is a fingerprint database for identifying asylum seekers and undocumented border-crossers). The UK is to review the consequences of this by 30 September 2015.
See: Transitional re Prum Decision (COM 396-14, pdf) and UK obligation to repay (COM 395-14, pdf)
EU: 10,000 "irregular" migrants were "checked" in mass "organised crime" sweep organised by Europol in joint operation with Frontex, Eurojust and Interpol: Organised crime networks targeted in huge law enforcement operation in Europe (Press release, pdf) No information is given as to what happened to the people who were "checked".
"Between 15 and 23 September, law enforcement authorities from 34 countries, coordinated and supported by Europol from its headquarters in The Hague, joined forces in Operation Archimedes. The operation targeted organised crime groups and their infrastructures across the European Union (EU) in a series of actions in hundreds of locations, with the cooperation of Eurojust, Frontex and Interpol." and
"In cooperation with Frontex and EU Member States, around 10 000 irregular migrants were checked which also led to the arrest of criminals facilitating illegal immigration. In total in the overall operation, 170 facilitators were arrested and important intelligence was gathered."
See also: Europol infographics (link)
CALAIS: UK-FRANCE: UK pledges £12m to help Calais tackle illegal migrants (BBC News, link) and UK, France strike 15 million deal over Calais migrant crisis (France 24, link)
Background: France/UK/migration Joint declaration by M. Bernard Cazeneuve, Minister of the Interior, and Mrs Theresa May, Home Secretary of the United Kingdom (pdf) and Déclaration conjointe de Mme Theresa MAY et de M. Bernard CAZENEUVE, Ministres de lintérieur britannique et français 20 septembre 2014 (pdf)
EU: European Commission: 5th Annual Report on Immigration and Asylum (2013) (COM 288-14, pdf) and Communication from the Commission to the European Parliament and the Council 5th Annual Report on Immigration and Asylum (2013) (141 pages, SWD 165-14, pdf)
EU-CJEU: European Court of Justice: Member States are obliged to admit to their territory third-country nationals who wish to stay for more than three months for study purposes, where they meet the conditions for admission exhaustively listed by EU law - They are therefore prohibited from introducing additional conditions for admission (Press release, pdf) and Advocate-General Opinion: Full-text (pdf)
UK: Deprivation of British citizenship and withdrawal of passport facilities (pdf) A handy starting point for analysis: House of Commons Library note:
"In recent years there has been an increasing use of powers to deprive people of their British citizenship and withdraw British passport facilities, particularly in respect of those who may be involved in fighting, extremist activity or terrorist training overseas."
EU: Council of the European Union: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (Doc no: 11439-14, Limite, 165 pages, pdf) The Council developing its negotiating position with over 300 Member State reservations.
Mytilene, Greece, 28.08.14: W2EU: Press release: 73 refugees transferred from Moria to unknown destination on vessel of the Hellenic Navy
"On Wednesday night (27th August 2014) a group of 73 refugees most of which were Afghan was transferred from Moria first reception detention centre in Lesvos to the port of Mytilene. When the last load of people reached the port it was already dark. They were then brought on board discretely and in the shadow of one Greek officer at a time. During this seemingly secretive operation the port was full of civil police and coast guards."
See also: LESVOS DETENTION CENTRE: Welcome to the European Union: Visit to Moria First Reception Centre, Moria, nr. Mytilini, Lesvos, Greece 11th May 2014 (pdf): Report by Ann Singleton (University of Bristol), John Moore (University of the West of England) and Tony Bunyan (Statewatch) - (all Members of the European group for the Study of Deviance and Social Control)
EU: Statewatch Analysis: Smart borders: fait accompli? (pdf) by Chris Jones:
"Critique of the smart borders proposals has been and still is extensive, but none of the arguments raised have so far been dealt with seriously by those in favour of the systems. It seems that the freedom in the EUs area of freedom, security and justice is little more than a buzzword when it comes to border control and policing. When it comes to dealing with increasing levels of human migration, the only proposals on the table involve increasing monitoring and control."
MOROCCO: Migreurop: Dirty war against immigrants in Morocco - The worsening dirty war against immigrants by the Moroccan government with cooperation by Spain (Statewatch translation, pdf) and Guerra sucia contra migrantes en Marruecos Recrudecimiento de la guerra sucia contra migrantes a cargo del gobierno de Marruecos con la colaboración de España (pdf)
EU: Frontex presses on with aerial surveillance projects
EU border agency Frontex has made progress in its attempts to acquire and deploy aerial surveillance technology, with the completion of a pilot project at the Bulgaria-Turkey border in early July. According to the agency, the project has outlined "new approaches in Frontex policy for future acquisition of operational assets and services."
Italy-Tunisia: Tunisian authorities undertake border control for Italy
The Tunisian National Guard has 'rescued' many boats carrying migrants and refugees in the past few months. However, these vessels were not all in distress when they were 'rescued'. A colonel in the National Guard's maritime section explained in an interview with the authors of this article that the current bilateral agreement with Italy foresees that the Tunisian Navy and the Tunisian National Guard should block boats carrying migrants, even if they are not in distress.
UK: Predictive policing in London: commercial interests trump accountability
London's Metropolitan Police (Met) have adopted a "neither confirm nor deny" policy on their use of "predictive policing" technology, citing the need to protect the commercial interests of both the police and companies. This is despite the fact that the force admits that releasing relevant information "could potentially further the debate around the efficacy and ethics of using such technologies," and could improve "the accountability of decisions taken in relation to the research and development of such technologies."
EU: The Missed Opportunity of the Ypres Guidelines of the European Council Regarding Immigration and Asylum (link) by Philippe De Bruycker
EU: 267 migrants rescued from 29 boats in Strait of Gibraltar (El Pais, link): "The Spanish coastguard rescued 267 people from 29 small boats in the Strait of Gibraltar on Monday. All the men, women and children onboard were found to be in apparent good health and taken to Tarifa, in Cádiz province, to be treated."
EU: MIGRATION & ASYLUM: European Parliament: For a European Strategy in the field of migration and asylum: Appeal to the European Parliament on occasion of the Italian Presidency Semester (pdf): Barbara Spinelli (MEP, GUE):
"Nowadays, refugees are the product, on an industrial scale, of that great war, immaterial and undeclared as it is, which is the war against the poor, with a stark border separating people who have a right to move from those who are denied that right. But a worldwide war, which sets apart subjects of the law from marginal bodies whose fate is at the mercy of events that are decided elsewhere, cannot turn Europe into a barbed wire fence. The Europe we want must be a place of welcome, of respect and of dignity."
Germany's deportees cannot be held in prisons, ECJ rules (euractiv, link) and see: CJEU ruling Press Release: A Member State cannot rely on the fact that there are no specialised facilities in a part of its territory to justify detaining third-country nationals in prison pending their removal - The same applies even if the third-country national concerned has given his consent to being accommodated in prison (pdf)
EU: Data protection rights and administrative proceedings (EU Law Analysis, link): "in the specific context of asylum proceedings, and more generally in many other areas of EU law, it is useful that the Court confirmed that applicants can still enforce (by a different means) the right to good administration against national authorities."
GREECE: LESVOS DETENTION CENTRE: Welcome to the European Union: Visit to Moria First Reception Centre, Moria, nr. Mytilini, Lesvos, Greece 11th May 2014 (pdf): Report by Ann Singleton (University of Bristol), John Moore (University of the West of England) and Tony Bunyan (Statewatch) - (all Members of the European group for the Study of Deviance and Social Control):
"The site is still under construction, but presents a chilling taste of what is to come and the claustrophobic conditions for migrants to be held there. For people who have committed no criminal offence, nor been charged with any, it is impossible to see why barred windows, prison-style lighting and surveillance towers and barbed wire are necessary on this island camp. One can only wonder at the horror they will feel and experience on being taken to this place after their arduous journeys."
EU: CJEU: Penalising Refugees: when should the CJEU have jurisdiction to interpret Article 31 of the Refugee Convention? (EU Law Analysis, link)
EU: Council of the European Union: NO MENTION OF SEARCH & RESCUE: Draft European Union Maritime Security Strategy (EU doc no: 10914-14, pdf): The operational strategy of the Council is at odds with EU policy:
"Based on the EUs founding values of human rights, freedom and democracy, the purpose of this Strategy is to secure the maritime security interests of the EU and its Member States against a plethora of risks and threats in the global maritime domain."
Earlier version of proposal: Draft EU Maritime Security Strategy (9382/14, pdf) and see: New EU rules on maritime surveillance: will they stop the deaths and push-backs in the Mediterranean? (EU Law Analysis, link)
This is contrary to the recently adopted: Regulation establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the management of operational cooperation at the external borders of Member States of the EU (pdf)
BULGARIA: Trapped in Europes Quagmire: The situation of asylum seekers and refugees in Bulgaria (Bordermonitoring, pdf): "rapped in Europes Quagmire: The situation of asylum seekers and refugees in Bulgaria is Bordermonitorings report on Bulgaria. The making of the report was undertaken by four independent researchers and follows structural conditions in the country which place asylum-seekers and refugees in an extremely vulnerable position as well as their current precarious situation."
FRANCE: Police evict migrants from main Calais camp (The Local, link): "Just a month after riot police cleared out several makeshift migrant camps in Calais, officers moved in early on Wednesday to shut down the main squat. Officials' tough stance on the migrants, most of whom hope to get to the UK, has drawn criticism from humanitarian groups."
and see: Activists and campaigners present in Calais (French, link):
""A political solution is necessary: since the closure of Sangatte in 2002, the only response of national and local authorities was police repression and to deny people the basics of life in order to discourage them from staying in Calais. Obviously, it does not work and produces a situation of suffering and violation of rights."
They have urged people to provide money and material support for the migrants: "They only get one meal a day, everyone is hungry all the time. There are no tents to give, no blankets, not enough clothes and shoes. The associations who supported the migrants for so many years were already in crisis and are unable to provide sufficiently. Please make a donation, it is an emergency. People who arrive are often sleeping with nothing."
EU: European Commission: Commission Staff Working Document: Implementation of the Communication on the Work of the Task Force Mediterranean (pdf) and Part 2 (pdf)
UK: No one is listening to us: Britains Migrant Rebellion (Ceasefire, link):
"This month, Britains immigrant detention estate has been rocked by one of the largest protests to date, yet another consequence of the climate of hatred, fear and racism so deeply embedded in Britains squalid current debate about immigration, argues Matt Carr in his latest column."
Calais: Riot police expel migrants from camps (The Local, link):
"Police cleared out improvised camps in the port city of Calais on Wednesday morning, which migrants use as a base in their effort to reach the UK. Its the latest chapter in a long-running humanitarian and political struggle."
Spain: Human Rights at the southern border - the events in Ceuta and Melilla are not an isolated event
On 22 April 2014, the Asociación Pro Derechos Humanos de Andalucía (APDHA) presented its annual "Report on Human Rights at the southern border" for 2014, which focuses on the situation at the borders in the Spanish north African enclave cities of Ceuta and Melilla, where at least 15 people died in controversial circumstances, including the firing of rubber bullets and teargas as they swam, on 6 February 2014.
EU: European Commission: Report: Fifth bi-annual report on the functioning of the Schengen area 1 November 2013 - 30 April 2014 (COM-292-14, pdf)
EU: Council of the European Union: Draft Council Conclusions on EU Return Policy - Adoption (20 May 2014, pdf): "the Council recognises that voluntary return is not always a viable solution and that a potential resort to forced return is an equally important element of a credible return policy. In that respect the Council acknowledges that national forced-return monitoring systems can contribute to correctly executed returns and transparency."
Earlier version of the: Draft Council Conclusions on EU Return Policy (14 May 2014, pdf) and Draft Council Conclusions on EU Return Policy (7 May 2014, pdf)
See also: A highly inappropriately titled Council document: "An effective EU return policy": Presidency's food for thought paper for the lunch discussion (pdf):
"The term 'voluntary return' includes different types of programmes, from those that are genuinely voluntary to those that are options of last resort, meaning that illegally resident migrants facing the possibility of forced removal prefer the 'voluntary' return instead... only few third country nationals in an illegal situation accept to return voluntarily to their country of origin or transit. Voluntary return programmes, including the pay-to-go return programmes implemented since the 1970's, have persistently failed to attract a substantive number of participants."
Tony Bunyan, Statewatch Director, comments: "When I was in the Civil Liberties Committee of the European Parliament on 1 April 2014 a Commission official was reporting on its "Returns Policy" report. He told the Committee that the problem was that "most people do not want to voluntary return to the countries they have come from". It was not raised that the fundamental flaw with the EU's returns policy is that that people fleeing from persecution or hunger do not want to go back to the countries they have fled from."
EU: Statewatch Analysis: Border guards, planes, thermal vision vans and heartbeat detectors who is equipping Frontex? (pdf) by Chris Jones
Total number of national border guards available to Frontex increases by over 30% from 1,885 in 2013 to 2,484 in 2014
Amount of technical equipment Member States make available - including boats, planes, "thermal vision vans", heartbeat detectors and dogs - also grows
Frontex's "response capacity will be strengthened"¨ in 2014 through "further development" of European Border Guard Teams and the Technical Equipment Pool
EU-LIBYA BUDGET: Council of the European Union: Draft Council Decision amending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) - Adoption (22 pages, pdf)
EU-eu-LISA: Report on the technical functioning of the Visa Information System (VIS) (33 pages, pdf)
Report from the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) on the "technical functioning of the Visa Information System (VIS)".
"For the time being, Poland has proven to be the major user of the VIS together with France, executing about 20% of all VIS operations in each case. Spain is the third highest user of the system with 13% of the operations, closely followed by Lithuania (10%), Finland (10%) and Germany (8%)."
"By 31 August 2013, VIS has been used to process a 4,380,582 visa application, of which 3,681,377 culminated in the issue of a visa while 535, 261 applications were eventually refused."
And: "approximately 25.4% of the all [sic] applications do not have fingerprints attached. Nevertheless, there has been an increase in the proportion of registered applications with fingerprints compared to the total amount of registered applications over the reporting period. In 2011, registered applications with fingerprints represented 62% of the total amount of registered applications. In 2012 the amount increased to 69% whereas in 2013, registered applications with fingerprints represented 77% of all registered applications."
EU: IMIGRATION & ASYLUM: European Commission: Commission Staff Working Document: Accompanying the document Communication from the Commission to the European Parliament and the Council 5th Annual Report on Immigration and Asylum (2013) (SWD 165-14, 141 pages, pdf)
EU: EUROSUR WILL NOT HELP RESCUES AT SEA: EU border surveillance system not helping to save lives (euobserver, link):
"Launched in December to help prevent boat migrants from drowning, the EUs border surveillance system, Eurosur, has yet to deliver amid a sharp increase in the number of sea-crossing attempts.... Eurosur is also set to accept satellite images in the near future, but will not offer any additional help when it comes to rescue missions, said Fernandez. This would not be even useful for preventing tragedies because the satellite images will be available to the border authorities hours or even days after, he said."
EU: FRONTEX: New rules on Frontex operations at sea (pdf) from Ska Keller (Green Group, pdf):
"The regulation on Frontex operations at sea sets new rules for intercepting and pushing back migrants at sea as well as for rescuing them. It replaces the current Council decision of 2010, which was struck down by the European Court of Justice because the European Parliament was unlawfully excluded from co-decision-making."
and see: Regulation on the maritime surveillance by Frontex: lives in danger at the external borders of Europe (Frontexexit, link)
UNHCR: Mediterranean crossings rise in first months of 2014 many fleeing war and persecution (link):
"UNHCR estimates some 6,000 people have been rescued by the Italian Navy from over forty overcrowded boats in the Mediterranean off the shores of Sicily and Calabria in the past four days. They have disembarked in the ports of Augusta, Catania, Porto Empedocle, Messina and Pozzallo in Sicily and Roccella Jonica in Calabria.
Large numbers of women and children, including newborns and unaccompanied children, were amongst those rescued. They had set off from Zwara in Libya, and many were fleeing violence, conflict and persecution. Main countries of origin include Syria, Eritrea, Somalia, Nigeria, Gambia, Mali and Senegal."
AFRICA: Migreurop: 4th EU-Africa summit EU-Africa Migration policies: the deadly obliviousness of heads of state (link) and in French (link)
"On both shores of the Mediterranean, a securitarian view of migrations is shared. The externalisation of border management, the strengthening of surveillance systems through Frontex and Eurosur, as well as the instrumental use of public development aid to try to keep populations in their home countries, remain the key means for its implementation."
Background, official press release: Fourth EU-Africa Summit, 2-3 April 2014, Brussels: EU-Africa Declaration on migration and mobility (pdf)
EU: Claiming asylum after interception is "abuse" of procedure, claims joint police operation report
A formal report produced by the Lithuanian Council Presidency argues that migrants who submit applications for international protection after they have been "intercepted" (apprehended) by national authorities are abusing the asylum procedure.
A large-scale joint police operation, codenamed PERKUNAS , was organised by the Lithuanian Presidency and carried out in September 2013. It aimed at "identifying the link between illegal EU external border crossings and secondary movements of irregular migrants within the EU and the Schengen Area," and the final report said that:
"Considering that the largest proportion (72.94%) of irregular migrants submitted applications for international protection after interception, this could be assessed as a definite quantitative indication of abuse of asylum procedure."
EU-AFRICA: Fourth EU-Africa Summit, 2-3 April 2014, Brussels: EU-Africa Declaration on migration and mobility (pdf) and see: EU-African migration action plan (New Europe, link)
EU: FRONTEX: Work Programme for 2014 (pdf)
EU: Frontex: Code of Conduct for joint return operations coordinated by Frontex (pdf) and see: Annual Information on the Commitments of the Member States to the European Border Guard Teams (EBGT) and the Technical Equipment Pool (pdf):
"The EBGT consists of border guards from the national border authorities of the Member States.....At the end of 2013, the overall number of border guards in the EBGT stood at almost 2,500 and is still growing as Member States make their contributions. With this number of border guards in the EBGT, Frontex is in the comfortable position of having more officers available for possible deployment on operational activities.
Equipment for border control: - mobile laboratories, i.e. vehicles equipped with communications systems, computers, printers or other equipment for document checks; -.heart-beat detectors -.carbon dioxide (CO2) detectors - Hand-held surveillance equipment: night vision goggles (NVG); -.hand-held thermal cameras.- Dogs (95)"
STATEWATCH: New issue of Journal: Borders, deaths and resistance and Link for free download
"So detached has the official rhetoric about migrants' rights and saving lives become from the realities of the detention centres, the razor wire, the intensive surveillance, the military patrols, the forced expulsions and the 20,000 documented deaths, that people bearing the brunt of the economic crisis and austerity measures may be forgiven for thinking that over-generous migration policies are indeed the source of all their woe - a message that is rammed home by opportunist politicians and xenophobic media at every opportunity.
This new edition of the Statewatch Journal examines the latest European policy and practice vis-a-vis border control, immigration and asylum."
NETHERLANDS: SCHENGEN Border Controls: The Netherlands: European Commission: DG Home: Temporary reintroduction of border controls: At the occasion of the Nuclear Security Summit, the Netherlands temporarily reintroduces border controls at its internal borders during the period from 14 to 28 March 2014.
Safety measures for Nuclear Security Summit: The Nuclear Security Summit (NSS) will take place in the World Forum in The Hague on 24 and 25 March. To ensure that this conference proceeds safely and smoothly, a number of measures are being taken. One of these measures is a temporary reintroduction of controls at the Netherlands borders with other Schengen countries under articles 23 (1) and 24 of the Schengen Borders Code (Regulation (EC) No. 562/2006 of the European Parliament and of the Council). Nuclear Security Summit (link)
CoE: Parliamentary Assembly: Europe lags behind in its efforts to resettle refugees (link): "Europe is lagging behind in its efforts to resettle refugees with only 20 Council of Europe member states resettling only 5,500 people in 2013 and should do a great deal more, according to PACEs Migration Committee." And see report: Resettlement of refugees, towards greater solidarity (pdf)
Spain admits use of rubber bullets on migrants was wrong (BBC News, link) and see: Sea Swallows the Stories of Africans Drowned at Ceuta (IPS, link): "Who will speak for them now? Who will tell their stories to their families in Cameroon or Ivory Coast? asked Edmund Okeke, a Nigerian, about the 16 migrants who died while trying to swim to the shore of the Spanish city of Ceuta from Morocco. The victims were driven back with rubber bullets fired by the Spanish Guardia Civil (militarised police) from the beach of this Spanish enclave in north Africa, on Feb. 6."
Italy Closes Its Eyes to Sealed Mouths (IPS, link): "We walk inside an area that is 128 steps long and seven-and-a-half steps wide. This is the path they made for us: two metres of bars over our heads, and upon the bars, two metres of plexiglas. We are like canaries in a cage, like birds of different races all in one cage."
UNHCR: UKRAINE: International Protection Considerations related to developments in Ukraine (Press release, pdf): "In the current circumstances, UNHCR considers a designation of Ukraine as a "safe country of origin" not appropriate, and recommends States to remove Ukraine from "safe country of origin" lists."
NORWAY: Detention of Asylum Seekers (pdf): Analysis of Norways international obligations, domestic law and practice.(Norsk Organisasjon for Asylsøkere)
UK: Sun, sand...and indefinite detention (Open Democracy, link): "The UKs second largest immigration detention centre is about to open in Weymouth. Jennifer Allsopp reports on local responses to the imminent presence of hundreds of foreigners, locked up off the coast of this small and friendly town."
EU and Tunisia sign Mobility Partnership - Italy among the 10 Partnership member States (AnsaMed, link) and: EU and Tunisia establish their Mobility Partnership (Commission press release, pdf)
See also: Extension of Mobility Partnerships with Euro-Mediterranean Partners (link) by Marie Martin
EU: Justice and Home Affairs Council, 3-4 March 2014, Brussels: "B" Points Agenda (for discussion, pdf), "A" Points legislative (adopted without discussion, pdf) and "A" Points non-legislative (adopted without discussion). See: Background Note (pdf)
Documents: A highly inappropriate title: "An effective EU return policy": Presidency's food for thought paper for the lunch discussion (pdf) and Preparation for the accession of the UK to the SIS II (pdf) Detailed discussion of UK access in the light of its proposed JHA opt-out with Member States reactions.
EU: Council of the European Union: COSI, ITCs and Single Point of Contact (SPOC) for cross-border information exchange
- Future role of COSI (pdf) from the following delegations: AT, BG, CZ, ES, FI, FR, HU, HR (Croatia), IT, PL, RO, SE, SI, SK
- ITC: Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer [First reading] - Analysis of the final draft compromise text with a view to agreement
- Working Group on Information Exchange and Data Protection (DAPIX): Draft SPOC Guidelines for cross-border law enforcement information exchange (pdf) Single Point of Contact (SPOC) for cross-border information exchange.
EU: European Commission: Smart Borders, GAMM & Free movement
- Smart Borders: The scope of the study on the Smart Borders Package (pdf)
- GAMM: Report on the implementation of the Global Approach to Migration and Mobility 2012-2013 (pdf)
- Free movement: Addressing the consequences of disenfranchisement of Union citizens exercising their rights to free movement (pdf)
Belgium temporarily suspends Dublin transfers to Bulgaria (Asylum Information Database, link). See: UNHCR: Bulgaria As a Country of Asylum (pdf)
TURKEY: European Parliament: do not vote in favour of a EU/Turkey readmission agreement! (Migreurop, link): "On 26 February, the European Parliament will vote on the EU-Turkey agreement on the readmission of persons residing without authorisation. The Euro-Mediterranean Human Rights Network (EMHRN) and Migreurop call upon the European Parliament to vote against this agreement until the full respect of rights of migrants and refugees can be guaranteed at all stages of the readmission procedure." and French (link)
GREECE: Refugees describe dire conditions in migrant detention centres (EnetEnglish, link): "Granted political asylum in December, Farhad, detained for 14 months at the detention centre in Corinth, said detainees were packed scores to a room and often beaten by police. In protest at the appalling conditions, he and others sowed their mouths together and went on hunger strike
See also: GlobalPost documentary shows footage recorded inside Corinth camp
EU: ECRE (European Council on Refugees and Exiles), CEAR and Accem: Death and Summary Returns at Europes Doorstep: European Commission Must Investigate Border Practices in Ceuta and Melilla (pdf): "The EU cannot turn a blind eye to these allegations of serious human rights violations and has to do everything in its power to ensure the respect of fundamental rights at its external borders" See also: Death of at least 12 people (link)
EU: Migreurop: A Critical Chronology of European Migration Policies (link) and Chronology pdf (link)
"This chronology seeks to make it easier to understand European migration and asylum policies through a time-framed comparison of the evolution of the legal framework (columns A1 to A3), the public discourse (B1) and the facts (B2). The table is updated twice a year.
The aim is to picture the way in which the EU policy of closing the borders, apart from the sequence of tragedies that it causes, leads to human rights violations and to absurd situations that are sometimes impossible to manage by the very people who implement them, in an escalation whose effects sometimes appear to escape the grasp of its protagonists, and bargaining among states in which migrants, refugees and displaced people represent a form of exchange currency."
EU-SWITZERLAND: Switzerland gets first penalty for immigration vote (euractiv, link): "The European Union said yesterday (16 February) it had postponed negotiations with Switzerland on its participation in multibillion-dollar research and educational schemes, after Berne said it could not sign in its present form an agreement to extend the free movement of people to Croatia, the newest EU member." And see: EU suspends research talks with Switzerland (European Voice, link)
EU: SEASONAL WORKERS: Council of the European Union: Council adopts directive on third-country seasonal workers (Press release, pdf) and see: Full-text (pdf)
EU: SEARCH & RESCUE AT SEA: Council of the European Union: Final "compromise" proposal agreed between the Council and the European Parliament: Proposal for a Regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union - Approval of the final compromise text with a view to an agreement at first reading (pdf) See: Safety at sea p12, Interception p16 and Search and Rescue p21.
UPDATED: EU: FRONTEX REJECTS OMBUDSMAN RECOMMENDATION: European Ombudsman: Full Summary on Frontex Inquiry (pdf)
Short Summary of the Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex (pdf):
"Frontex has rejected a recommendation made by the European Ombudsman following an investigation of its compliance with human rights standards and, in particular, with the requirements of the EU's Charter of Fundamental Rights. The Ombudsman, Emily O'Reilly, is sending this special report to the European Parliament seeking its support on the matter....
The Ombudsman recommended to Frontex that it should set up a mechanism whereby it could deal directly with complaints from people claiming to have had their fundamental rights breached by Frontex. Regrettably, Frontex decided not to accept this recommendation....
The Ombudsman does not accept that Frontex does not carry responsibility for the actions of staff operating under the Frontex banner. That responsibility may sometimes be shared with the individual Member State, but it is not tenable that Frontex has no responsibility and that, thus, it should not deal with complaints arising from actions in which it is involved."
UK: Statement by Peace in Kurdistan Campaign, Roj Women, MAF-DAD & Campaign Against Criminalising Communities (CAMPACC): Outrage as Kurds held up for hours at Dover crossing (pdf): Kurdish families bound for Paris protest on anniversary of killings were stopped and searched under Schedule 7 of Terrorism Act 2000.
EU: Statewatch Analysis: Amending the EUs visa list legislation - February 2014 version (pdf) by Steve Peers, Professor of Law, University of Essex:
The EUs legislation defining the countries and territories whose nationals are (and are not) subject to a visa requirement to enter the EU is a crucial part of the EUs immigration policy, and has a further significant impact on the EUs external relations.
A new amendment to the visa list rules was adopted in December 2013, and the European Parliament and the Council have also agreed on two further amendments to the rules, which will be officially adopted early in 2014. This analysis examines all of these recent changes, and presents an informally codified version of the text of what the Regulation will look like after they all take effect.
EU: Council of the European Union: ITC, Search & Rescue & Researchers
- Intra-corporate transferees: Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer [First reading] (pdf) Nearly agreed "compromise" between the Council and the European Parliament. This contains Council's response to the sixth trilogue. Multi-column document.
- Sea surveillance: Search & Rescue: Proposal for a Regulation of the European Parliament and of the Council establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (74 pages, (pdf) Multi-column document showing proposal by Commission, the Council and European Parliament positions and draft "compromises"
- Researchers: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (172 pages, pdf) Council discussion on its position with over 300 Member State positions.
Spain: Case into Martine Samba's detention centre death to be reopened
On 14 January 2014, the Madrid provincial court ruled in favour of the appeals submitted by Ferrocarril Clandestino and her mother Clementine Samba [assisted by SOS Racismo Madrid], and the Asociación de Letrados por un Turno de Oficio Digno [ALTODO] to overturn the decision to shelve investigations into the death of Martine Samba. The Congolese woman was detained in Madrid's detention centre foreigners in the Aluche neighbourhood for 38 days, until she died in the 12 de Octubre hospital on 19 December 2011. The key focus of the case is whether inadequate medical care provided to Martine Samba in the detention centre [CIE, centro de internamiento para extranjeros] had a role in her death and may result in charges of manslaughter being brought against the centre's medical staff.
EU: Council of the European Union: Coreper confirms agreement on list of non-EU countries whose nationals are exempt from the visa requirement (Press release, pdf) and Regulation (EU) No 1289/2013 of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (pdf)
EU/Italy: A breath of fresh air, the "Lampedusa Charter"
On the weekend from 31 January to 2 February 2014, a process that began with the shipwrecks that cost 600 people their lives in early October 2013 was completed in an assembly to discuss the final details of a document produced from below, by civil society, migrant support associations and interested individuals from around Europe and beyond, including migrants themselves and citizens of Lampedusa, that calls for a radical overhaul of the EU's migration policies.
POLAND: The Invisible: Stateless persons in Poland, summary (link):
""Anna Strama and Anna Pilaszek authored this piece. This report concludes an 11-month long research project by the Halina Niec Legal Aid Center carried out within the framework of The Invisible Stateless Persons in Poland project funded by the Stefan Batory Foundation. The full report is available in Polish."
EU gives US six months to come clean on visa policy (euractiv, link):
"EXCLUSIVE / The European Commission has told the United States to lift visa requirements on Poland, Romania, Bulgaria, Cyprus and Croatia, whose citizens still need an entry permit to travel to the country.
A regulation which entered into force on 20 December requires EU countries to "react in common" on visa matters, especially in cases where foreign countries "subjects [EU] citizens to differing treatment."
See: Regulation of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (pdf)
EU: RETURNS DIRECTIVE: AT THE LIMEN: The implementation of the return directive in Italy, Cyprus and Spain (pdf)
"Over the last few years, the use of two different forms of immigration control has increased: there are more centres (detention centres, or reception centres) and there has been a proliferation of different forms of temporary legal status. In both cases, these new immigration management and control measures are both characterised by their seemingly temporary nature and by the fact that both present immigration as an entirely temporary phenomenon."
UK: Amendment to Immigration Bill allows Home Secretary to make people stateless (Free Movement, link) see: Bill's progress (link). And see: ILPA briefing to Government New Clause 18 Deprivation of citizenship: conduct seriously prejudicial to vital interests of the UK (link)
ITALY: ASGI clarifies the issues involved in repealing the criminal offence of illegal entry and residence
A recent development in Italy has been the response to the tragic shipwreck in Lampedusa in October 2013 that cost over 360 people their lives and other scandals concerning the treatment of migrants, which have resulted in parliamentary scrutiny of a proposal to abrogate [repeal] the criminal offence of illegal entry and residence, turning it into an administrative offence, approved by the Senate in its first reading vote on 21 January 2014.
GREECE: Migrants saved in Greek boat accident mourn relatives and dispute claims - Survivors say coastguards refused to help them as vessel sank and stamped on hands of those clinging to Greek boat (Guardian, link)
GREECE: 16 SURVIVORS FROM 28 PASSENGERS: Inquiry calls after migrants die under tow in Greece (BBC News, link) and see: UNHCR - Statement on boat incident off Greece coast (link):
"UNHCR is dismayed to have learned of a boat cap-sizing off the coast of Greece in the early hours of this morning, which has left a woman and a child dead and 10 other people missing, among them infants and children.
According to accounts from some of the 16 survivors and Greek Coast Guard, the vessel was carrying 26 Afghans and two Syrians. It was intercepted in the southern Aegean Sea shortly after midnight following a mechanical breakdown and while apparently en route from Turkey to Greece. The boat, with all 28 passengers still aboard, was being towed by a Coast Guard vessel when it capsized. The survivors, now on the island of Leros, told UNHCR they were being towed in the direction of Turkey at the time of the accident."
EU: Council of the European Union: Multi-column documents: Search & rescue and TCN visas
- Sea Surveillance: search and rescue: Proposal for a Regulation establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (17 January 2014, pdf) Multi-column document, part of the 1st reading trilogue process, with the Commission proposal, European Parliament position, Council position, "Compromise" text
- TCN visas: Draft Regulation amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (amendment to Annexes) (17 January 2014, pdf) Multi-column document, part of the 1st reading trilogue process, with the Commission proposal, European Parliament position, Council position, "Compromise" text
Spain/France: NGOs demand inquiries into immigration deaths in Barcelona and Marseilles
Two statements, one by the Catalan section of SOS Racismo and the other one jointly issued by French association Anafé alongside the international networks Migreurop and Boats 4 People, demanded official inquiries into the deaths of an Armenian man in the Catalan detention centre (Centro de Internamiento de Extranjeros, CIE) in Zona Franca on 3 December 2013 and of a young Guinean man who drowned on 10 January 2014 near to the port of Marseilles. The French authorities attempted to return him to his point of departure by putting him back on board of the ship that carried him and a fellow Guinean man to Marseilles from Dakar, after their request to lodge an asylum application was refused.
EU: New "concept" drafted for EU border missions abroad
The European Union's guidelines for "border management" missions abroad are being updated "in view of the increasing demand for CSDP [Common Security and Defence Policy] to tackle border management tasks" and in order to "integrate the know-how acquired since 2006, and to translate the principles of Integrated Border Management (IBM) into the strategic and operational processes for the planning and conduct of CSDP missions."
An evaluation report published in April 2013 that examined the EU's "support to Integrated Border Management and the fight against Organised Crime" across the globe found it: "[H]ighly influential in the comprehension and implementation of IBM principles in partner countries, although the levels of take up became less noticeable the further geographically from the EU the intervention was."
EU-LIBYA: Libya is boycotting an EU project relating to asylum, while the development of the police and the military continues apace (Andrej Hunko, link):
"The European Unions activities relating to the restructuring of the Libyan security apparatus must be halted without delay. This applies to training projects for the military and for the police, said Andrej Hunko, Member of the German Bundestag, in response to the Federal Governments answer to a Minor Interpellation about the EUROSUR border surveillance system."
Andrej Hunko went on: Italy is establishing facilities to monitor Libyas sea and land borders. These facilities are connected to Italian command and control centres. The aim is to prevent refugees from making the crossing to Europe. If they are detected while still in Libyan waters, the EU Member States can avoid having to deal with asylum applications. However, the protection of refugees is not guaranteed in Libya. There are reports of serious abuses by the police and militias."
and Answer to the Minor Interpellation entitled The launch of the EUROSUR border surveillance network (pdf)
See also: 340 Libyan military personnel coming to be trained in italy, and the press release also talks of training that is being carried out by italians in Libya, "to support the transition": Libia, 340 militari in Italia per addestramento (link)
CoE-GREECE: Investigation into alleged Greek coastguard abuse of migrants - Probe follows letter from Europe's top human rights watchdog (EnetEnglish, link): "Ministers tell Nils Muinieks, the Council of Europe's human rights commissioner, that investigations have been launched into claims that Greek coastguard officials ill-treated migrants last year " See also: Letter from Nils Muinieks, Commissioner for Human Rights to Greek Ministers (pdf):
UK: Detention centre castigated over death of elderly man - Terminally ill Canadian man, 84, was kept in handcuffs by staff at Harmondsworth removal centre until after his heart stopped (Guardian, link)
EU: Statewatch Analysis: 11 years of Eurodac (pdf) by Chris Jones:
"On 15 January 2003 Eurodac, the EU-wide database of asylum-seekers and irregular migrants fingerprints, came into use. Eleven years on, it holds the personal data of nearly 2.3 million individuals and has been transformed into a policing as well as migration database."
CoE: GREECE: COLLECTIVE EXPULSIONS: Letter from Nils Muinieks, Commissioner for Human Rights to Greek Ministers (pdf):
""I am worried by a number of reports that I have received from expert refugee organisations that provide consistent and substantiated information about a large number of collective expulsions from Greece to Turkey of irregular migrants, including a large number of Syrians who are fleeing the armed conflict in their country and are, at least prima facie, in need of international protection...
Collective expulsions of migrants are not only incompatible with international human rights and refugee law but also ineffective, since many of these migrants, including asylum seekers, face such a desperate situation in their country of origin that they usually re-enter after their first expulsion."
EU: EPIM report: Point of no return - The futile detention of unreturnable migrants (pdf)
""Unreturnable migrants cannot go back to their country of origin for reasons beyond their control. At the same time, they cannot obtain a residence permit in the country where they live. Without documents or status, they can be detained for a forced return that never becomes possible."
"With this report and the related campaign, we hope to increase momentum amongst policy-makers at national and EU levels to reduce detention and find solutions for unreturnable migrants. Besides informing decision-makers, this report is also intended to stimulate civil societies to give special attention to this group of migrants, who are often living under the radar."
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