28 March 2012
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Spain
Vic town council norms to stop sans papiers becoming residents
withdrawn
Following opposition from trade unions, migrant and anti-racist
groups and social organisations, and the intervention of the
central government, the town council of Vic (Catalunya) has withdrawn
a norm that amended the criteria for registration in the residents'
register (padrón) which excluded irregular migrants, as
it would not have allowed foreigners to register unless they
had a valid residence permit or could offer proof that procedures
for it to be issued or renewed were underway. The town council,
run by a three-party alliance (PSC, the Catalan branch of the
Socialist Party; CiU, Convergencia i Unió; and ERC, Esquerra
Republicana de Catalunya), unveiled the measure at the start
of the year, arguing that it sought to impose respect for the
law, and to impose "security, whereas irregular situations
can promote criminal activities", and to allow the town
to "digest" the large-scale arrival of migrants, claimed
the PSC and ERC spokesmen. Opponents of the measure highlighted
that the measure contravenes obligatory registration in the padrón
of people living in a town's territory that is required by the
1995 law on the functioning of local authorities (Ley de Bases
de Régimen Local). They claim that the measure will generate
further exclusion and illegality, as well as denying people their
rights, particularly insofar as registration is required for
people to exercise the right to education and health care, and
for councils to organise their services on the basis of accurate
data. It was dropped after weeks of opposition by groups that
described the measure as "racist" and "discriminatory",
and criticised it for using a register that is meant to help
local authorities organise social services for "social control"
purposes [see the press statements of SOS Racisme and of a coalition
of associations and trade unions]. There was also criticism from
the government, which instructed the state attorney's office
to examine the measure. Vic council finally accepted to withdraw
the norm as advised by the state attorney's office report.
Nonetheless, it was critical of the decision, arguing that it
will increase the flow of migrants and cause "more deaths
in dinghies", as well as running contrary to the "principle
of legality", and has called for a second, independent report
into the lawfulness of the measure. It is worth noting that the
measure mirrors initiatives adopted in Italy, where greater autonomy
for local councils in the field of security has resulted in several
northern towns modifying criteria for registration in the anagrafe
(residents' register) to encompass possession of a residence
permit and even a home having an adequate size, or the resident
having sufficient income to support their family (see Statewatch,
vol. 18 no. 2).
Sources
El País, 8, 21.1.2010.
La Vanguardia, 13, 15.1.2010.
Statements opposing the measure [from Mugak, translations by
Statewatch, below]:
SOS Racisme Catalunya, "SOS Racismo - Catalunya denuncia
los nuevos criterios de empadronamiento del Ayuntamiento de Vic",
4.1.2010.
http://www.sosracisme.org/accions/comunicat.php?doc=196&cat=0
(Catalan)
http://www.mugak.eu/noticias/403
(Spanish)
Vic: Comunicado manifiesto acordado a la reunión de entidades,
asociaciones y sindicatos del día 11 de enero de 2010.
http://mugak.eu/noticias/404
SOS RACISME CATALUNYA
STATEMENT, 4 January 2010
SOS Racismo - Catalunya criticises Vic town council's new criteria
for registration in the residents' register.
We add our criticism to that by other social agents and trade
unions, because it is a discriminatory measure that violates
fundamental rights.
SOS Racismo-Catalunya wishes to condemn the new measures that
were announced by Vic town council for the registration of foreigners
in the residents' register (padrón).
These new criteria are clearly xenophobic and violate these people's
fundamental rights, as they remove a part of the population from
enjoying the provision of basic services, and worsen the situation
of legal apartheid experienced by immigrants in an irregular
administrative situation in an alarming way. Registration in
the residents' register is a tool that local bodies have to be
able to plan and distribute their resources in accordance with
the population that is established, and hence it is a management
tool that should be used as such. It can never be turned into
a filter for receiving or rejecting people, nor into a control
mechanism.
However, through these measures, Vic town council turns registration
in the residents register into an attack against sans papiers.
Fear of being reported to the police will lead to immigrants
not registering, and the result will be that they will be even
more invisible, more discriminated, and their rights will be
violated.
Registration in the padrón is also previous step that
is required for new arrivals to be granted a right of reception,
according to the requirements envisaged by the Ley de acogida
(reception law) and the requirements to regularise their position.
The role of a town hall's council, and its responsibility, is
to oversee the equality and non-discrimination of its citizens,
preserve coexistence and know about its population in order to
set up and manage resources and local services. But, through
measures like these, Vic town council discriminates a part of
its population, it fosters inequality in rights and stregthens
the immigration-crime association. Furthermore, we believe that
it is very hypocritical to expect that they may normalise their
situation in only three months, when it is a process that, as
is well known, can last for years, and that laws are what impede
it, not the will of the affected people.
We also wish to stress that, regardless of how large or small
the percentage of the people who are affected may be -they spoke
of 2% of the people who have arrived recently-, it has the same
rights as the rest of them, and therefore the violation is just
as serious. Hence, we understand that the implementation of these
measures would be an unacceptable act of political irresponsibility.
Even so, the announcement of a measure of this sort while using
clearly xenophobic arguments hardly helps work towards coexistence
in Vic, and it worsens the consequences of this political initiative.
For these reasons, we call for it to be derogated; we call upon
the rest of political parties in the town hall, as well as social
bodies, to clearly reject any xenophobic policy that discriminates
a part of the population, and we hope that the relevant administrations
will adopt measures to unify the criteria for registration in
the padrón and avoid further violations of rights in
the future.
14 January 2010
VIC: MANIFESTO STATEMENT AGREED IN THE MEETING OF BODIES,
ASSOCIATIONS AND TRADE UNIONS ON 11 JANUARY 2010.
The signatory bodies, following the serious decision by the town
council of Vic concerning the criteria for registration in the
residents' register, which has caused serious displeasure among
the people who have recently arrived and the general population,
and which affects or may affect the different populations of
Osona and of Catalunya in the future
DECLARE THE FOLLOWING:
1.- We ask for the immediate withdrawal of the announced criteria
for registration, because they are illegal and seriously discriminatory,
and they contradict the National Pact for Immigration.
2.- Demand respect for the collective of people who have recently
arrived, and to stop criminalising people merely because of their
origin, social condition or administrative position.
3.- Announce our willingside to continue to work side by side
with the town council of Vic to propose and promote reception
policies and activities that are duly agreed, and may turn Vic
into an example of coexistence and cooperation between people
who have different cultures and origins. We ask for an immediate
meeting with the town council's government team.
4.- We demand not to bemarginalised when decisions that affect
us are made, considering that the first requirement for good
coexistence is constructive dialogue that respects the dignity
and rights of all people, with authentic participation by citizens.
5.- We demand of all the administrations to intensify their efforts
and backing for the benefit of the towns that have higher levels
of immigration and of policies promoting equal opportunities,
providing due economic funding and backing in terms of material
and human means in order to preserve, firstly, social peace and
good mutual understanding..
BODIES/ASSOCIATIONS: African
Muslem Cultural Association, Afufis (Senegal), Amigo-Amazigh,
Asociación Cultural Subsahariana y amigos de Osona, Asociación
de Ecuatorianos de Catalunya-Osona, Asociación de Ghana-Osona,
Asociación Social y Cultural de la India, Asociación
Tapiz, Cáritas, Casal Claret, Centre Islamic de Vic, Chamba
Youth Association, CITE-Comisiones Obreras (CCOO), Comité
Cívico Colombiano, Comunidad Musulmana de Vic, CSA La
Torratxa, Fedascat, Jameiat Essalam, Ohaneze Ndigbo in Catalunya,
Revista Mano, SOS Racismo-Catalunya, UGT de Catalunya, Veus Diversas.
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