Statewatch News Online: EU silent on the conclusion of a readmission clause with Iraq
28 March 2012
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EU
silent on the conclusion of a readmission clause with Iraq
The EU has been keen
on providing information about the recent developments towards
the conclusion of a readmission with Turkey. [1] Less has been
said, however, about the readmission clause included in the cooperation
agreement which the EU signed with Iraq and which already seems
to raise issues as forced returns to Baghdad have been prohibited
by the Iraqi parliament a month after the conclusion of the cooperation
agreement in May 2012.
Long lasting negotiations to help build "a new Iraq"
In November 2006, the Council asked the Commission to propose
a trade and cooperation draft agreement towards the establishment
of "an overall framework for the cooperation" between
the EU and Iraq. Negotiations initially aimed to enhance cooperation
with Iraq in the framework of EU's external relations as well
as stimulate "institutional and socio-economic reforms".
Ultimately, cooperation was to benefit Iraq's development and
improve EU-Iraq trade cooperation. [2]
In 2010, cooperation was given further impetus when the Commission
submitted a draft proposal for a Council Decision on the conclusion
of a Partnership and Cooperation Agreement between the EU and
Iraq. [3] About 75% of the articles proposed by the Commission
are related to economic and financial cooperation, including,
importantly, in the energy sector. The Commission's proposal
was concomitant on Iraq becoming a full partner of the EU-Arab
Mashreq Gas Market (EAMGM) as the project entered its second
phase. The EAMGM II, a 5 € billion European Neighbourhood
Policy Initiative funded project, aims especially to extend the
Arab Gas Pipeline, a pipeline network connected to the European
Union. According to a November 2010 study commissioned by the
EU on "Supplying the EU natural gas market":
"Iraq and Algeria are, by 2030, the most important countries
in this study for supplying gas to the EU" and "Gas
from both Iraq (Akkas field) and Egypt could potentially be available
for EU around 2020". [4]
Long lasting negotiations to help build "a new Iraq"
[5]
As the Arab Spring was spreading from Tunisia to Egypt, the finalisation
of the agreement was strongly supported by the European Parliament,
which gave its consent to the conclusion of the partnership on
26 January 2011 [6]: cooperation would support Iraq's stability,
development and democratisation process, as the country was still
in the midst of an institutional crisis.
According to the European Parliament's rapporteur on the cooperation
and partnership agreement with Iraq, MEP Mario Mauro:
"It is time for European Union institutions to contribute
to speed up the process towards a constitution corresponding
with the needs of the country's freedom and democracy".
[7]
The first agreement of this kind was finally signed on 11 May
2012 and presented by Catherine Ashton, EU's High representative
for Foreign Affairs and Security Policy, as "above all a
symbol of the EU's wish to be a positive partner for Iraq in
its democratic efforts".
The final version of the agreement was not made public [but see
footnote 9 with the full-text]. The only source of information
as to the content of cooperation was limited to a press release
from the Commission where Ashton broadly described the agreement:
"It will improve and clarify the trade arrangements between
Iraq and the EU, to promote vital investment and to help integrate
Iraq into the international economy. It also sets out a framework
for continuing cooperation in many areas, from health and education
to environment and energy. The agreement contains provisions
in areas such as combating terrorism, countering proliferation
of weapons of mass destruction, and promoting human rights".[8]
No mention was made of Article 105 on "Cooperation on migration
and asylum", either by the European Parliament's rapporteur
or by the Commission, even upon signature of the agreement.
Cooperation on migration and asylum
Article 105 was part of the Commission's proposal since 2010
and reaffirms "the importance of the joint management of
migration flows between their territories" although intentions
to address "illegal migration, smuggling of migrants and
trafficking in human beings, as well as the inclusion of the
migration concerns in the national strategies for economic and
social development of the areas from which migrants originate"
seem to refer more to efforts to be made by Iraq rather than
the EU.
Cooperation will particularly consist in addressing the so-called
"root causes of migration", tackle smuggling and trafficking
issues, and ensure return of irregularly staying nationals "in
a humane and dignified manner" (voluntary return should
be promoted).
The agreement also comprises promotion of voluntary return of
migrants present irregularly on each party's territory as well
as a readmission clause whereby Iraq and each Member State:
"shall readmit
any of its nationals who do not, or who no longer, fulfil the
conditions in force for entry to, presence in, or residence on
the territory of a Member State of the Union/Iraq, upon request
by the latter and without further formalities" [emphasis added].
This readmission clause is binding and irrespective of Iraq not
being a signatory of the 1951 Convention on the status of refugees.
Ultimately, cooperation is meant to help Iraq develop and implement
national laws compliant with international protection standards,
and lead to the signature of a readmission agreement applicable
to Iraqi nationals and nationals from other countries, or even
stateless persons.
"The parties agree to conclude … an agreement on
preventing and controlling illegal migration and regulating
the specific procedures and obligations for readmission, covering
also, if deemed appropriate by both Parties, the readmission
of nationals of other countries and stateless persons"
[emphasis added].[9]
How effective will readmission be?
Readmission by a country of its nationals is a tacit obligation
under customary law. In this sense, the agreement does not add
much to what the Iraqi government is, as any country, already
expected to do, except that an agreement makes such obligation
more formal.
Moreover, by including a readmission clause in a global trade
and cooperation agreement, the EU has adopted the "more
for more" approach developed in its 2011 Global Approach
to Migration and Mobility: the more a country cooperates, the
more the EU will "deliver". Conversely, any lack of
cooperation despite prior agreements to do so will impact on
the whole cooperation. [10]
Despite this agreement, a campaign by the International Federation
of Iraqi Refugees contributed to the Iraqi parliament deciding,
on 23 June 2012, the prohibition of all forced returns of rejected
asylum-seekers to Baghdad as security conditions did not permit
their return. [11]
The UK and other EU countries have been unable to successfully
remove rejected asylum-seekers for months. The parliament in
Iraqi Kurdistan had already voted for such a ban a few years
ago. The parliament also envisages taking measures to fine airlines
which they would deem complicit of forcibly removing Iraqi nationals,
and to reconsider the Memorandum of Understanding signed with
Sweden in view of enforcing removal orders of irregular Iraqis.
It remains to be seen how enforceable this will be as the EU
and its Member States may argue that such decisions are not valid,
as they contradict the agreement signed in May.
In 2011, Iraqis represented the second largest groups to be granted
international protection in Europe (8,955 people). [12]
10.7.12
Sources
[1] Council
of the European Union (2012) Proposal for a Council Decision
on the signing, on behalf of the European Union, of the Agreement
between the European Union and Republic of Turkey on the readmission
of persons residing without authorisation, 22 June 2011,
Doc. no: 11744/12
[2] European
Union External Action's website on partnership and cooperation
agreement with Iraq
[3] European Commission (2010) Proposal
for a Council Decision on the conclusion of a Partnership and
Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Iraq, of the other
part, 5 November 2010, COM(2010) 638 final
[4] Mott MacDonald (2010) Supplying
the EU Natural Gas Market - Final Report
[5] "The
EU must help build a 'new Iraq'", by Mario Mauro,
30 September 2011, Public Service Europe
[6] European Parliament (2011) Draft
Recommendation on the proposal for a Council decision on the
conclusion of a Partnership and Cooperation Agreement between
the European Union and its Member States, of the one part, and
the Republic of Iraq, of the other part, 26 January 2011,
2010/0310(NLE)
[7]Ibid at 4
[8] "EU
and Iraq: signature of historic Partnership and Cooperation Agreement",
11 May 2012, press release, IP/12/467
[9] European Union: Adopted 2012: Proposal
for a Council Decision on the conclusion of a Partnership and
Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Iraq, of the other
part, 6 September 2011, 5784/2/11
[10] European Commission (2011) The
Global Approach to Migration and Mobility
[11] "Iraq
refuses to accept deported nationals", 4 July 2012,
Iran Daily and International
Federation of Iraqi Refugees (IFIR)
[12] Eurostat (2012) Asylum
decisions in the EU27: EU Member States granted protection to
84 100 asylum seekers in 2011
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