Immigration and asylum in Europe

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 don’t 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 government’s 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 l’intérieur 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 EU’s ‘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 EU’s 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 Europe’s Quagmire: The situation of asylum seekers and refugees in Bulgaria (Bordermonitoring, pdf): “rapped in Europe’s Quagmire: The situation of asylum seekers and refugees in Bulgaria is Bordermonitoring’s 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’: Britain’s Migrant Rebellion (Ceasefire, link):

“This month, Britain’s 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 Britain’s 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. It’s 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 EU’s 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 PACE’s 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 Norway’s international obligations, domestic law and practice.(Norsk Organisasjon for Asylsøkere)

UK: Sun, sand…and indefinite detention (Open Democracy, link): “The UK’s 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 Europe’s 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 EU’s visa list legislation – February 2014 version (pdf) by Steve Peers, Professor of Law, University of Essex:

The EU’s 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 EU’s immigration policy, and has a further significant impact on the EU’s 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 Union’s 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 Government’s answer to a Minor Interpellation about the EUROSUR border surveillance system.”

Andrej Hunko went on: “Italy is establishing facilities to monitor Libya’s 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 Muižnieks, 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 Muižnieks, 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 Muižnieks, 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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EU: Immigration study reaches some surprising conclusions (ekathimerini, link):

“Future historians will likely look upon 2011 as the watershed year for the mass exodus of young Greeks abroad. The preliminary results of a study conducted by the European University Institute (EUI) … from the crisis-hit nations of Europe’s south and Ireland, has confirmed many suspicions and revealed unpleasant truths too.”

CYPRUS: Refugees say death is their only option now (Cyprus Mail, link):

“TWO Iranian-born citizens, who have been on a hunger strike for 46 days, informed Interior Minister Socratis Hasikos in an open letter that as of Tuesday they would stop taking liquids, unless they are granted citizenship so they can leave Cyprus.” and See: Open Letter to the Minister of Interior (KISA, link)

EU: TASK FORCE MEDITERRANEAN: Council of the European Union: Task Force Mediterranean (Press release, pdf) and Commission Proposal (pdf):

“The task force identified five main areas of action which will be pursued actively during the coming months:

– Actions in cooperation with third countries.
– Regional protection, resettlement and reinforced legal avenues to Europe.
– Fight against trafficking, smuggling and organised crime.
– Reinforced border surveillance contributing to enhancing maritime situational picture and to the protection of saving of lives of migrants in the Mediterranean.
– Assistance and solidarity with member states dealing with high migration pressure.”

WATCH THE MED launched (link): “Watch The Med is an online mapping platform to monitor the deaths and violations of migrants’ rights at the maritime borders of the EU”. See: WatchThe Med: a counter-surveillance network to stop deaths and violations of migrants’ rights at sea (pdf)

EU SEARCH & RESCUE:Council of the European Union: 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 Members States of the European Union (17333-13, 4-12-12, pdf) To be discussed at the meeting of JHA Counsellors on 9 December 2013. Latest draft of the Council negotiating position including changes to the text on interception at sea and search and rescue.

EU: SEARCH & RESCUE: Sea rescue ‘delays’ should be probed: A rapporteur of the Council of Europe’s Parliamentary Assembly has called for an investigation into alleged delays in a sea rescue operation when up to 200 migrants were feared dead. (Times of Malta, link)

European Court of Justice: Where a Member State may not transfer an asylum seeker to the State competent to examine his application because of a risk of infringement of his fundamental rights in the latter, the Member State is required to identify another Member State as responsible for the examination (Press release, pdf) and Full-text of judgment (pdf)

UNSAFE HARBOURS: Report on the readmissions to Greece from Italian ports and the violations of the migrants’ basic human rights. Full report in Italian

Over a hundred accounts collected from migrants, both adult and underage, detailing their experiences of summary readmission from Italy to Greece. Italy does not safeguard the basic human rights of the migrants, especially asylum seekers and unaccompanied minors.

Summary in English (pdf)

Migreurop press release: Launch, London, 2 December: Atlas of migration in Europe, a critical geography of migration policies

Since the mid-1980s, European countries continue to strengthen immigration controls at their borders, as well as in transit countries. As a result, migrants’ routes become more and more dangerous and the poorest population of the planet is assigned to “house arrest”.

In 2013, it wouldn’t be possible for an Atlas on European Union (EU) asylum and immigration policies to ignore the dramatic situations permanently ongoing at its borders. Every year, hundreds of exiles die, by drowning, by exhaustion, on overloaded boats and along militarized terrestrial borders.

French police evict 800 Roma people from camp in Paris (euronews, link)

EU: MILITARISING MIGRATION: EU members’ warships must not be deployed against refugees off the coast of Lampedusa! (pdf) Press release by Andrej Hunko, Member of the Left Party parliamentary group in the Bundestag and Member of the Parliamentary Assembly of the Council of Europe:

““Using the Navy and Air Force to combat migration would be an inconceivable militarisation of EU policy on refugees. The German government must take immediate steps to ensure that this proposal never becomes reality,…The EEAS also unequivocally states the true aim of the EU military operation: it would build pressure in negotiations with Morocco and Turkey on ‘readmission agreements’, which would allow unwanted migrants to be easily deported to these countries. According to the EEAS, the Turkish government could, if it participates, even stand to gain in terms of its EU accession negotiations.”

and see European External Action Service (EEAS): Migration Flows in the Southern Neighbourhood and their External Relations Perspective – Possible Avenues for Dialogue and Cooperation with Partner Countries, including Options for a CSDP Operation (pdf)

EU: GREEK-TURKISH BORDER: Greek special forces push back Syrian refugees, NGO says (euobserver, link):

“Armed special-op units in Greece are reportedly repelling asylum seekers and refugees in commando-like operations on its Turkish land border and out at sea. The allegations, gathered in around 90 anonymous testimonies of intercepted migrants along with two unnamed French journalists, are detailed in a report out Thursday (7 November) by the German-based Pro Asyl NGO.”

and Report by Pro Asyl: Pushed back (pdf)

Council of Europe: Commissioner for Human Rights: EU border control policies negatively affect human rights (link):

“”The EU externalisation of border control policies has a deleterious effect on human rights, in particular the right to leave a country, which is a prerequisite to the enjoyment of other rights – most importantly, the right to seek asylum”, said today Nils Muižnieks, Council of Europe Commissioner for Human Rights, while releasing a research paper on the right to leave a country.”

See: Issue Paper: The right to leave a country (pdf)

EU: Council of the European Union: Seasonal workers: Final “compromise” text: 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 seasonal employment [First reading] – Approval of compromise text (pdf):: Multi-column text, 122 pages (15033-13, 25-10-13)

EU; SEARCH & RESCUE: Joint declaration: To the Heads of State and Government ahead of the European Council summit on 24 and 25 October 2013 (pdf):

“In the wake of the shipwreck that saw more than 300 people drown off the shores of Lampedusa on 3 October, the Migreurop network, together with several organisations based in the north and the south of the Mediterranean, has questioned the responsibility of European states and their partners in the implementation of the EU’s migration policy (see the opinion column “ Murderous Europe” on 4 October 2013), and has also expressed its concern to the European Parliament on the role played by the European border agency, Frontex, during this incident (see the press release attached: “ Frontex : controlling or saving lives?” on 9 October 2013).

Ahead of the European Council summit, Migreurop calls on the heads of State and government to abandon security-oriented and repressive asylum and immigration policy.”

EU: SMART BORDERS: European Parliament study: The Commission’s legislative proposals on Smart Borders: their feasibility and costs (pdf):

“This study examines the technical feasibility and financial soundness of the Commission legislative proposals to establish a EU Entry/Exit System (EES) and EU Registered Traveller Programme (RTP) for the external borders of the Union. It puts the impact assessment documents accompanying the proposals in comparative perspectives with likeminded initiatives in third countries (USVIST), at the national level in the EU (UK border checks and e-Borders), and with past European initiatives (SIS II, VIS). It finds that it is not reasonable to consider that the measures envisaged in the smart borders package are technically feasible and financially sounds, and formulates recommendations to the LIBE Committee and the European Parliament in this regard.”

EU: MARITIME SURVEILLANCE: SEARCH & RESCUE: Statewatch Analysis: EU rules on maritime rescue: Member States quibble while migrants drown (pdf) by Steve Peers, Professor of Law, University of Essex:

“For many years now, the death toll of migrants who drown while attempting to reach the European Union in search of a better life has tragically been rising. Most recently, public opinion was particularly shocked when hundreds of migrants drowned when a single vessel sank off the coast of Italy. The Italian government has called for the EU to adopt an action plan to deal with the issue, and the Prime Minister of Malta, calling the Mediterranean a ‘graveyard’, has called on the EU to act.

Yet shockingly, these Member States, along with four others, are blocking an EU proposal on the table that contains concrete rules on the search and rescue of migrants – precisely and solely because it contains rules on search and rescue (along with disembarkation) of migrants. In fact, they describe their opposition to such rules as a ‘red line’, ie they refuse to negotiate on their opposition to any detailed EU rules which concern saving migrants’ lives.” [emphasis in original]

EU: Lampedusa: Survivors excluded from Italy memorial (BBC News, link): “Survivors of a shipwreck in which hundreds of African migrants died have protested in Italy after being excluded from a ceremony to honour the victims.”

UK: Campsfield House immigration removal centre: Fire breaks out (BBC News, link): “The Campsfield House immigration removal centre in Kidlington near Oxford has been damaged by fire, the Home Office has said. Two detainees have been taken to hospital as a result of the blaze.” and see: After the fire: Home Office crack down on Campsfield witness (Corporate Watch, link): “Corporate Watch received a call at 12.35 today from Stephanie Combes, fiancée of a Campsfield detainee Emidio Rios who we interviewed last night. Stephanie told us that Emidio had been assaulted by guards at Campsfield House when they found out that he was in contact with the media.”

FRANCE: Migration Debate: Deportation Scandal Grips France (Spiegel Online, link): “Controversy surrounding the deportation of a 15-year-old Roma girl and her family continues to undermine the government of French President François Hollande. The scandal is the latest flare-up in the country’s deeply divisive immigration debate. French Interior Minister Manuel Valls on Sunday defended his decision to deport a 15-year-old Roma girl and her family to Kosovo after they lost their bid for asylum. The deportation has prompted calls for the minister’s resignation by students and leftist groups.”

GREECE: Greek isle of Lesbos shows community spirit to migrants (France 24, link)

EU: MARITIME SURVEILLANCE: SEARCH & RESCUE: THE COUNCIL DIFFERING: Council of the European Union: 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 Members States of the European Union (pdf): “Certain delegations” support the Commission’s detailed search and rescue procedures in Articles 9-10 while “six delegations” (ie: Greek, Spanish, French, Italian, Cyprus and Maltese) say the EU has no “competence” and that “these elements should be deleted” and replaced by a, short, general obligation to international law.

Although the Council Presidency observes: “The Presidency considers that leaving such elements to be ruled in the operational plans adopted by Frontex could be seen as delegating to Frontex the powers to establish essential elements of legislation touching upon the fundamental rights of individuals which pursuant to the abovementioned ECJ judgement should be reserved to the EU legislature, the very reason for which the 2010 Decision has been annulled.” It nonetheless proposes that “The proposal of the six Member States could be used as a starting point” and by adding the “necessary substantial rules and criteria regarding search and rescue and disembarkation, which Frontex would need to observe when establishing the operational plan.”

And see: The European Parliament Draft Report accepts the Commission’s proposals for search and rescue: Draft European Parliament report: on the 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 Members States of the EU (pdf) European Parliament: LIBE Committee: Working Document no 1 (pdf) and Working Document no 2 (pdf)

GREECE: Two sought by police in Crete for attack on immigrant workers (Ekathinevini, link): “All five victims were taken to a medical center in the area and are being treated for their injuries. Police said the immigrants were living in Greece illegally and will be arrested.”

EU: MARITIME SURVEILLANCE & SEARCH AND RESCUE: Draft European Parliament report: on the 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 Members States of the EU (pdf) This draft Report from the LIBE Committee proposes small changes to Articles 6-9 except for deleting: :

“(e) ordering the ship to modify its course outside of or towards a destination other than the territorial sea or the contiguous zone, including escorting the vessel or steaming nearby until the ship is heading on such course” Justification: The UN Convention on the Law of the Sea provides for the freedom of navigation on the high seas. It is therefore not possible for a participating unit to order the ship to modify its course on the high seas.

And see Background on the issue of “Search and rescue”:

Council of the European Union: NOTE: From: Greek, Spanish, French, Italian, Cyprus and Maltese delegations: To: Working Party on Frontiers/Mixed Committee: 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 Members States of the European Union – Position on Articles 9 and 10 (pdf) and see also:

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 Members States of the European Union (pdf) With Member States’ positions

Articles, in the Commission proposal, covering interception at sea (Articles 6-8, pages 11-18) are set out in great detail in the second document above. Articles 9 (pages 19-22) set out the details for “Search and rescue”. The Note from the six Mediterranean countries seeks to replace the text of Article 9 as set out with a general four-line statement (first document above). It would appear that these six Member States are concerned with the burden the search and rescue clauses might place on them as no meaningful solidarity plan is in place for other Member States to share responsibility.

See also: SEARCH & RESCUE: Italy and Malta say ‘No’ to Frontex rules in sea rescue operations (euobserver, link):

EU: Mapping Europe’s war on immigration: Europe has built a fortress around itself to protect itself from ‘illegal’ immigration from the South, from peoples fleeing civil war, conflict and devastating poverty. The story is best understood through maps (Le Monde, link)

EU: Frontex cancels surveillance plane contract due to lack of interest from companies

The EU’s border agency Frontex has failed in its attempt to purchase a plane for “aerial border surveillance service for the EU external land borders” after “no suitable tenders” were submitted in response to an advert posted at the end of March. The agency sought to purchase an “aircraft equipped with multi-intelligence sensors, radio communication means, ground station and personal equipment, in order to perform aerial surveillance at the external EU land border between Greece and Turkey,” but a notice posted on the EU’s tendering website TED in August shows that the contracting procedure was cancelled following the submission of just one bid. It is unknown which firm made the bid.

EU: SEARCH & RESCUE: Italy and Malta say ‘No’ to Frontex rules in sea rescue operations (euobserver, link):

““All these countries are asking the other member states to help them and to take responsibility but at the same time they don’t want those member states to be responsible for the search and rescue through common guidelines drawn up by the commission,” Ann Singleton, co-chair of the trustees of the UK-based civil liberties group Statewatch…. the EU has ended up with “a hotch-potch of counter-productive control of immigration border policies”, which has resulted in tens of thousands of deaths over the last decade. .”

GERMANY: Anger and ultimatums over raids on migrants in Hamburg

Undocumented migrants in Hamburg have a number of long-standing campaigns and are supported by thousands of local citizens. But the authorities have now decided to undertake targeted raids against “people with an African appearance”, and migrants and their supporters have reacted angrily.

Self-organised undocumented migrants have organised a number of high-profile protests and demonstrations across Germany in recent months. In Hamburg, one group that has been very visible is made up of migrants who travelled from Libya to Lampedusa, and after receiving temporary Italian papers continued to Germany where they are now seeking dignified lives.

EU: Goals of Eurosur border scheme questioned (DW, link): “The European Parliament has approved Eurosur, which is supposed to prevent illegal immigration off Europe’s southern coasts and save refugees in maritime distress. But some doubt those two goals are compatible.”

EU: Malta warns EU waters ‘a cemetery’ after fresh tragedy (BBC News, link):

“Malta’s prime minister has said European waters close to Africa are turning into a cemetery, after another boat laden with migrants capsized….Joseph Muscat said Malta felt “abandoned” by the rest of Europe and urged the EU to take action. Malta and Italy launched a rescue operation after a boat capsized on Friday, killing at least 50 people. It happened 120km (70 miles) off Lampedusa, the Italian island where at least 300 migrants drowned last week.”

See also: Lampedusa toll at 311 as Italy divers finish boat search (BBC News, link), Fortress Europe: How the EU Turns Its Back on Refugees (Spiegel Online, link): “They come seeking refuge, but when asylum seekers cross into the European Union, they often find little compassion. In Greece, they are held in squalid detention camps, while in Italy they often end up on the street. Here is what they face at entry points across the EU.” and EU Plans Big Brother System in Mediterranean – In the wake of last week’s tragedy on Lampedusa, the EU is planning a system that uses drones and satellites to track refugees at sea. But it doesn’t offer ways to save people like those killed in the deadly incident (Spiegel Online, link)

EU: SEARCH & RESCUE AT SEA: WILL ALL EU MEMBER STATES TAKE RESPONSIBILITY?

Council of the European Union: NOTE: From: Greek, Spanish, French, Italian, Cyprus and Maltese delegations: To: Working Party on Frontiers/Mixed Committee: 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 Members States of the European Union – Position on Articles 9 and 10 (pdf) and see also:

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 Members States of the European Union (pdf) With Member States’ positions

Articles, in the Commission proposal, covering interception at sea (Articles 6-8, pages 11-18) are set out in great detail in the second document above. Articles 9 (pages 19-22) set out the details for “Search and rescue”. The Note from the six Mediterranean countries seeks to replace the text of Article 9 as set out with a general four-line statement (first document above). It would appear that these six Member States are concerned with the burden the search and rescue clauses might place on them as no meaningful solidarity plan is in place for other Member States to share responsibility.

EU: Member States reassert support for law enforcement access to proposed new Entry/Exit System

Immediate access for law enforcement authorities to one of two proposed EU border control databases is favoured by “a large majority” of EU Member States’ governments, according to minutes from a meeting of the Council of the EU’s Strategic Committee on Immigration, Frontiers and Asylum (SCIFA).This further confirms the determination of Member States to obtain access to the system, should it be developed, for their law enforcement authorities. Discussions on the Commission’s proposal in May saw twenty delegations declaring themselves “in favour of using the EES for law enforcement purposes.”

Lampedusa boat disaster: Death toll rises to 232 (BBC News, link):

“Italian divers have recovered dozens more bodies from a boat carrying African migrants that sank on Thursday. Thirty-eight bodies were freed from the hull, which divers had previously been unable to access. The official death toll now stands at 232. Divers “unpacked a wall of people”, a navy officer said, adding that corpses were “so entwined one with the other” they were difficult to pull out.”

And see: ECRE: Deaths at sea off the Italian coast: ECRE calls for safe channels for refugees to reach Europe (pdf)

CoE: Parliamentary Assembly: Lampedusa: call for investigation into allegations that boats failed to carry out rescue (link)

UK-FRANCE: French police try to move Syrian refugees seeking asylum in UK – About 60 Syrians refuse to move from walkway of Calais port building until they are able to speak to British officials (Guardian, link). See: Press release: Calais: Syrian refugees stage blockade of ferry terminal (pdf)

ITALY: Italy boat sinking: Dozens of migrants die off Lampedusa (BBC News, link): “At least 82 people have died after a boat carrying African migrants sank off the southern Italian island of Lampedusa, the island’s mayor says. More than 140 have been rescued but hundreds are missing, officials say.”

EU: ‘Virtual borders’ scheme to track every non-EU citizen (euobserver, link) See: Council of the European Union: Proposal for a Regulation establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union (pdf) with Member State positions.

GREECE: FRONTEX activities on Mytilene, Greece: Attempt to take over “open” PIPKA migrant centre, “closed” detention centre set up – FRONTEX claim that families were not expelled from their rooms refuted

Earlier this month the EU’s border agency FRONTEX was accused by migrant support groups on the Greek island of Mytilene of expelling migrant families from rooms that they were occupying, in order to set up their own offices at the PIPKA “open” migrant centre. FRONTEX subsequently disputed these claims, saying that the events described never took place. Now groups on the island have issued a statement disputing FRONTEX’s statement and describing in detail their version of events.

ITALY: Migrants killed on Sicilian tourist beach (euronews, link), includes horrific picture:

“The bodies of 13 migrants were washed ashore after the crew of their overloaded boat forced some of its 200 passengers to disembark in the surf….Some 60 migrants attempted to escape from the scene on foot, but in his panic one was hit by a passing car which did not stop, and is now in hospital in a serious condition.”

GREECE: Court: Greece’s treatment of asylum seeker breached human rights law (pdf)

EU: Council of the European Union: Freezing of assets: Trilogue text: Proposal for a Directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union: Text submitted by the Presidency on behalf of the Council in view of the Fourth Trilogue on 2 October 2013 (pdf) and: Commission proposal (pdf)

EU: European Commission: Communication: Maximising the Development Impact of Migration: The EU contribution for the UN High-level Dialogue and next steps towards broadening the development-migration nexus (COM 292-13, pdf) and UK government Explanatory Memorandum (pdf)

Netherlands: Two rejected asylum-seekers deported by charter flight

On Thursday 1 August the Dutch secretary for Justice Fred Teeven ordered the deportation by special charter flight of two people who had their applications for asylum rejected. The two had been imprisoned in the Rotterdam prison for irregular migrants and had been – together with many other refugees – on hunger strike for a long period.

EU: Law enforcement authorities to gain access to European visa database on 1 September

The EU’s policing agency Europol and law enforcement authorities of states that are part of the Schengen area of free movement look set to be able to access information held in the EU’s Visa Information System (VIS) from 1 September onwards, potentially giving them access to vast amounts of personal information and biometric data.

EU: EUROSUR REGULATION: Full text as agreed between the Council of the European Union and the European Parliament: Draft Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (11367-13, 25-6-13, pdf)

and see: Draft Regulation establishing the European Border Surveillance System (EUROSUR) [First Reading] – Approval of the final compromise text with a view to an agreement at first reading (10309-13, 31-5-13, pdf) includes:

“agreed that the Presidency would take into account a suggestion supported by certain delegations to delete the reference to the lives of migrants in Article 3(fb) and Article 9(3)(a) but the Presidency underlined that the European Parliament was likely to strongly resist such a change.” [emphasis added)

and: Outcome of proceedings of the Mixed Committee at the level of Senior Officials on 13 June 2013 (11576-13, 25-6-13, pdf):

“The CLS [Council Legal Service] explained that the Council declaration on EUROSUR cannot be understood as precluding any EU rules in the field of search and rescue at sea, in particular after the judgment of the Court of Justice on 5 September 2012, European Parliament v Council (C-355/10).

DE [Germany] indicated that it intends to abstain and ES [Spain] and EL [Greece] indicated that they intend to vote against.” [emphasis added)

EU: EXIT-ENTRY SYSTEM: Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union (11143-13, pdf) Council working party discussions developing its negotiations – more powers for law enforcement agencies. Contains Member State positions.

EU: Council of the European Union: Joint declaration establishing a Mobility Partnership between the Kingdom of Morocco and the European Union and its Member States (6139-13, pdf) The participating Member States of the EU are Belgium, France, Germany, Italy, Netherlands, Portugal, Spain anf the UK. Includes “To continue cooperation on readmission to the mutual benefit of both parties” and: “To enhance information exchange, administrative capacity and operational and technical cooperation with regard to border management, the detection and dismantling of networks involved in trafficking migrants and cross-border organised crime, and combating illegal immigration” together with “to enhance procedures for the security and issue of travel documents in compliance with International Civil Aviation Organization (ICAO) standards; of identity documents and residence permits; and of other official documents issued by the Moroccan authorities..” the latter provision affects not just migrants but Moroccan citizens too.

EU: EURODAC: Council of the European Union: Common European Asylum System: Council adopts the Eurodac regulation (Press release, pdf) and Full-text of Eurodac Regulation as adopted (pdf)

PARIS: Press conference on the ‘left to die boat’ case (link)

GREECE-EU: Council of the European Union: Greece’s National Action Plan on Asylum Reform and Migration Management: Information by Greece (pdf) The plans include “Pre-removal centres” run by the police:

“Five (5) pre-removal centres are operating in Amygdaleza, Corinth, Paranesti, Xanthi and Komotini, with total capacity of 5000 places. The establishment of four (4) additional preremoval facilities at Lesvos, Western Macedonia, Ritsona and Karoti- Evros, will increase the total capacity to 10.000 places by the end of 2014.” and for border controls the:

“extension of the existing integrated border surveillance system, in progress in the area of Evros (i.e. thermal cameras), focuses on the improvement of border management, the reduction of the deployed human resources (i.e. police officers) and, consequently, the limitation of the respective costs. The project of the Orestiada P.D., covering 35km of the river border, will be completed by the end of 2013, whereas the study for the project of the Alexadroupolis P.D. (i.e. 90 km borderline surveillance), is expected to be ready by the end of June.

The establishment of five (5) Regional Operational Centres at the Eastern Aegean Islands (Lesvos, Chios, Samos, Kos and Rhodes) will be completed by the end of July.”

EU: Handbook on European law relating to asylum, borders and immigration (link) by the Fundamental Rights Agency and European Court of Human Rights

EU: Council of the European Union: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] – Analysis of final compromise text with a view to agreement (146 pages, 7695-13, pdf). Final compromise text between the Council and the European Parliament, after 8 trilogue meetings.

EU: Council of the European Union: Eurosur, Asylum Procedures and Visa Reciprocity

– Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (86 pages, 7143-13, pdf) Multi-column document for the trilogue between the Council and the European Parliament

– Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] – Preparation of the eight informal trilogue (7434-13, pdf) Sets out the main points for a possible EP/Council compromise

– Draft Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries those nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (7524-13, pdf) Sets out the main points for a possible EP/Council compromise

EU: LAW ENFORCEMENT AGENCIES ACCESS TO EURODAC: Council of the European Union: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) – Preparation for the fourth informal trilogue (246 pages, 7476-12, dated 15 March 2013, pdf): This sets of the main points of a possible European Parliament/Council deal in the so-called fourth “informal” trilogue discussion and the Council’s version on acceptable “compromises”. And see earlier version: 7022-13 (249 pages, 12 March 2013, pdf) Multi-column documents

FRONTEX: Statewatch Analysis: “Trust in Frontex”: The 2013 work programme (pdf) by Marie Martin.

This analysis examines the main points of the EU’s border management agency Frontex’s 2013 work programme and the first work programme of the Consultative Forum on Fundamental Rights (hereafter “the Consultative Forum”).

See also: Frontex Consultative Forum, Work Programme 2013, January 2013

EU: Council of the European Union: Legal Migration – Proposal for a Directive of the European Parliament and the Council on conditions of entry and residence of third country-nationals in the framework of an intra-corporate transfer – Proposal for a Directive of the European Parliament and the Council on conditions of entry and residence of third country-nationals for the purpose of seasonal employment
= State of play (pdf) and Common European Asylum System – State of play (pdf)

EU: SHOCKING VIDEO: When border controls kill

Following the release on 11 March 2013 of a shocking video on the Spanish radio station Cadena Ser’s website that shows a patrol boat striking and sinking a dinghy that carried 25 migrants on 13 December 2012 while it was pursuing it.

The Spanish and international organisations Andalucía Acoge, Asociación Pro-Derechos Humanos de Andalucía (APDHA), Boats4People, Asociación Elin and the Federación estatal de SOS Racismo issued a press statement in which they noted that the video belies previous official versions of the incident and the interior ministry is “responsible for the death and disappearance of eight people in the waters off the Canary Islands’ coast”: Press statement: Concerning the video that belies the official version about a dinghy that was run over by the “Río Cabaleiro” patrol boat (English translation)

EU: FRONTEX: Work Programme for 2013 (pdf)

Statewatch analysis: The rise of xenophobia and the migration crisis in Greece: The Council of Europe’s wake-up call: “Europe cannot afford to look away” (pdf)

On 23 January, the Committee on Migration, Refugees and Population of the Council of Europe’s Parliamentary Assembly issued a draft Resolution and report calling on the EU and its Member States to take concrete solidarity measures in the field of migration and asylum (e.g. reception capacity, resettlement programmes in other Member States). The situation in Greece is seen as a “test case for European solidarity.”

Because of “mounting tensions in the east Mediterranean” and Greece’s failure “to respect the human rights and dignity of migrants, asylum seekers and refugees,” the Committee warned about the rise of racist violence and far-right parties. It also argued that the EU’s actions could contribute to the situation in the country. Rapporteur Tineke Strink stressed that the situation was very serious and that “Europe cannot afford to look away.”

Italy: ASGI’s pre-election proposals to reform immigration laws

In January 2013, looking ahead to the Italian general elections that were held on 24-25 February 2013, the Associazione di Studi Giuridici sull’Immigrazione (ASGI) presented a ten-point document. It proposed reform to Italian legislation concerning immigration, foreigners, asylum and citizenship, to take place during the 2013-2018 legislature.

EU: Council of the European Union: High Level Working Group on Asylum and Migration (HLWG): Sumary of discussions (5663-13, pdf) Includes useful summary pages: 5-24 of EU Global Approach to Migration and Mobility (GAMM)

Statewatch analysis: The Global Approach to Migration and Mobility: the state of play (pdf)

GAMM has been promoted by the Commission as an “overarching framework of the EU external migration policy” but many member states remain sceptical of the value of dealing with migration issues at EU level. The approach has been much criticised for allowing member states to use migrants as disposable workers and for further restricting access to the EU.

EU: DUBLIN II: ECRE, together with Forum Réfugiés-Cosi, the Hungarian Helsinki Committee and their national partners are publishing a comparative study on how the Dublin II Regulation is applied: Lives on Hold (link, pdf) that shows that the Dublin system continues to fail both refugees and Member States. The research deals with the practice surrounding the Dublin II Regulation with respect to fundamental rights in 11 states: Austria, Bulgaria, France, Germany, Greece, Hungary, Italy, Slovakia, Spain, Switzerland and the Netherlands

EU: Council of the European Union: Visa lists and Intra-Corporate Transferees

– Draft Regulation of the European Parliament and of the Council 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 (Doc no: 5603-13, pdf): Related to trilogue meetings with the European Parliament: “The Annex contains a revised text for the reciprocity mechanism, based on replacing the reference to delegated acts in the previous text by a system with some degree of automaticity and including the use of implementing acts of the Council.”

– 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 (110 pages, 5573-13, pdf): Multi-column document showing: Commission proposal, the European Parliament’s “Orientation vote”, the Council position and Comments by the Council.

EU Council of the European Union: Eurosur, Eurodac and Intra-corporare transferees

Multi-column documents produced during 1st reading trilogue discussions with the European Parliament giving the original proposal, the position of the European Parliament and “compromise” suggestions:

– LEAs acess to Eurodac: Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 stablishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (223 pages, 5515-13, pdf) For the first time the European Parliament’s position is public

– EUROSUR: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (77 pages, pdf)

– ICT: 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 (109 pages,5106-13, pdf)

EU Council of the European Union: Informal Justice and Home Affairs (JHA) Council in Dublin on 17-18 January 2013: Agenda (pdf) Background Papers: Migration and Mobility for Growth (pdf) and Greek National Action Plan on Asylum and Migration Management (pdf)

Article: Extension of Mobility Partnerships with Euro-Mediterranean Partners (pdf) by Marie Martin. See also: 2012 Yearbook on Mediterranean policies (link)

EU: VISA LIBERALISATION: Meijers Committee letter to Commissioner: Cecilia Malmström, Commissioner for Home Affairs: Regarding Letter Meijers Committee on the implications of the recent judgment of the ECHR Stamose v Bulgaria for visa liberation negotiations (pdf)

EU: Council of the European Union: Migration “pressures”: Implementation of the Common Framework for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems including through mixed migration flows – Follow up/update (15955-rev-1-12, pdf) and Previous draft (15955-12, pdf)

EU: Council of the European Union: Eurodac, Seasonal workers, EUROSUR, Security Industry, Prum & Turkey and visas

– EURODAC: Note providing additional evidence for the necessity of law enforcement access to EURODAC on the basis of contributions by the German, the Netherlands and the Austrian delegations (pdf) See also: European Parliament’s Civil Liberties Committee adopts proposal giving law enforcement authorities and Europol access to Eurodac

– SEASONAL WORKERS: 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 seasonal employments (16655-12, pdf) and 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 seasonal employment [First reading] – Mandate for negotiations with the European Parliament (17100-12, pdf)

– Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (16508-12, pdf) Council position to “negotiate” with the European Parliament

– TURKEY-VISAS: RELATIONS WITH TURKEY: Broader dialogue and cooperation framework on Justice and Home Affairs – Roadmap towards a visa-free regime (28 pages, 16929-12, pdf) Remarkably long list of obligations

EU: Counci of the European Union: Asylum procedures, Schengen evaluation, Internal border controls & EU law

– Asylum procedures: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] (17678-12, pdf)

– Asylum procedures: follow-up: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] – Preparation of the seventh informal trilogue (17698-12, pdf)

– Internal borders: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances – Revised draft compromise text (6161-rev-6-12, pdf) Council “compromise” during “informal” trilogues” with the European Parliament and see also 6161-rev-5-12 (pdf)

Archives:

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– 2003/4

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EU: Statewatch Analysis: EU Immigration and Asylum Law in 2012: The Year of Living Ineffectually (pdf) by Professor Steve Peers, University of Essex:

“Several years ago, the EU set itself the deadline of 2010 – later postponed to 2012 – for completing the second phase of the Common European Asylum System. In the event, it has largely failed to meet this deadline. Moreover, almost no other EU immigration legislation was formally adopted in 2012.”

Council of Europe: Human Rights Commissioner: Restrictions on defenders of migrants’ rights should stop (pdf)

EU: RISE OF THE FAR-RIGHT: Spanish far right grows amid memories of Franco era (BBC News, link):

“European parties of the far right are growing in the financial crisis. In Greece it is the Golden Dawn, in Finland it is the True Finns and in Hungary it is Jobbik. Espana 2000 is Spain’s answer to the Front Nationale and is seeing its membership grow by about 40 new members a week. Newsnight’s Economics Editor Paul Mason travels to Valencia in Spain and finds wounds of the Franco era are in danger of re-opening.”

FRANCE: Parliament abolishes the “solidarity offence” but maintains custody for undocumented migrants

On 19 December , the French Parliament abolished a legal provision that sanctions people who provide support to irregular migrants, through the adoption of a proposal on “holding migrants for the verification of the regularity of stay, and amending the offence for support to irregular stay by excluding humanitarian and non-profit based acts” (projet de loi relatif à la retenue pour vérification du droit au séjour et modifiant le délit d’aide au séjour irrégulier pour en exclure les actions humanitaires et désintéressées).

EU: Detention centres: The fifth edition of Migreurop’s “Encampment Map” has been updated and is now available online: English French Spanish Italian

UK: Institute of Race Relations: Miliband’s progress

“A. Sivanandan, known for his trenchant critiques of government ‘race’ policies, has broadly welcomed what Ed Miliband had to say last week. IRR News asks him why. What’s new about the Miliband speech? It seems to carry many of the same old themes – need to curtail immigration, need to integrate and so on”

EU Council of the European Union: SCHENGEN BORDERS REINTRODUCTION: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances – Revised draft compromise text (pdf)

Revised draft “compromise” text compiled by the Council, taking into account the outcome of the “informal” trilogues (with the European Parliament) which took place in October and November.

EU: Statewatch Analysis: The Common European Asylum System: State-of-play update (pdf) by Steve Peers, Professor of Law, Law School, University of Essex:

“It is too soon to say whether the amendment to the asylum procedures directive will be only a marginal improvement on the existing legislation, or a more substantial shift towards higher standards. However, the two recent developments mentioned above are both very unfortunate – the Member States failed (until now, at least) to agree to establish special procedural protection for those asylum-seekers who are in most need, and the EP foolishly passed up the Council’s offer to set a final time limit for all asylum decisions. Instead it suggested a possible indefinite wait for a decision – even as the Council was willing to accept the principle (rightly defended by the EP) of an absolute time limit! One can only hope that the EP’s negotiating skills improve sufficiently to ensure that the second-phase Directive entails a solid improvement in this field, in order to guarantee that asylum applications are examined fairly across the European Union.”

Lampedusa’s cemetery (link) Statement by mayor of Lampedusa, here is an abstract:

“I’m outraged by the normalcy that seemed to have spread to everyone like contagion. I am scandalised by the silence of Europe that has just received the Nobel Peace Prize and yet is staying silent in the face of a massacre that has the numbers of a true war. I’m becoming more convinced that European policy on immigration considers this offering of human lives to be a way to restrict the flows of people, or maybe a deterrent”

EU: Statewatch Analysis: The Common European Asylum System: State-of-play (pdf) by Steve Peers, Professor of Law, Law School, University of Essex

EU: STOCKHOLM PROGRAMME MID-TERM REVIEW: Council of the European Union: Stockholm Programme mid-term review (15921-12, pdf)

EU: Council of the European Union: DUBLIN III: Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person [First reading] (15957-12, pdf)

EU: Council of the European Union: Visa lists & Asylum Procedures

– VISA LISTS possible deal: Draft Regulation of the European Parliament and of the Council 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 requirementxx (15910-12, pdf)

– ASYLUM PROCEDURES: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] (15869-12, 305 pages, pdf) Multi-column document: Commission proposal, EP position, Council position, possible “compromises”

EU: Council of the European Union: 29 Measures: COSI, “illegal” immigration & Pre-frontier intelligence “picture” & Joint patrolling

– “ILLEGAL” IMMIGRATION: COSI: 29 measures for reinforcing the protection of the external borders and combating illegal immigration. Progress report on the achievements of the project groups (15905-12, pdf) Includes: Measure 4 (“joint patrols”, led by ES), Measure 6 (“information exchange” led by BE), Measure 12 (“common pre-frontier intelligence picture (CPIP)” led by PL), Measure 16 (“sharing info modus operandi networks, FADO”, led by ES),

Background on Measure 6: Final report and recommendations of Project Group “Measure 6” (7942-rev2-11, pdf): Detailed information

– INTELLIGENCE PICTURE: Follow up to the final report on Measure 12 (15908-12, pdf): ““to create a Common prefrontier intelligence picture in order to provide the Coordination Centres with pre-frontier information provided by Member States, Frontex and third countries.”

– JOINT PATROLLING: State of play of COSI project group implementing one of the “29 measures for reinforcing the protection of the external borders and combating illegal immigration”: “Measure 4”. FINAL REPORT (pdf): “The objective of this Project Group “Measure 4” is: “To improve operational cooperation with third countries of origin and transit, in order to improve joint patrolling on land and at sea, upon consent of the Member State concerned, return, and collection and exchange of relevant information within the applicable legal framework, and other effective preventive measures in the field of border management and illegal immigration.”

EU: UNICEF: Judicial Implementation of Article 3 of the Convention on the Rights of the Child in Europe: The case of migrant children including unaccompanied children (pdf)

EU: Council of the European Union: EUROSUR: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (14636-12, pdf)

Council discussing its position prior to entering 1st reading trilogues with the European Parliament

Council of Europe anti-torture Committee examines treatment of foreign nationals during deportation flight from United Kingdom (link) and see: CPT Guidelines on deportation of foreign nationals by air

The monitoring took place in the context of an ad hoc visit to the United Kingdom from 22 to 24 October and involved the presence of the CPT’s delegation on a charter flight between London and Colombo (Sri Lanka).

EU: GREECE-ASYLUM: Council of the European Union: Greece’s National Action Plan on Asylum Reform and Migration Management = Information by Greece, the Commission, Frontex and EASO (15358-12, pdf)

Detailed report on Greece’s asylum and migration policies – including detention and returns – and their shortcoming according to the Commission.

Dublin II: European Court of Human Rights condemned Hungary twice for detaining asylum-seekers in breach of Article 5(1) of the European Convention of Human Rights (Al-Tayyar Abdelhakim v. Hungary (no. 13058/11) and Hendrin Ali Said and Aras Ali Said (no. 13457/11)) See also Hungary still not safe for Dublin II migrants: Note on Dublin transfers to Hungary of people who have transited through Serbia (UNHCR, link) The UNHCR reiterated its recommendation for Dublin II asylum-seekers not to be removed to Hungary six months after a first report warning against arbitrary detention and unfair treatment of asylum-seekers in Hungary. And see: Statewatch Analysis: Was Hungary the first EU country of arrival? Legal responsibility before human rights: a short story on Dublin (pdf)”

Dublin II: European Court of Human Rights condemned Hungary twice for detaining asylum-seekers in breach of Article 5(1) of the European Convention of Human Rights (Al-Tayyar Abdelhakim v. Hungary (no. 13058/11) and Hendrin Ali Said and Aras Ali Said (no. 13457/11))

See also Hungary still not safe for Dublin II migrants: Note on Dublin transfers to Hungary of people who have transited through Serbia (UNHCR, link) The UNHCR reiterated its recommendation for Dublin II asylum-seekers not to be removed to Hungary six months after a first report warning against arbitrary detention and unfair treatment of asylum-seekers in Hungary.

And Statewatch analysis August 2012: Was Hungary the first EU country of arrival? Legal responsibility before human rights: a short story on Dublin (pdf)

EU: Council of the European Union: EURODAC & Seasonal Workers

– LEA ACCESS TO EURODAC: Amended proposal for a Regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (EU doc no: 14847-12, 115 pages, pdf)

Including Member State positions: “On 10 October 2012 the Permanent Representatives Committee endorsed the text which appears in the Annex , as a mandate for the Presidency to engage in a first informal trilogue on the recast of the aformentioned Regulation.The remaining comments of delegations on certain provisions of this draft Regulation are reflected in the footnotes.”

– SEASONAL WORKERS: 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 seasonal employment (EU doc no: 14621-12, pdf)

– As above: Council position (pdf): 134 Member State reservations

GERMANY: Mass protests across Germany for the rights of asylum-seekers and migrants (pdf):

Two protests were organised in Berlin on 13 and 15 October 2012 against the German authorities policies on asylum-seekers and migrants. Thousands of people were present, showing the size of the refugee and migrant community and its capacity to protest and advocate for their rights together with German civil society organisations and individual activists. However, most of the demands are not specific to Germany and seem to reflect broader discontent with EU policies, whether it has to do with the reception conditions or deportations.

EU: EveryOne Group, Eritrean Youth Solidarity for Change (EYSC) and NGO Gandhi: An Appeal to Activate Efficient Programmes for Rescuing Refugees at Sea (link) and Commission reply (link)

UN: ITALY: Italy: UN Special Rapporteur on the human rights of migrants concludes his third country visit in his regional study on the human rights of migrants at the borders of the European Union: Italy (pdf):

“In relation to the Greek border, Italian authorities confirmed that they are preventing irregular migrants from disembarking from vessels arriving from Greece, thus forcing them to return to Greece… the application of a maximum period of detention of 18 months, although provided for under the EU Return Directive, is excessive in order to identify someone…I am also concerned that there is no general authority with investigative powers to monitor the activities of all places where migrants are held.”

EU: Council of the European Union: ECJ FRONTEX ANNULLMENT and EURODAC: LEAs access to database

– ECJ-FRONTEX-Legal Service: Judgment of the Court of Justice of 5 September 2012 in Case C-355/10 (European Parliament v. Council of the European Union) – notion of essential and non-essential elements (pdf):

“By judgment of 5 September 2012, the Court (Grand Chamber) annulled Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external 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 (“the contested Decision”) on the grounds that it contains essential elements and that only the European Union legislature would have been entitled to adopt such a decision.”

– EURODAC-LEA-ACCESS: Amended proposal for a Regulation of the European Parliament and of the Council on the establishment of EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (Doc no: 14519-12,109 pages, pdf). Council position ready to go to COREPER prior to starting trilogue with the European Parliament.

– EURODAC-LEA ACCESS: As above: joint letter from the German, Finnish and Austrian delegations to the Chair of the Asylum Working Party. (pdf). Concerns prior access to PRUM data before using EURODAC (access to finger-prints). The documents explains the background to the revision of recital 26 re the requirement of the use of the Prum system prior to police access to Eurodac. The consequence of this wording is that the UK police could not have access to Eurodac unless the UK opted back in to the Prum Decision after the planned block opt-out, also Swiss police could not have such access either (on the other hand, the EU has a treaty with Norway and Iceland on Prum)

EU: Council of the European Union: VIS, International protection, Dublin III comitology & Migratory Pressures

– VIS – state of play (Doc no: 14505-12, pdf). Visa Information System, VIS) Friends of VIS fail to agree on extension to cover all “remaining regions and third countries, including China, India and Russia.”

– Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] (Doc no: 14259-12, 299 pages, pdf). Four column document: Commission proposal, EP position, Council position, Proposed “compromises”.

– Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) (Doc no: 14520-12,pdf) Council position for COREPER to agree prior to first informal trilogue with European Parliament on the “comitology” aspects of Dublin III.

– EU Action on Migratory Pressures – A Strategic Response Draft Biannual Update (36 pages, pdf)

EU: Council of the European Union: Common European Asylum System – State of play (pdf)

EU: European Commission Report: Mid-term report on the implementation of the Action Plan on Unaccompanied Minors (COM 554-12, pdf), Commission Staff Working Paper (SWD 281-12, pdf) and Press release (pdf)

EU: European Commission: Report on the implementation of Regulation (EC) o 862/2007 on Community statistics on migration and international protection (pdf)

EU: FRONTEX Fundamental Rights Strategy: Statewatch and Migreurop’s joint submission to the Ombudsman of the European Union (pdf) and French (pdf).

“Frontex has adopted a restrictive approach to the human rights impact of its activities, and put forward a strategy where preventive mechanisms remain weak and where redress mechanisms are absent. In so doing, Frontex seems to fall short of two of its commitments presented in its reply to the Ombudsman: a “zero tolerance policy” and the mainstreaming of fundamental rights into all Frontex activities.

We thus argue that the understanding of the human rights risks in the context of Frontex operations may be underestimated and that the proposed safeguards are unsatisfactory as a result”.

European Court of Justice: The minimum conditions for the reception of asylum seekers must be granted by the Member State in receipt of an application for asylum even when it calls upon another Member State which it considers to be responsible for the examination of the application (Press release, pdf): “That obligation applies, in general, from when the asylum application is lodged until the actual transfer of the asylum seeker to the Member State responsible.” and Advocate General: Opinion (pdf) The judgment is not yet available.

Common European Asylum System: LIBE Committee adopts Reception Directive and the Dublin III Regulation

As the deadline set for the adoption of a Common European Asylum Office is approaching (end of 2012), negotiations have reached the final stage of the “trilogue” between the Council and the European Parliament. Two of the measures were endorsed by the LIBE Committee on 19 September 2012: the Dublin III Regulation and the Reception Directive. Although some important changes were adopted which will likely improve the EU asylum system, significant elements remain at stake especially regarding access to social and economic rights, to free legal assistance, and the protection against disproportionate detention.

Germany: Border control and deportation operations to Belarus The German magazine Junge Welt published on 30 August 2012 an article which looks at cooperation between the German police (Bundespolizei) and Belarus in border control and return of irregular migrants. German cooperation is part of wider cooperation at an EU level with the former Soviet republic.

EU-SERBIA: Serbia is “no longer a safe third country” but Commission says that readmission “functions smoothly: Deportations of asylum-seekers from the EU to Serbia look set to continue, despite the United Nations High Commissioner for Refugees (UNHCR) stating last month that the Balkan nation should no longer be considered a safe third country to which to return asylum seekers.

EU: Meijers Committee: Note on the latest Presidency text on the proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (COM(210)379) (pdf):

EU: EURODAC-EUROPOL:Council of the European Union: Note explaining the need for EUROPOL to be able to request the comparison with EURODAC data for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences (pdf) Europol tries to make the case for access to the EURODAC database of the fingerprints of asylum-seekers in order to track down organised criminal gangs, traffickers and victims. It provides two insrtances to back up its case, which were solved without access to EURODAC. No case is made to suggest that its request is proportionate and there is an underlying assumption that all asylum-seekers should be checked to see if they are offenders. It is further impled that Europol, as the “EU criminal information hub”, should have access to all personal data wherever it may reside in the EU.

EU: VIS (Visa Information System): VIS – state of play (pdf) A good illustration of the role the Council plays in implementation and see also the reference to the shadowy “FoVIS” (Friends of VIS) and Commission Implementing Decision of 21 September 2012 determining the date from which the Visa Information System (VIS) is to start operations in a third region (pdf)

EU-EUROSUR: The Meijers Committee: Standing committee of experts on international immigration, refugee and criminal law: Note on the proposal for a Regulation establishing the European Border Surveillance System (COM (2011)0873) (pdf): “The Meijers Committee suggests that:

1. The goal of Eurosur to protect the lives of migrants should be guaranteed in the recital and in Article 1 of the Regulation;
2. The scope of Article 12a (2) (b) on the processing of personal data with regard to the powers based upon the Frontex Regulation should be clarified;
3. Amendment 40 of the draft report by Jan Mulder should be accepted as it includes the protection of lives of migrants in the exchange of information with neighbouring States;
4. Amendment 46 of the draft report by Jan Mulder should be accepted as it extends the content of the evaluation explicitly to the processing of personal data;
5. The reference to ‘migrant profiles’ in Article 9(6) (c) and Article 10 (5bis) (c) should be deleted or an explicit reference must be made in accordance with Article 20 of the proposed General Data Protection Regulation (COM (2012) 9,10 and 11);
6. Article 10 (5bis) on the classification of information on own assets in the operational layer of the European situational picture as EU restricted should be deleted;
7. Article 18bis should be deleted from the current draft by the Council, as long as there is no decision of the Council by which United Kingdom and Ireland are allowed to participate in measures building upon the Schengen acquis.”

EU: Migreurop: A critical Chronology of European Migration Policies by Alain Morice (CNRS-Université Paris-Diderot and Migreurop network)

“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.

French version (link), Italian version (link) and Spanish version (link)

EU: Fundamental Rights Agency: Detention of third-country nationals in return procedures (72 pages, pdf)

EU: Council of the European Union: False documents, HLWG Asylum & Migration

– FALSE DOCUMENTS: Working Party on Frontiers/False Documents – Mixed Committee (EU – Iceland/Liechtenstein/Norway/Switzerland)
dated: 30 May 2012 Subject: Summary of discussions (pdf) Includes “State of FADO play” in Appendix

– HLWG: High Level Working Group on Asylum and Migration (HLWG) (Doc no: 11927-12, pdf) Includes in Annex: “GAMM UPDATE, 21 May 2012: This document provides an updated overview of the main external migration dialogue processes implemented in the framework of the EU Global Approach. The document is compiled for the information of the EU High Level Working Group on Migration and Asylum by the responsible European Commission services, in association with the EEAS.”

– HLWG High Level Working Group on Asylum and Migration (HLWG) (Doc no: 11928-12,pdf) Includes in Annex: “GAMMUPDATE 15 June 2012: This document provides an updated overview of the main external migration dialogue processes implemented in the framework of the EU Global Approach to Migration and Mobility (GAMM). The document is compiled for the information of the EU High Level Working Group on Migration and Asylum by the responsible European Commission services, in association with the EEAS.”

EU: Council of the Euorpean Union: Eurodac & LEAs and Eurosur

– EURODAC: Council Presidency re-draft: Access to Eurodac database of aslyum applicants’ fingerprints: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (pdf)

– EUROSUR: Outcome of disucssions on Council’s position: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (pdf) and:

– EUROSUR: Council Presidency re-draft: Subject as above (pdf)

EU: European Asylum Support Office (EASO): 2011 Annual Report on the Situation of Asylum in the European Union and on the Activities of the European Asylum Support Office (5 MB file, pdf)

EU: Human Cargo: Arbitrary readmissions from the Italian sea ports to Greece (pdf) by PRO ASYL Foundation and Friends of PRO ASYL in co-operation with the Greek Council for Refugees:

“While official statistics indicate that a certain number of people are being readmitted annually from Italy to Greece, NGOs in Greece in their daily operations have registered a much greater number of people who have been readmitted from Italy.”

EU: Council of the European Union: Dublin II and EURODAC: LEA access

– DUBLIN II: State of play: Council position: Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) [First reading] (12746-rev-2-12, 113 pages, pdf): “At its meeting of 18 July 2012, the Committee of Permanent Representatives endorsed by a sufficient majority of delegations the text of the recast of the draft Dublin Regulation”

see also previous documents: As above (115 pages, 12746-rev-1-12, pdf) and As above (115 pages, 12746-12, pdf)

– EURODAC (asylum applicants’ fingerprint database): Law enforcement agencies access: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (12207-12, 116 pages, pdf). Includes 109 Member State reservations/comments.

UK: Home Affairs Select Committee report: The work of the Border Force (pdf)

UK: Home Affairs Select Committee report: The work of the UK Border Agency (December 2011–March 2012) (127 pages, pdf) and Volume II (pdf)

EU: Council of the European Union: Dublin II and Reception

– Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person [First reading] (230 pages, pdf) See Analysis below

– Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast) [First reading] (73 pages, pdf)

EU: Statewatch Analysis: Revising the ‘Dublin’ rules on responsibility for asylum-seekers: Further developments (pdf) by Steve Peers
Professor of Law, Law School, University of Essex:

“The EP and Council reached a tentative deal on the revision of the ‘Dublin Regulation’, which allocates responsibility for asylum-seekers to a single Member State, in June 2012. This was the subject of a detailed Statewatch analysis at the time, which concluded that it was a ‘missed opportunity’ to reform these flawed rules more fundamentally.

However, for the Member States’ permanent representatives to the EU (known as ‘Coreper’), this deal was too generous: they objected to the change in rules relating to unaccompanied minor asylum-seekers and to the rules intended to limit the time period of detention of asylum-seekers subject to the Dublin process. Following further talks, the EP and the Council have reached a revised tentative deal, although this is subject to some ‘technical’ amendments by the Council and further discussions on the procedure for adopting measures implementing the Regulation (known as ‘comitology’).”

CoE: Council of Europe: ‘Deaths in the Mediterranean Sea: will they ever end?’ asks PACE rapporteur Tineke Strik (link): With Letters to NATO, UK and Spain. Full-text of report: Lives lost in the Mediterranean Sea: who is responsible? (pdf):

““Yet again, a dinghy with 55 people on board drifted for 15 days on the Mediterranean. This time, only one person survived. When will this ever end?,” today asked Tineke Strik (Netherlands, SOC), rapporteur of the Parliamentary Assembly of the Council of Europe (PACE) on “Lives lost in the Mediterranean Sea: who is responsible?”. She expressed her great sadness and anger over the deaths of another 54 boat people fleeing Libya towards Italy.”

EU: Council of the European Union: IRAQ, Dublin II, Turkey: Readmission and Eurodac

– IRAQ: 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 (pdf) Includes readmission clauses (Doc no: 5784-rev-2-11, pdf)

– DUBLIN II: Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person [First reading] – State-of-play on the ongoing negotiations (Doc no: 12168-12, pdf). Last points being discussed between the Council and the European Parliament in trilogue meetings.

– TURKEY:READMISSION: Synthesis on Member States’ practical experiences with readmission to Turkey (Doc no: 12122-12, pdf). Detailed Member State responses.

– EURODAC (Recast): Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (Doc no: 11861-12, pdf). 115 pages. 82 detailed Member State reactions.

EU-EUROSUR: Council of the European Union: Eurosur: New Council draft position: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (Doc no: 11853-12, pdf) and: Member State’s views on above (Doc no: 12369-12, pdf)

EU: Statewatch Analysis: The EU Directive on Reception Conditions: A weak compromise (pdf) by Steve Peers, Professor of Law, Law School, University of Essex:

“While the final agreed text is undeniably an improvement upon both the 2003 Directive and the Council’s version of the new Directive, it is still a missed opportunity to ensure that asylum-seekers in the EU are fully treated with dignity and fairness in all respects while waiting for a decision on their application, given the many possibilities which remain for Member States to detain them, provide them with low levels of benefits, delay their access to employment and make it difficult to challenge any of these decisions.”

UK: No duty to snitch on another EU country’s asylum conditions (UK Human Rights blog, link) and Judgment (pdf)

EU: Statewatch Analysis: “We are not animals”: Concern intensifies over detention of migrants in Europe (pdf) by Marie Martin:

“Recent reports on very poor detention conditions of migrants in some EU countries present a concerning picture of current detention standards and practices. They emphasise systemic issues at stake with the implementation of the Returns Directive now transposed in all EU national legislations and further question the compatibility of administrative detention with the respect of fundamental rights.”

UN Special Rapporteur on the human rights of migrants concludes second country visit in his regional study on the human rights of migrants at the borders of the European Union: Visit to Turkey (pdf)

UN Human Rights Council: Report of the Special Rapporteur on the human rights of migrants, François Crépeau (pdf)

EU: Council of the European Union: Note from Spanish delegation: To: JHA Counsellors/COSI Support Group on combatting irregular migration and trafficking: Final report of COSI project group on “Measure 16” (Doc no: 9338-rev1-12, 16 pages, pdf) Detailed report on operations.

MALTA: Bishops say migrant’s killing raises serious questions – suggest review of detention policy (Times of Malta, links), Magistrate quizzed over delayed migrant death inquiry and One man, many names. See also: Asylum seeker beaten to death in Malta (euobserver, link)

Boats 4 People: solidarity flotilla in the Mediterranean

After a year of preparation, a sailboat left from Rosignago port, Italy, to Palermo, Lampedusa, and then off to Tunisia. The Boats 4 People project, bringing together 17 organisations, was initiated in summer 2011 as a campaign to denounce deaths in the Mediterranean and the impossibility to reach Europe safely for migrants, and enhance solidarity amongst seamen and activists on both sides of the Mediterranean.

EU: UNITED: List of 16,264 documented refugee deaths through Fortress Europe (link)

EU: Council of the European Union:

– “MIGRATORY PRESSURES”: CARROT & STICK: Working Party on Integration, Migration and Expulsion/Mixed Committee (EU-Iceland/Norway/Switzerland/Liechtenstein): Preliminary synthesis on Member States’ responses to a questionnaire following up on “EU Action on Migratory Pressures – A Strategic Response” regarding readmission and return (Doc no: 11317-12, 31 pages, pdf): Contains synthesis of a total of 5 delegations’ detailed responses who have so far replied to the questionnaire (Austria, Belgium, Hungary, Netherlands and Poland) in answer to the following questions:

“to identify and prioritize the three third countries, with which concluding an EU readmission agreement would be of interest, focusing on countries of origin of illegal migration” and “to indicate the main tailor-made incentives that may be offered in order to ensure the proper level of cooperation” and “to identify the main challenges regarding voluntary and/or forced returns to those three third countries previously identified”

The suggested target countries are: Afghanistan, India, Iraq and Tunisia.

-“MIGRATORY PRESSURE”: Policy cycle: Links between the EU Action on Migratory Pressures and several EU Crime Priorities in the framework of the EU Policy Cycle (Doc no: 11568-12, pdf)

– “MIGRATORY PRESSURE”: EU Action on Migratory Pressures – A Strategic Response (Doc no: 9650-12,pdf)

EU: Council of the European Union: RABAT: High-Level Working Group on Asylum and Migration: The Rabat process: the road ahead 2012-2014 (pdf): “The Euro-African Process on Migration and Development (Rabat Process) brings together more than fifty countries of origin, transit and destination, which have a shared vision of a rational, balanced and efficient management of migration flows from and via West and Central Africa.”

Italy/Hungary: Court annuls Afghan’s Dublin II return to Hungary

On 27 April 2012, the Lazio Tribunale Amministrativo Regionale (TAR, Regional Administrative Court) upheld an appeal (no. 05292/2012) by an Afghan citizen against his return to Hungary in application of the Dublin II Regulation (decision deposited on 15 June 2012).

EU’s RESPONSE TO ARAB SPRING: EU’s rejection of migrants during the Arab Spring: a “historical mistake” according to Commissioner Malström

EU: Borderline: The EU’s New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the “Smart Borders” Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen:

“Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values – under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane.”

EU-TURKEY: Readmission: European Commission: Proposal for a Council Decision concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (COM 239, pdf) and Proposal for a Council Decision on the signature of the Agreement between the European Union and the Republic of Turkey on readmission of persons residing without authorisation (COM 240, pdf)

EU: Statewatch Analysis: The revised ‘Dublin’ rules on responsibility for asylum-seekers: a missed opportunity (pdf) by Steve Peers
Professor of Law, Law School, University of Essex:

“Taking into account the case law, the overall impact of the 2012 Regulation upon the practical application of the current Dublin rules is likely to be modest. Indeed so much of the agreed changes simply reflect (or try to anticipate) the established case law and likely further case law developments that one can only conclude that the evolution of the Dublin system will continue to depend more on the role of the courts than upon the Council and the EP.

Any hope for a more substantial change of this highly criticised system will therefore continue to rest with the judiciary, given that none of the EU institutions were willing to consider a radical reform of the system and the EP could only wrest limited changes from the Council as regards any significant improvement of the rules relating to family members and vulnerable persons.”

Italy/Libya: Refugee day and the agreement with Libya: let’s not repeat the mistakes of the past

ASGI [Associazione di Studi Giuridici sull’Immigrazione] expresses its deep concern and great bewilderment about the agreement/recorded document sealed between the Italian and Libyan governments in Tripoli on 3 April 2012, for the purpose of enacting cooperation between the two states to counter irregular migrations.

See also: Italy must sink agreements with Libya on migration control (AI, link)

EU: Council of the European Union: Dublin II, Reception, Visa lists and Eurosur

– DUBLIN II: Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person [First reading] – Outcome of the trilogue (4-column, 232 pages, pdf)

– RECEPTION: Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast) [First reading] – Outcome of the trilogue (4-column, 190 pages, pdf)

– VISA LISTS: Draft Regulation of the European Parliament and of the Council 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)

– EUROSUR: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (pdf)

EU: ROBOTS GUARDING THE BORDERS: The TALOS project (Transportable Autonomous patrol for Land bOrder Surveillance): See pictures bottom right.

Italy/Tunisia: Extension of humanitarian residence permits to put an end to “emergency”- problems including “disappeared” Tunisians and rightless refugees from Libya persist

On 16 May 2012, the “technical” government’s interior minister, Anna Maria Cancellieri, announced that thousands of six-month temporary residence permits for humanitarian reasons issued mostly to Tunisians in response to the influx into Italy during the so-called “Arab Spring” would be renewed for a second time, for a further six months. A prime ministerial decree was adopted for this purpose the day before.

EU: EURODAC: Fingerprint database of asylum applicants: Commission proposal to extend access to all law enforcement agencies: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (COM 254-12, pdf)

EU: Meijers Committee (Standing committee of experts on international immigration, refugee and criminal law): Submission to the European Parliament: Detention provisions in the recast proposals for the Reception Conditions Directive and the Dublin Regulation and the right to a remedy with suspensive effect (pdf)

EU: European Commission: Communication: 3rd Annual Report on Immigration and Asylum (2011) (COM 250-12, pdf) and Commission Staff Working document: on the Third Annual Report on Immigration and Asylum (2011) (SEC 139-12, pdf)

EU: REVISION OF RETURNS DIRECTIVE & DUBLIN REGULATION: Council of the European Union: Common European Asylum System: State of play/orientation debate (pdf). Includes:

“the Presidency has initiated negotiations with the European Parliament on the recast for Reception Conditions Directive and on the recast for the Dublin Regulation. On both files a series of four trilogues have been agreed between the Presidency, the European Parliament and the Commission. Furthermore, it has been agreed to work towards a political agreement on both files by the end of the Danish Presidency.” [ie: by the end of June).

EU: GREECE, TURKEY AND RETURNS: ASYLUM & MIGRATION and INTERNAL SECURITY FUNDS: Millions of euros targeting border controls and returns: Council of the European Union: Implementation of the Common Framework for genuine and practical solidarity towards Member States facing particular pressures due to mixed migration flows – Political discussion with a particular focus on the support to Greece in areas of borders, asylum and migration management (pdf). Includes:

” Intensifying efforts to build capacity in Greece, including financial and human resources to build a robust asylum system, with adequate reception facilities and effective return processes…. Efforts to cooperate with third countries and in particular the border control authorities of Turkey to combat illegal immigration and cross border organised crime…More focused efforts on return, in practice and conclusion and implementation of EU readmission agreements with key countries of origin and transit, operations with the assistance of FRONTEX and IOM and targeted use of funds under the European Return Fund.”

EU: Council of the European Union/Mixed Committee: EU Action on Migratory Pressures – A Strategic Response (Council doc: 8714-rev1-12, 22 pages, pdf) Pages 4-22 contain detailed Action Plan

EU: Council of the European Union:

– Council position discussions: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) (pdf) Still over 200 Member States reservations

– Council position discussions in the Mixed Committee: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (pdf) With Member State positions.

EU: Council of the European Union: Amended proposal for a Directive laying down standards for the reception of asylum seekers – Examination of text of European Parliament in view of first informal trilogue (130 pages, pdf) Useful 4-column documents showing the Commission proposal, the European Parliament and Council positions and the outcome of the so-called “informal”, secret, trilogue on 23 April 2012.

EU: Statewatch Analysis: Amending the EU’s Borders Code (pdf) by Steve Peers, Professor of Law, Law School, University of Essex:

“The Borders Code has already been amended on four occasions… However, the 2011 proposals would have a much bigger impact on the text of the Code. Between them, these proposals would amend nearly every provision of the Code, and add a number of new provisions.”

EU: Statewatch Analysis: Amending the EU’s visa list legislation (pdf) by Steve Peers, Professor of Law, University of Essex:

“Quite apart from the usual lack of transparency of EU documents (the texts submitted to Coreper have not officially been made public, although they are available on the Statewatch website – see the links below), the negotiation process is highly obscure, as it is not currently clear whether Coreper even reached an agreement on the proposed measures, and if so what text was agreed….

the version of the proposed legislation discussed in Coreper clearly shows the Member States’ intention to assert the EU’s authority more forcefully as regards visa policy by the creation of two new fast-track powers to impose visa obligations, but also to retain a lot of political discretion when using such powers. Although these new powers would be conferred upon the Commission, Member States have tried as much as possible to assert their control over its actions, and they have rejected any attempt to remove their remaining discretion as regards visa policy for various categories of persons.”

EU: FRONTEX: Statewatch Analysis: The Frontex Regulation – Consolidated text after final 2011 amendments (pdf) by Steve Peers
Professor of Law, University of Essex:

“The following presents the Regulation setting up the EU Borders Agency – ‘Frontex’ – as it was amended by a number of amendments adopted in 2011: Regulation 1168/2011, OJ 2011 L 304/1 (the ‘2011 amendments’). It replaces the consolidated text of the Regulation based on the agreed text of the 2011 amendments, which were subject to a number of technical changes when they were finally adopted.”

EU: Statewatch Analysis: The revised ‘Dublin’ rules on responsibility for asylum-seekers: The Council’s failure to fix a broken system (pdf) by Steve Peers, Professor of Law, Law School, University of Essex:

“The Council appears to have little regard for the case law of the European Court of Human Rights or the EU’s Court of Justice, as regards the issue of suspending transfers in light of justified human rights concerns. Moreover, the Council clearly wishes to ‘jump the gun’ on a number of other issues pending before the Court of Justice as regards the Dublin rules (the humanitarian clause, the rules on unaccompanied minors, and the application of the reception conditions Directive to Dublin cases)….

the Council has not accepted either of the two remedies which the Commission had proposed to fix the Dublin system – the suspension of that system or the significant improvement of the rules relating to family members and vulnerable persons. It remains to be seen whether the EP is willing to recognise that the Dublin system is broken, and to demand that more serious steps be taken to fix it.”

EU: Council of the European Union: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (ASILE, 8591/12, pdf)

“This is hell”: Romania’s horrendous detention conditions

Calls of desperation have been received by the Migreurop network from Romania’s Arad detention centre in the past weeks.[1] Serious cases of brutality and abuse by officers were reported, raising deep concerns about detention conditions and the monitoring of immigration detention centres in Romania. As a European-wide campaign on immigration detention calling for more transparency and accountability has just been launched, these voices act as a powerful reminder of the violence inflicted on irregular migrants in Europe today.

EU: DUBLIN REGULATION: The recast of the Dublin regulation (2008/0243 COD) and the proposal for a process for early warning, preparedness and management of asylum crisis (pdf)

Letter of the Meijers Committee to the European Parliament on the recast of the Dublin regulation and the proposal by the Presidency to introduce an early warning, preparedness and management of asylum crisis system. The Meijers Committee supports the proposal to oblige Member States to report on their asylum management, but is of the opinion that the requested statistical data do not necessarily indicate whether the fundamental rights of the asylum seeker are protected in these States. Moreover, the Meijers Committee urges the European Parliament to call for an explicit provision in the Dublin regulation that the statistical data provided by the Member States will be made public.

STATEWATCH LAUNCHES OBSERVATORY ON FRONTEX: Launch of Frontex Observatory – March 2012 (Press release, pdf):

“Statewatch’s Frontex Observatory will analyse and document the role and activities of Frontex. It provides a unique source of understanding of the Agency’s operations and activities, bringing together legal, political, analytical documents from a variety of sources. Regularly updated, the Observatory allows for a contextualised understanding of Frontex’s development over the years and throws light on the main issues at stake with regards to civil liberties and fundamental rights. Divided into six sections, the Observatory will be particularly useful to researchers, civil society organisations, academics, students, journalists, lawyers, and parliamentarians.

Established in 2006 by Regulation 2004/2007, Frontex is the European Agency for the Management of the External Borders of the European Union. It coordinates and co-organises with Member States high-tech border control operations at sea, land and air external borders of the EU, and carries out joint return flights of irregular migrants. Its mandate was revised in 2011. Since its inception, Frontex has been criticised for its lack of transparency and accountability.”

Link to: FRONTEX Observatory

EU: Statewatch Analysis: The Revised Directive on Asylum-seekers’ Reception Conditions: The Member States hit rock-bottom (pdf) by Professor Steve Peers, University of Essex:

“On the key issues of employment and social welfare, there is now no measurable change from the 2003 Directive…. Member States have genuinely hit rock bottom. It now remains to be seen whether the European Parliament might have any success in convincing them to raise standards a few millimetres more.”

EU: Council of the European Union:
SCIFA and SCIFA – Mixed Committee, “Secondary migration flows”, Roadmap – “migratory pressures”, Readmission

– Strategic Committee on Immigration, Frontiers and Asylum on: 13 February 2012 Subject: Summary of conclusions (pdf) includes giving Europol access to VIS (Visa Information System)

– Strategic Committee on Immigration, Frontiers and Asylum/Mixed Committee (Iceland/Liechtenstein/Norway/Switzerland) on: 13 February 2012: Subject: Summary of conclusions (pdf)

– Note: from: the Belgian, the French, the German, The Netherlands, the Austrian, the Swedish and the UK delegations Subject: Common responses to current challenges by Member States most affected by secondary mixed migration flows (pdf) including: “Ensure that travel documents used within the EU, including their issuance and validation, meet minimum security standards, preventing their use for illegal immigration or criminal purposes.
ID and residence cards should be a particular focus.”

– Council Presidency: to Working Party on Integration, Migration and Expulsion on 12 March 2012 Subject: Road map to ensure coherent EU response to continued migratory pressures (pdf)

– Presidency: to Working Party on Integration, Migration and Expulsion on 12 March 2012 Subject: Operationalising the Council Conclusions of June 2011 defining the European Union Strategy on Readmission (pdf)

EU-READMISSION: Turkey: Council of the European Union: Working Party on Integration, Migration and Expulsion/Mixed Committee (EU-Iceland/Norway/Switzerland/Liechtenstein): Synthesis on Member States’ practical experiences based on delegations’ responses to questionnaire discussed at the Working Party meeting on 1 February 2012 (19 pages, pdf): “This compilation is based on the replies submitted by delegations to the questionnaire drawn up by the Presidency regarding Member States’ practical experience with readmission to Turkey.”

EU: Justice and Home Affairs Council, 8 March 2012: Press release (pdf) See also: Council conclusions regarding guidelines for the strengthening of political governance in the Schengen cooperation (pdf) and: Ministers agree warning mechanism for migration surges (link)

EU: Council of the European Union: Asylum “solidarity”: – Draft Council Conclusions on a common framework for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems including through mixed migration flows (2.3.12, pdf)

CEAR press statement, Friday 16 February 2012: In response to the UN finding the Spanish State guilty for the death of the Senegalese Sonko

“CEAR recalls the security forces’ duty to guarantee the security of refugees and to enable their access to international protection. The victim came from a region of Senegal that is riven by a serious conflict and could have requested international protection if the Spanish officers had respected legal procedures.

29-year-old Laucling Sonko was made to jump into the sea on the night between 25 and 26 September 2007 by Guardia Civil [police force with military status] officers, alongside three other people who were potential asylum and international protection applicants like he was. After they were intercepted by a Guardia Civil patrol boat while they tried to swim into Ceuta [a Spanish enclave in northern Morocco], they were made to board and taken into Moroccan waters, where the officers pierced their lifejackets and made them jump into the sea. Sonko, who did not know how to swim, drowned.”

EU: Council of the European Union: Dublin, Seasonal employment and Visa list

– Dublin: Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) (pdf). Still 140 reservations by Member States in developing the Council’s position.

– As above: Presidency proposals (pdf)

– Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf) Still over 100 reservations by Member States in developing the Council’s position

– As above: Presidency proposals (pdf)

– Visa list: 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 (pdf)

– Visa Working Party: Outcome (pdf), including “Non-Paper” from the Commission on Definition of short stay – Changes required in the legal acts in the area of visa policy

FRONTEX: The reinforcement of Frontex and the intensification of cooperation with third countries

Amendments to Regulation 2004/2007 reinforcing the powers and widening the mandate of the European Agency for the Management of External Borders entered into force in January 2012.[1] Some of the amendments broaden the Agency’s mandate when dealing with third countries. These developments of the Agency’s external relations reflect the ambitions of Frontex, and reinforce concerns regarding its impact on human rights and civil liberties.

MIGREUROP ANNUAL REPORT: At the margins of Europe: the externalisation of migration controls (116 pages, pdf):

“Beyond the contradictions of an international coalition that was meant to guarantee the “responsibility to protect”, it is the overall European immigration and border control policy that has to be put to question. Since the early 2000s, north African countries have accepted the role as Europe’s border guards, chasing and detaining people who wanted to exercise their right to emigrate9 . Current historical events in the Arab world must be the opportunity to reconsider relations between the northern and southern Mediterranean and to break away from the liberty-stifling heritage of the EU’s dictator-partners to put an end to the bloodshed at its borders.”

EU: Meijers Committee: Standing committee of experts on international immigration, refugee and criminal law: Reply to the Green Paper on the right to family reunification of third-country nationals living in the European Union (pdf): “the Meijers Committee proposes not to revise Directive 2003/86/EC on the right to family reunification on short notice. Instead, it urges the Commission to closely supervise the implementation and application of the Directive in the Member States and to start infringement procedures in case of incomplete or incorrect implementation or application.”

EU: Statewatch Analysis: The Revised Directive on Asylum-seekers’ Reception Conditions: How much lower can the Member States go? (pdf) by Steve Peers, Professor of Law, University of Essex:

“If the Council does accept this compromise, it will remain to be seen whether the European Parliament will consider it acceptable to have a ‘deal at any cost’, or whether it will take the opportunity to press for much needed improvements concerning issues such as access to benefits without documentation, detention conditions, grounds for and time limits for detention, legal aid, subsistence and health care, and vulnerable asylumseekers.”

ITALY: Returning migrants to Libya without examining their case exposed them to a risk of ill-treatment and amounted to a
collective expulsion (pdf) and Judgment: full-text (link) The European Court of Human Rights has found italy guilty of a series of violations in its collective refoulements of migrants to libya in 2009 – The case concerned Somalian and Eritrean migrants travelling from Libya who had been intercepted at sea by the Italian authorities and sent back to Libya. Press statement by Green/EFA Group in the European Parliament: Court ruling on odious Italy-Libya deal has clear implications for EU migration and border policies (link)

CANADA: Taking Liberties: Canada’s Booming Business of Detention and Deportation (link)

Mediterranean takes record as most deadly stretch of water for refugees and migrants in 2011 (UNHCR, link)

EU border agency Frontex will sign a Cooperation Agreement with the Armenian Government (Public Radio, link)

UK: “Convergence” in London: No Borders conference, arrests of activists and collective deportation

The weekly No Borders “Convergence” at Goldsmiths College in London could not be more time-sensitive: a report on unsafe return from the UK to Congo has just been released, and a collective expulsion to Ghana was carried out on 15 February 2012. Some of the No Borders activists who were trying to stop the deportation have been arrested and await trial planned on 8th March 2012.

ECHR: First-time asylum seeker was not given effective remedy under fast-track procedure for examination of his case (Press release, pdf):

“A violation of Article 13 (right to an effective remedy) taken together with Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights The case concerned the risks the applicant would face in the event of his deportation to Sudan and the effectiveness of the remedies available to him in France in view of the fact that his asylum application was dealt with under the fast-track procedure.”

EU: The Standing Committee of experts on international immigration, refugee and criminal law (Meijers Committee): Note on the coordination of the relationship between the Entry Ban and the SIS- alert: an urgent need for legislative measures (pdf): “The Meijers Committee would like to draw your attention to a serious legislative deficiency in present secondary EU law as it fails coordinating the relationship between the “entry ban” in the Returns Directive (2008/115/EC) and the “SIS alert” in the SIS II Regulation (EC) 1987/2006.”

EU-GREECE: Greeks build fence to ward off asylum seekers (euobserver, link): “European Commission on Tuesday (7 February) said the fence is a national issue. But it also poured scorn on the project. “Fences and walls are short-term solutions to measures that do not solve the problem. The EU is not and will not co-finance this fence … It is pointless,” a spokesman for home affairs commissioner Cecilia Malmstrom told press in Brussels”

France: Convictions stand, shorter sentences on appeal for Vincennes detention centre fire

On 13 January 2012 in the Paris appeal court, the presiding judge in the appeal involving six of the ten detainees in the Vincennes detention centre (CRA, centre de rétention administrative) who were convicted on 17 March 2010 in connection with a fire that burned down the CRA on 22 June 2008 read the ruling that upheld their convictions and shortened the sentences they were set to serve by six months. After the verdict all those attending a demonstration were “kettled”.

EU: Council of the European Union: State of Play: Reception conditions, Seasonal workers and Schengen Border Code amendments:

– Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers
(Recast) (pdf): Still over 120 Member State reservations/objections

– As above: earlier Presidency proposals (pdf)

– Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf): Still over 110 Member State reservations/objections

– As above: earlier Presidency proposals (pdf)

– Proposal for a Regulation amending Council Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and the Convention implementing the Schengen Agreement (pdf)

EU: READMISSION AGREEMENTS: Council of the European Union: Operationalising the Council Conclusions of 9 – 10 June 2011 defining the European Union Strategy on Readmission (pdf). The Council is aiming for: “a coherent return policy which should be embedded in the overall external relations policy of the European Union” which will lead to: “new, more efficient and flexible standard negotiation directives for the conclusion of readmission agreements between the Union and third countries.”

The EU faces two problems: the “lack of real political will” on the part of third countries and “so-called”third country clauses”” (concerning the state in question being only a country of transit). Based on the Council Conclusions the Council Presidency is proposing that readmission agreements should be “linked” to agreements in “other policy areas” and the conclusion of these agreement should be: “made conditional on the willingness of the third country to also conclude a readmission agreement with the European Union and might in this way serve as a powerful incentive..” In the past the Council Council has used the “carrot and stick” approach, now it seems to be heading for using the “stick”.

All readmission agreements have to ensure fundamental rights and human rights standards regarding returned people, however, this documents admits what many have long known namely that: “Currently there is no assessment of whether provisions on the monitoring of the human rights situation of readmitted persons can be implemented in practice”

Italy: Rome city council warns evicted gipsies/Roma: “Accept relocation or we may have to take your children”

Journalist Paolo Brogi posted a document on his blog on 29 November 2011 that is indicative of how activities are being enacted in Rome in the framework of the Roma “emergency”, which has included large-scale evictions and relocation in isolated settlements that are distant from the city centre.

UNHCR: Deaths in the Mediterranean: Mediterranean takes record as most deadly stretch of water for refugees and migrants in 2011 (pdf)

EU: Informal Justice and Home Affairs Council 26-27 January, Copenhagen: Discussion papers: No 1: A common framework for genuine and practical solidarity towards Member States facing particular pressures due to mixed migration flows (pdf) – No 2: Family reunification in light of the Commission Green Paper: The right to family reunification is a matter of considerable importance in, especially (pdf)

UK: Home Affairs Select Committee report: Rules governing enforced removals from the UK (pdf) See also: Dangerous deportation techniques may still be in use, MPs warn – Home affairs select committee finds evidence of dangerous restraint techniques, although UK Border Agency denies claim (Guardian, link)

UK: BORDER CONTROLS: Home Affairs Select Committee report: UK Border Controls (78 pages, pdf)

FRANCE: Court decision overturns government attempt to deny foreigners’ access to lawyers in transit zones

On 30 November 2011, the NGO ANAFÉ (Association nationale d’assistance aux frontières pour les étrangers) was brought to court by the Ministry of Interior in an attempt to halt the provision of free legal counselling to foreigners held in transit zones at Roissy airport (Paris, France). A press release has been issued denouncing the Ministry’s attempt “to conceal the obstacles preventing foreigners accessing their rights in transit zones”. The judge decided, on 4 January 2012, that the Ministry’s action was an impediment to ANAFÉ’s work.

EU: Council of the European Union: Council developing its negotiating position: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) (166 Pages, pdf)

Spain and France: The ongoing disgrace of detention centres

“Two reports on detention centres have been published in Spain and France that highlight a situation in which foreigners are experiencing conditions that are often worse than those in prisons as a result of administrative offences (irregular residence) and an aim to maximise the rates of detention and returns. This has led to large-scale violations of human rights and to policies that reduce judicial oversight and the possibility of detained foreigners to effectively exercise their rights through judicial proceedings and access to effective remedies.”

EU: Statewatch Analysis: A proposal for an EU Immigration Code (64 pages, pdf) by Steve Peers, Professor of Law, University of Essex: Under the Stockholm Programme the EU is committed to the ““consolidation of all legislation in the area of immigration…to “ensure fair treatment of third country nationals who reside legally on the territory of [the EU’s] Member States”. This substantive text of a Draft Code seeks to contribute to the debate:

“Since the existing EU immigration law has often (rightly) been criticised for setting low standards on these issues, the adoption of an immigration Code will be an important opportunity to improve the substance and coherence of that existing law, in order to ensure that it is fair, understandable and transparent….

this Statewatch analysis proposes a complete text of a draft Code [and] is intended as a contribution to the debate about the future proposal for a Code, which aims to raise the substantive standards and improve the procedural rights of legal immigrants, while also making the law simpler and more consistent.”

Statewatch Analysis: The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states (pdf) by Yasha Maccanico:

“The Italian government and the EU are attempting to urgently re-establish readmission agreements with new regimes in Egypt, Tunisia and Libya with scant regard for the wellbeing of refugees and asylum seekers. A ‘state of emergency’ has been declared in Italy which has allowed the government to derogate from certain laws and fast-track the application process.”

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UK-EU: European Court of Justice: An asylum seeker may not be transferred to a Member State where he risks being subjected to inhuman treatment – EU law does not permit a conclusive presumption that Member States observe the fundamental rights conferred on asylum seekers (Press release, pdf) and Judgment – full-text (pdf). See also: Home Office loses legal battle over asylum seekers – European court rules that asylum seekers cannot be removed to other EU countries if they risk being treated ‘inhumanely’ (Guardian, link)

HUNGARY: Access to protection jeopardised: Information note on the treatment of Dublin returnees in Hungary, December 2011 (pdf)

EU: The Standing committee of experts on international immigration, refugee and criminal law (the Meijers Committee): Proposal to introduce a safeguard clause to suspend visa liberalisation (COM (2011) 290 final) (pdf)

“the Meijers Committee expresses its doubts about the necessity of the proposal and observes that the proposal may place human rights at risk. Unfortunately the Draft report and the explanatory memorandum of the Rapporteur are silent on the human rights effects of the proposal. The Meijers Committee recommends that these effects are explicitly taken into account in the debate and vote on the proposal which probably will take place in January.

EU: Council of the European Union: Common procedures for international protection, Reception of asylum-seekers, Visa safeguards

– Asylum Working Party: Outcomes: Amended proposal for a Directive on common procedures for granting and withdrawing international protection status (Recast) (165 pages, pdf). There are still 230 reservations by Member State governments.

– Amended proposal for a Directive laying down standards for the reception of asylum seekers (Recast) (85 pages, pdf): There are still over 100 reservations by Member State governments.

– 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 (pdf)

– UK government letter to MEPs on JHA Council (pdf)

EU: EUROSUR: European Commission: Proposal for a Regulation Establishing the European Border Surveillance System (EUROSUR) (pdf)

EU: European Asylum Support Office: Work Programme 2012 of the European Asylum Support Office (pdf)

European Commission: Communication on enhanced intra-EU solidarity in the field of asylum An EU agenda for better responsibility-sharing and more mutual trust (COM 835, pdf)

“In its latest Communication on asylum in Europe, the Commission calls for “less talk and more solidarity”. Some measures may appear as favourable to migrants (e.g. the call for a reform of Dublin II directive, more sensitivity to international protection aspects during Frontex operations). However a whole set of measures reflects a position whereby migrants seeking protection are seen as a threat and where solidarity schemes apply to Member States rather than people seeking protection. A culture of disbelief towards people seeking protection and “mixed flows” transpires: deployment of civil protection mechanisms to address exceptional migration flows, a mechanism usually used in the case of major emergencies or disasters; the end of the European Refugee Fund to be replaced by the Asylum and Migration Fund after 2013, as well as the argument that the Temporary Protection directive was never activated so far “because the Union has not found itself in a situation of mass influx of displaced persons since the Kosovo refugee crisis of 1999”.

EU: Migreurop: A critical Chronology of European migration policies (pdf) produced by Alain Morice (CNRS-Université Paris-Diderot), Migreurop member. 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.

The prospects of this process are the unfair detention, repression and wandering of a growing number of would-be migrants. The chronology suggests that, should this trend continue to prevail in the future, we are heading towards a system enforcing the assignment of compulsory places of residence for third-country nationals, that is, a new version of apartheid on a worldwide scale in which camps will be in charge of keeping at a distance populations that have been rejected on both sides. Text in French (Link), Spanish (link) and Italian (link)

EU: Another EU database for migrants: the European Criminal Records Information System on Third-Country Nationals

With the European Criminal Records Information System (ECRIS) due to come into operation as of April 2012, the European Commission are now developing the latest in a long list of EU-wide information systems and databases – a European Criminal Records System for Third Country Nationals (ECRIS-TCN). This will be a common European index containing the criminal record information of third-country nationals resident in the EU. As the name suggests, the ECRIS-TCN is essentially an addition to the ECRIS (although information is only exchanged via the ECRIS on EU nationals). It also differs in that it will rely upon a centralised index, rather than the connection of decentralised national registers.

The Moroccan and Spanish law enforcement agencies are complicit in the violence against migrants

– Allegations that they are endangering security and life in the vicinity of Ceuta
– Statement by GADEM [Groupe antiraciste d’accompagnement et de défence des étrangers et migrants] 25/11/2011

UK: Asylum Aid-UNHCR: Mapping statelessness in the UK (Executive Summary, pdf) and Full-report (pdf)

France: Criticism of the law on immigration, integration and nationality of 16 July 2011

Cimade, a French migrant support organisation, has produced a critical analysis of the new immigration law entitled “law on immigration, integration and nationality” approved on 16 July 2011, which highlights that its key objectives are “surveillance, detention, expulsion and banning”. Its three driving purposes are identified as:

– developing the mechanisms for the detention and surveillance of foreigners
– considerably reducing procedural guarantees to enable the removal of “unwanted” foreigners in contempt for their human rights and freedoms
– banning people from French territory following expulsion, applicable to everyone who is expelled and very difficult to act against.

EU: Council of the European Union: Dublin II early warning system, visa lists, European Investigation Order:

– Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) – A process for early warning, preparedness and management of asylum crises (pdf)

– Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (pdf)

– Outcomes: 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 (pdf)

– Presidency proposals on above (pdf) Note there are still over 40 Member State reservations.

ITALY: Pro Asyl report: The Living Conditions of Refugees in Italy (link):

“”This report documents the extremely difficult living conditions of asylum seekers and persons with protection status in Italy. This documentation focuses on the situation in Rome, however, similar problems are known to exist in other Italian cities. […] Until Italy complies with its obligations, we hope this report will help to persuade other EU countries to refrain, for the time being, from deporting refugees to Italy. This has already been directed by some German courts, for example the administrative courts in Darmstadt, Cologne, Weimar, Kassel, Frankfurt and Minden, and by the European Court of Human Rights (ECHR). We are not alone in finding that the conditions for refugees in Italy are degrading. Other refugee and human rights organizations have come to the same conclusions.”

EU: Migreurop Press Release: Our ideas are much better than your destructive policies (link), French, Italian and Spanish

“The two latest reports by Frontex show that joint surveillance operations with countries neighbouring the European Union (EU) are still a priority for its member states. The externalisation of migration controls at the borders of the EU continues, and it has resulted in many migrants being deported.”

EU: European Commission: Green Paper on the right to family reunification of third-country nationals living in the European Union (Directive 2003/86/EC) (COM 735, pdf)

EU: Council of the European Union: Asylum Procedures Directive and Early Warning System:

– Amended proposal for a Directive on common procedures for granting and withdrawing international protection status (Recast) (158 pages, EU doc no: 12579, pdf) Over 250 Member State Reservations
– As above (162 pages, EU doc no: 15381, pdf). Still over 200 Member State reservations
– A process for early warning, preparedness and management of asylum crises/ Suggestions from the Presidency and the incoming DK Presidency (pdf)

EU: Council of the European Union: Intra-Corporate Transfer for third country nationals:

– Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (50 pages, EU doc no: 15045, pdf) With 142 Member States Reservation footnotes with multiple objections.
– As above (pdf) (36 pages, EU doc no: 15075, pdf). Council Presidency compromise proposals

EU: Council of the European Union: Asylum reception conditions:

– Amended proposal for a Directive laying down standards for the reception of asylum seekers (Recast) (61 pages, EU doc no: 13102, pdf). Council Presidency proposals
– As above (EU doc no: 14178, 81 pages, pdf). Response of the Council Working Party on Asylum to Presidency proposal above
– As above (EU doc no: 15254, 71 pages, pdf). Further set of Council Presidency amendments
– Austrian delegation: Asylum Working Party: Amended proposal for a Directive laying down standards for the reception of asylum seekers (EU doc no: 15628, pdf). Would allow for lot more detention of asylum-seekers, in particular unaccompanied minors

See also: – Key cases of the European Court of Human Rights (ECtHR) and of the Court of Justice of the European Union relevant to the proposal for a revised Reception Conditions Directive (EU doc no: 15540, pdf)

EU: Council of the European Union: Schengen Information System/SIRENE: ARTICLE 96 Alerts: Refusal of entry to third country nationals: Draft Council Conclusions on better use of SIS and SIRENE for the exchange of information on third-country nationals refused entry (pdf). These Draft Conclusions are based on this: Analysis of practical problems connected with alerts issued pursuant to Art. 96 of the CISA, i.e. reservations regarding aliens (pdf)

The Analysis shows that just five Member States are responsible for 83% of the people listed to be refused entry: Italy 319,632 (45,147%), Germany 89,196 (12,599%), Greece 74,780 (10,563%), Spain 50,160 (7,085%) and France 49,583 (7,004%)

SPAIN: Detained Immigrants “Are Treated Like Criminals” (IPS, link)

EU: European Commission: European Migration network Status Report 2010 (pdf)

EU: European Commission: Communication: Smart borders – options and the way ahead (pdf) and Press Release (pdf). This deals with border controls for third country national entering and exiting the EU (with or without visas). The Commission opts for a combination of an Entry-Exit System (ESS) and the Registered Travellers programme. Biometric checks (fingerprints or digital face images) will be introduced for the Exit Entry System after a transitional period and a combination of a “token” and central database for the Registered Travellers Programme.

The Communication contains the interesting admission that the object is to track down visa “overstayers” and that:

“This is a real problem as overstayers are the main source of irregular migration in the EU.”

Council of Europe: Parliamentary Assembly: Undocumented migrant children in an irregular situation: a real cause for concern (pdf)

EU: FRONTEX REGULATION DECLARATIONS: Proposal for a Regulation of the European Parliament and the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (first reading) – Adoption of the legislative act (LA + S) =Statements (pdf)

EU: Council of the European Union: Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (Recast) (pdf) The Council’s position lowers standards regardingdetention and legal aid as compared with the existing Directive.

EU: Statewatch Analysis: Court of Justice:The NS and ME Opinions -The Death of “Mutual Trust”? (pdf) by Steve Peers, Professor of Law, University of Essex

“The key arguments in the opinions are that (a) there is no complete ‘opt-out’ from the Charter for the UK and Poland, although the effect of the Charter might be limited for those States as regards social rights; and (b) despite the Dublin system, asylum-seekers cannot be sent to a Member State where there is a serious risk that their Charter rights will be violated.

The Opinions would mean the end of the concept of absolute mutual recognition of other Member States’ decisions in EU Justice and Home Affairs law, as they would confirm that Member States cannot automatically rely on ‘mutual trust’ that other Member States will observe human rights.” [emphasis in original]

ECJ Press release: According to Advocate General Trstenjak, asylum seekers may not be transferred to other Member States if they could there face a risk of serious breach of the fundamental rights which they are guaranteed under the Charter of Fundamental Rights (pdf)

EU: Meijers Committee Note to the European Parliament: Proposal for a Regulation amending the Schengen Borders Code (COM(2011)118 final) (pdf)

.Human Rights Watch report: The EU’s Dirty Hands: Frontex Involvement in Ill-Treatment of Migrant Detainees in Greece (link):

“This report assesses Frontex’s role in and responsibility for exposing migrants to inhuman and degrading detention conditions during four months beginning late in 2010 when its first rapid border intervention team (RABIT) was apprehending migrants and taking them to police stations and migrant detention centers in Greece’s Evros region. The RABIT deployment has been replaced by a permanent Frontex presence. The report is based on interviews with 65 migrants, refugees, and asylum seekers in Greece in November and December 2010 and February 2011, as well as with Frontex and Greek police officials.”

AMNESTY INTERNATIONAL: EU countries failing Libyan refugees stuck in limbo (link): “European countries have shamefully failed to help thousands of mainly African refugees stranded near Libya’s borders, Amnesty International said today in a new briefing paper.”

EU-FRONTEX: European Parliament: GUE/NGL group: New Frontex mandate a “wolf in sheep’s clothing” (pdf): “”We don’t need Frontex but a humanised refugee policy to deal with situations in Africa where people are living in dire conditions, an asylum system based on solidarity and a new neighbourhood policy more in tune with our values.” Speaking after the vote, Marie-Christine Vergiat said “we do not want this Europe, this fortress Europe that gives lessons in human rights and democracy and is unable to reach out and help thousands of refugees. The Parliamentary Assembly of the Council of Europe is currently investigating the deaths in the Mediterranean and the EU will have to account for its own failures.”

and: Green/EFA Group: FRONTEX/EU border control: Half-hearted improvements on human rights protection fall short (Press release, pdf): “The European Parliament today adopted a final compromise revising EU legislation on FRONTEX, the EU’s agency for external border operations. While recognising that the final compromise will bring some improvements, the Greens regret that the revision will fall short of providing necessary guarantees on human rights protection.”

EU: Commission pushes for ‘europeanisation’ of border controls (euobserver, link)

EU: Council of the European Union: Common European Asylum System = State of play/guidance on further negotiations on CEAS (pdf)

EU countries say ‘No’ to commission powers on border control (euobserver, link)

EU: European Commission: Annual report on the activities of the EURODAC Central Unit in 2010 (pdf)

EU: Council of the European Union: High Level Working Group on Asylum and Migration (HLWG) – Summary of discussions (pdf), includes 10 page Annex on: RELEX general overview on Migration from the Presidency.

EU: European Commission: Proposal for amending Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code) (pdf)

Italy/north Africa: Concern over the violation of rights of migrants who were refused entry, expelled, held in detention centres, asylum seekers and foreign workers

A document produced by ASGI (Associazione di Studi Giuridici sull’Immigrazione) raises several concerns over the treatment of migrants who arrived in Italy as a result of political turmoil in the north African countries of Egypt, Libya and Tunisia since December 2010.

France: “The law of France must be respected” : In the past few weeks, the prefecture of Gironde has proved very keen on chasing irregular migrants, sometimes with no respect for the legal procedures and judicial decisions made. This has been criticised by the magistrates’ trade union.

UK: Ending the detention of children for immigration purposes? New “pre-departure accommodation centre” for families almost ready to open

UK: Deaths in detention centres (Free Movement, link): ““[T]he High Court ruled on Friday 5 August in S v SSHD [2011] EWHC 2120 (Admin) that the UKBA had unlawfully detained a man with serious mental illness between April and September 2010 and that the circumstances of his detention at Harmondsworth breached Article 3 ECHR, the right not to be subjected to inhuman or degrading treatment… It is believed to be the first time that a UK court has found detention at an immigration removal centre to have breached Article 3 and the case has been adjourned for the issue of relief and damages to be considered”

Press release (pdf) and Court judgment (pdf)

EU: Council of the European Union: Single permit Directive, Discrimination Directive, Asylum reception conditions, TFTP:

– Early 2nd reading deal: Proposal for a Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State – Political agreement (pdf)

– Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers
(Recast) (including Member State objections, pdf)

UK: Report by the Children’s Commissioner: Landing in Kent: The experiences of unaccompanied children arriving in the UK (pdf)

UK Border Agency: Chief Inspector report: The use of country of origin information in deciding asylum applications: A thematic inspection (pdf)

““The Agency did not produce country information reports for all the countries whose nationals may undergo either the non-suspensive appeals process or the detained fast–track. As a result, people who had no right to appeal before being removed or whose cases were processed very quickly were at particular risk where there were inconsistent approaches to obtaining country information”

“17% of reasons for refusal letters (12 cases) from our file sample showed either the selective use of country information or unjustified assertions based on the evidence available. Over 13% of reasons for refusal letters (7 cases) included country information which was, at best, tangential to the issues relevant to the asylum claim” “The Agency was only able to provide 84 of the 100 files requested and only 42 of these were provided for the original period requested.”

Italian Senate approves illegal migrant repatriation Bill (AGI News, link)

EU: Council of the European Union: Dublin II, IT agency and VIS (VIsa Information System):

– DUBLIN II: Proposal for a Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (pdf)

– VIS – state of play (pdf). See also: Small steps to big brother: the development of the Visa Information System and the Schengen Information System II is back on track

ITALY: African migrants found dead on overcrowded boat bound for Italy (Guardian, link)

ITALY: Italy: Asylum-seekers clash with police (News 24, link)

EU: TURKEY and JHA: UK Home Affairs Select Committee report: Implications for the Justice and Home Affairs area of the accession of Turkey to the European Union (116 pages, pdf)

NETHERLANDS: Dutch town enacts own migrant rules (euractiv, link): “Vaals, a town of 10,000 inhabitants in southeast Netherlands, is introducing special rules banning the right of residence of foreigners including EU nationals without the financial means to sustain themselves. The Commission said it would examine the decision closely.” See: EU Directive on the right of free movement (2004, pdf)

EU: ACP-EU COTONOU AGREEMENT:African, Caribbean, and Pacific Group of States: Report on the dialogue on migration and development (pdf)

UK: Restraining technique used by officials ‘increases risk of death – ‘Researchers say volunteers who were restrained while leaning forward in a seated position reported being unable to breathe (Guardian, link) and See: Medicine, Science and the Law (link)

EU: Council of the Euopean Union: Questionnaire on the coordinated deployment of document advisers – Analysis and recommendations (pdf)

EU: Council of the European Union: Council Conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration, adopted by the Justice and Home Affairs Council, 25-26 February 2010 (pdf). These documents concern the implementation of the Council Conclusions:

– Final report and recommendations of Project Group “Measure 6” (EU doc no: 7942-REV 2-11, pdf): “The objective of this Project Group “Measure 6” is: “To improve the collection, processing and systematic exchange of relevant information between FRONTEX, other EU Agencies and Member States”.”

– Implementation of Council Conclusions on 29 Measures for reinforcing the protection of the external borders and combating illegal immigration: analysis of the replies to the questionnaire on “MS needs and capacities regarding Common Pre-Frontier Intelligence Picture (CPIP)” (12542-11, pdf)

– Analysis of the replies to the questionnaire on “MS needs and capacities regarding Common Pre-Frontier Intelligence Picture (CPIP)” – Compilation of replies (EU doc no: 12542-ADD1-11, 119 pages, pdf)

EU: Statewatch Analysis: The revised directive on Refugee and Subsidiary Protection status (pdf), by Steve Peers, University of Essex:

“The Council and European Parliament have apparently agreed a “first-reading” deal on revising the EU’s Directive on the definition and content of refugee and subsidiary protection status (the “qualification Directive”). Taken in isolation, the new rules are a modest improvement on the existing legislation. But seen in a broader context, they leave untouched the more troubling aspects of the EU’s regime on asylum and border control….

Addressing [one of the main] problems will require either an effective system for suspending transfers to Member States which fail to apply the EU’s rules, or a profound rethink of the processes used to ensure that Member States apply EU law in practice.”

EU: Statewatch Analysis: The Frontex Regulation – Consolidated text after 2011 amendments (33 pages, pdf) by Steve Peers, Professor of Law, University of Essex

EU: Council of the European Union: Informal Justice and Home Affairs Council, Sopot, Poland, 18-19 July 2011:

– The Future of the Schengen Area (pdf)
– Moving ahead in the negotiations on the Common European Asylum System (pdf)
– Smart borders in the Schengen space (pdf)

EU: Statewatch Briefing: ECRE recommendations to the forthcoming Polish Presidency: Call for a harmonised and upgraded Common European Asylum System (pdf)

EU: Statewatch Analysis: “A radically changing political landscape in the Southern Mediterranean”? The Dialogue for Migration, Mobility and Security with the Southern Mediterranean countries (pdf) by Marie Martin:

“The strategy of using the voice of the people on the other side of the Mediterranean to legitimate its policy does not convince anyone: the externalisation of border controls and the management of migration flows remains the top priority on EU’s agenda, far ahead of human rights considerations.”

EU: Council of the European Union: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) – Analysis of the final compromise text with the view to agreement (pdf). This final version refers to changes in the original: Commission Proposal(pdf).

This final “compromise” is the result of six secret 1st reading trilogues between the Council and the European Parliament.

This Council report sets out the next stages with the Commission to carry out a feasibility study on the creation of a “European system of border guards” and to analyse whether to rename “RABITS”, “European Boarder Guard Teams”.

EU: Council of the European Union: Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (recast) – Examination of draft compromise text (pdf). Likely to be agreed by COREPER 7 July.

EU: Council of the European Union: Implementing the infamous Returns Directive: Questionnaire on defining the conditions under which an entry ban can be imposed and the means by which Member States can have rapid access to information on an entry ban (pdf). See: Statewatch Analysis (pdf) and Against the Outrageous Directive (pdf)

EU: Council of the European Union: Polish, Danish and Cyprus Presidencies: JHA External Relations – Trio Programme (pdf): includes JAIEX mandate and says: “indicates tasks for several Council working parties that will be involved in achieving the goals concerning external relations within the JHA area. JAIEX will contribute to this process mainly by facilitating the exchange of information and providing a forum for strategic and horizontal reflections.”

UK: Readmission Agreements (Migreurop, French, text in English, link)

ECHR: UK JUDGMENT: European Court of Human Rights judgment: The United Kingdom would violate human rights of two Somali nationals if it returned them to Mogadishu (Press release, pdf) and Judgment: Full-text (pdf):

“The case concerned a complaint by two Somali nationals that they risked being illtreated or killed if returned to Mogadishu. There are currently 214 applications about returns to Somalia pending against the United Kingdom before the European Court of Human Rights.”

EU: Joint contribution of the German, French and United Kingdom delegations regarding the proposals for a directive laying down standards for the reception of asylum seekers and for asylum procedures (pdf) These three EU Member States “lay down the law” for Commission proposals and say:

“So far as the Reception Conditions Directive is concerned, the new proposals should contribute to the good management of the problem of asylum, in the context of the rise in intake, and should not make claiming asylum more attractive or increase costs on Member States.”

EU: Council of the European Union and the European Parliament reach 1st reading deal on amending the FRONTEX Regulation, simultaneous press releases issued: Council: Strengthening the European external borders agency Frontex – Political agreement between Council and Parliament (pdf) and European Parliament: Frontex border guard teams and fundamental rights (pdf)

See: Multi-column document showing the positions of the Commission, Council, the European Parliament and the “compromise” position in 1st reading trilogue discussions: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 11475-11, 133 pages, 10.6.11, pdf)

UK deportations to Iraq contravene UN advice  

The week from 20-26 June is Refugee Week, celebrated by many people across the UK, including a wide number of voluntary and refugee organisations seeking to “discover and celebrate the contributions refugees bring to the UK”. 2011 also marks the 60th anniversary of the signing of the UN Convention on Refugees. Damian Green, the Immigration Minister, recently attended a Refugee Council event in Sheffield where he spoke of Britain’s “proud tradition of helping those who need our protection and of giving genuine refugees the support they need to start a new life in the UK”. However, the proposed deportation of over 70 Iraqi nationals indicates that the asylum system in the UK continues to violate the rights and dignity of many of those individuals subject to it.

See also: Blockade of Heathrow detention centre to stop Iraq deportation flight (Indymedia, link)

Italy/Libya: ASGI questions the lawfulness of Italy’s agreement with the NTC – Serious doubts about the lawfulness of the agreement between the government and the Libyan NTC

“First of all, we regret that the text of such an agreement was not released to the public. From press dispatches, it appears that it provides a clause according to which “the parties will proceed to enact reciprocal assistance and cooperation in the fight against illegal immigration, including the repatriation of immigrants whose situation is irregular”.

Secondly, it is evident that, as it is an agreement of a political nature, it can certainly not be concluded in a simplified form, but must first be submitted to the Chambers [of parliament] for approval of the law authorising its ratification in application of art. 80 of the Constitution.”

EU: FRONTEX: Council of the European Union: Multi-column document showing the positions of the Commission, Council, the European Parliament and the “compromise” position in 1st reading trilogue discussions: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (106.11, pdf)

See also on Frontex: 11475-11 (pdf) and 11761-11 (pdf)

EU: SCHENGEN BORDER CONTROLS: European Parliament: Amendments 24 – 93: Draft report Carlos Coelho: Proposal for a regulation of the European Parliament and of the Council on the establishment of an evaluation mechanism to verify application of the Schengen acquis (pdf): The various proposals for art. 13b and 13c (amendments 84-87) provide for different suggested mechanisms for re-imposing internal border controls.

See also: European Parliament: Plenary session debate, 10 May 2011: Migration flows and asylum and their impact on Schengen (debate) (pdf) and EU: Members states reluctant to let Brussels get a look in on border controls (euobserver, link)

EU-FRONTEX: The Council of the European Union rejects most of the calls by the European Parliament to protect fundamental rights in the proposed changes to the Regulation governing Frontex: Proposal for the amendment of Frontex Regulation – Presidency’s compromise proposals on LIBE amendments regarding Fundamental Rights issues and democratic scrutiny (pdf)

Among the LIBE Committee amendments rejected by the Council is: “EP Amendment 32 [which] reads as follows:

“The Agency shall suspend joint operations, rapid border intervention missions and pilot projects where fundamental rights or international protection obligations have been violated.”

Considering that the majority of delegations is not in favour of this amendment, the Presidency proposes not to accept it in the context of the negotiations with the European Parliament on the package on Fundamental Rights issues.” (emphasis added)

And see multi-column document showing the state of the discussions between the Council and the European Parliament in the “secret” 1st reading “trilogue” meetings – showing: Commission proposal, Current Council position, Civil Liberties Committee (LIBE) and “compromise” amendments: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (125 pages, EU doc no: 10696-11, pdf)

EU: Council of the European Union: Intra-corporate transferees and Seasonal workers:

– Intra-corporate transferees: Latest text with over 100 reservations by Member states: Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (pdf)

– Intra-corporate transferees: Council Presidency’s: Revised response (pdf)

– Seasonal workers: Latest text with over 100 reservations by Member States: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf) and Proposed changes from the Council Presidency (pdf)

EU: Council of the European Union: Readmission, migration and travel documents

– Readmission: Draft Council Conclusions defining the European Union strategy on readmission (pdf) and earlier draft: Communication from the Commission to the European Parliament and the Council on the Evaluation of EU Readmission Agreements – Draft Council Conclusions on the EU strategy on readmission (pdf)

– Migration: Draft Council Conclusions on Borders, Migration and Asylum (pdf)

– Travel documents: multi-column “trilogue” between the Council and the European Parliament nearing 1st reading deal: Draft Decision of the European Parliament and of the Council on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list (pdf)

EU: TRAFFICKING: Council of the European Union:

– Action-Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings – first implementation report/update of information on Member States’ external action (164 pages, pdf). Contains detailed of action taken Member State by Member State.

– Adoption of draft Council Conclusions – “Targeting developing forms of trafficking in human beings in the EU Member States” (pdf)

EU: SINGLE PERMIT FOR THIRD COUNTRY NATIONALS: Multi-column documents covering the Council and European Parliament “trilogue” discussion on the: Proposal for a Directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (pdf) Gives the original Commission proposal, the Council and parliament positions and the “Compromise” positions.

EU: European Commission:

– Proposal for a 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 (COM 290, pdf)

– Annual Report on Immigration and Asylum (2010) (COM 291, pdf)

– Staff Working Paper: Accompanying the document: Annual Report on Immigration and Asylum (2010) (SEC 620, pdf)

EU: Joint Communication from the Commission and the High Representative: A new response to a changing Neighbourhood (pdf) including “Intensifying our political and security co-operation” and “Migration and mobility”, hence see also: European Commission: Southern Mediterranean: towards a new era of dialogue and partnership (pdf). When the Commission talks about “dialogue and partnership” you know it is really about “security” and “migration”.

EU: European Commission: Southern Mediterranean: towards a new era of dialogue and partnership (pdf). When the Commission talks about “dialogue and partnership” you know it is really about “security” and “migration”.

EU: Visas to be re-introduced for Western Balkan countries (euractiv, link): “The European Commission said it will propose tomorrow (24 May) to reintroduce visas for Western Balkan countries whose citizens abuse the system. The measure will punish countries such as Serbia and Macedonia for failing to stop their citizens from taking advantage of visa-free travel rights to request asylum once they reach one of the EU’s 27 member states.”

EU-LIBYA: Medecins sans Frontieres: Europe must accept the boat people fleeing Libya: MSF criticizes inconsistent European policies claiming to protect civilians by engaging in a war while closing its borders to them (Press release, pdf) and Open Letter (pdf)

EU/Africa: Criticism as migrant death toll reaches 1,000

Following a series of shipwrecks and deaths, as well as reports in the Guardian newspaper about the failure to rescue migrants in boats or dinghies that are adrift by ships and patrols deployed in the Mediterranean by NATO and the EU to stop migrants reaching Europe, Migreurop has issued a press release to mark the fact that over 1,000 people have died in this context since January 2011.

EU-DENMARK: Statement by Cecilia Malmström, EU Commissioner for Home Affairs, on the announced permanent customs controls in Denmark (pdf)

EU: While the European left dithers, the right marches menacingly on – Immigration: The longer the left’s response is confused, the more the populist right begins to make xenophobia acceptable (The Observer, link)

EU: DENMARK – BORDER CONTROLS: Letter from President of the Commission to the Danish Prime Minister (13 May 2011, pdf). A legal analysis “raises important doubts about whether the proposed measures, if implemented in the “intensive and permanent” way that has been announced, would be in line with Denmark’s obligations under European and international law..”

UK: The Independent Chief Inspector of the United Kingdom Border Agency has released two reports:

– Preventing and detecting immigration and customs offences: A thematic inspection of how the UK Border Agency receives and uses intelligence (pdf)
– A short-notice inspection of a UK Border Agency Arrest Team (Croydon) (pdf)

The first report criticises the agency on a number of grounds, namely that the agency failed to monitor the outcome of intelligence received; that “intelligence assessments did not take into account the quality of decision making when seeking ministerial authorisations to discriminate”; and that different staff follow different methods for identifying people or vehicles to be searched at ports of entry, with no analysis of which of these methods worked best. The second report focuses chiefly on “the police-like powers of arrest and the associated powers of entry, search and seizure,” noting that “there was significant non-compliance with the UK Border Agency’s policy and guidance”.

Press coverage of the reports: UK Border Agency criticised over intelligence use (BBC news, link) and Immigration team sent to detain woman was not told she was pregnant (The Guardian, link)

EU-PNR: Passenger Name Records: UK opt-in (pdf) and Statement in House of Commons (pdf) See also: Ireland opt-in (pdf)

European Parliament: Plenary session debate, 10 May 2011: Migration flows and asylum and their impact on Schengen (debate) (pdf)

EU: Members states reluctant to let Brussels get a look in on border controls (euobserver, link)

EU: Justice and Home Affairs Council: 15 of the EU’s 27 Member States backed: EU consensus to revamp Schengen travel area (ebusiness, link): On the one hand: “”There was a clear position from every minister: the free movement of people is one of the Union’s key achievements and we have to maintain and safeguard this,” and on the other hand: “to spell out a mechanism allowing a state to reopen border posts in case of a sudden surge in migration, or should another EU state be shown to be unable to control its frontier with non-EU nations.”

DENMARK: BORDER CONTROLS: Press stories: Denmark chided for Schengen move (European Voice, link), includes: “In the afternoon, Malmström [Commissioner] chaired a conference to discuss national governments’ pledges to provide temporary protection to people fleeing the civil war in Libya who are currently stranded in Malta. The UK announced before the conference that it will not admit any refugees from north Africa…” (emphasis added) Background: Denmark steps up border controls (AP, link). See: European Parliament: ALDE Press Release: ALDE criticises the re-introduction of internal border checks in Denmark (pdf)

EU: Statewatch Analysis: Commission Communication on migration: Adapting the Schengen Border Code (pdf) by Chris Jones.

On 4th May 2011, the European Commission published a new Communication on Migration. In light of the on-going political turmoil in North Africa and the subsequent impact on southern EU member states – notably Italy and Malta – the Communication outlines current and future proposals with regard to migration issues. However, it is not limited to policy areas affected by the situation in North Africa, and is in fact a vehicle for demanding a range of political and institutional changes at both EU and Member State level.

EU: Historical documents: Council of the European Union: Member State national answers to: Questionnaire on the possible creation of a system of electronic recording of entries and exits of third country nationals in the Schengen area (EU doc no: 8552/09, April 2009, pdf) plus: Responses from France, Cyprus and Finland (8552/09 ADD 1, pdf), Responses from Bulgaria, France, Italy, Portugal, Iceland and Norway (8552/09 ADD 2, pdf) and Response from Greece (8552/09 ADD 3, pdf)

EU: European Parliament: MEPs suspicious about Schengen rules review (Press release, pdf): “The European Commission’s announcement that it is considering a temporary reintroduction of checks at the EU’s internal borders, at the request of Italy and France, prompted concern among Civil Liberties Committee MEPs on Monday. MEPs say that Schengen must not be weakened and that all internal border checks should be strictly justified.”

See also: Commission to propose changes to Schengen rules (European Voice, link)

GREECE: NGO “AITIMA”: Asylum seekers are put in jail! (pdf):

“The police authorities, punishing with imprisonment everyone who is trying to practice his/her right to apply for asylum, are basically demolishing such entitlement. This practice is a cruel violation of human rights of the refugees. The rights of the refugees are ratified in the international conventions and therefore compel our country.”

EU: Council of the European Union: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf)

EU: Council of the European Union: – Final report and recommendations of Project Group “Measure 6” (EU doc no: 7942 rev 1, pdf): “29 measures for reinforcing the protection of external borders and combating illegal immigration (6975/10), the Project Group on Measure 6 has produced its final report.”

EU: SCHENGEN: France and Italy propose reform of EU border rules (euobserver, link) and see: Full-text of letter to the Council and Commission (French, pdf)

EU: There is not one single minute to lose, there is not one single further life to lose (link): !In the night from the 4th to the 5th of April has happened the latest (and possibly the worst in recent history) of ship-wracks in this Mediterranean Sea that is more and more becoming an open sky cemetery. 250 young lives have been swallowed by waves: what rescues teams have seen is so horrible that it cannot be described by words. Should it be possible adding horror to horror, we shall go and see who these young people were and which life stories they brought with them.”

EU: Council of the European Union:

– Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (Doc no: 8485/11, pdf)

– (LIBYA inc. Frontex) Draft Council Conclusions on the management of migration from the Southern Neighbourhood (pdf)

EU: READMISSION: Migreurop: European Commission evaluation of EU readmission agreements. Some comments and questions (pdf) and Evaluation de la Commission européenne sur les accords communautaires de réadmission. Quelques réactions et interrogations (pdf)

Immigrant boat capsizes off Italy; 250 missing (AP, link) and Italian rescuer recounts migrant boat “horror story” (Reuters, link)

EU: European Commission: Consular protection for EU citizens in third countries: State of play and way forward (149/2-11, pdf) and Evaluation of EU Readmission Agreements (COM 76-11, pdf)

EU: Council of the European Union: FRONTEX: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (89 pages, EU doc no: 7169/11, pdf).

Very useful summary of the positions of the Council, Commission and European Parliament on the amendments to the Frontex Regulation.

CoE: GREECE: European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) : Public statement concerning Greece (pdf):

“The CPT has emphasised time and again the need to address the structural deficiencies in Greece’s detention policy, and has attempted to exercise its preventive function by recommending practical measures to ensure that all irregular migrants deprived of their liberty are held in decent conditions. However, the Committee has been met by inaction from the Greek authorities in addressing the very serious concerns raised.”

IN THE NEWS: ITALY: Migrants Settle Into Permanent Struggle (Inter Press Service, link); DENMARK: Worst in the West for family reunification (Copenhagen Post, link); ITALY: A day at the temporary immigration center in Lampedusa (Afronline, link); Netherlands: EU warns the Netherlands on Polish deportation plan (Dutch News, link)

GREECE: These hunger strikers are the martyrs of Greece – Asylum seekers willing to die in the face of expulsion after shame and exploitation bear witness to a higher truth than life (Guardian, link) and see: Act Now (link)

GREECE: The Hunger Strikers are in danger (clandestinenglish, link): “The 300 migrant workers have been abstaining from food for 31 days now, since the 25th of January. In Athens and Thessaloniki, we witness fainting episodes all the time, everyday, all day long. More and more often, the situation of some becomes extremely critical, and the strikers are taken to public hospitals.”

EU: European Commission Communication: Evaluation of EU Readmission Agreements (EURAs, pdf): EURAs:

“impose reciprocal obligations on the contracting parties to readmit their nationals and also, under certain conditions, third country nationals and stateless persons. They also set out in detail the operational and technical criteria for this process. In policy terms, EURAs are considered a necessary tool for efficient management of migration flows into the EU…”

The inconsistent application of EURAs [by EU Member States] undermines greatly the credibility of the EU Readmission Policy towards the third countries, which are expected to apply the EURA correctly….”

Future agreements should: “indicate possible retaliation measures by the EU in cases of persistent and unjustified denial of cooperation by the partner country.”

See also:

– Evaluation of EU Readmission Agreements (SEC 209, pdf)
– The aggregated data for the chosen categories gathered by the Commission from the MS on the basis of a questionnaire (SEC 210, pdf)
– Eurostat data (SEC 211, pdf)
– Implementing protocols signed/concluded by the MS under the EU readmission agreements in force (SEC 212, pdf)

FRANCE-IVORY COAST: Anafé – Association nationale d’assistance aux frontières pour les étrangers: An inhumane reflex: France returns Ivorians to their torturers (pdf): “Anafé demands that the French authorities comply with the recommendations issued by UNHCR
and suspend any returns of Ivory Coast nationals to their country.”

Italy/Tunisia: Migreurop press statement on Italy’s reaction to the influx of Tunisians (14 February 2011): LAMPEDUSA: Italia:

L’Europa non deve avere paura della democrazia in nord Africa
Europe does not have to be afraid of democracy in North Africa
L’Europe ne doit pas avoir peur de la démocratie en Afrique du Nord
Europa no debe temer a la democracia en el norte de África

EU: Council of the European Union: Standing Committee on operational cooperation on Internal Security (COSI):Implementing 29 measures to combat illegal immigration:

– Draft Council Conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration (EU doc no: 6435-rev3-10, pdf)
– Follow-up to the Council Conclusions on 29 measures for reinforcing the protection of external borders and combating illegal immigration (EU doc no: 8852-10, pdf)
– COSI’s role as regards the follow-up to the Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration (EU doc no: 9171-10 , pdf)
– Implementation of measure 17 of the Council Conclusions of 25 February 2010 on 29 measures for reinforcing the protection of the external borders and combating illegal immigration – Questionnaire (CM 4701-10, pdf)
– Draft position on Spain’s assumption of the role of lead country in the implementation of one of the Council Conclusions on 29 measures aimed at strengthening the protection of external borders and combating illegal migration – conclusion 4 (EU doc no: 11864-rev2-10, pdf)

EU: Council of the European Union: State of Play: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf)

EU: Council of the European Union: Frontex Programme of Work 2011 (140 pages, pdf). Includes:

“Development of systematic collection of human intelligence from Frontex Joint Operations for risk analysis” (emphasis added) and

“To develop the systematic collection of human intelligence for risk analysis.” (emphasis added). “Human intelligence” is a euphemism for the recruitment of informers and covert sources.

“Exploration and utilisation of social media for intelligence gathering, early warning, opinion mining and trend analysis” (emphasis added) and

“Establishment of an intelligence community in Africa”

EU: Informal Justice and Home Affairs Council, 20-21 January 2011, Godollo, Hungary: Discussion papers:

– Dismantling obstacles to EU citizens’ rights
– Role of the Council in implementing Charter of Fundamental Rights in legislative procedure
– Comprehensive security through border management

Bosnia-&-Herzegovina: Ill-treatments and hunger strike in Lukavica foreigners’ camp (MIgreurop, link)

ECHR: European Court of Human Rights: Press release: Belgian authorities should not have expelled asylum seeker to Greece (pdf) and Full text of Judgment (pdf)

See also: Human rights court deals blow to EU asylum system (euobserver, link): “EU’s asylum system known as the “Dublin regulation” was dealt a blow on Friday (21 January), as the European Court of Human Rights ruled that an Afghan translator should not have been sent back from Belgium to Greece, where he faced degrading and inhuman treatment.”

Sweden Slammed Over Iraqi Deportations (Inter Press Service, link): “Both the United Nations and Amnesty International have criticized Sweden for its latest expulsion of Iraqi migrants who fled their home country to seek shelter in the European nation, citing concerns that violence in Iraq continues to threaten the lives of deported migrants.

EU: New Statewatch Observatory: Council of the European Union: Policymaking through Council “Conclusions”

Germany puts freeze on sending asylum seekers back to Greece (DW-World-DE, link)

Council of the European Union: SCIFA’s role and working methods (pdf)

Italy: Quota for migrant workers to be allowed into Italy issued

On 20 November 2010, the Italian government issued the quotas for the entry of non-seasonal migrant workers in 2010. It lists the number of available places, the nationalities that will have preferential treatment in the form of entries reserved exclusively for them as a result of agreements stipulated with Italy regarding combating illegal immigration into Italy, or which are due to be stipulated.

EU: PICUM’s Main Concerns about the Fundamental Rights of Undocumented Migrants in Europe (pdf): “This report pieces together a year of European, national and local news issues on irregular migration to foster a better understanding of the main concerns of human rights of undocumented migrants as well as the multifaceted ways in which civil society throughout Europe is responding to this situation of social exclusion. It is based on a review of events reported in PICUM’s newsletter during the year 2009.

EU: European Parliament: Draft report: on the proposal for a directive on minimum standards on procedures in Member States for granting and withdrawing international protection (pdf)

EU: Council of the European Union: – Final report on Joint Police Operation HERMES (pdf):

“Operation HERMES was aimed at refining and completing the map of routes used for illegal immigration and smuggling of human beings within the Schengen area together with the non-Schengen Member States… During the second phase, a total of 1900 illegal migrants were controlled in the 22 participating
Member States. 43 % of them were found on a train, 37.3% on the road, 10% on the waterways, 5% of these migrants had the intention of travelling to another EU country by plane and for 4.8% the transport mode was unspecified.”

Archives:

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EU: European Parliament: Residence rights for refugees and people under international protection (Press release. pdf): “Refugees and other beneficiaries of international protection may acquire long-term resident status in the EU, under new rules agreed by MEPs and the EU Council of Ministers and endorsed by Parliament on Tuesday.” (Plenary session).

See also: Statewatch Analysis: Extending EU long-term resident status to refugees and persons with subsidiary protection status (pdf) by Steve Peers, Professor of Law, University of Essex and Positions of national parliaments (IPEX, link)

EU: European Parliament: Parliament approves tougher rules to combat trafficking in human beings (Press release, pdf). See also: Statewatch Analysis: The new Directive on trafficking in persons (pdf) by Steve Peers, Professor of Law, University of Essex and Positions of national parliaments (IPEX, link)

EU Fundamental Rights Agency reports: Separated, asylum-seeking children in European Union Member States Comparative Report (pdf) and Developing indicators for the protection, respect and promotion of the rights of the child in the European Union (pdf)

EU: Issuing visas: Lists of the authorities and organisations to which the persons designated by the Member States to represent them belong (pdf).

EU: Statewatch Analysis: Extending EU long-term resident status to refugees and persons with subsidiary protection status (pdf) by Steve Peers, Professor of Law, University of Essex.

“The European Parliament (EP) and the Council have recently agreed on a Directive to extend long-term resident status to refugees and persons with
subsidiary protection. This Directive is a modest but significant step towards fair treatment of persons needing international protection…

This legislation has been agreed at ‘first reading’ in the ordinary legislative procedure, ie following wholly informal contacts between the EP and the Council which in practice were not at all transparent…. the EP gave up pressing for some of the amendments which it sought in its original vote in 2008 – the softening (for refugees and persons with subsidiary protection) of the conditions concerning integration and the income requirements which Member States can apply before obtaining longterm resident status….

Since the exclusion of refugees and persons with subsidiary protection status from long-term residence status could never be plausibly justified, this new
Directive can only be welcomed. It is unfortunate that it took so long to achieve, and that a greater relaxation of the rules applicable to qualification for long-term resident status was not agreed for refugees and persons with subsidiary protection.”

EU: Statewatch Analysis: The new Directive on trafficking in persons (pdf) by Steve Peers, Professor of Law, University of Essex.

“The European Parliament (EP) and the Council have agreed on the first substantive criminal law measure to be adopted by the EU after the entry into force of the Lisbon Treaty – a Directive on trafficking in persons. The following analysis examines the content of the new measure, the negotiations of the new measure, and the particular position of the UK, which has opted out of the negotiations but could opt in to the Directive at any time after its formal adoption.”

EU: Commission Staff Working Paper: On the fulfilment of the 29 measures for reinforcing the protection of the external borders and combating illegal immigration adopted at the JHA Council meeting, on 25 and 26 February 2010 (pdf)

EUROPE: Report by Border Monitoring Project Ukraine: Access to Protection Denied: Refoulement of Refugees and Minors on the Eastern Borders of the EU – the case of Hungary, Slovakia and Ukraine (pdf)

EU: European Commission report: Study on the feasilibty of establishing a mechanism for the beneficiaries of international protection (144 pages, 2.5 MB, pdf)

UK: Parliamentary Joint Human Rights Committee report: Proposal for the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2010 (pdf)

EU: Migreurop annual report: European borders: controls, detention and deportations (6 MB, pdf) and Introduction (link)

“For its second annual report on the European borders, Migreurop has chosen to emphasize three main steps of the fights led by the authorities against the candidates to migration : the controls of their movements, detention and deportation.

Based on evidences from fact finding missions, the report gives dramatic examples of this war against migrants which implies a general decline of the law protecting the freedom and integrity of human beings.”

EU: European Commission: Proposal for a Decision on the list of travel documents entitling the holder to cross the external borders and
which may be endorsed with a visa and on setting up a mechanism for establishing this list (pdf)

EURODAC: Ten EU governments want law enforcement agencies to have access to the EURODAC database (which holds the fingerprints of asylum-seekers). The Austria demand is backed by Germany, Spain, France, Lithuania, Slovenia, Portugal, Netherlands, Czech Republic and Hungary. See: CATS Outcomes/Minutes (pdf). The Commission put forward a proposed Regulation amending the one in 2000 on EURODAC on 3 December 2008. This was amended in September 2009 and then again in October 2010 (see text below). The latest proposal removes provision on access for law enforcement agencies: See: EURODAC (SEMDOC, link)

The Commission said that: “a proposal for access to Eurodac for the security services had been omitted in this proposal in order to facilitate negotiations with the European Parliament and to speed up the codecision process. A separate proposal for access by the law enforcement services would be presented in 2012.”

European Commission proposal on EURODAC (fingerprint database of asylum-seekers) drops the idea of giving access to law enforcement agencies: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] (Recast version) (pdf)

Earlier coverage: European Data Protection Supervisor: Law enforcement access to EURODAC: EDPS expresses serious doubts about the legitimacy and necessity of proposed measures (Press release, pdf) Full text of Opinion (pdf): “The analysis leads to the conclusion that the necessity and proportionality of the proposals, which are both crucial elements to legitimate privacy intrusion, are not demonstrated. As a result, the EDPS has serious doubts whether the proposals are legitimate and whether legislative instruments should be adopted on this basis.” (emphasis in original)

See also: Standing Committee of experts on international immigration, refugees and criminal law (Utrecht) submission to the Commission on: Proposal to give law enforcement authorities access to Eurodac (pdf) and Developing the European surveillance society: German proposal on police access to Eurodac data. Statewatch analysis of EU plans to give police access to central EU fingerprint database of asylum applicants and “illegal” entrants.

EU: European Commission: Sixth report on certain third countries’ maintenance of visa requirements in breach of the principle of reciprocity (pdf)

“When addressing the other remaining cases of non-reciprocity, i.e. as regards the U.S. (visa requirement for Bulgaria, Cyprus, Romania and Poland) and Canada (visa requirement for Bulgaria and Romania), the EU is confronted with the limits of its reciprocity mechanism as set out in the current acquis. In these cases indeed Member States are considered by third countries not to meet objective criteria for visa waiver set out unilaterally by these third countries in their domestic legislation (e.g. not issuing biometric passports, not meeting thresholds set for visa refusal and/or overstay rates).” (emphasis added).

Declaration of the Europe Working Group – People’s Global Action on Migration (Transnational Institute, link)

EU: European Court of Justice: A person can be excluded from refugee status if he is individually responsible for acts committed by an organisation using terrorist methods (Press release,pdf): “The sole fact that a person has been a member of such an organisation cannot mean that he is automatically excluded from refugee status” and Full-text of judgment (pdf)

Seasonal Workers – EU institutions state of play (European Area of Security Freedom and Justice, link)

ITALY-EGYPT: Amnesty International calls for an end to mass expulsions Following the expulsion to Cairo of 68 migrants of the 131 who were intercepted in a boat by the Italian authorities off the coast of in Sicily on 26 October 2010 in a charter flight on the following evening, Amnesty International issued a press release on 29 October 2010. This claims that:”this mass expulsion appears to have been carried out without consideration of people’s right to claim asylum and in violation of Italy’s obligations deriving from international law and standards on the matter of refugees and human rights”.

EU: Council of the European Union: Common European Asylum System – State of Play (pdf)

UK-FRANCE: Coalition government signs Declaration on “illegal” immigration: UK-France Summit 2010 Declaration on Immigration (pdf).

Interestingly the Declaration (p2) refers to decisions made at the G6 meeting in Italy in May 2010 including “strengthened operational cooperation between European and American police forces to optimise intelligence and the coordination of operations designed to dismantle illegal immigration networks.” [emphasis added]

Background: G6 Interior Ministers + USA to meet in secret in future: The G6 meetings of Interior Ministers is comprised of France, Germany, Spain, Italy, Poland and the UK – the meetings in September 2008 and March 2009 were also attended by the US Secretary of Homeland Security. At the G6 meetings in March 2009 it was agreed that: “No formal conclusions would be issued after meetings.”

EU: European Parliament study: Readmission policy in the EU (pdf): Argues that readmission policy has become part of a matrix of external policy demands and that in these cicrumstances it is “reasonable to warn the European Parliament about future guarantees, aimed at ensuring the safety of persons readmitted to a country that has no effective asylum system. Such guarantee can hardly be taken seriously.” And that: “the call of the Council of Europe to:

“conclude readmission agreements only with countries that comply with relevant human rights standards and with the 1951 Geneva Convention, that have functioning asylum systems in place and that protect their citizens’ right to free movement, neither criminalising unauthorised entry into, nor departure from, the country in question.”

cannot be dismissed offhand, above all following the incorporation of the Charter of Fundamental Rights of the European Union into the Treaties.”

EU: Legal paper by Marie Diop: Unaccompanied Minors’ Rights within the European Union: Is the EU Asylum and Immigration Legislation in linewith the Convention on the Rights of the Child? (120 pages, pdf)

EU: Drones may Track Migrants (Inter Press Service, link). “The notice appeared quietly on the website of Frontex, Europe’s agency to fight undocumented migration. It called for expressions of interest in demonstrating “Small UAVs (Unmanned Aerial Vehicles) and Fixed systems for Land border surveillance” at its workshop.”

EU sending 175 armed guards to Greek-Turkish border (euobserver, link): “One hundred and seventy five armed border guards from 25 European countries are to be deployed next Tuesday (2 November) on the Greek-Turkish border for a mission of two months, in a bid to help Athens stem the inflow of undocumented migrants, a move causing concern in the UN’s refugee body…. The United Nations refugee agency (UNHCR) expressed concern about the border crackdown on migrants who may be entitled to asylum. In a statement, the UNHCR said it recognises the need for control of the EU’s external border but warned that “asylum needs should not be compromised.””

People entering the EU have the right to claim asylum, it will be interesting to see how many are allowed to do so during this operation.

See: Frontex: Frontex Executive Director signs decision to deploy RABITs (pdf), Frontex to deploy 175 specialist border control personnel to Greece (pdf), Frontex deploys Rapid Border Intervention Teams to Greece (pdf) and Frontex Press Kit: Rapid Border Intervention Teams (pdf)

EU: Entry visas for Albania and Bosnia-Herzegovina : 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 (pdf), Background Note (pdf). This proposal moves the two countries from the list of those needing a visa for entry to the EU. Visa-free travel is available to those holding “biometric passports”. The UK has opted out.

and see: Commission statement (pdf) which says: “Emergency consultation arrangements will be introduced so that the European Union and its Member States can, in cooperation with the authorities of the countries concerned, react in the best possible conditions to any specific difficulties which might arise with flows of persons from the countries of the Western Balkans.”

Update: ITALY-EGYPT: Over half the migrants who arrived in Catania deported in under a day

As ASGI feared in its statement on 27 October 2010, the explanation for the treatment reserved to the 131 migrants who arrived from Egypt on 26 October 2010 in Catania, held in the PalaNitta sports hall in the outskirts of town without UNHCR or other organisations authorised to provide legal assistance or to monitor their treatment being allowed to visit them, arrived in the evening of the following day when the interior ministry issued a press release that triumphantly announced the expulsion of 68 of them to Egypt.

EU: UK House of Lords Select Committee on the European Union: Subsidiarity assessment: admission of third country nationals as seasonal workers (pdf):

“We recommend that the House of Lords should issue the reasoned opinion set out below to the effect that the draft Directive does not comply with the principle of subsidiarity; and should send it to the Presidents of the European Parliament, the Council and the Commission, in accordance with the
provisions of the EU Treaties.”

FRANCE-ROMANIA: Agreement to repatriate unaccompanied Romanian minors ratified

As the French government announced in the wake of president Sarkozy’s controversial statements about Roma people and illegal camps in July 2010, presenting it as one of the key points in its plan to tackle the problem, the French Assemblée Nationale (the lower house of parliament) ratified the bilateral agreement for the return of unaccompanied Romanian minors to their home country on 7 October 2010

EU: European Commission: Report on the development of the VISA information system (VIS) in 2009 (submitted in response to the obligation under Article 6 of Council Decision 2004/512/EC) (pdf). Confirms that the VIS database (holding the details and fingerprints of visitors to the EU) was not launched in December 2009 as planned but is now expected to start in December 2010.

ITALY: Press Release: ASGI asks for the rights of the migrants and refugees who landed in Catania to be respected

“ASGI expresses deep concern over the development of events concerning the management by the law enforcement agencies of the arrival of 128 foreigners, several of whom are minors, on 26 October at around 12 o’clock on the coast near Catania. The way in which the intervention took place when the fishing boat laden with migrants was blocked at sea and the use of force in this context remain unclear.

It appears that all the foreigners have been placed in police custody and are held in a makeshift structure in a sports hall that is located in the outskirts of Catania.”

EU-GREECE: EU sends border guards to Greece (European Voice, link): “Rapid-response teams to help tackle flow of migrants. The European Commission has sent rapid-response teams of national border guards to help Greece deal with an influx of illegal migrants via Turkey. This is the first time that the Rapid Border Intervention Teams operated by Frontex, the EU’s border management agency, have been used since they were set up in 2007. The Greek government requested their deployment yesterday (24 October).” See also: UN Special Rapporteur on Torture on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, issued the following statement on his Mission to Greece: UN statement (pdf) and See also: Greek gateway to EU is ‘inhuman and degrading’ (euobserver, link)

European Commission: Report on the application of Directive 2004/81 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (pdf)

EU: Council of the European Union: Council seeking to draw up non-legislative guidelines to extend its “returns” policy to removals by land (generally under the Returns Directive these are by air): Transit by land of returnees (EU doc no: 14541/10, pdf). The Council is seeking: “to find effective solutions to implement voluntary departures in full compliance with legal instruments, such as the Return Directive and without causing excessive administrative burdens.”

The Council’s Contact Committee on the Return Directive proposed drawing up Recommendations for the transit by land of returnees and “A technical working group of interested Member States (CZ, HU, LV, PL, SI), together with the Commission have elaborated such recommendations. These are based on voluntary involvement of Member States and do not imply any legal obligations.”

EU: “State of play”: Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (recast) (Latest Council position: EU doc no: 13718/10. pdf). And see European Parliament: Draft report (pdf): Rapporteur: Jean Lambert MEP.

EU-FRONTEX: Amnesty International (AI) and European Council on Refugees and Exiles (ECRE) : Briefing on the Commission proposal for a Regulation amending Council Regulation (EC) 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf)

EU: European Commission: Recommendation amending the Recommendation establishing a common ”Practical Handbook for Border Guards (Schengen Handbook)” to be used by Member States’ competent authorities when carrying out the border control of persons (C (2006) 5186 final) (COM 5559/10, pdf)

EU: France and Italy press ahead with anti-Roma policies: France: Immigration law amendment to turn expulsion of EU nationals into routine

“Following the controversy that resulted from the large-scale eviction of illegal camps and expulsion of Romanian and Bulgarian nationals from France that have largely targeted Roma people since mid-July, the French government is trying to press ahead with proposals to restrict freedom of movement and facilitate expulsions.”

and Italy: Interior Minister to press for punishment for EU nationals residing illegally

EU: European Parliament draft report to LIBE (Civil Liberties) Committee on: Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (Recast) (pdf) and Commission proposal (pdf). See also Council of the European Union’s position: – Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (June 2010, pdf) and: Council’s position July 2010 (pdf)

EU: European Commission: Report on the application of the Directive on minimum standards on procedures for granting and withdrawing refugee status (COM 465, pdf)

UK-EU: Home Office: Explanatory memoranda:

– Proposed Directive on preventing and combatting trafficking human beings and protecting victims (pdf)
– UK-opt-out of trafficking Directive: Letter (pdf)
– Minimum standards Directive (pdf)

France/EU – Roma: Circulars about operations to evict illegal camps with full-texts of the three circulars:

“The President of the Republic has set some precise goals on the past 28 July, for the eviction of illegal camps; 300 illegal camps or settlements will have to be evicted within three months, among which Roma ones are a priority”.

“In view of the set objectives… in their area of competence, area prefects will ensure the carrying out of at least one important operation (eviction/dismantling/removal) per week, which will primarly concern Roma people”.

EU: The Common European Asylum System: still a long way to go (link)

EU COUNCIL MEETING in Brussels (27 governments): Sarkozy denounces EU commissioner’s Roma remarks (BBC News, link). Background: Commissioner Reding speech: Statement on the latest developments on the Roma situation (pdf) and internal Commission document: The situation of Roma in France and Europe: Joint Information Note from European Commission (pdf)

UK: Home Affairs Select Committee: Follow-up of Asylum Cases and e-Borders Programme: Government Response to the Committee’s Twelfth Report of Session 2009–10 (pdf) and the initial report: UK Border Agency: Follow–up on Asylum Cases and E–Borders Programme (pdf)

UK: Medical Justice: seeking basic rights for detainees: ‘State Sponsored Cruelty’ Children in immigration detention (pdf):

“Medical Justice has performed an essential role in exposing the way in which human rights in the United Kingdom have been trampled underfoot over
the last decade. Their findings are shocking, and their recommendations compelling.”

EU: Council of the European Union: Report to Standing Committee on operational cooperation on internal security (COSI): The Joint Report by Europol, Eurojust and Frontex on the State of Internal Security in the EU (EU doc no: 9359/10, pdf). It contains the statement that an: “estimated 900,000 illegal migrants enter the EU each year.”

Tony Bunyan, Statewatch editor, comments:

“A few years ago a Europol official was put on the spot by the media when asked about “illegal” migration and said that 500,000 “illegal” migrants entered the EU every year. This figure was quoted time and time again. Later this same official admitted that he had simply invented the figure as logically the number of migrants entering the EU undetected was unknown.

Now we have the three leading EU agencies do the same thing, inventing a figure to get headlines. This is not only irresponsible it also fuels racism in the EU.”

EU: France invites handful of ministers to ‘immigration’ summit (euobserver, link). In the midst of a major row over France deporting Roma the following have been invited to attend, the Interior Ministers of Germany, Italy, Spain, Greece and the UK Coalition government. Also see: Stop this state persecution of Roma – France’s deportation of Roma is nothing short of state-sponsored racism. When will the international community stand up for us? (Guardian, link)

Italy to raise EU citizen expulsion policy at September meeting (euobserver, link): “Italy has said it intends to expel citizens from other EU states if they are not able to support themselves, in a move apparently inspired by France’s current crackdown on Roma.” And see: Italy to ask EU for permission to expel Roma (euractiv, link)

EU: Council of the European Union: FRONTEX POWERS: Update: Outcomes (EU doc no: 11843/1/10, pdf). See also: Current Council position (pdf), Outcomes: Working Party on Frontiers/Mixed Committee (Details Member States positions,pdf) and Proposal for a Regulation: amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf)

EU: Council Presidency: Operation Hermes (link): “During the Belgian presidency, the Belgian integrated police will take the initiative to organise a joint operation in a large number of Member States, aimed at mapping the flows of illegal immigration within the European Union.” But:

“Operation Hermes is not limited to mapping flows of illegal immigration. Another important goal of this project is to actively promote and valorise the European police networks Tispol, Aquapol and Railpol. Tispol is a network of European traffic police forces. Aquapol unites the European police and inspection services of the waterways and Railpol brings together the European railway police services.”

EU: Council of the European Union: “State of play” at the Brussels summer break:

– Dublin II: Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (73 pages, pdf)

– High Level Working Group on Asylum and Migration (HLWG): Summary of discussions (pdf), includes state of negotiations on readmissoin and visa waiver agreements.

– FRONTEX POWERS: Current Council position (pdf), Outcomes: Working Party on Frontiers/Mixed Committee (Details Member States positions,pdf) and Proposal for a Regulation: amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf)

EU: Council Presidency: Belgian EU Presidency: Immigration and asylum Programme (pdf)

EU: READMISSION AGREEMENTS with third countries

Italy: Justice of the peace annuls expulsion for Rosarno migrant

On 11 June 2010 in Bari, justice of the peace Rita Calvi annulled the expulsion order issued by the prefect (government representative in charge of security) of Bari on 10 January 2010 regarding a Ghanaian migrant who worked as a seasonal citrus fruit picker and was among those evacuated by authorities from Rosarno in Calabria after the disturbances between locals and African workers that occurred in early January 2010 and led to the wholesale removal of the latter, whose lives were at risk.

EU: Council of the European Union: Latest “State of play”: Proposals on trafficking, granting and withdrawing international protection and “qualifications” for protection:

– Proposal for a Directive on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA – general approach (pdf)

– Directive on minimum standards on procedures in Member States for granting and withdrawing international protection (pdf)

– Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (pdf)

EU: European Commission: Qualifications Directive implementation: Press Memo: International protection for third country nationals:
unsatisfying divergences in Member States’ implementation of rules. (pdf) and Report on the application of Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection (pdf)

EU-TRAFFICKING: Council of the European Union: Latest draft: General approach: Proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings (EU doc no: 10845/10, pdf)

LIBYA-UNHCR: Migreurop statement: UNHCR-Libya : the bid is rising, migrants pay the price (link) and French, Italian and Spanish (links). See: Libya ‘expels’ UN refugee agency UNHCR (BBC News, link)

EU: Jesuit Refugee Service (JRS) report: Becoming vulnerable in Europe: Civil Society Report on the Detention of Vulnerable Asylum Seekers and Irregular Migrants in the European Union (The DEVAS Project) (link)

European Parliament: Civil Liberties Committee refers Frontex surveillance at sea measures to the European Court of Justice

EU-PAKISTAN RE-ADMISSION AGREEMENT: Letter from Migreurop to the European Parliament: Readmission agreement EU-Pakistan. The European Parliament has to deny its approval (pdf), French version (link). See: Full-text of proposed agreement (pdf) and Statewatch Briefing on the Proposed agreement and MEPs reactions (pdf)

European Commission adopted 6 May 2010: Action Plan on Unaccompanied Minors (2010 – 2014) (COM 213, pdf). See also: Commission Staff Working Document (SEC 534, pdf)

EU: European Commission: A vague and brief: First Annual Report on Immigration and Asylum (2009) (12 pages, COM 214, pdf). It has been pointed out to Statewatch that this is not the “first” report on immigration and asylum produced by the Commission. The “first” report was published in 2001 and is over 500 pages long: see: Annual Report on Asylum and Migration (2001) (link)

Spain: Report on conditions and abuses in Basque centre for unaccompanied foreign minors

“SOS Racismo Gipuzkoa’s (Mugak) working group on unaccompanied foreign minors has produced a report on the conditions in which minors held in the centre in Oilur de Deba were kept and the unlawful practices that they suffered.”

FRONTEX: Indymedia: Presentation of the current role and future of the agency (French, pdf)

New Frontex guidelines ‘go beyond international conventions’ (Malta Independent, link): “The position taken in the controversial set of new Frontex guidelines goes beyond the position at international law, according to Patricia Mallia, the author of a new book entitled Migrant Smuggling By Sea: Combating a Current Threat to Maritime Security though the Creation of a Cooperative Framework.”

European Commission: Proposal for a Directive on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA (pdf)

EU-READMISSION AGREEMENT: PAKISTAN: For the first time, the Members of the European Parliament will have the opportunity to veto the conclusion of such agreements: Green/ALE and GUE/NGL groups in the European Parliament: Briefing (pdf) and Commission proposal (pdf):

“After years of opacity on the conclusion of readmission agreements with third countries, the European Commission agreed – for the first time – to answer some of the questions put forward by Members of the European Parliament … Thus, in the name of transparency and information sharing, the Greens/ALE and the GUE/NGL groups would like to present the issues which dominated the debates”

See also: Briefing Note: Readmission agreements (pdf) and Open letter about readmission agreements – sent to the Union Council and European Commission (migreurop, link),

EU: Council of the European Union:

– Analysis of the replies to the questionnaire on unaccompanied minors arriving to the EU (EU doc no: 16869/1/09, pdf)

– The “resettlement” propsal: Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme “Solidarity and Management of Migration Flows” and repealing Council Decision 2004/904/EC (EU doc 7958/10, pdf)

– FRONTEX: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 7497/10, pdf)

– FRONTEX: Council Presidency draft regarding above document: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (EU doc no: 8121/10, pdf)

European Parliament: Migrants at sea: guidelines for EU border patrols (Press release, pdf): At the plenary session a majority of MEPs voted to reject non-binding guidelines for search and rescue at sea conducted by the FRONTEX and national agencies, however, under its rules an absolute majority of MEPs, 369 out of a total of 738, was required to stop the Commission proposal going ahead.

“EU guidelines saying that border patrols have a moral duty to rescue migrants in distress at sea passed through the European Parliament on Thursday. Although a majority of MEPs voted to reject the non-binding guidelines in favour of binding legislation, they failed to muster the absolute majority of MEPs required. Parliament voted to reject the guidelines by 336 votes to 253 with 30 abstentions, but this was not enough as, under the rules, an absolute majority of all Members (369) was needed for rejection.”

See Commission proposal: Proposal for a Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders (pdf)

UK: Yarl’s Wood detained baby for 100 days, damning report reveals – Prisons inspector Dame Anne Owers says force used against children twice in last year at immigration removal centre (Guardian, link) and Full text: Report on an unannounced full follow-up inspection of Yarl’s Wood Immigration Removal Centre 9 – 13 November 2009 by HM Chief Inspector of Prisons (pdf)

European Parliament: Statewatch report: Surveillance of the sea external borders with the involvement of Frontex: the LIBE Committee opposes the adoption of the European Commission Draft Council decision

EU: European Council on Refugees and Exiles (ECRE): European Commission Proposal to recast the Qualification Directive (pdf)

Belgium: Developments and issues regarding Belgian regularisation policy (CIRÉ)

Italy: Harassment against migrants and Roma people

Spain/France: In-depth reports on the situation in detention centres for foreigners

France/Algeria: Joint maritime surveillance and security operation

EU: European Commission proposal to amend the Frontex Regulation: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) (pdf) plus Impact Assessment (SEC 149, pdf) and Summary of IA (SEC 150, pdf)

France/Italy: “One day without us”, day of struggle in support of migrants’ rights on 1 March 2010

EU: Justice and Home Affairs Council meeting, Brussels, 25-26 February 2010: Press release, 25 February (pdf) and Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration (pdf) See also: France: Policy Ignores Deeper Questions of Migration (Inter Press Service, link)

UK-EU: Home Office to opt out of asylum claims EU directive (Guardian, link): “Home Office ministers are to opt out of a European directive which lays down minimum standards for the treatment of asylum claims because it would mean abandoning a fast-track process that leads to hundreds of asylum seekers being detained every year.”

EU: The first 1st reading “deal” of the new parliamentary session between the Council of the European Union and the European Parliament: Draft Regulation of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa – Analysis of the final compromise text with a view to an agreement at first reading (pdf) and the report from the Civil Liberties Committee (LIBE): REPORT on the proposal for a regulation of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a longstay visa (pdf)

UK: Fast-Tracked Unfairness: Detention and Denial of Women Asylum Seekers in the UK (Human Rights Watch report, link)

Council of Europe: Issue Paper, Thomas Hammarberg, the Council of Europe Commissioner for Human Rights: Criminalisation of migration in Europe: Human Rights implications (pdf)

EU-GREECE: Frontex first Regional Office to open in Piraeus (link):

Piraeus will host the 1st Regional Office of FRONTEX, following a decision passed by the representatives of Member States of the EU meeting in
Madrid. The Frontex operations center will be located near the offices of Body Port, which has been operating since 2004 the National Center for
Border Marine, who is the contact point of Greece with FRONTEX concerning maritime borders.

EU: Note of the Meijers Committee (Standing Committee of experts on international immigration, refugees and criminal law) on: Proposals for recasting the Qualification Directive (COM(2009) 551) and the Procedures Directive (COM(2009) 554) (pdf)

EU: Note of the Meijers Committee (Standing Committee of experts on international immigration, refugees and criminal law) on: Amended proposal for the Eurodac Regulation (COM (2009) 342) and the Decision on requesting comparisons with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes (COM (2009) 344) (pdf):

“The Meijers Committee, sharing the serious concerns of the European Data Protection Supervisor and the national data protection authorities, strongly advices the members of the European Parliament to vote against this legislative proposal of the European Commission on the following grounds:

– The proposal runs counter to fundamental data protection principles such as proportionality of data processing and respect for purpose limitation.
– The proposal violates fundamental rights of the asylum seekers, including the right to privacy and data protection, the right to asylum and protection against torture and inhuman treatment.
– The proposal will lead to stigmatisation of this particular group of asylum seekers, in violation of the principle of non discrimination.
– When adopted, there is a serious risk that these instruments (the proposed Decision and Regulation) will invoke preliminary questions by national courts and subsequently will be held unlawful by the European Court of Justice, considering recent jurisprudence of both the European Court of Justice and the European Court for Human Rights.”

ITALY: Medecins sans Frontieres: Abstract: Over the Wall: A tour of Italy’s migrant centres. January 2010 (pdf)

EU: Malta and Frontex missions: ‘No chance if the rules are changed’ (Malta Indpendent Online, link): “Malta will certainly not take part in any Frontex operation this year if the rules are changed to the effect that people rescued off the sea are taken to the host nation rather than the nearest port of call, this newspaper has learned.”

EU: Draft Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders (pdf) and and EP Briefing Note: Draft Council Decision supplementing the Schengen Borders Code as regards sea border surveillance in the context of operational cooperation coordinated by FRONTEX (COM(2009)658) as amended by the Council on 25 January 2010 (pdf)

EU: Briefing Note for the European Parliament Civil Liberties Committee (LIBE): EU Readmission Agreements: Overview (pdf)

France: Statements in support of the Kurdish refugees who landed in Corsica: Fourteen Corsican organisations issued a joint statement in support of the Kurds from Syria who landed in Bonifacio on 22 January

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.

EU: Migreurop: 2010, the year of the right to migrate? and Italian, French (links)

ITALY: Migreurop publishes a report following the fact-finding mission on 15 January 2010: Press release: Violence, racism and lies, from Rosarno to Bari (pdf), French (link), Italian (link) Spanish (link) and Report (French, pdf, link)

Greece: UNHCR call to stop Dublin II returns to Greece

Belgium: Suspicious death of a Tunisian in Vottem detention centre

EU: Council of the European Union: Draft Council Decision supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders being considered under the “Regulatory procedure”, (EU doc no: 17511/09, pdf)

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LIBYA: Jesuit Refugee Service report: Do they know? Asylum-seekers testify to life in Libya (pdf)

GREECE: Border crackdown on migrants (Kathimerini, link): “Citizens’ Protection Minister Michalis Chrysochoidis yesterday heralded a major border crackdown aimed at significantly curbing the influx of undocumented immigrants into the country, noting that the majority of would-be migrants are trying to access the European Union from Turkey via Greece.”

UKRAINE: BORDER MONITORING PROJECT UKRAINE (UZHGOROD, ZAKARPATTYA): Monitoring the implementation of social and human rights of refugees and other vulnerable migrants in the Border region of the European Union and Ukraine (pdf)

ITALY: Italian security package documents:

– Law 94/2009 of 15 July 2009 (published in the Gazzetta Ufficiale -Official Journal- on 24 July 2009) on “Measures in the field of public security” as it was approved
– Non-EU minors and the right to education after law 94/2009 came into force, ASGI, 28 September 2009
– Report by lawyer Guido Savio, The discipline of expulsion and detention in CIEs, Florence, 18-19 September 2009,
– The marriage of foreigners in Italy after law 94/2009 came into force, Walter Citti, ASGI, 10 August 2009,

The website of the Associazione Studi Giuridici sull’Immigrazione (ASGI) has a page on the “Legal situation of foreigners after the entry into force of law 94/2009 on public security”. It includes court decisions in which issues are raised as to whether the law is constitutional, circulars from the interior ministry as to how the law must be interpreted, and legal analysis of the implications of the new law, as well as some campaign documents.

The European Commission has published: The technical study and country analysis on the implementation of the free movement directive This includes: “Conformity studies of Member States’ national implementation measures transposing Community instruments in the area of citizenship of the Union” and Country reports.

GREECE: Press release from the Norwegian Helsinki Committee, NOAS and AITIMA: Out the Back Door: illegal deportations of refugees from Greece (Press release, pdf) and Full report: Out the Back Door: The Dublin II Regulation and illegal deportations from Greece (pdf)

EU: Migration policy is all at sea and needs to change by Judith Crosbie (European Voice, link). “While only a few countries may be pushing back boats of migrants, the whole of the EU is pushing away commitments to asylum-seekers.”

EU: Commission: Minimum standards on granting and withdrawing international protection:

– Proposal for a Directive on minimum standards on procedures in Member States for granting and withdrawing international protection– (COM 554/4, 2009, pdf)
– Annex (COM 554, pdf)

– Proposal for a Directive on minimum standards for the qualification and status of third country nationals or stateless persons as beneficiaries of international protection and the content of the protection granted (COM 551, pdf)
– Impact assessment (pdf) and – SEC 1373 (pdf
– Detailed Explanation of the Proposal

EU/Africa: Fortress Europe records 33 border deaths in September 2009

ITALY: Cap Anamur crew acquitted (sueddeutsche.de, link)

On 7 October 2009, a Sicilian court acquitted the former chair of the human rights organisation Cap Anamur, Elias Bierdel, his former captain, Stefan Schmidt, and the first officer of the ship, Wladimir Dschkewitsch. In 2004, the three had rescued 37 refugees off the Italian coast from distress at sea and helped them to land in Sicily. They were then accused of and prosecuted for assisting in illegal entry. They faced the possibility of four years imprisonment and a fine of 400.000 EUR. The organisation Cap Anamur and the German asylum rights organisation Pro Asyl had started an international campaign for justice to acquit the three and have reacted positively to the decision.

From Statewatch News Online April 2007: The trial of Elias Bierdel, Vladimir Dachkevitce and Stefan Schmidt, respectively president of the German NGO Cap Anamur, and captain and first officer on the ship bearing the same name that saved 37 African shipwreck victims between Libya and Lampedusa in June 2004, began on 27 November 2006 in Agrigento (Sicily), in whose province the ship docked on 12 July 2004. The three accused were arrested on arrival and face charges of committing serious offences to favour illegal immigration by rescuing migrants who were at the sea’s mercy in a dinghy before transporting them into Italian territorial waters and landing after over two weeks spent at sea awaiting permission to land, amid a shortage of supplies and threats from the migrants that they would jump into the sea, and worsening physical and psychological conditions experienced by both migrants and crew members.

EU: French proposal on asylum cooperation with Turkey and Libya

“France is calling for the EU to step EU cooperation with Libya and Turkey on asylum issues. But Libya has a dreadful record on human rights, and is itself a source of refugees fleeing persecution. It has not signed the UN Refugee Convention (the Geneva Convention) … Turkey is a long-standing major source of refugees fleeing persecution. It is often found in breach of the European Convention on Human Rights by the European Court of Human Rights, in particular on issues of removal of asylum-seekers who face a threat of torture or other inhuman or degrading treatment in their countries of origin. Turkey also does not apply the Geneva Convention to refugees from countries outside Europe – it is almost alone in maintaining this limitation.”

Council document from the: French Delegation: Migration situation in the Mediterranean: establishing a partnership with migrants’ countries of origin and of transit, enhancing Member States’ joint maritime operations and finding innovative solutions for access to asylum procedures (pdf)

EU: European Commission:

– Annual report to the Council and the European Parliament on the activities of the EURODAC Central Unit in 2008 (COM 494, pdf)
– Report on progress made in developing the European Border Surveillance System (EUROSUR) (SEC 1625, pdf)

EU: Exit-entry: Results of the data collection exercise (EU doc no: 13267/09, pdf). Three-quarters of those travellers recorded were: “EU citizen/persons enjoying the Community right of free movement”

Previous coverage: EU: Exit-entry data collection at the external borders across the Schengen states between 31 August and 6 September 2009: Data collection exercise on entries and exits at the external borders for a short period of time (pdf) The stated aim is the creation of: “a system of electronic recording of entry and exit data”. Data is to be collected at all entry points by land, sea and air on third country nationals with and without a visa (as covered by the Commission proposal, see below) and on “EU citizens and persons enjoying the right of free movement”. Professor Steve Peers: “It is assumed that the system would not apply to EU citizens, since the Commission’s communication does not address that issue expressly and it is highly doubtful whether including EU citizens within the scope of the system would be compatible with EU free movement law.” See: Steve Peers: Report for the European Parliament: Proposed new EU border control systems (pdf) and the Commission’s proposal: On an entry/exit system at the external borders of the European Union, facilitation of border crossings for bona fide travellers, and an electronic travel authorisation system (pdf)

EU: FRONTEX report written in cooperation with the EU Joint Situation Centre (SITCEN): The impact of the global economic crisis on illegal migration to the EU (link, 9 MB, pdf) and from the Council of the European Union: Strengthening the operations of the FRONTEX Agency, particularly in the Mediterranean (pdf)

EU: Médecins du Monde: European Observatory on Access to Healthcare: Access to healthcare for undocumented migrants in 11 European countries (link): “nearly 70% face obstacles getting health care: administrative difficulties as well as the cost of consultations and treatments, fear of being denounced or arrested and fear of discrimination. Some 14% of those polled said they had been refused care for their latest illness, notably for relatively serious symptoms.”

EU: Council: Implementing the Strategy for the External Dimension of Justice and Home Affairs: Global Freedom, Security and Justice
– Action Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings; Towards Global EU Action against Trafficking in Human Beings (pdf)

Italy-Libya: EU turns blind eye to ‘inhuman’ Italy-Libya pact, watchdog says (euobserver, link). See: Human Rights Watch report: Pushed Back, Pushed Around Italy’s Forced Return of Boat Migrants and Asylum Seekers, Libya’s Mistreatment of Migrants and Asylum Seekers. See also: Migrants Returned To Face Abuse (Inter Press Service, link) and Submission on May refoulements to Libya to the European Commission and UN Human Rights Commissioner and EU/Libya: Full steam ahead, without pausing to think

France: Calais camp: Come to Calais to protest against the destruction of camps and squats of migrants! (pdf), French (pdf) and see – Police clear French migrant camp (BBC News, link)

EU: European Commission:

– Commission Staff Working Document – Mobility partnerships as a tool of the Global Approach to Migration (SEC 1240, pdf)

– Report on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (COM 489, pdf)

EU: Justice and Home Affairs Council, 21 September 2009: Press release (pdf); Background Note (pdf), Provisional Agenda – “B” Points (pdf) and “A” Points Agenda (adopted without discussion, pdf) See also: Unaccompanied Minors (pdf) and EU ministers seek to forge joint solution to refugee problem (DW-World DE, link)

EU: European Council on Refugees and Exiles: ECRE’s recommendations for the Stockholm Programme (pdf)

EU: European Commission: Report on on the development of the Visa Information System in 2008 (COM 473, pdf)

EU: EURODAC AND ACCESS TO ITS DATA BY LEAs: Regulation: concerning the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] (COM 342, pdf) French version (COM 342, pdf), Proposed Council Decision on requesting comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes (COM 344, pdf) and DÉCISION DU CONSEIL relative aux demandes de comparaison avec les données EURODAC présentées par les services répressifs des États membres et Europol à des fins répressiveszz (COM 344, pdf)

EU: Summary of Impact Assessment: Commission staff working document accompanying the Communication of the Commission on the establishment of a Joint EU Resettlement Programme (SEC 1128, pdf) and Impact Assessment (SEC 1127, pdf)

EU: Justice and Home Affairs Council, 21 September 2009: Provisional Agenda (pdf)

EU-AFRICA: Fortress Europe records “at least” 104 victims in August 2009 (pdf)

Italy-Tunisia: Italy repeatedly ignores ECtHR orders to suspend expulsions to Tunisia (pdf) and “Ordinary rendition” in Tunisia and relations with Libya: the Italian government heaps shame and ridicule onto itself (pdf)

Previous Statewatch coverage: Allowing someone to live or letting them die Italy contravenes European Court of Human Rights instructions by deporting Tunisian (pdf)

EU/Africa: Fortress Europe bulletin for July 2009: Fourteen victims in July in Egypt, Greece, Turkey and Spain. The Egyptian police shoots again at the border with Israel: three killed, including two Somali refugees

GREECE: Migrant children marginalized: Reforms aimed at social integration have not helped thousands born and raised in Greece, experts say (link)

Greece:Fourteen NGOs and other groups: Public intervention of NGOs and other groups for refugees and migrants (pdf)

“Within the public debate on migration, we have noticed many inaccuracies, a large amount of misinformation and a general approach which is not only one-sided but also exaggerates the seriousness of the issue , presenting it as a major national problem. Such an atmosphere allows no space for a calm and analytical approach to the entire issue, which would aim at shedding light on all aspects and focusing on substantial measures that could be taken to solve the problems.

As a result, the discussion transforms refugees and migrants into targets rather than what they are: victims of armed conflicts, persecution, poverty and strict migration policies. Since we perceive the existing “dialogue” more as a monologue, and since no opportunity to speak has yet been given to
the representatives of organisations that deal with migrants and refugees, we see it as our duty to intervene in the debate in order to inform Greek society about our position on this topic.”

and see also: Amnesty International: Amnesty International condemns forced evictions in Patras (link)

Forced labour and tortures for Eritreans deported from Libya (Fortess Europe, link) and Italian (link)

Greece: UNHCR will not participate in the new asylum procedure in Greece unless structural changes are made (pdf)

“UNHCR will not participate in the new asylum procedure in Greece unless structural changes are made The United Nations High Commissioner for Refugees notes with great concern that the structural changes introduced by the new Presidential Decree 81/2009 do not sufficiently guarantee efficiency and fairness of the refugee status determination procedure in Greece as required by International and European legislation.”

European Commission: Proposal for a Council Regulation amending 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): The European Commission presents plans recommending that Serbian, Montenegrin and Macedonian citizens be allowed to travel into the EU without visas from January 2010. People holding passports from Bosnia, Albania and Kosova will still have to buy visas.

Italy/Libya: Submission on May refoulements to Libya to the European Commission and UN Human Rights Commissioner

On 16 June 2009, sixteen NGOs submitted a document to the European Commission and the UN’s Human Rights Commissioner that details the breaches of Italian, EU and international law that were committed by Italian authorities when migrants on boats that were intercepted by the Italian navy during patrol operations in international waters beyond the limits of Libyan territorial waters were returned to the north African country.

EU: Statewatch Analysis: The EU’s JHA agenda under the Swedish Presidency (pdf) by Professor Steve Peers, University of Essex.

EU: European Commission: Communication on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM 313/4, pdf)

First Frontex Forced Repatriation Operation: Malta Today (link) reported (21 June) that the forced repatriation operation involving 74 migrants that took place on 18 June was the first time that Frontex ever coordinated a forced repatriation operation at sea.

“Even though the migrants were intercepted by an Italian coast guard boat, the same migrants, that included women and children, were identified by a
Frontex asset that followed the operation through.” The operation, part of Nautilus IV, used a German helicopter, the Italian coast guard, and a Libyan patrol boat.

EU: Directive providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (Final text in the Official Journal, pdf)

SPAIN: The National Network for Immigrant Rights (REDI) has requested a hearing today “immediately ” with the Interior Minister Alfredo Rubalcaba, after the “brutal” attack and deportation of Senegalese immigrants in Madrid Barajas Airport. The video can be watched here:
http://www.youtube.com/watch?v=oV0Cuexukmk

The immigrant organization believes the video, showing these acts broadcasted on the website of Mali, is an example of the inhumane conditions under which Spain carried out the deportations. In an attempt to end these practices, REDI calls for urgent action against what they describe as “violation of human rights.” “The video, recorded by a passenger at the airport Barajas, showing how three police officers beat, bound and tied a Senegalese immigrant before being deported has been a great outrage among the organizations defending the rights of immigrants and the Internet community, “he adds.

Spokesperson for the immigration office said these images are “an institutional embarrassment and take us back to the darkest moments of history.” “which promoted a society of first, second and third grade citizens, and that violates systematic fundamental rights, “says Sguiglia. REDI announced it is organizing rallies and demonstrations in the coming days to report these events and the injustice, it feels, of Spain’’s treatment of deportees.

France: Criminalising solidarity: FIDH report The observatory for the protection of human rights defenders (FIDH -OMCT) has published a research report on the obstacles faced by defenders of the rights of migrants in France entitled “Crime of solidarity”: stigmatisation, repression and intimidation of defenders of the rights of migrants.

Is a State that enjoys solid democratic and proven institutions a guarantee of security and tranquility for human rights defenders working there? Alerted by the Ligue française des droits de l’Homme (LDH), the observatory gave a mandate to an international research mission responsible for examining the conditions of the exercise of the defence of the rights of migrants in France. The delegation visited France from 17 to 25 March 2009.

The research report’s conclusions are worrying: excesses connected to the “culture” of results, targets that include figures for the questioning of “aiders”, a permanent pressure on people who are in contact with foreigners, which is enabled by a legislation that is not precise and stygmatising. The cases gathered of arrests, or charges brought, of people who have lent assistance to migrants make it possible to conclude that, in France, there is a climate that is unfavourable for the defence of the rights of foreigners that can only be part of a strong dissuasive pressure. This flagrantly contravenes the UN Declaration on human rights defenders, and the Observatory deems it necessary to seize, apart from the French institutions concerned, the authorities and mechanisms for the protection of human rights at an international and European level. [Statewatch translation of the introduction to the report by FIDH]

European Council (18-19 June 2009: EU Prime Ministers): Draft Council Conclusions (pdf) including on: “Illegal immigration

20. Recent events underline the urgency of strengthening efforts to prevent and combat illegal immigration in an efficient manner at the EU Southern maritime borders and thus prevent future human tragedies. A genuine European response guided by both firmness and solidarity in line with the European Pact on Immigration and Asylum and the Global Approach to Migration is essential. Their implementation must be stepped up. All activities in the Western Mediterranean region and at the Eastern and South-Eastern borders need to continue.

21. The European Council calls for significant strengthening of concrete cooperation with the main countries of origin and transit in managing migration, border control, return and readmission, the reception of asylum seekers and protection of those in need of international protection, including cooperation with relevant international organizations active in those countries. The European Council urges the Council to take this fully into account when preparing the new multi-annual framework programme in the area of Freedom, Justice and Security.

European Council on Refugees and Exiles (ECRE): Statement to the European Council: Respect the right to seek asylum in Europe (pdf)

EU: European Commission: Tracking method for monitoring the implementation of the European Pact on Immigration and Asylum (COM 266 2009, pdf)

EU: Council discussions: “State of play”: Proposal for a Council Framework Decision on combating the sexual abuse, sexual exploitation of children and child-pornography, repealing Framework Decision 2004/68/JHA – State of play and: Proposal for a Council Framework Decision on preventing and combating trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA – State of play (EU doc no: 9892/09, pdf)

EU: Major report on the: Criminalisation and victimisation of migrants in Europe (255 pages, pdf) directed by Salvatore Palidda.

EU: European Commission: Proposals for the “Stockholm Programme” (French, pdf). See: Statewatch’s Observatory on The Stockholm Proramme – The Shape of Things to Come

EU: European Commission: The Hague Programme:

– Communication: An evaluation of the Hague Programme and Action Plan (COM 263, pdf)
– An evaluation of the Hague Programme and Action Plan (SEC 765, pdf)
– An extended report on the evaluation of the Hague Programme (SEC 766, pdf)
– General overview of instruments and deadlines provided in the Hague Programme and Action Plan in the fields of justice, freedom and security :Institutional Scoreboard (SEC 767,pdf)

GREECE: Greece Cannot Take Very Much More, Analysis by Apostolis Fotiadis (Inter Press Service, link): ATHENS, Jun 1 (IPS) – United Nations High Commissioner for Refugees António Guterres has asked the European Commission to call a meeting between the agency and countries around the Mediterranean to work out a joint strategy to deal with irregular migration.

But while Italy is being internationally chastised for the refoulement of refugees that effectively annuls the country’s responsibilities arising from international treaties, most notably the Geneva convention, neighbouring Greece is building up state-sponsored persecution of irregular migration that has gone largely unnoticed.

Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf)

“When the pamphlet ‘Crimes of Arrival’ was written, in 1995, the title was a metaphor for the way the British government, in common with other European governments, treated migrants and especially, asylum seekers. Now, a decade on, that title describes a literal truth….

There is a frightening continuity between the treatment of asylum claimants and that of terrorist suspects. In the name of the defence of our way of life and our enlightenment values from attack by terrorists or by poor migrants, that way of life is being destroyed by creeping authoritarianism, and those values – amongst which the most important is the universality of human rights – betrayed.”

See also: Crimes of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf)

To order hard-copy see: Statewatch Publications

UK: House of Commons Home Affairs Committee: Vol I: The Trade in Human Beings: Human Trafficking in the UK (pdf) and Oral and written evidence Volume II (pdf)

EU: Frontex and the US Department of Homeland Security (Frontex press release, link): “In the margins of the EU-US Troika on Justice and Home Affairs Ministerial Meeting held in Prague on 28 April, Frontex and the US Department of Homeland Security signed a Working Arrangement on the establishment of operational cooperation.

The arrangement which was signed by Frontex Executive Director Ilkka Laitinen and Mrs. Jane Holl Lute, Deputy Secretary of the US Department of Homeland Security, will lead to transatlantic cooperation in areas related to border security management including exchange of strategic information, training, capacity building and collaboration on relevant technologies.”

and: Frontex: External evaluation of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (pdf)

ITALY-LIBYA: Euro Mediteranean Human Rights Network (EMHRN) and Migreurop: Press release: Illegal refoulement of 500 migrants to Libya : the EU must condemn Italian authorities (link), French (link) and Italian (link)

ITALY-LIBYA: Jesuit Refugee Service: Removal of 227 migrants to Libya directly contravenes international laws (Press release, pdf):

“The forced removal of 227 men and women to Libya by Italian authorities is absolutely unacceptable. With no opportunity to make an asylum claim these migrants now risk ill-\treatment or being pushed back into the arms of their persecutors.”

UK: Campsfield House Immigration Removal Centre: Independent Monitoring Boards: Annual Report (pdf)

EU: Asylum applications and decisions: Asylum in the EU in 2008 (Eurostat, pdf)

EU: Council of the European Union: Draft Council Conclusions on establishing an informal EU Network of National Rapporteurs or Equivalent Mechanisms on Trafficking in Human Beings (pdf and “Joint Analysis, Joint Action“ Conference of EU National Rapporteurs on Trafficking in Human Beings Prague, 30 and 31 March, 2009 – Outcomes of the conference (pdf)

EU: Report on the practical operation of the methodology for a systematic and rigorous monitoring of compliance with the Charter of Fundamental Rights (COM 205, 2009, pdf) – includes assessment of asylum and immigration policies.

Northern Ireland Human Rights Commission report: Our Hidden Borders: The UK Border Agency’s Powers of Detention (pdf)

“The Human Rights Commission will today (20 April 2009) at its annual conference launch a new investigation report on the work of the UK Border Agency in Northern Ireland. The report entitled ‘Our Hidden Borders: The UK Border Agency’s Powers of Detention’ examines the extent to which human rights are protected in the decision to detain individuals who are not nationals of the UK and how those detained can have their rights better protected. The findings of the report highlight a range of human rights concerns and as a result the Commission has made a number of recommendations to government that will make the experience of those coming into contact with UKBA officials compliant with international human rights standards.”

UK: Academics plan to boycott new student immigration rules (Guardian, link):

“A group of academics are threatening to boycott the government’s new immigration rules for students, saying orders that they monitor international students’
movements are discriminatory.

The 35 academics, who describe themselves as being involved in researching the “uses and abuses of state power” say that they are increasingly being drawn
into the role of “policing students” by the immigration authorities.”

EU: European Commission: Directorate-General for Research: Moving Europe: EU research on migration and policy needs (pdf) Report written by Ann Singleton, Head of the Centre for the Study of Poverty and Social Justice, School for Policy Studies, University of Bristol.

“This report presents a brief description of the projects in the area of migration and integration of migrants funded in the last five years, their main findings and
relevance for policy-making.. The projects address a wide range of issues and demonstrate that migration is inextricably linked to core social, political and economic concerns such as climate change, economic growth, economic instability, working life, welfare, health, youth, aging, gender, education, political participation, social inclusion and social cohesion.”

The report contains links to all web pages on the projects covered.

EU: Open letter about readmission agreements – sent to the Union Council and European Commission (migreurop, link), French (link), Spanish (link): Signed by 76 NGOs including Statewatch and groups from West Sahara, Uruguary, Mauritania, Morocco, Mali, Guinea and Cameroon.

MEDITERRANEAN: Two migrant boats sink off Libya, hundreds missing (Times of Malta, link): “Two boats carrying migrants to Europe sank off Libya in separate incidents over the past two days, killing at least 21 people and leaving hundreds missing, Libyan officials said.” and Shipwreck in the high sea off Libya: an announced tragedy. Until when? (migreurop, link):

“It is to be feared that the authorities’ reaction to this new tragedy will, once again, be to exploit these dramatic events without regard for the real causes that push migrants to take on deadly risks to reach Europe, in order to justify a hardening of controls.”

The situation of exiles on the English Channel and North Sea coast (Migreurop, link) and CIMADE report: La loi des « jungles »La situation des exilés sur le littoral de la Manche et de la Mer du Nord (French, link)

EU: Creation of a: Black Sea Cooperation Platform (pdf): “for the prevention of future migration-born insecurity at the Eastern EU border”

The countries expected to participate are: Bulgaria, Czech Republic, Cyprus, Finland, France, Germany, Greece, Hungary, Lithuania, The Netherlands, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom plus “all Black Sea riparian states, including Armenia and Azerbaijan”.

EU: Meijers Committee: Standing committee of experts on international immigration, refugee and criminal law: The proposals to amend the Dublin Regulation, COM(2008) 820 final of 3.12.2008 and the Reception Conditions Directive, COM(2008) 815 final (pdf)

EU-UNHCR: UNHCR Comments on the European Commission’s Proposal for a recast of the Directive laying down minimum standards for the reception of asylum-seekers (pdf)

UK: London Detainee Support Group: Detained lives: the real cost of indefinite immigration detention (pdf): “Detained Lives reveals the ineffectiveness and the human impact of the UK’s hidden practice of indefinite immigration detention without time limits.”

EU: European Commission: Third annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders, and the return of illegal residents (SEC 320, 2009, pdf)

  European Parliament: More in-depth discussion needed on new measures for border management (Press release, pdf). The parliament’s report says that: “Every year, 160 million EU citizens, 60 million third country nationals (TCNs) who do not require a visa, and 80 million requiring a visa, cross the EU’s external border…. [and] “does not believe that the proposed system will put an end to the ‘overstay’ phenomenon as such”. According to an expert report for the Commission the total number of “illegal” immigrants in the EU 25 in 2006 was estimated to be over 8 million.

Tony Bunyan, Statewatch editor, comments:

“The intriguing category is the 60 million visitors a year from countries not requiring visas to enter the EU – from countries on the EU “white list” including people from Canada, Australia, Japan and the USA. How many of these have overstayed over the years? Are they to be subjected to the EU’s Returns Directive which would see them hunted down, put in detention, deported and banned from re-entry for five years?”

See 2009: Commission: “white list” and “black” list (pdf)

  ITALY-LAMPEDUSA: EP: GUE (United Left Group): Five GUE/NGL MEPs question the European Commission on detention centres in Lampedusa (Press release, pdf) and European Parliament: GUE-NGL Group Report of the visit to Lampedusa – Italy 13th-14th February 2009 (pdf)

  EU: Commission proposal: Council Decision concerning the signing of the Agreement between the European Community and Pakistan on readmission (pdf)

  AFGHANISTAN: UK Borders Agency: Country of origin information report: AFGHANISTAN (pdf)

EU: Highly detailed “Catalogue” (Manual): Drafting Group for updating of Schengen catalogue on External borders control, Return and readmission: Updated Schengen catalogue on External borders control, Return and readmission – 3rd draft (EU doc no:15250/08, 62 pages, pdf)

ECJ: European Court of Justice: An applicant for subsidiary protection does not necessarily have to prove that he is specifically targeted in his country of origin by reason of factors particular to his circumstances (Press release, pdf)

“The degree of indiscriminate violence in the applicant’s country of origin can exceptionally suffice for the competent authorities to decide that a civilian, if returned to his country of origin, would face a real risk of being subject to serious and individual threat”

EU: Council Presidency: Draft Conclusions: Ministerial Conference “Building Migration Partnerships” (Prague, 27-28.4.09) (pdf)

Sex, slaves and citizens: the politics of anti-trafficking (pdf) by Bridget Anderson and Rutvica Andrijasevic: “A focus on the evils of traffi cking is a way of depoliticising the debate on migration.” from Soundings (link)

EU: Report to the European Parliament: Application of Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members on the right of citizens to move and reside freely within the territory of the Member States (pdf)

European Court of Human Rights: Iordachi and Others v. Moldova (Press release, pdf) and Judgment (pdf)

“The Court held unanimously that there had been: a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, on account of Moldovan law not providing adequate protection against abuse of state power in the field of interception of telephone communications”

The Court found that between 98-99% of requests for interception warrants were granted and that there were no clear time limits on how long they last – a not unfamiliar situation in some EU states.

EU/Africa: Fortress Europe documents 62 deaths in January 2009

EUROPEAN PARLIAMENT: Detention centres for asylum seekers are “intolerable” (Press release, pdf) and Full-text of the Resolution (pdf)

ITALY: “Illegals” to be reported by doctors – the criticised norm approved by the Senate

Update: Italy: Senate ratifies treaty with Libya: On 3 February 2009, the Italian Senate ratified draft law 1333 for the ratification and execution of the Italian-Libyan treaty on friendship, partnership and co-operation signed in Bengasi (Libya) on 30 August 2008. The treaty had been opposed by some civil society groups on human rights grounds. Foreign Affairs ministry press release (link)

Italy-Libya: Urgent appeal for the Senate to reject treaty: On 3 February 2009, the Senate is due to start discussing the adoption of the Italy-Libya treaty that was approved by the Chamber of Deputies on 23 January 2009. The producers and authors of the documentary “Come un uomo sulla terra”, which describes the ordeals suffered by immigrants in Libya, have issued an urgent appeal against the treaty. After learning of and documenting the situation in Libya, they argue that the treaty is a “serious violation of international and European human rights instruments”. They will broadcast the documentary by streaming it through their website at 14:30 and 21:00 today (Italian time).

Come un uomo sulla terra website (documentary shown on 3.2.2009 at 14:30 and 21:00).

Background material:
http://comeunuomosullaterra.blogspot.com/2008/01/trattato-italia-libia.html
The appeal (in Italian)
The appeal (in English)

Previous Statewatch coverage: Italy/Libya: “Special and privileged” bilateral relationship treaty

EU: Highly detailed “Catalogue” (Manual): Updated Schengen catalogue on External borders control, Return and readmission (62 pages, pdf) and accompanying Policy statement: Catalogue of recommendations and best practices for external borders, return and readmission (27.1.09,.pdf)

EU: European Commission: Annual report to the Council and the European Parliament on the activities of the EURODAC Central Unit in 2007 (pdf)

Italy: Appeal warns about the imminent risk of widespread human rights violations in Lampedusa

Open letter about readmission agreements: To European Council and European Commission (Migreurop network, link). Signed by 76 NGOs including Statewatch

UK-IRELAND: Borders, Citizenship and Immigration Bill (pdf), Explanatory Notes (pdf) and Strengthening the Common Travel Area (pdf). See: UK-Irish travellers to face passport checks – Tighter border controls on air and sea routes to end 80 years’ free movement (Guardian, link)

EU: European Parliament-Council (27 governments) agreed text on the Directive providing for minimum standards on sanctions against employers of illegally staying third-country nationals (pdf)

EU: UN calls on EU to treat asylum seekers fairly (euobserver, liink)

UK: Remote controls: how UK border controls are endangering the lives of refugees: Refugee Council (link, pdf)

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Spain: The Asociación Pro Derechos Humanos de Andalucía asks for the text of the preliminary draft immigration law reform to be withdrawn

Italy-Tunisia: Allowing someone to live or letting them die: Italy contravenes European Court of Human Rights instructions by deporting Tunisian by Gabriella Petti:

“Six days have passed since Mourad Trabelsi’s expulsion, yet we know nothing about his fate once he arrived in Tunisia. His relatives have looked for him in prisons without any results, and his lawyer has not received any news. The Italian government has probably co-operated with the umpteenth disappearance of an individual involved in trials for international terrorism.* According to lawyers, many of those expelled, when they return to their countries of origin, have been arrested, subjected to torture and and have sometimes disappeared. In this case, we are dealing with someone who was sentenced to seven years’ imprisonment that he has just served in an Italian prison, with a further twenty years to serve in a Tunisian jail, following a sentence issued in absentia in his country of origin.”

EU: FRONTEX: Frontex General Report 2007 (63 pages, pdf)

Spain: CEAR expresses concern over asylum law reform (Statewatch)

EU: Justice and Home Affairs “Agenda”: Statewatch analysis: The EU’s JHA agenda for 2009 (pdf) by Professor Steve Peers, University of Essex

ECJ: Huber v Germany: The processing and storage of those data relating to Union citizens for statistical purposes or with a view to fighting crime is contrary to Community law (Press release, pdf) and Judgment – full-text (Judgment, pdf)

“as regards the question of the use of the data contained in the register for the purposes of fighting crime, the Court holds, in particular, that that objective involves the prosecution of crimes and offences committed, irrespective of the nationality of their perpetrators. The register at issue does not contain personal data relating to nationals of the Member State concerned. Consequently, use for the purposes of fighting crime is contrary to the principle of non-discrimination and hence contrary to Community law.” (emphasis in original)

EU-FRONTEX: Pro Asyl: Appeal to the European Parliament ”Stop the death trap at the European Borders!“ More than 1500 documented cases of deaths at the doors of Europe over the last 12 months illustrate a serious human rights record (Press release, pdf) and Petition to the European Parliament: Year by year thousands die at Europe´s borders. Stop the deathtrap at the EU borders! (Petition, pdf)

How a child dies in Venice: 11-year-old Afghan boy dies to avoid controls by the border police

“He was fifteen years old. No, he was twelve. Maybe, in reality, he was only eleven. As the day progressed, his age changed several times, turning increasingly younger. In any case, he was a boy. He was found dead in Via Orlanda in Mestre, Venice, run over by the lorry under which he had hidden to escape the checks by the border police. Why, one would wonder, does an Afghan minor, a figure that is well protected by international conventions, by the ECHR, and even by the Bossi-Fini law [on immigration], risk his life in such a way in order to avoid being intercepted by the border police?”

EU/Africa/Indian Ocean: Fortress Europe blog details 41 deaths in November 2008

EU: RETURNS DIRECTIVE: The Council of Ministers of the European Union must not adopt the outrageous directive! Joint press statement by Anafé, APDHA, Arci, ATMF, La Cimade, Gisti, IPAM, LDH-Belgique, Migreurop and Statewatch against the formal approval of the Returns Directive on the eve of the 60th anniversary of the UN Declaration on Human Rights:

In English
In French (original)
In Spanish
In Italian

EU: Commission proposals:

– Council Regulation 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 (COM 716, pdf)

– Directive laying down minimum standards for the reception of asylum seekers (COM 815, pdf)

– Regulation concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] (825/3, pdf)

– Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (COM 829, pdf)

GREECE: PROASYL REPORT: “The situation in Greece is out of control”: Research into the situation of asylum seekers in Greece (pdf)

EU/Libya: Petition against detention camps for migrants in Libya (Fortress Europe, link)

A petition “for an international investigation on the detention conditions of migrants and refugees arrested in Libya on their way to Europe” was launched by the directors of the documentary “Come un uomo sulla terra”, which features stories told by African refugees about their journey through Libya. The petition, to be sent to Italian and EU authorities as well as the UN High Commissioner for Refugees, highlights Italy’s responsibilities as a result of bilateral agreements whereby Italy provides “financial and technical support to Libya” to control migration flows.

EU/Africa/Middle East: Fortress Europe blog details 108 deaths in October 2008

Joint UK-French charter to repatriate Afghans narrowly averted

THE ALTERNATIVE CONSULTATION ON EU JUSTICE AND HOME AFFAIRS POLICY

The European Commission has launched a public consultation on the future priorities in the field of Justice and Home Affairs policy. The European Civil Liberties Network has produced an alternative questionnaire to provoke a more wide ranging debate about EU policy and practice.

Please take a few moments to complete the survey and have your say on EU justice and home affairs policy: Complete survey

For more information about the ECLN survey, see: the ECLN survey

EU: PROPOSED ENTRY-EXIT SYSTEM: National responses to questionnaire: Presidency project for a system of electronic recording of entry and exit dates of third-country nationals in the Schengen area (68 pages, pdf), Belgium response (pdf) and Portugal response (pdf)

EU: “Friends of VIS” set-up: Draft Council Conclusions on a group of “Friends of the VIS” (pdf)

EU-AFRICA: European Commission: One year after Lisbon: The Africa-EU partnership at work (COM 617, pdf) and One year after Lisbon: The Africa-EU Partnership at work: Commission contributions to the implementation of the EU-Africa Action Plan (2008-2010) (SEC 2603, pdf)

EU: RETURNS DIRECTIVE: Migreurop statement on the first effects of the returns directive: Three months on from the return directive’s approval by the European Parliament, Migreurop notes how its implementation of an approach involving the systematic detention of migrants is being followed by Member States approving measures that follow the same rationale, namely the detention and criminalisation of migrants. Highlighting developments in France and Italy, the European network reaffirms its commitment to struggle against human rights abuses in detention centres through its campaign to guarantee a right of access to detention sites:

Detention of foreigners : the first effects of the “return” directive (English)
Détention d’étrangers : les premiers contrecoups de la directive retour (French, original)
Detenzione degli stranieri : i primi effetti della direttiva Rimpatri (Italian)
Detención de extranjeros : los primeros efectos de la Directiva ” retorno” (Spanish)

Basque Parliament resolution strongly condemns the Returns Directive: In its plenary session on 10 October 2008, the Basque Parliament approved a resolution that strongly condemns the Returns Directive, described as “a serious violation of fundamental human rights”, for “penalising and criminalising” people who merely seek to enter Europe to work and improve their living conditions. It encourages Basque institutions, political groups and society to devise ways of opposing and minimising the impact of its implementation to stop the “limiting of fundamental human rights”, and the creation of a category of human beings “who are even more vulnerable, and who may be subjected to all manners of abuses due to their being considered irregular”. It also calls on European Union member states to reconsider the Directive’s contents, drawing a comparison with the time when “many of us, men and women… were forced to emigrate… as a consequence of the civil war and dictatorship, or for economic reasons”. Original (in Euskera – Basque – and Spanish) (pdf, pp. 5-8). Unofficial Statewatch translation Thanks to Mugak/SOS Arrazakeria for drawing our attention to this document.

EU: European Pact on Immigration and Asylum (full-text, EU doc no: 13440/08, pdf) The European Pact on Immigration and Asylum is still not officially online on the Council’s public register of documents as we write, even after its adoption by the EU Summit (15-16 October 2008). No draft has ever been online, even after it was agreed by the last Justice and Home Affairs Council – five versions are listed but their text is not publicly accessible.

Tony Bunyan, Statewatch editor, comments:

“After all the media speculation as to what is and is not in the Pact it is a disgrace that its text was not made publicly available at any stage. It was not officially available before the JHA Council agreed it, when parliaments and civil society might have wished to express a view. It was not available after it was agreed by the JHA Council, nor now when it has been adopted by European Summit. This is no way to instil trust in democracy at the EU level.”

An unofficial version was made available by Statewatch in July:
Informal Justice and Home Affairs Ministers meeting in Cannes: European Pact on immigration and asylum

EU: European Commission Communication: Strengthening the global approach to migration increasing coordination, coherence and synergies (pdf) and Report on: The application of Directive 2003/86/EC on the right of family reunification(pdf)

UN human rights chief spotlights plight of millions of detainees worldwide: Press conference by new Commissioner Navanethem Pillay (UN link). In another report Immigrants among millions unlawfully detained: rights chief (Reuters, link) the Commissioner singles out the EU for criticism of excessively long periods of detention of migrants::

“We have a number of concerns with increasingly restrictive and often punitive approaches to migration in many developed countries of which the EU’s recent return directive is one example,” she told a news conference.

“The great majority of immigrants, refugees and asylum seekers are not criminals and therefore should not be confined in detention centres like criminals,” Pillay said.

Under the EU plan agreed last May, illegal immigrants to the 27-member bloc can be detained for up to 18 months before being sent home, and also face a five-year re-entry ban.

Referring to that maximum detention period, Pillay said: “This appears excessive, especially if obstacles to removal are beyond the immigrant’s control, for example if their home country fails to provide the necessary documentation.” “

EU/Africa: Fortress Europe blog details 191 deaths in September and 619 in the third quarter of 2008 The Fortress Europe blog which tracks the deaths of migrants during their migration journey, has published its figures for September 2008, noting that there were 191 deaths, with incidents entailing the most fatalities taking place in Egypt (83), in the Channel of Sicily (35), in Sudan (21), in Spain (15) and in Greek minefields in the Evros region near Turkey (4). The death count in August was the worst in the whole of 2008, with 270 deaths, a majority of which occurred between Libya and Italy (179), with deaths also occurring in Algeria (14), Spain (45), Greece (1), Egypt (1) and Iran (30). In July, there were at least 158 deaths, including 13 infants and two pregnant women, of which 48 occurred in the Channel of Sicily, the same number in Spain, and 38 disappeared on the route between Algeria and Sardinia.
For the break-downs, monthly reports and more, see: Fortress Europe (link)

EU-AFRICA: Counter EU-Africa Summit – Citizens’ Summit on Migration, Paris 17-18 October 2008: Call for a Citizen Summit on migration (English, link), Sommet Citoyen sur les Migrations (link) and Dossier for the Press (pdf). Over 250 NGOs are supporting the Citizens’ Summit including Statewatch.

EU: LEGISLATIVE UPDATE – State of Play:

– The “Blue Card” proposal for so-called “legal migration”: EU doc no: 13163/08 (pdf)
– The “Blue Card” proposal: EU doc no: 13009/08 (pdf)
– Employer sanctions: Working Party on Migration and Expulsion: EU doc no: 12634/08 (pdf)
– Employer sanctions: Working Party on Migration and Expulsion: EU doc no: 11366/08 (pdf)

EU: MIGREUROP: No to the deportation agreements (link) Presentation at the World Social Forum on Migrations, Madrid, 11-14 Sept 2008 with the following participants :Migreurop network, AME (Mali), Group 484 (Serbia), Legal Clinic (Bulgaria), HCA/RLAP (Turkey), Halina Niec Human Rights Association (Poland), MRAP (France), AMDH (Morocco), SOMIM (Portugal), Statewatch (UK) plus: No to expulsion agreements: “Campaign Kit” (pdf)

Access to detention camps (link) Presentation at the World Social Forum on Migrations, Madrid, 11-14 Sept 2008 with the following participants: Migreurop Network, Kisa (Cyprus), Legal Clinic (Bulgaria), HCA/RLAP (Turkey), Andalusia Acoge (Spain), APDHA (Spain), Cimade (France), SOLIM (Portugal), Fasti (France), Halina Niec Human Rights Association (Poland) plus: Detention centres: Campaign for the right of access: Campaign Kit (pdf)

UK-COE: Commissioner Hammarberg releases human rights report on asylum-seekers and immigrants (pdf) Full-text of Memorandum (pdf) See: Asylum rules ‘risk human rights’ (BBC link) “Yarl’s Wood detention centre was visited by the commissioner this year. Changes to Britain’s asylum and immigration controls could breach human rights, a European watchdog has warned”

UK-Council of Europe: Council of Europe Convention on Action against Trafficking in Human Beings (pdf). Note: The UK has not ratified the Convention.

German Institute for Human Rights: Human Rights at the EU’s common external maritime border: Recommendations to the EU legislature (pdf)

“A usual summer in the Mediterranean: thousands of deaths and cases of refoulement. Thousands of migrants – some only looking for a better life in Europe, some in need of international protection – leave the North and West African coasts.”

EU: French Council Presidency: Latest draft: European Pact on Immigration and Asylum (3 September, 2008, pdf)

EU: Red Cross-EU Office: European Commission Policy Plan on Asylum: Opinion 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 (pdf)

Over 70 migrants feared killed on crossing to Europe (Guardian, link)

EU: Proposed new EU border control system (pdf) Report for the European Parliament LIBE Committee by Professor Steve Peers, University of Essex

EU: An analysis of the Commission Communications on future development of Frontex and the creation of a European Border Surveillance System (EUROSUR) (pdf) Report for the European Parliament LIBE Committee.

“The [Commission] evaluation, however, falls short of critically assessing the consistence of Frontex activities with the fundamental values upheld by the EU. In this
regard, it seems important to recall that Frontex is a first-pillar, Community body, which should not only respect the EU fundamental values in its activities, but also work for their promotion, particularly in a field which touches upon critical questions related to migration and freedom of movement.”

EU-ECJ: Grand Chamber judgment: Judgment overturning Akrich and making it absolutely clear that third country national family members can enter without any requirement of prior lawful residence in another MS: Full-text of judgment (pdf) See: Court gives backing to foreign spouses of EU citizens (euobserver, link)

Profit and power: the privatisation of asylum control (Corporatewatch, link)

EU-LATIN AMERICA: THE “OUTRAGEOUS” RETURNS DIRECTIVE: Letter to EU governments and parliamentarians (Six languages, pdf) Signed by people from: Argentina, Bolivia, Brazil, Chile, Cuba, Ecuador, USA, Haiti, Mexico, Nicaragua, Paraguay, Peru, Uruguay and Venezuela:

“It seems that a convenient amnesia prevents Europe from remembering what Europe would be like without cheap labor from abroad, and without the services that the entire world has provided her with. Europe would not be Europe without the massacre of indigenous peoples in the Americas and without the enslavement of the sons and daughters of Africa, to mention only a few forgotten examples.

Europe should apologise to the world, or at the very least give thanks for what the world has given her, instead of legalising the hunting down and punishment of hard
working people who have come to Europe, fleeing the hunger and the wars that the masters of the world have sent them.”

Italy to jail clandestine migrants (euobserver, link)

CROATIA: Every day the Croatian Government is removing tourists, mostly Asians and Africans, from the train between Budapest and Venice – people with visas for their destination – people who are not warned they will be passing through Croatia until it’s too late – They are left on the border in the middle of the night in the middle of nowhere – while travellers from Western countries are allowed to continue their journey unhindered.

EU: Council Presidencies JHA Programme: French, Czech and Swedish Presidencies: Draft Programme of the trio of Presidencies in JHA (pdf)

EU: Inventory of the agreements linked to readmission (link)

EU: Legislative Update: – EMPLOYER SANCTIONS: Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals and EU doc no: 11000/08 plus EU doc no: 11727/08

EU: EXIT-ENTRY SYSTEM: Briefing Paper for the European Parliament: Proposed new EU border control systems (pdf) by Professor Steve Peers, University of Essex

EP: Useful country reports from European Parliament delegations from the Committee on Civil Liberties (LIBE) looking at “reception of asylum seekers and irregular migrants”: Cyprus (pdf), Denmark (pdf) and Poland (pdf)

LIBYA-EU: Libya urges EU to revise illegal immigration rules (Reuters, link)

“Libya called on the European Union to revise new rules against illegal immigration on Monday, saying it would urge African Union members to take action if the EU stuck by measures that treated African migrants as criminals.

EU ministers have backed French proposals for a European pact to stem illegal immigration and attract highly skilled job-seekers, weeks after the EU decided illegal immigrants could be detained for up to 18 months and face a 5-year re-entry ban.

“Africa will not accept any law based on repression and in dealing with African migrants, including children and disabled people, as criminals,” Libya’s Foreign Ministry said in a statement carried by the official Libyan news agency Jana…… “

UK: Outsourcing abuse: The use and misuse of state-sanctioned force during the detention and removal of asylum seekers A report by Birnberg Peirce & Partners, Medical Justice and the National Coalition of Anti-Deportation Campaigns (pdf)

EU-VISAS-FINGERPRINTING CHILDREN: The European Parliament plenary session has backed a report by Sarah Ludford MEP (ALDE) calling for the fingerprinting of children to only be allowed for those 12 year old and over – the Council of the European Union (the governments) want it to be just six years old and over. The report was supported by 455 MEPs and opposed by 64, mainly from the conservative PPE group. There were 41 abstentions. Full-text of Resolution (pdf). The Green/EFA rapporteur said:

“Speaking on behalf of the Greens/EFA political group, Ms Tatjana ZDANOKA (Greens/EFA – LV):

• stated that her political group cannot accept any use of biometrics in the EU until its necessity is proven beyond reasonable doubt. The introduction of biometrics has crucial implications for data security and for fundamental rights. Therefore the Greens/EFA political group cannot vote in favour of the report at all.” and:

Speaking on behalf of the GUE/NGL political group, Ms Sylvia Yvonne KAUFMANN (GUE/NGL – DE):

• noted that the introduction of biometrics in visa is not acceptable, in particular regarding small children. She asked for an intensive study to verify the implication of such an approach.”

UK: Government threatens 11 countries that unless they change their policies on deportations or removals of their nationals and cooperate on crime and terrorism then their citizens visiting the UK will have to get visas: Home Office Press release: Results Of Britains First Global Visa Review (pdf) Statement by Home Secretary on Visa Waiver Test (pdf) These are: are: Bolivia; Botswana; Brazil; Lesotho; Malaysia; Mauritius; Namibia; South Africa; Swaziland; Trinidad and Tobago; and Venezuela. These countries have a combined population of over 300 million – nearly five per cent of the world’s population.

“The criteria for the test included looking at passport security and integrity; the degree of co-operation over deportation or removal of a country’s nationals from the UK; levels of illegal working in the UK and other immigration abuse; levels of crime and terrorism risk posed to the UK; and the extent to which a country’s authorities were addressing these threats.”

The “criteria” are a mix of establishing who is wanting to visit and much broader cooperation on policies such as crime and terrorism. It should be noted that Brazil, Malaysia and Venezuela are the European Commission’s “white list” of countries not requiring visas.

ITALY: Census of the Roma on the basis of ethnicity in Italy: European Parliament resolution of 10 July 2008 on the census of the Roma on the basis of ethnicity in Italy (pdf). This Resolution was passed by 336 votes to 220 with 77 abstentions. It was backed by MEPS from the PSE (Socialist group), ALDE (Liberal group), Greens, GUE (United Left) and opposed by the PPE (Conservative group) and UEN (rightwing Europe of Nations group).

– Letter from Jonathan Faull, Director General DG Justice, Freedon and Security, to Italian government Permanent Representative in Brussels: Letter full-text (pdf)
– ALDE Press release: Roma in Italy: Extraordinary measures are unjustified. EPP deft to appeals from civil society (pdf)

EU: CONCORD Press release: European NGOs condemn putting aid at the service of immigration control (pdf):

“While European and G8 countries are failing to deliver on their international aid commitments, European Development NGOs are deeply concerned about linking immigration control and development cooperation.”

EU: Fortress Europe blog details 185 deaths in June. The Fortress Europe blog which tracks the deaths of migrants, details 185 deaths in June alone, 173 of which have taken place in the Channel of Sicily, where arrivals have risen three-fold, with other deaths also reported in the Canary Islands, Venice harbour, Turkey, where a Somali man was shot during a demonstration in a detention centre, and Israel, where three refugees were shot by police along the border with Egypt, including a seven-year-old Sudanese girl. The bulk of the deaths refer to a shipwreck in the high sea off the Libyan coast at Zuwarah on 7 June 2008, in which one survivor was rescued, 40 dead bodies were recovered and at least 100 people disappeared.

For full details, see: http://fortresseurope.blogspot.com/2006/01/giugno-2008.html (original, in Italian)
http://fortresseurope.blogspot.com/2006/01/june-2008.html (English version)

EU: Informal Justice and Home Affairs Ministers meeting in Cannes: European Pact on immigration and asylum and Presidency Note: Asylum procedures

Tony Bunyan, Statewatch editor, comments:

“EU Ministers are saying there is no “Fortress Europe”, yet anyone with eyes to see knows that there is and that the final building blocks are being put into place.

The EU is denying sanctuary to people fleeing from poverty and persecution while at the same time actively recruiting skilled labour from the Third World in order to maintain its own standard of living – because it has an ageing population.- and thus perpetuate its exploitation of scarce global resources. It is a position devoid of any humanity or morality.”

– EU won over to France’s hard line on immigration and asylum (euobserver, link)
– 42 days? Try 18 months: This European targeting of illegal immigrants is hypocritical, draconian and undiplomatic by Evo Morales, President of the Republic of Bolivia (Guardian, link)
– Mercosur anger at EU migrant laws (BBC News, link)
– Latin American leaders condemn ‘racist’ EU law (euobserver, link)
– Central American states reject EU Returns Directive: see story below

EU/Africa/South America: Alliance against EU Returns Directive

On 12 June 2008 in Brasilia, a week before the European Parliament voted in favour of the returns directive, the 1st Meeting of High Level Officials of African and South American Countries, involving representatives from 44 countries, the Council of the African Union and UNASUR (Union of South American Nations), with a view to preparing the 2nd African-South American Presidential Summit to be held in Venezuela in November 2008, issued a press release condemning the directive. The representatives expressed “concern” over “legislations recently approved or proposed by some countries or regional organisations concerning migration, that contravene commitments adopted in the framework of human rights conventions and the rights of migrants set out in the UN’s relevant legal instruments”.

The countries represented were: Angola, Algeria, Argentina, Benin, Bolivia, Botswana, Brazil, Cape Verde, Cameroon, Chad, Chile, Colombia, Congo, DR Congo, Egypt, Ecuador, Equatorial Guinea, Gabon, Ghana, Guinea, Guyana, Ivory Coast, Libya, Kenya, Madagascar, Morocco, Mauritius, Mauritania, Mozambique, Namibia, Nigeria, Paraguay, Peru, Venezuela, Senegal, South Africa, Sudan, Suriname, Tanzania, Tunisia, Uruguay, Zambia and Zimbabwe.

Full text of the press release (from the no-fortress Europe website, in Spanish)

EU/Central America: Central American states reject EU Returns Directive. Full-text of statement (pdf)

In Guatemala City on 30 June 2008, PARLACEN (Central American parliament, the regional body representing the governments of central America and the Dominican Republic) issued a declaration to “forcefully reject” the “returns directive” recently approved by the European Parliament as a measure that “undermines migrants human and labour rights”. While PARLACEN exhorts its member states to accept their role as countries of origin and to take action to guarantee their citizens’ human right to both freedom of movement and to remain in their own countries, it notes that the returns directive “contains articles that criminalise and penalise the migrant population”. The declaration describes the measure as “criminalising, discriminatory and xenophobic, which undermines human and labour rights, especially those of boys, girls, adolescents and the norms of civilised co-existence between peoples, and that violates the historical progress made by humanity”.

It goes on to challenge the emphasis on security in these measures, the references to people as “illegals”, the vision of humans in merely economic terms; reaffirms the right to free movement for humans, calls on regional associations from Latin America and the Caribbean to form a united front against the directive in negotiations with the EU and on the parliaments of EU countries not to adopt the directive.

Spain/Colombia: Information exchange puts Colombian asylum seekers at risk

CEAR, the Spanish Commission for Assistance to Refugees, warns in its June 2008 legal bulletin that the cross-checking of information on Colombian asylum applicants’ documents by the Asylum and Refuge Office with Colombian authorities during asylum proceedings contravenes data protection legislation and the nature of the asylum process, undermining the safety of asylum seekers from this country. Problems that are highlighted include the infiltration of Colombian institutions by members of paramilitary groups and the contravening of guarantees of confidentiality that applicants receive when they first apply for asylum.

EU-ITALY: Plight of the Roma: echoes of Mussolini: “The compulsory fingerprinting of Italy’s Gypsy population is the latest example of the country’s increasingly repressive attitude towards minorities – and an ominous reminder of the policies of the former Fascist dictator”. Peter Popham reports (Independent, link)

Tony Bunyan, Statewatch editor, comments:

“In a EU of “common values” we are all responsible for what happens in Italy”

FRENCH EU COUNCIL PRESIDENCY: European Pact on immigration and asylum (January 2008, pdf)

MALTA: Journalists Committee welcomes the decision to open migrants detention centres (pdf)

“The Journalists Committee welcomes the decision taken by the Justice and Home Affairs Minister Carmel Mifsud Bonnici to open migrants detention centres to journalists. Committee chairperson Karl Schembri said this was a positive development for journalists in Malta and recalled the role of the Journalists Committee in calling for open access to detention centres… Today, the new minister has finally taken on board our appeal and open up detention centres to journalists.The Journalists Committee has for years argued that detention centres and prisons were kept closed to journalists against all sense of transparency and accountability”

EU: RETURNS DIRECTIVE: Global outcry against EU immigration directive (euobserver, link)

Souhayr Belhassen, president of the International Federation for Human Rights, argued that the timing of the European Parliament’s vote was particularly unfortunate as the 60th anniversary of the Universal Declaration of Human Rights will be celebrated later this year. “By adopting this text, the European legislator lets us understand that migrants are not human beings like any other, provided with rights and to whom states owe obligations,” Belhassen added. “They are dehumanised.” Parliament Votes Jail for Asylum-Seekers by David Cronin

Green group in the European Parliament: Returns directive: Vote of shame mocks standards of civilisation (Press statement, link)
GUE (European United Left) group in the European Parliament: Europe no longer the cradle of human rights (link to statement)

EU: RETURNS DIRECTIVE: The European Parliament has voted this morning (18 June) 367 in favour, 206 against and 109 abstentions on the amended text approving the “compromise” text with the Council.

EU: Commission is set to agree today two “packages”, one on asylum, the other on immigration: (pdf’s)

Asylum package:

– Communication: Policy plan on asylum: A integrated approach to protection across the EU
– Commission Staff Working Document: Accompanying document to the Policy Plan on the Common European Asylum System Impact Assessment
– Commission Staff Working Document: Annexes
– Memorandum to the Commission
– Green Paper (2.6 MB)
– Citizens Summary

Immigration package:

– Communication: On common principles for the further development of the Common Immigration Policy: a platform for a new European approach
– Commission Staff Working Document: Accompanying document on common principles for the further development of the Common Immigration Policy:
a platform for a new European approach: Impact Assessment (SEC, 76 pages)
– Commission Staff Working on common principles for the further development of the Common Immigration Policy: a platform for a new European approach: Impact Assessment (SEC, 60 pages)
– Memorandum to the Commission
– Citizen Summary

EU-EP: RETURNS DIRECTIVE: As the European Parliament votes on the Returns Directive there will be a silent demonstration outside the parliament in Strasbourg on 17 June 2008. Demonstrations against the Directive will be taking place in a number of other countries including: Rome (pdf) Lisbon (pdf) Summary of demonstrations (pdf) Bulletin from No to Fortress Europe (pdf)

Tony Bunyan, Statewatch editor, comments:

“If passed this will be the 13th measure on visas, borders, immigration and asylum to be adopted by the European Parliament as a result of “first reading deals” negotiated in secret trilogue meetings with the Council.

Neither the final deal nor the penultimate draft are available to the public on the Council’s register of documents. Nor was the letter from the Council to the European Parliament setting out the deal of 4 June made available to the public either. There was no time at all for national parliaments and civil society to read, debate and react as the deal was already set in stone. This is no way to run a democracy, especially when the issues at stake concern peoples’ fundamental rights.”

– the final and penultimate deals are addressed in Statewatch analysis: The Returns Directive: 9 June 2008 (pdf) by Professor Steve Peers, University of Essex

– see: Secret trilogues and the democratic deficit by Tony Bunyan

EU: RETURNS DIRECTIVE: Statewatch analysis: The Returns Directive: 9 June 2008 (pdf) by Professor Steve Peers, University of Essex.

“Despite some positive changes to the text which result from the EP’s involvement in the negotiations, the agreed text of the returns Directive is still fundamentally deficient from the point of view of human rights as well as the basic principles which should underpin EU immigration and asylum law.”

EU: RETURNS DIRECTIVE: The full-text of the latest Council draft of the Returns Directive, EU doc no: 8812/08

EU: RETURNS DIRECTIVE: Mandatory expulsion and entry ban decisions in Returns Directive violate general principles of Community law (pdf)

Today, the Netherlands based Meijers Committee (Standing Commitee of Experts on international immigration, refugee and criminal law) published a comment on the draft Returns Directive. On 23 April 2008, a compromise was reached between the Council and the European Parliament on the text of the Returns Directive (2005-0167 (COD), COM(2005) 391). In the meantime some aspects of the text have been changed. Still, the text, in its present form, violates important principles of Community law. Such is in particular the case where the draft directive contains binding Community legislation compelling Member States to take mandatory expulsion measures or mandatory entry ban measures in certain categories of cases. The Standing Committee is of the opinion that the draft Directive must not be accepted by the European Parliament.

Italy: A.S.G.I. Associazione per gli studi giuridici sull’immigrazione: Press Release: From Centres for temporary stay and assistance to Centres for identification and expulsion: the story of a separate health service (pdf)

“Precisely as the new executive passes the “Security package”, someone dies of insecurity. It happened in Turin in the brand new CPT that cost as much as 11,160,184 Euros (source, “La Stampa” 26/5/08 page 56) and which, from now on, will be called an Identification and expulsion centre, as envisaged in the law decree that is due to be issued soon.”

Morocco/EU: Moroccan navy accused of sinking dinghy, causing 29 to die: On the night of 28 April 2008, a chase in the high sea off the coast of Al Hoceima ended when a Moroccan navy officer slashed a dinghy’s pneumatic body, resulting in 29 would-be sub-Saharan migrants (including four women and four children) drowning, according to survivors.

Italy’s crackdown on Roma criticised across Europe (euobserver, link)

Netherlands: Human Rights Watch report: The Netherlands: Discrimination in the Name of Integration: Migrants’ Rights under the Integration Abroad Act (pdf)

EU RETURNS DIRECTIVE: AI & ECRE: Press release (pdf) See also: FIDH:Proposal for a “returns” Directive: The FIDH calls for the suspension of the text’s adoption until it conforms to Member States international human rights obligations (pdf) and GUE group in the European Parliament: Press release (link, pdf) Statewatch Supplementary Analysis: The EU’s Returns Directive by Professor Steve Peers, University of Essex who concludes: “The EP and the Council have to decide whether their endlessly-repeated support for the principles of fairness, human rights and human dignity is a genuine commitment, or simply empty rhetoric.” “Against the outrageous Directive!”, full-text of speech given by Yasha Maccanico (Statewatch) at the hearing with NGOs organised by the GUE group, European Parliament, Strasbourg on 12 December 2007 (pdf) and Fortress Europe (link) and Migreurop (link)

EU-ECJ: The Court’s judgment today annuls the “safe third country” and “safe country of origin” provisions of the procedures directive – and also states that the co-decision procedure now fully applies to asylum law. The case was brought by the European Parliament: Case C-133/06 – full-text of judgment (pdf).

See for background: Statewatch’s analysis and coverage: EU divided over list of “safe countries of origin” – Statewatch calls for the list to be scrapped (pdf) and EU divided over list of “safe countries of origin” – the list should be scrapped – secret documents reveal a shallow process without any sense of morality or humanity

EU: BIOMETRIC VISAS & FINGERPRINTING CHILDREN: Latest version of: Draft Regulation of the European Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications (dated 22 April 2008, pdf). There are still substantive differences between the Council’s position and that of the European Parliament – especially on the age for finger-printing children: Council, 6 years old and above, EP, 12 years old and above.

EU-JHA-ECRE: Memorandum to the JHA Council: Ending the asylum lottery – Guaranteeing refugee protection in Europe (pdf)

GREECE: Report by Norwegian Organization for Asylum Seekers (NOAS), the Norwegian Helsinki Committee (NHC) and Greek Helsinki Monitor (GHM): Report on the violation of asylum seekers’ Human Rights by Greece (Report, pdf) and Press release (pdf)

“The situation for asylum seekers in Greece is alarming. Thousands of asylum seekers live under unworthy conditions, and without any forms of legal protection. The chance of receiving protection in Greece is close to zero. Transferring asylum seekers to the country is therefore irresponsible.”

EU: Standing Committee of experts on international immigration, refugees and criminal law: Views on the Commission report on the evaluation and future development of the FRONTEX agency (pdf)

UK: Positive Action For Refugees & Asylum Seekers: Dawn raids PAFRAS Briefing Paper No 4 (pdf) and Mental health, destitution and asylum PAFRAS Briefing Paper No 5 (pdf)

EU-DUBLIN AGREEMENT: European Council on Refugees and Exiles (ECRE) Letter to EU Presidency (pdf) The letter says that “the unacceptable conditions for asylum claimants in Greece, the obstacles to accessing a fair determination procedure and the risk of other serious human rights violations” as its reasons. “Greece is not a safe place for those in need of protection,” Bjarte Vandvik, the head of the ECRE, said.

EU: European Council on Refugees and Exiles (ECRE): Sharing Responsibility for Refugee Protection in Europe: Dublin Reconsidered (pdf) Press release (pdf)

EU-RETURNS DIRECTIVE: Statewatch Supplementary Analysis: The EU’s Returns Directive by Professor Steve Peers, University of Essex who concludes:

“The EP and the Council have to decide whether their endlessly-repeated support for the principles of fairness, human rights and human dignity is a genuine commitment, or simply empty rhetoric.”

Netherlands: Two deaths in immigration detention in 2 months

“States should not impose penalties on arriving asylum-seekers” by Thomas Hammarberg (CoE, full-text, link):

“A minimum of solidarity with those oppressed is to receive them when they are forced to flee. The “right to seek and to enjoy in other countries asylum from persecution” is indeed a key provision in the Universal Declaration of Human Rights. Sadly, this right is not fully observed in parts of Europe today. Instead, refugees are met with suspicion and too often even placed in detention.”

EU: FINGER-PRINTING CHILDREN: The high-level SCIFA/Mixed Committee, meeting on 12 February 2008 discussed the age at which children should be fingerprinted for visas, residence permits and EU passports and travel documents in: EU doc no: 6138/08 At a subsequent meeting of the Visa Working Party, on 18-19 February 2008 (EU doc no: 6952/08) it was reported in SCIFA that for the:

– age limit: the vast majority of delegations agreed on the age of six and even a lower age where the national legislation allows for it. Two delegations maintained the limit of twelve years.”

The two governments referred to – Germany and Austria – support the 12 years old and above proposal from the European Parliament.

The “majority” support finger-printing children six years old and over while allowing any government to have a lower age “where national legislation allows for it”.

UK: Border & Immigration Agency: Introducing compulsory identity cards for foreign nationals (pdf)

GREECE: Pro Asyl report: “The truth may be bitter, but it must be told” (pdf) The Situation of Refugees in the Aegean and the Practices of the Greek Coast Guard.

UK: 11 MILLION – CHILDRENS’ COMMISSIONER REPORT: Claiming asylum at a Screening Unit as an unaccompanied child (pdf):

“The oppressive nature of large parts of the asylum screening process makes it difficult for children to give a full and accurate account of themselves. This may have implications for the decision made on their asylum claim.”

EU-BORDERS: EUROPEAN DATA PROTECTION SUPERVISOR: Border Management (press release, pdf) EDPS issues first comments on EU border management package (7 pages, pdf) Peter Hustinx, EDPS, says:

“It is crucial that the impact on the privacy rights of individuals crossing the EU borders is adequately taken into account. A lack of data protection safeguards would not only mean that the individuals concerned might suffer unduly from the proposed measures, but also that the measures will be less effective, or even counter productive, by diminishing public trust in government action.”

The EDPS comments cover:

– piling up of legislative proposals in the area…making it difficult for stakeholders to have a comprehensive overview;
– heavy reliance on biometric data;
– lack of evidence supporting the need for new data systems;
– lack of evaluation of existing systems.