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Statewatch e-mail alert - 7 July 2004

28 March 2012

Statewatch News online, 7 July 2004
Full contents see: http://www.statewatch.org/news

EU: "DISMANTLING REFUGEE PROTECTION IN THE EU" - STATEWATCH ANALYSIS

1. Refugees and protection in the EU - Statewatch analysis, see:
http://www.statewatch.org/news/2004/jul/refugees-external-processing.pdf

The European Commission has developed the controversial UK plan to keep refugees outside the EU by giving so-called protection in the region and resettlement. There is no clear legal basis for this scheme. It has been set out in a form that allows officials to simply proceed without any consultation of national or European parliaments. The analysis concludes that:

"The EU has already exported its responsibility for countless refugees through the development of buffer-states and readmission agreements. By funding "protection in the region", border controls and "migration management" in developing countries it will export responsibility for countless more."

Full-text of Commission Communication:
http://www.statewatch.org/news/2004/jun/COM-prot-in-region.pdf

Background:

a. EU buffer states and UNHCR "processing" centres and "safe havens"
see: http://www.statewatch.org/news/2003/jun/07eubuffer.htm

b. UK asylum plan for "safe havens": full text and reactions
http://www.statewatch.org/news/2003/apr/10safe.htm

c. Report from the European Union Committee, House of Lords: "Handling EU asylum claims: new approaches examined": see: http://www.statewatch.org/news/2004/apr/hol-asylum-claims-rep.pdf

UK: ASYLUM BILL - REPORT FROM THE JOINT COMMITTEE ON HUMAN RIGHTS

2. UK: Asylum & Immigration (Treatment of claimants etc) Bill: New Clauses. Report from the parliamentary Joint Committee on Human Rights, see: http://www.statewatch.org/news/2004/jul/jt-human-rights-asylum.pdf

"The Committee repeats its previously stated view that it regards it as unacceptable that amendments having obvious implications for human rights should be introduced at such a late stage in a Bill's passage through Parliament, without adequate warning and without a clear explanation of the Government's view of the human rights implications. Such a practice undermines proper democratic scrutiny of the human rights implications of legislation."

UK: REPORTS ON SURVEILLANCE AND INTELLIGENCE

3. UK: Annual report of the Office of Surveillance Commissioners: Annual report, see:
http://www.statewatch.org/news/2004/jul/surv-coom-report2003-04.pdf

This includes the following figures for surveillance (excluding telephone-tapping): Directed surveillance (external to property) by public authorities - 6,398 cases. Directed surveillance by law enforcement agencies - 26,986 cases. "Property interference" (entry into property) by all agencies - 2,483 cases and "Intrusive surveillance" (eg: placing of bugs and video in property) by all agencies - 447 cases (which seems a very low figure).

4. UK: Intelligence and Security Committee, Annual Report 2003/2004:
see: http://www.statewatch.org/news/2004/jul/int-sec-ann-rep-0304.pdf

THE EU CONSTITUTION - FINAL TEXTS

5. EU Constitution: Consolidated agreed texts prepared by by Steve Peers, Professor of Law, University of Essex:

a. Renumbered text of the EU Constitution: Renumbered text of EU
Constitution, see:
http://www.statewatch.org/news/2004/jun/igc-86-04-renumbered.pdf
b. Consolidated agreed text: Part I, see:
http://www.statewatch.org/news/2004/jun/sw-constitution-Part%20I.pdf
c. Consolidated agreed text: Parts II and IV, see:
http://www.statewatch.org/news/2004/jun/sw-constitution-Parts%20II%20and%20IV.pdf
d. "Justice and Home Affairs": Constitution: JHA, see:
http://www.statewatch.org/news/2004/jun/sw-constitution-jha.pdf
e. Judicial Provisions: see:
http://www.statewatch.org/news/2004/jun/sw-constitution-court.pdf
f. Summary of the the abolition/retention of vetoes under the
Constitution: see:
http://www.statewatch.org/news/2004/jun/sw-const-vetoes.pdf

and from the Council of the European Union - the 764 page Constitution

1. The Council have now produced a full consolidated text: CIG 86 (325 pages, 930k), see: http://www.statewatch.org/news/2004/jun/cig86.pdf

2. The Council has produced 88 pages of "Declarations" to be attached to the Constitution: CIG 86 ADD 2, see:
http://www.statewatch.org/news/2004/jun/cig86-ad02.pdf

3. The Council has produced a full list of Protocols - another 351 pages - to be attached to the Constitution: CIG 86 ADD 1, see:
http://www.statewatch.org/news/2004/jun/cig86-ad01.pdf

EU - CANDIDATE COUNTRIES SIGN UP TO EU TERRORIST LISTS

6. EU: Candidate countries and potential candidates sign up to the EU updated list of "terrorist organisations and persons": see: http://www.statewatch.org/news/2004/jun/terr-lists-non-eu.pdf and latest EU lists: http://www.statewatch.org/news/2004/jun/01terrlists.htm

7. Italy: Update: MSF accused of 'disloyalty' over CPT report, see:
http://www.statewatch.org/news/2004/jun/23it-msf.htm

EU-US DECLARATION ON TERRORISM

8. EU-US Summit: Declaration on combating terrorism: Declaration, see:
http://www.statewatch.org/news/2004/jun/eu-us-summit-june.pdf

The "Declaration" contains a number of new proposals: i) that people and groups can be put on the list of those who finances are to be frozen/seized ("designation") can be based on "serious and credible evidence, providing a reasonable basis to indicate that such entities" are supporting terrorist activity and ii) "outlawing support to designated names"

EU-US PNR DATA EXCHANGE DEAL TO GO COURT

9. European Parliament to go to court over Council and Commission decisions on PNR data agreement with USA Press statement from EP President, Pat Cox, see: http://www.statewatch.org/news/2004/jun/21-ep-court-pnr.htm

10. Portugal/Spain: Governments set to hold referenda on the EU Constitution, see:
http://www.statewatch.org/news/2004/jun/19port-spain-ref.htm

11. Spain: Terror suspects expelled using immigration legislation, see: http://www.statewatch.org/news/2004/jun/16spain-expulsion.htm

Also in "News in brief":
http://www.statewatch.org/news/Newsinbrief.htm

12. USA: Comprehensive list of those held in Guantanamo Bay: List of prisoners

13. Poland's Disgrace: How Legal Actions Threaten to "Put Free Journalism Under Lock and Key": International Federation of Journalists

14. EU: No agreement on head of Europol

15. EU: The Netherlands Presidency of the Council of the European Union (the 25 governments): Website