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In a letter sent to EU heads of state last month, European Commission president Ursula von der Leyen named 2024 “a landmark year for EU migration and asylum policy,” but noted that the agreement on new legislation “is not the end.” She went on to refer to the possibility of “tackling asylum applications further from the EU external border,” describing it as an idea “which will certainly deserve our attention.”
The second issue of our bulletin on EU border externalisation policies is now available.
CEPOL, the EU police training agency, is collaborating with the Arab League’s political extradition body in spite of its human rights obligations.
Candidates in this week's general election in the UK should shun "hateful and inflammatory rhetoric" against migrants and support policies for "digital sanctuary," says a letter signed by 37 organisations, including Statewatch. Providing "digital sanctuary" for people means "ending the hostile digital environment, establishing robust privacy protections for migrants’ data and promoting inclusive digital policies," says the letter.
An investigation by the BBC has put the Greek state’s deadly border policies back in the public eye – but there has so far been no mention in the press of Frontex’s operations in the country. Documents seen by Statewatch show that despite warnings from its own fundamental rights officials, Frontex’s senior staff and management board did nothing to halt the agency’s operations in Greece. Suspending or terminating operations is a legal obligation when rights violations “are of a serious nature or are likely to persist.” A case before the Court of Justice of the EU is seeking an order to halt Frontex’s Greek operations, with an appeal filed in January still pending.
The EU Border and Coast Guard Agency, Frontex, has been accused of aiding the return of migrants who have fled Libya back to the country, and to possible torture and blackmail. Border guards who have worked for Frontex, speaking to journalists from the Swedish television programme Mission Investigate, by Sveriges Television (SVT), revealed just how close contact with groups in the country is. Meanwhile, a rescue mission in the Mediterranean being documented by Mission Investigate was fired upon by the so-called Libyan coast guard.
The EU should reintroduce mass telecommunications surveillance and create backdoors to encrypted data, a new plan drafted in secret by police and security officials says. To do so, close coordination between the state and industry would be required, to ensure what the plan calls “lawful access by design.” The plan repeats demands made many times over the years by officials, and may find a warm reception from the incoming European Commission.
The EU is moving towards adopting a renewed law to criminalise migrant smuggling, and member states in the Council have started making progress towards a position for negotiations with the Parliament. Some governments appear to favour maximum criminalisation, calling for a broad definition of smuggling to facilitate prosecutions – a position that has been taken on board by the Belgian Council Presidency in an initial compromise text.
EU member states have finalised a set of “non-binding” criteria for assessing when someone may be labelled a potential terrorist or violent extremism threat. The intention is to feed European databases such as the Schengen Information System (SIS) and the Europol Information System (EIS), as well as Europol analysis projects such as “Hydra” and “Traveller”, according to a note circulated by the Belgian Council Presidency last month.
The Belgian Presidency of the Council of the EU has proposed gutting the Commission’s proposal to increase Europol’s powers in human smuggling and trafficking cases. There is little that remains of the original proposal, aside from new “Operational Task Forces” led by member states (with a support role given to Europol) and a limited mandatory exchange of information on smuggling and trafficking investigations.
The Finnish and Italian governments last month presented a plan on “countering instrumentalization of migration and migrant smuggling” to the EU Foreign Affairs Council meeting, calling for “innovative ways” to address the issues – including by increased cooperation between the EU and NATO.
What are the objectives of the EU’s external migration policy? With which countries are new migration agreements planned? How is the EU seeking to integrate non-European states into its violent migration control regime? And what impact will this have on people seeking protection, migrants, democracy and human rights, inside and outside the EU?
“The effectiveness of this new legal framework hinges on its successful implementation. This will require the adoption and application of regulatory adjustments at national level, the development or enhancement of equipment and infrastructure, the implementation of new systems, processes and procedures, reinforced coordination at national and EU level, and increased operational support and financial allocation.”
Three Italian journalists working for the newspaper Domani - Giovanni Tizian, Nello Trocchia and Stefano Vergine - face up to nine years in prison. An investigation by the Perugia Public Prosecutor alleges that they requested and received confidential documents from a public official, and breached the secrecy of the investigation through the request and publication of information in those documents. The articles in question concerned Italy's defence minister Guido Crosetto, who for years prior to becoming minister was paid by the arm industry as an advisor. Alongside multiple other organisations and media outlets, Statewatch has signed a statement calling on the Italian authorities to respect press freedom.
At the beginning of the year, the European Commission approved the continuation of 11 personal data adequacy agreements with non-EU states. The approval allowed the continuation of unrestricted data flows with entities in the EU. In an open letter to the Commission, Statewatch and 10 other organisations raise a number of concerns regarding the agreement with Israel, arguing that problems with the rule of law and practices of mass surveillance by security and intelligence agencies call the adequacy agreement into question.
The #ProtectNotSurveil coalition, of which Statewatch is a member, has issued a statement condemning "the criminalisation and digital surveillance of migrants" that will be ushered in by the new Pact on Migration and Asylum. The laws that are part of the Pact were given final approval by the European Parliament this afternoon. The statement explains how the new legal framework "will enable and in some cases mandate the deployment of harmful surveillance technologies and practices against migrants," whilst laying the foundations for the expanded use of invasive technologies in the future.
The EU’s latest “operational action plan” on migrant smuggling gives a central role to Europol, which will receive data resulting from more than two dozen joint police operations launched by EU member states, EU agencies and a range of non-EU states. The UK is heavily involved in the plan, and is leading one activity. One objective is for harm reduction and assistance to victims, but the only activity foreseen is for Frontex to increase use of its “EUROSUR Fusion Services, including the Multipurpose Aerial Surveillance aircraft service.”
Ahead of Wednesday's final parliamentary vote on the laws that make up the EU's Pact on Migration and Asylum, 161 organisations - including Statewatch - have called on MEPs to vote against the new measures. The statement says that the new laws will create "a system whereby the right to seek asylum in the EU is severely threatened and will engender a proliferation of human rights violations," and should be rejected.
EU institutions have almost finalised negotiations on the Pact on Migration and Asylum, with MEPs due to vote on a range of new laws next week. Approval for the measures is almost certain – and when they come into force, they will turn the externalisation of migration and border control into legal obligations.
In 2022, EU member states began discussing ways to increase the amount of information sent to intelligence agencies on "the timing and state of progress of applications for international protection lodged by individuals posing a terrorist threat". Now the intention is to cover not just asylum-seekers, but "any foreigner involved in a migratory procedure." According to the Belgian Presidency, "security concerns go beyond the mere scope of applicants for international protection, as they also cover other people who apply for the legal right to stay in Europe."
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