News on Irregular Migrants
Last November the European Commission presented two communications which are relevant for irregular migrants in Europe. Both communications indicate the general views held by the Commission with regard to elaborating on the asylum and migration policies as indicated at the Ministerial Summit in Tampere, October 1999. The communications are available in various languages. Their titles are:
‘Towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum’: COM(2000)755 final, dated 22.11.2000 and:
‘On a community immigration policy’: COM(2000)757 final, dated 22.11.2000.
The first communication is meant to launch a broad debate on the issue. Proposals will be developed in the course of 2001. The Swedish and the Belgian presidencies will give them high priority. At the Summit Meeting in Belgium, December 2001, the time schedule should be finalised.
According to Euro-Commissioner Mr. Vitorino, the two communications are closely interlinked. In his view the future EU migration policy should consist of both communitarian legislation and joint control of migration flows. The second communication will be subject to much debate before any decision can be taken.
At a Ministerial Meeting on 30 November-1 December several draft directives presented by the French Presidency were discussed dealing with illegal entrance into the EU, illegal residence and support of people entering or staying illegally in the EU. Among the points discussed in particular with regard to the latter draft directive was the question whether those assisting people entering or staying illegally in the EU should be penalised only if they acted in pursuit of gain. It was agreed that a humanitarian clause should be formulated lest supporters giving help on idealistic grounds be penalised.
The other draft directives are dealing with the
harmonisation of penalties against carriers of sans papiers and with the mutual
recognition of expulsion decisions in the EU countries. All drafts will be
further discussed in 2001. A critical analysis of the various drafts has been
prepared by Statewatch News online.
At a meeting in Berlin, last November, representatives of the BAG Asyl in der Kirche and other NGOs dealing with issues relating to sans papiers in Germany discussed with several MPs the possibilities of providing undocumented migrants in this country with better health care, shelter, means of subsistence and education for their children.
Again in November, a symposium was held near Nijmegen discussing ‘irregular residence as an administrative dilemma between national and local government’. The conference was attended by several hundreds of representatives of local councils and NGOs who felt they could not accept the present national government non-receptio policy. This implies refusing asylum seekers whose request has been declined, as well as other ‘sans papiers’ - and even certain categories of asylum seekers whose case is still pending – both shelter and means of subsistence. In their view local councils were thus compelled, on humanitarian grounds or for reasons of public order, to find solutions for these people. They stressed that many irregular migrants could not be deported and thus had to remain in the country.
Urged by the audience the Secretary of State responsible for asylum and migration policy accepted the way local councils are dealing with this problem while stressing that national government policies should continue to be restrictive and aiming at the departure of all irregular migrants. Several coalition MPs present promised to look for acceptable solutions within the framework of the law.
For report see below under Recent Publications.
A year ago a project was launched by the Freudenberg Stiftung at Weinheim, Germany (see above) jointly with the Fondation Roi Baudoin in Brussels, the Fundació Jaume Bofil in Barcelona and the Fondazione Cariplo per le Iniziative e lo Studio sulla Multietnicità in Milano, involving 14 researchers and 52 NGOs from Belgium, France, Germany, Italy and Spain and organised within the DG V programme ‘Preparatory Actions to Combat and Prevent Social Exclusion’. This project aimed at describing state strategies and intervention strategies for the civil society with regard to sans papiers.
The conclusions of the project are now about to be published in a substantial report edited by Dr.Teresa Jurado Guerrero, University of Madrid, project leader.
After outlining the issue and the methods of work the report discusses the fact that states close their borders but do not solve the social question. Then the socio-economic situation of undocumented immigrants in the various countries is described as well as the consequences of social exclusion for racism. In a further chapter the possible interventions of civil society (NGOs) in various domains, such as health care, housing, education and lobbying are analysed. The last chapter gives a number of recommendations formulated by the NGOs involved in the project in regard to immigration and integration policies as well as the ways civil society could render support. In an appendix the main features of legalisation campaigns in Belgium, Italy and Spain are mentioned.
This general report is based on four extensive country reports (Belgium, Germany, Italy and Spain) which each give a description of the state policies with regard to the undocumented, their socio-economic exclusion and the support rendered by NGOs. Most country reports also present a case of racism against undocumented migrants. The four country reports may be downloaded from the website of the Freudenberg Stiftung
Recent
publications
- Menschsein auch ohne Aufenthaltsrecht, report Nr. 14.21 by Bündnis 90/die Grünen in German Parliament, published in October 2000: report of their expert meeting in Berlin on 3.7.2000 dealing i.a. with the position of the German Government with regard to the undocumented, health care, employment, education, legal questions. Can be obtained from: public@gruene-fraktion.de
- Ohne Recht auf Aufenthalt – illegal, report by Diakonisches Werk der Evangelischen Kirche von Westfalen, Münster, published in October 2000: aims at assisting those working with irregular migrants. Definition, background, needs, social rights, penalisation, challenges and recommendations, model projects and interviews. From: eckeberg@dw-westfalen.de
- De sluitpostvan het vreemdelingenbeleid (The ‘closing entry’ of immigration policy), report of a symposium held on 13 November 2000 at Wijchen on the question of illegal residence as a dilemma between local and national government. For a summary of the discussions see above. Report and extensive documentation (reader) can be obtained from w.engelen@nijmegen.nl
Recent conference
- Which Immigration Policy for the European Union? 1st European Congress for specialist lawyers in the area of immigration and asylum in Europe. Assessment of the Maastricht treaty and prospects for the treaty of Amsterdam, organised by the Academic Network of Legal Studies on Immigration and Asylum in Europe. Fourth session on ‘Combating illegal immigration’. Report will be published later. Contact Dr. Joanna Apap via odysseus@ulb.ac.be
For further information on publications and conferences: contact Ms. Nele Verbruggen, coordinator, PICUM secretariat, Gaucheretstraat 164, 1030 Brussels, tel. +32-2-2741439, fax +32-2-2016863, e-mail: info@PICUM.org (e-mail operational as of 8.1.2001)
. New activities organised by PICUM
1.
Seminar on Health Care for irregular migrants.
A two-day seminar (English spoken) bringing together specialists from
Belgium, Germany, Netherlands and UK will be organised in Brussels, March 22-23,
2001. More news will follow.
2.
Workshops on the Amsterdam Proposals (MPG/ILPA), which contain i.a. a Proposed
EU Directive on irregular migrants, as well as on UN Convention Nr. 158 on
Protection of the Rights of All Migrant Workers, which contains i.a. several
articles protecting the rights of irregular migrants.
Both
workshops will be held in Antwerp, February 23, 2001 immediately before the
General Assembly meeting. Jan Niessen (Migration Policy Group, Brussels) and
Patrick Taran (Migrants Rights International, Geneva) have been invited to
conduct these workshops. All PICUM members and others interested are welcome to
the debate.
3.
Publication of a ‘Book of Solidarity’ providing examples of solidarity and
the role of organisations helping irregular migrants in several European
countries. Deadline: May 2001.
. PICUM Mission Statement and Action Plan (for the present 6 month period)
A PICUM
Mission Statement has been formulated and will be sent out to members and
contacts by early January.
A draft
Action Plan was discussed at the Assembly Meeting in October 2000. Conclusions
in short:
-
Priority is
given to social rights of irregular immigrants and possibilities of their
regularisation
-
Didier
Vanderslycke will formulate a proposal related to the issue of the return
option.
The
final version of the Action Plan is now available.
PICUM Project Proposal
It has been decided to develop the inventory of Fundamental Social Rights further, as well as to elaborate on the contents of the ‘Pink Document’ dealing with the situation of undocumented migrants in Germany, the Netherlands and Belgium.
For the Scientific Committee and the Committee of Recommendation we still need proposals.
The chairman will inform Ms. Mary Robinson, UN Human Rights Commissioner, Geneva, and Ms. Gabriele Rodriguez, UN Special Rapporteur on Human Rights of Migrants, Geneva regarding the aims and programme of PICUM.
. Preparation of book 'Letting their Lives Speak'
Several
PICUM members are willing to contribute to this publication giving life stories
of irregular migrants (for more info: JRS and QCEA)
. New Strcuture of PICUM:
At the
Assembly Meeting in October 2000 the need was expressed to give PICUM a more
formal status, e.g. Stichting/Stiftung/vzw without loosing flexibility. Well
before the next Assembly Meeting a proposal will be presented for discussion in
view of its adoption.
At the
latest Assembly Meeting Patrick Taran of Migrant Rights International, Geneva,
was accepted as an observer member of PICUM. Jenny Monahan of Human Too, a new
NGO in London, was accepted as a member of the core group.
. PICUM Information Exchange System
The
present system, which is operating as a mailbox, should develop into an
Information Centre with a website which can be consulted by outsiders.
.
Secretariat
As of
November 15, 2000 PICUM has its own office in Brussels. It is located at the
premises of the Steunpunt Migranten Zonder Papieren in Brussels, 164
Gaucheretstraat, near the Gare du Nord. Our coordinator, Ms. Nele Verbruggen,
has been appointed for a 6 month period which may be extended. The secretariat
will have its own telephone line and e-mail address from early January onwards.
Mr.
Didier Vanderslycke has been empowered to act, on behalf of the Executive
Committee (Excom), as on-the-spot advisor/manager for PICUM. He has accepted to
act as its Treasurer as well.
.
Finance
The
Assembly Meeting approved the revised budget for the initial 6 month operational
period starting November 15, 2000. Funding has been obtained from the Haëlla
Foundation, the PIN Fund, Cordaid and a fourth Dutch foundation as well as from
a Belgian foundation covering both the salaries and office costs for this period
as well as the activities (seminar, workshops, publications) that are
undertaken. The Executive Commitee will seek further funding channels, i.a. with
the European Commission, in view of continuity of action. .
. Cooperation
The
Executive Committee, at its latest meeting in Brussels, November 30, decided to
explore the possibilities of cooperation with the Freudenberg Stiftung at
Weinheim, Germany. This Foundation is very much interested in the issue of
irregular migrants in Europe. It played a major role in sponsoring an
international research project on Undocumented Migrants in Europe (‘Easy
Scapegoats’). PICUM attended a conference held in Mannheim in October, when
the project was presented and its conclusions were discussed (see below).
