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Communication from the Commission to the Council and the European Parliament on a Common Policy on Illegal Migration (COM(2001) 672 final, full text in German, English and French at www.picum.org)

On 16 November the European Commission issued a Communication on Irregular Migration. In this paper, the Commission identified six areas for possible actions preventing and fighting illegal immigration: Visa policy; Infrastructure for information exchange, co-operation and co-ordination; Border management; Police co-operation; Aliens law and criminal law; and return and readmission policy.

Based on existing instruments and measures at national level the Commission aims to create synergy effects of national efforts by adding the European dimension.

The Commission is keen to enrich current discussions at European level, putting i.a. forward the following lines:

- any action to counter irregular migratory flows should take place as close as possible to the irregular migrants concerned. Therefore the EU should promote actions in countries of origin and transit, taking into account the EU policy on human rights.

- The commission encourages to use all possibilities of modern technology and telecommunication to improve operative co-operation, e.g. in the case of the Early Warning System on irregular migratory flows.

- The concept of adequate and comparable sanctions against promoters of illegal immigration should be further upgraded and harmonised. This includes, in particular, severe punishment of criminal activities. The seizure of illegally obtained financial advantages is also identified as a key factor.

- Undeclared work of illegal residents is another subject of major concern, which requires further action to diminish the attractiveness for employers and the pull factor for potential irregular migrants.

- Police co-operation must be strengthened with the assignment of an advanced role to Europol.

In addition, the Commission intends to launch discussions on some other concepts related to illegal immigration:

a) A Return policy must be further built up with a focus on internal co-ordination such as the creation of common standards and the initiation of common measures. The Commission will, therefore, forward a Green Paper on the Community Return Policy in the nearest future.

b) First steps will be outlined in the process towards the creation of a European Border Guard. Further details will be presented in a Communication on European Border Management, which will be provided by the Commission in the near future.

c) The EU should reflect on the establishment of a European Visa Identification System, which would allow an exchange of information on issued visas among Member States. To that end the Commission will undertake a feasibility study on the creation of a European Visa Identification System.

The Belgian presidency organized a huge common operation regarding border control measures. All European member states and 10 candidate states (Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovenia, Hungary, Slovakia, Romania and Bulgaria) participated. The operation lasted from 29 September until 8 October, and was coordinated and supported by Europol. During the operation 1350 illegal migrants were stopped, coming mainly from Afghanistan, Ukraine, Romania, Turkey and India. 34 persons have been arrested for assisting undocumented migrants to enter the candidate member states. In most of the cases the identity of the helper was the same as the identity of the migrants concerned. The operation was aimed at combating the ‘fillieres’ in illegal migration and trafficking in human beings, and aimed at a direct cooperation between the candidate states, the member states and Europol. Further the aim was to improve the capacities in border control from the candidate states by offering technical help and exchanging experiences from European Member States. (Source: Europol/NL)

GERMANY

Discussion on new German immigration law

The new Immigration Bill which has been proposed by the Minister of Interior, Mr. Otto Schily, was voted by the cabinet of ministers on 7 November. This draft law foresees a fundamental remodelling of German law in the matter of immigration, integration and asylum. With this vote in the cabinet, the draft law was passed on to German Parliament. The Federal government hopes to get the Bill through the Parliament as soon as possible, but the highly controversial law leads to heated discussions among the different parties.

One of the points of concern for PICUM in this law is that it foresees that most of the people that are currently living with a “duldung” (‘duldung’ is the most regulated type of residence permit and gives the fewest rights and consequently the worst living conditions. It is time-limited and has to be renewed every 3 to 6 months) will be deported to so called “sammellager”, camps were they all have to stay together. They will not have the right to work and will get material support instead of financial means. Basically they will have to wait there until their deportation.

Article 92a of the German Aliens Law that penalises all assistance that is given to undocumented migrants is taken over in this new law. In addition, it is stated in the new law that if the person giving assistance to an undocumented migrant is a foreigner, this person will not only be fined but can also be deported. Moreover, the proposed German anti-terror law makes all kinds of expulsions and deportations easier, also if the reasons are not in any way related to terrorism.

IG Metall, a big German Trade Union, issued a statement on labour migration, explicitly referring to undocumented migrants. Taking into consideration the reluctant attitude German trade unions traditionally have concerning undocumented workers, this could be considered as a step in the good direction. The Union states that with a view to the expected demographic evolution, they do not agree with the decision to admit migrants only for temporary labour. Such a temporary employment does not favour a serious integration.

IG Metall board member Manfred Schallmeyer made a plea to give the migrants already living in Germany additional possibilities to integrate. He stated that the employers should be involved in financing the language and vocational trainings of their migrant-employees. Also the situation of the 1,5 Million people with temporary residence permits and the people without residence and labour permit has to be resolved. As possible criteria Schallmeyer named humanitarian grounds, family situation and employment.

Schallmeyer announced further initiatives of IG Metall for the integration of foreign employees. He referred to the EU- nondiscrimination directive, that binds all states of the EU to undertake actions against racism and xenophobia. (Source: Pressedienst IG Metall Nr. 133/2001 - 07. November 2001) http://www.igmetall.de/pressedienst/2001/133.html

Shadow report on Health Care for undocumented migrants in Germany for the Committee on Economic, Social and Cultural Rights of the United Nations

The International Covenant on Economic, Social and Cultural Rights, a UN Treaty that has been ratified or signed by more than 150 nations, includes a comprehensive statement on the right to health in international human rights law. According to Article 12(1), State parties recognize “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”. All governments are invited to submit reports to the Committee responsible for Article 12 every 4 years, detailing the health care situation in their country. The committee also welcomes ‘shadow’ reports from other sources, such as non-governmental organisations. The General Comment gives such organisations the opportunity to call into question government reports on issues of importance, challenging human rights organisations to submit authoritative shadow reports, preferably in a standardised form.

Last Summer FIAN Germany (the German section of the international FoodFirst Information and Action Network) and the Büro für Medizinische Flüchtlingshilfe wrote a shadow report to the UN in Geneva about the lacking medical help for illegalized migrants in Germany. The report was presented in front of the commission in July. However, when the commission presented her concluding observations at the end of August, the problem of illegalized migrants was not even mentioned. One of the reasons for this very disappointing result seems to be that not enough pressure has been put on the Commission concerning this theme. (The report on the German situation can be consulted via the PICUM website)

BELGIUM

Evaluation report of the working group on reception of undocumented migrants (www.picum.org: Dutch version only)

The Working group for ‘reception of undocumented migrants’ of the Flemish Community issued an evaluation report of her activities of the year 2001 (see PICUM website for the Dutch version of the text). The report has been handed over to the Flemish Minister of Welfare Mieke Vogels, who is at the same time coordinating Minister for the Flemish Minority Policy.

The Minister encouraged the Working Group to engage in further concrete proposals to realise the basic social rights of undocumented migrants as good as possible in the cooperation between the local, provincial and Flemish authorities and the individual initiatives. She committed herself for the year 2002 to make efforts to reinforce the reception for unaccompanied undocumented minors and wishes to see a positive evolution in providing the right to education for undocumented minors. Special attention shall be given to the problem of shelter. The Minister states that the local authorities should take up their responsibilities in this respect.

In her ‘Policy Declaration 2002’ she refers to the UN Convention 1990 concerning the rights of all migrant workers and the members of their family. As far as we know it is the first time that this Convention is referred to in a policy document of the Flemish Community.

The Medical Support Point for People without Papers formulated in cooperation with representatives of the socio-medical services a number of proposals for the promotion of the access to Health Care of undocumented migrants. These proposals are laid down in a ‘joint appeal’, which was sent to doctors, hospitals, local health centres etc, with the question to sign it.

This ‘joint appeal’ pleas for the elaboration of a Circular to clarify the Royal Decree of 12.12.1996 concerning Urgent Medical Care. The application of this procedure does not happen systematically and is insufficiently known by both health care providers and undocumented migrants themselves. A further aim of his Call is to appeal to sympathizers to work for the attribution of a health insurance for everybody who is registered in the National Register. In this way also rejected asylum seekers and holders of a temporary residence permit will be eligible for a health insurance. The subscribers of this Joint Call commit themselves to take up further initiatives concerning other vulnerable groups that reside legally or illegally in Belgium.

Improving the regulation for acquiring permission for a temporary or permanent stay for exceptional reasons

On 18 December, the international Migrant’s day, some jurists and social workers from the Flemish Community will present to their colleagues, lawyers and non-governmental organisations a proposal concerning the modernization of the aliens law. It concerns i.a. a package of proposals to improve the regulation for acquiring permission for a temporary or permanent stay for exceptional reasons. After the regularisation campaign of January 2000, still many people in Belgium are without a status. Furthermore there is a chaos at the Foreigners’ office concerning the attribution of residence permits for to eligible groups.

The proposal will be submitted to all the democratic political parties in the end of January.

The Dutch Deputy Minister of Justice, Miss Kalsbeek, stressed in a letter sent to the Lower House that detention of undocumented migrants is an administrative measure, not a prison sentence. Therefore irregular migrants in detention must be granted the maximum amount of internal freedom. They will be granted more opportunities of making phone calls and visiting hours for family and friends will be doubled from one to two times a week.

The new regime will also include a contribution to the objective of repatriation, i.e. the return to the country of origin. For example, detainees will be offered courses that may be to their benefit upon return to their home country. (MNS December 2001)

Mr Vermeend, the minister of Employment and Social Affairs, wants to give a new strong impetus to the fight against irregular labour. He wants to explore the possibility of putting the employer responsible for expelling his undocumented worker. Such a measure would according to the Minister have a dissuasive effect on illegal employment. In addition the minister announced that there would be an intensification of checks by labour inspectors and the aliens police. (MNS December 2001)

The Dutch Council of Churches, jointly with the Dutch Refugee Council, the Refugee Organisations in the Netherlands (VON), INLIA and other groups are organising a big national event in The Hague, on Saturday April 13th, 2002, in order to advocate ‘For a humane life’ (Voor een humaan bestaan). A manifesto has been drafted which should be signed by as many organisations and local churches as possible in order to pressurise the government in view of a humane asylum policy. Particular attention is drawn to the fact that the government is withholding food and shelter to thousands of asylum seekers whose request has been rejected. These people, partly ‘irregulars’, others still having a temporary right to stay pending the outcome of a further enquiry into their case, are now simply sent onto the streets without any provisions from the state. Increasingly, local authorities taking their own responsibilities provide these people with food and shelter in a joint venture with churches and other NGOs. A special workshop will be run by PICUM on the issue of basic social rights for people without a legal right to stay.

Several groups in Switzerland are campaigning since several months for a regularization of the many undocumented migrants residing in the country. On 24 November there has been a big demonstration in Basel, 6000 people came on the street. The statement of the ‘National coordination of Sans Papiers’ on regularization can be found on www.PICUM.org.

Spain’s junior Minister responsible for Migration, Enrique Fernandez-Miranda, announced that the proposed figure for next year’s labour migration quota is 32 100. This total will be shared out among the countries which have signed (or are in the process of doing so), labour migration agreements with Spain: Ecuador, Columbia, the Dominican Republic, Morocco and Romania. The minister stressed that the final figure would depend much on the economic developments in the coming months, as well as on the results of the last legalisation campaign. Out of a total of 324 000 applications under the last legalisation campaign in Spain, there are still some 220 000 files pending. A considerably high number of immigrants are expected to legally enter the labour market. The exact result will not be known until the end of the first trimester of next year however, and for this reason, the Trade Unions have requested the government not to propose a labour migration quota for next year.

In 2000 and 2001 no immigration quota was established, because irregular migrants could, in both years, take advantage of a legalisation campaign.

Minister Fernandez- Miranda underlined that for the first time, undocumented migrants would not be able to qualify for next year’s quota. In the past, the establishing of an immigration quota in Spain was a disguised means of legalizing the situation of a fixed number of irregular migrants already in the country. The quota was in fact almost exclusively addressed to irregular migrants. (Source: MNS December 2001)

On 23 November 2001, the Trade Union “CC OO” informed that a court in Matos (Jaén) handed down a ruling recognising the right of a Moroccan National, Abes Ouabbi, working illegally in Spain, to a life-long pension of incapacity. Ouabbi – who didn’t had a residence permit for Spain - was working undeclared on a olive farm, where he had an accident on 5 May 2001, when a machine severed off his left hand. He was granted a permanent pension of incapacity of about 390 Euros per month. According to the CC OO the case is also brought before a penal court, to determine the degree of responsibility of the owner of the farm for the accident. (MNS December 2001)

1. International Conference on Migration (16,17 Oct) : The Belgian Presidency organized together with the Parliament a European Immigration Conference in Brussels on 16 and 17 October. Taking part in the Conference were ministers of EU countries, and those of the candidate countries, of Iceland, Norway, Switzerland, the United States, Canada, Australia and ACP countries, of Morocco, China and India. The four main themes of the conference were 1) managing migration flows 2) common economic migration policy 3) partnership with the countries of origin, and 4) integration.

“The Presidency conference was an attempt to promote dialogue across the range of positions that exist in the member states and the EU institutions. Instead of dialogue, participants were given a glimpse of the differences which countless meetings of high-level experts and home affairs ministers have failed to bridge ever since immigration was first broached on an intergovernmental basis back in the mid-1980s. If the log-jam is to be broken, someone else needs to enter the arena. Has anyone heard what the social partners and concerned NGOs have had to say on these issues recently?” (Don Flynn, Joint Council for the Welfare of Immigrants, full text: http://www.sourceuk.net/indexf.html?02030)

3. ‘Fachtagung’ in Frankfurt/Main, 29th November:, organised by the Catholic Academy Rabbanus Maurus and Caritasverband Frankfurt, on ‘Illegal in Germany’. Keynote speakers were i.a. Pater Jörg Alt SJ, Munich, and Sister Cornelia Bührle, Berlin. Several issues were discussed in working groups, such as prostitution and women trade, legalisation by marriage, health care and exploitation on the labour market. The meeting was concluded by a panel discussion at which participated Sister Bührle; prof. Frankenberg, Frankfurt; Ms. Rosi Wolf-Almanasreh, Frankfurt, and Pieter Muller (PICUM).

4. Conference Council of Europe on Illegal Migrants in the Mediterranean (Athens, 3-4 October 2001): A paper issued by CCME, one of the invited NGOs at the Conference, together with a Secretariat Memorandum of the Council for this conference can be found on the PICUM website. As reported by CCME, the conference was interesting although the participation from the Southern Mediterranean was rather weak. Their statements were not sufficiently taken up. The reports that were made in the end put the emphasis on the ‘control’ aspects, whereas actually during the conference the focus had been rather on protection of human rights and victims of trafficking.

5. The Baltic Sea Conference that took place in Bad Segeberg (Germany)on 16-18 November has been a fruitful exchange of information, and it aroused the interest in contact and future cooperation between Germany and the Baltic States. PICUM made a presentation on the recent developments in the field of European Migration, and lead a workshop on the theme of ‘Living illegally in the East and the West’. The focus of the conference was mainly on asylum and refugees, which is reflected in the declaration adopted by the participants(see PICUM website).

- PICUM recently issued a standpoint on undocumented migrants as potential labour force. The text is accessible on the PICUM website.

- PICUM recently issued its Recommendations to the Laeken Summit. Besides a general concern regarding the respect for the human dignity of undocumented migrants, the text addresses more in detail some problematic points of the current European developments in the field of migration. Concerning the debate on opening channels for labour migration, PICUM points at the lack of attention that is given to the undocumented labour migrants who already reside in the European Union and already contributed – and continue to contribute - to the economies of member states. We also expresses our serious concern about the tendency to penalise every form of assistance that is given to undocumented migrants, without making a clear exception for social and humanitarian help. The full text can be consulted via the PICUM-website.

Also at the PICUM website the text on ‘Ethical argumentations for the work with undocumented migrants’ can be consulted. The text is written by Ms Gily Coene of the Department of Philosophy and Moral Sciences, University of Ghent (Belgium) and served as an introduction of a workshop on that theme that was organized by PICUM in August 2001.

1. Laeken Citizens' Assembly : The Laeken Citizen's Assembly will be take place alongside the European Union Summit in Laeken, Belgium from December 13 to 15, 2001 at the Palais des Expositions in Heyzel, Brussels. The aim of the Laeken Citizen's Assembly is to show that civil society is a powerful and important force willing to enter into constructive dialogue with EU insitutions and governments to create a more democratic and inclusive Europe.
The event is mainly being organised by the Platform of European Social NGOs and the Permanent Forum of Civil Society. Together with FIAN Germany (the German section of the international FoodFirst Information and Action Network) PICUM will organise a workshop on ‘Campaigning for social rights’, on 15 December. For more information: www.socialplatform.org

2. Council of Europe: The Committee on Migration, Refugees and Demography of the Parliamentary Assembly of the Council of Europe is organizing a closed parliamentary Conference on the situation of illegal migrants in Council of Europe Member States to be held in Paris on 13 December 2001. The list of participants includes the parliamentarians-members of the Committee, representatives of governments of the countries concerned as well as representatives of international governmental and non-governmental organizations. PICUM is asked to give a presentation on the social rights situation of undocumented migrants residing in the member states of the Council of Europe.

The aim of the Conference is to examine the clandestine migration in all its aspects including traffick in humans, causes of illegal migration, legal framework applying to the situation of irregular migrants and other issues relating to the human rights.

5. RECENT PUBLICATIONS

- The Belgian King Baldwin Foundation organised a research project on asylum and migration. Four universities and three NGOs publised six reports under the title ‘Vluchten kan niet meer’. The reports are published both in French and Dutch, and can be consulted on: www.kbs-frb.be.

- “Policy recommendations for EU migration policies”, October 2001, issued by: German Marshall Fund, King Baudouin Foundation, Fundación José Ortega y Gasset and Compagnia di San Paolo. The document contains

1) a set of policy recommendations - a joint document of 10 European and American migration experts, edited by Jan Niessen, MPG.

2) a chapter on the Shaping of EU policies on free movement, internal mobility and immigration, by Jan Niessen;

3) a paper on Immigration and Terrorism: Policy Reform Challenges, by 2 American experts,

4) 6 country profiles by various experts (Belgium, Germany, Great Britain, Italy, Sweden and the U.S.).

The reports also briefly touch the subject of irregular migration. The text can be accessed at www.gmfus.de.

- For monthly extensive and high quality information on asylum and migration (with a focus on undocumented migration!) in Europe, the MIGRATION NEWS SHEET published by the Migration Policy Groups is highly recommended. For information contact info@migpolgroup.com.

The Special Rapporteur on the Human Rights of Migrants would like to encourage the above mentioned actors to submit to her any reliable information they may posses with regards to violations of the human rights of migrants. For this purpose the Special Rapporteur has developed a questionnaire to facilitate the submission of cases. Subsequently, the Special Rapporteur may decide to raise these cases with governments to request their comments and observations on the matter.

For further information: contact Nele Verbruggen, PICUM secretariat, Gaucheretstraat 164, 1030 Brussels, tel. +32-2-274.14.39, fax +32-2-274.14.48, e-mail: info@PICUM.org, http://www.picum.org

1. NEWS ON UNDOCUMENTED MIGRATION

GERMANY

Discussion on new German immigration law

BELGIUM

5. RECENT PUBLICATIONS