PICUM NEWSLETTER N°5, APRIL 2002
(Most of the links of this newsletter are currentlty temporary out of order - please accept our apologies (26/02/03))
News on
Undocumented Migration
. International
. Europe
. Germany
. Greece
. Portugal
. Switzerland
. Belgium
. The Netherlands
. United Kingdom
. Spain
. France
. Italy
PICUM News
Recent Publications
Upcoming Events
Other
NEWS ON UNDOCUMENTED MIGRATION
INTERNATIONAL
UN
Convention for the Protection of the Human Rights of all Migrant Workers and Members of their
Families
Ecuador
submitted its instrument of ratification at the UN on 5 February 2002. This
brings the total number of ratifications to 19 out to the 20 needed to enforce
the Convention. An updated list of ratifications can be found at: http://www.december18.net/UNconvention.htm
ESCR
ESCR-net
is the name of a new international network on Economic, Social and Cultural
Rights that is aiming at promoting the advancement
and enforcement, including justiciability, of ESCR at all levels. The ESCR-net
is looking for organisations interested in developing their network: http://www.escr-net.org.
UN
High Commission on Human Rights
The
UN High Commission on Human Rights was held from 18 March to 16 April in
Geneva. For further information on
the Commission meeting, see http://www.unhchr.ch
or for information on particular refugee/migration-related issues, see http://www.december18.net/UN.htm.
EUROPE
Proposal
on the short-term permit issued to cooperative victims
In February the European Commission
issued this proposal (COM(2002) 71 final), which is meant to be an instrument in the fight against traffickers of human
beings and smugglers acting for non-humanitarian reasons. People who can apply for this permit are third country nationals (EU
citizens excluded) who cooperate in the fight against trafficking/illegal
immigration.
- More
info
- http://www.ecre.org/eu_developments/traffres.doc
Spanish
Presidency of the European Union
Objectives
In
the area of migratory flow management the Spanish presidency has as priorities
the establishment of minimum harmonisation criteria for a Common Policy on
illegal immigration, based on the report submitted by the Commission, the creation of a common
visa policy, the creation of Common Consular Visa Offices, and the monitoring
of the “Viability Study on the creation of a European Border Police”.
- More
info
- http://www.ue2002.es
Justice
and Home Affairs Council meeting 28/02/2002
A
Comprehensive action plan to combat illegal immigration and trafficking in human
beings in the European Unionwas
adopted at this meeting,
together with the conclusions
on Member States' methods and arrangements for obtaining travel documents for
the repatriation of people who do not or no longer fulfill entry or
residence conditions.
Upcoming:
adoption of so called “French Proposals”
The two council texts
aimed at introducing tougher sanctions for facilitating the unauthorised entry
of migrants will probably be formally adopted in April. The so called
"French Proposals" aim to penalise all assistance that is given to
undocumented migrants. The 'humanitarian clause' is only optional. (Source: MNS
March 2002)
- More info
- Draft
Council directive defining the facilitation of unauthorised entry, transit and
residence
- Draft Council framework decision on the strengthening of the penal framework
to prevent the facilitation of unauthorised entry, transit and residence
Rapporteur on
human rights in the European Union
Joke
Swiebel, EP rapporteur on human rights in the European Union, has published a
working report.
In
preparation of her final report a public hearing was organised by the civil
liberties committee on April 17. The report will most likely be voted on
the plenary session in July.
http://www.europarl.eu.int/meetdocs/committees/libe/20020219/459255en.pdf
GERMANY
Research
into Health Care for Undocumented Migrants
Médecins
sans Frontières (Doctors without Frontiers) in Berlin is undertaking a research
on medical care for undocumented migrants in Germany. More information: Ärzte ohne Grenzen/
Corinna Haas, Julia Koch/ Am Köllnischen Park 1/ 10179 Berlin/ Tel. +49 (30)22337700
Lobby
for undocumented migrants founded
In
Schleswig-Holstein a new organization with the name “Illegalised people” was
founded on 27 February. The organization wants to address the
problems of undocumented migrants that are living in Schleswig Holstein. The
organization states that undocumented migrants live with the constant fear of
expulsion. They do not have access to health care, and for undocumented minors
it is nearly impossible to have access to education. The organization wants to
make these problems known and would like to investigate
possibilities of legalising their stay. (Press
release, only in German: Presseerklärung)
German Aliens Bill
The
German Parliament – Bundestag – has decided on a new immigration bill on
March 1, 2002, which was accepted by the second chamber – Bundesrat – on
March 22, 2002. However, there is considerable disagreement on the voting procedure. The new bill is now awaiting signature
of the President Johannes Rau, but he is being put under great
pressure not to sign it. The CDU threatens to file a complaint to the Federal Constitutional
Court if the bill would be signed. Since Rau is under no time
limit to sign, it is not clear as to when a final decision can be expected.
- More
information
- Consult
the new Bill: Bundesratsdrucksache
157/02
Residence permits for
undocumented health Care workers
On 19 december 2001, a regulation was approved by the Federal government that
allows health care workers from Central and Eastern Europe to
apply for a residence permit. Many of them have already been working unofficially in Germany, and this regulation aims in fact at legalising them. The
regulation will remain in force until December 2002, and will then be replaced by
the new law on immigration. (Source: MNS January 2002)
Fines for undeclared employment
Also
on 19 December, a bill was approved by the Federal Government to increase the
liabilities and fines on companies which directly or indirectly engage workers
without a permit. The bill also states that a firm is also liable for the social
security payments that have to be paid by employees of a sub-contractor. Fines
for engaging workers without a permit will be up to 300.000 Euros.
Moreover, those firms will be barred from public works contracts for two to
four years. (source: MNS January 2002)
Trade
Unions and undocumented migrants
The
Trade Union Federation of Germany adopted essential aspects of the IG Metall
standpoint (see
previous PICUM Newsletter) and presented them at the parliamentary hearing
concerning the immigration legislation on January 16th. Organisations or experts arguing in favour of undocumented migrants at that
hearing were the German Catholic Church, the Evangelical Church, Prof. Bade, and
Mr. Jörg Alt.
- More info: www.
In Germany any individual who provides help to undocumented migrants is liable for punishment. Until now, judgments on church-asylum have been
exceptional. However it seems that a change is occurring in this tendency to ignore and tolerate.
Recently a priest in Papenburg was sentenced with a fine of 4000 DM for
providing church asylum to a Kurdish family for 9 months, after which the family was granted a residence permit. Two priests in Hildesheim
will have to go to court on July 3, because they also gave church
asylum to undocumented migrants.
- More info
GREECE
Regularisation
The regularisation procedure in Greece is suffering from a
lot of chaos, a total lack of
coordination and cooperation between the various agnecies handling the
legalisation process in the country. (MNS February and March 2002)
- More information
Step
forward in the recognition of employment rights for undocumented workers
The
supreme court of Greece ruled at the end of 2001 that undocumented workers are
entitled to their wages and to holiday bonuses. The legal base of this ruling
(1788/2001) is not in the labour legislation, since without a work permit and
without employment contract, an undocumented worker cannot refer to any
provision of the labour laws. The ruling is based on a law in the civil code
which sanctions misappropriate gains.
- More information
PORTUGAL
"Regularization"
A
law was approved in January 2001, enabling undocumented workers to apply for a
one year residence permit if they could prove employment. The Portuguese
government refused to use the word regularization, because of the alleged
magnetic effect! A total of about 150.000 migrants benefited from it. If they
remain employed, their residence permit will be renewed every year. After 5 years they
are entitled to a permanent residence permit. (MNS Feb 2002)
SWITZERLAND
Härtefallregelung
Many groups and
churches in Switzerland have been requesting a regularisation campaign. This led to discussion in Parliament on the issue, but the government rejected the
idea. Regularization is no longer an issue, and new criteria have been set for
granting permits on humanitarian grounds, as the only possibility left for
undocumented migrants to apply for legalistaion.
Violation
of church asylum
On 27 February
the police force of Bern broke the church asylum in the Johannes Kirche, where more than 20 undocumented migrants
found sanctuary. PICUM published a press release
on this event.
BELGIUM
Belgian
police men sued for death asylum seeker
5 Belgian
policemen will have to go to court for their responsibility in the death of
an asylum seeker during her expulsion in 1998.
(Top)
THE
NETHERLANDS
Trade unions
for undocumented workers
At
the end of February a trade union for undocumented migrants was established
in The Hague. The
initiative came from the Stichting Haags Islamitisch Platform (SHIP).
Undocumented workers can
register to organise in the fight against exploitation. The aim is to
give them a voice, to make sure they are no longer invisible.
- More info
Training
in detention centres for returning undocumented migrants
The
King William II prision in Tilburg gives trainings to undocumented migrants
that will be expulsed, to facilitate their return. In
addition to the
trainings, there
are also other measures to stimulate individual migrants to return, e.g. they help with the shipping of their
belongings. These measures are installed because the
staff of the prison wants to find a concrete workable way to execute the return
program of the government. [volkskrant
25 januari 2002]
- More
info
UNITED
KINGDOM
General
Update
on the general situation
New
White paper
Presented by Home secretary David Blunkett on 7 February; “Secure
Borders, Safe Haven: Integration with Diversity in Modern Britain”
-
- Press
review on White Paper Coverage (Friday February 8 2002
Campsfield
House Detention Centre closed down
On 7 Feb 2002, the Home Secretary David Blunkett announced the closure of
Campsfield House detention centre. This is part of the government white paper.
Campsfield House has been an immigration detention centre since November
1993.
- More info: http://www.closecampsfield.org.uk/
Yarl's
Wood Detention Centre closed down
The biggest detention centre in the UK, Yarl's
Wood lay in ruins after a major
disturbance by detainees.
-
More info:
http://www.ncadc.org.uk
Kalayaan
Health Care Awareness Project
Kalayaan
is organising a one-year health awareness and promotion project running from
February 2002 to February 2003, funded by KCW Health Authority. The project is
for all migrant domestic workers, and aims to support them in registering with a
GP, to display information about health care at the centre, to organise half-day
workshops on health issues, etc. For more info contact Natasha Pearce (+44 (207)
243.29.42 – KalayaanUK@aol.com)
SPAIN
"The other face of the Canary Islands"
Human Rights Watch criticized the substandard detention conditions and the
inadequate procedural rights afforded migrants and asylum seekers upon their
arrival to the Spanish islands of Fuerteventura and Lanzarote.
FRANCE
Marche
Nationale des Sans-papiers
An "National March of Sans Papiers" is taking place in France. It
started on 23 March in Marseille and will arrive in Paris on 27 April. The
organisations that took the initiative ask for a regularisation campaign in
France, as was promised by Jospin 5 years ago. More info: http://www.sudeducation.org/precarite/sanspapiers.htm
ITALY
Detention centre for Migrants 'Sans Papiers' Occupied and Wrecked
On
26th January 2002 part of the 'Movement of and for
Disobedients' (Movimento delle/dei Disobbedienti) occupied and
completely dismantled an area of the detention centre for undocumented migrants in Via
Mattei in Bologna Italy. (Source: NCADC, 27/1)
- More info
PICUM NEWS
New
staff members
Two new staff members joined PICUM on March 1st. Michele LeVoy (michele.levoy@picum.org)
is responsible for
the execution of the Book of Solidarity Project, and Isabelle Mediavilla (isabelle.mediavilla@picum.org)
is administrative assistant.
Ethical Code
PICUM is in the process of drafting an Ethical Code for social workers who
are providing help to undocumented migrants. A workshop program was held on this
theme
in Oirschot (NL) on 8 March 2002. (Consult the
minutes)
Annual Report
PICUM recently issued the Annual Report
2001.
General
Assembly
On 8 and 9 March 2002 PICUM's bi-annual general assembly took place in
Oirschot (NL). Issues that were under discussion included the second International Experts
Seminar on Health Care for Undocumented Migrants, the proceeding of the Book of
Solidarity project and the Ethical Code, and policy issues such as the
cooperation with the trade unions on employment matters and importance of
promoting return and development aid.
European Commission
Funding
The Book of Solidarity project is to a considerable extent sponsored by the
European Commission, DG Employment and Social Affairs, in the Social Exclusion
budgetline.
El Ejido,
Terre de non droit (French or German) : a report of an
international investigative commission on the racist uprisings in February 2000
in Andalucia. (European Civic Forum and Comité Européen de Défense de
Réfugiés et Immigrés, order at: longomai@karatel.fr
or eurocoop@swissonline.ch)
Report International Conference: The Baltic Sea as an Escape Route.(16
-18 November 2001) Can be ordered at baltic.net@frsh.de.
Le
goût amer de nos fruits et légumes (The bitter taste of our fruits and
vegetables): A publication on the exploitation of migrants in European
agriculture, is for sale for 10 EURO. To order, please contact the Forum
Civique Européen at longomai@free.fr
Migrant Workers – a TUC
Guide (Published by TUC and JCWI, 2002)
The booklet is intended for trade unionists, advisors, and migrant rights lawyers. You will find
information on the
rights of migrant workers, typical problems suffered by migrant workers, access
to employment, employment rights, etc. Order at: +44 (207) 467.12.94, TUC Publications, Congress House, Great Russell Street,
London WC1B 3 LS.
Le
monde Diplomatique: Histoire(s) d’immigration: the monthly newspaper Monde
Diplomatique issued a publication on migration stories, in French. French
Summary.
Who is Who: The swiss organisation "Solidarité sans frontières" published a booklet on "Who is Who in the asylum-, migration- and anti-racism field". It can be ordered at sekretariat@sosf.ch or via the website: www.sosf.ch.
Sans-
papiers mais pas sans droits (second edition, March 2002): French
publication of GISTI. The aim of the publication is to stress the fact that
undocumented migrants residing in France do have certain rights.
http://www.gisti.org/doc/publications/2002/sans-papiers/sommaire.html
Zur
Lage der Flüchtlinge in Deutschland (On the situation
of Refugees in Germany): In this report, Professor Dr. Kühne
(Dortmund) outlines six rules for a refugee policy of a different
kind, one of which is the inclusion of undocumented migrants in the total
picture, and the recognition and support for help structures for this group of
migrants.
- "Zur
Lage der Flüchtlinge in Deutschland"
The city of Wolfsburg (D) will hold a conference on Illegality and Human Rights in Wolfsburg on 8 May 2002. More info: Konrad.Schmidt-Ott@stadt.wolfsburg.de
On
18 May
The Networking project of NGOs working with undocumented migrants facing expulsion (Vernetzung von in Abschiebehaft ehrenamtlich Tätigen) of the Refugee Council in Leipzig is organising a national meeting on 19.04 - 21.04 in Leipzig. More info: www.abschiebehaft.de
Justitia et Pax, the Council of Churches and other Dutch organisations will hold a conference on "Globalisation and Labour Migration" in Amersfoort. For more info contact: Michel Peters, tel. +31 (70) 3136800, fax. + 31 (70) 313680, e-mail: m.peters@jupax.antenna.nl
The International Federation for Health and Human Rights Organisations is organising its annual meeting on 24-26 May 2002 in Soesterberg (NL). The main theme will be the right to health.
On Saturday the 15th June 2002
a big manifestation will take place in
Weil am Rhein– Basel
The
second edition of the European Summer School organised by the
Odysseus Academic Network from 1st to 12th July in Brussels on the
theme: "European Union Law and Policy on Immigration and Asylum”. For
further information: contact: +32 (0)2 650 38 85, odysseus@ulb.ac.be
or consult the website: http://www.ulb.ac.be/assoc/odysseus/SummerSchool2002UK.html
OTHER
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.
For
recent news on undocumented migration and further information: contact
the 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