No. 2

April 2002

ECRE DOCUMENTATION SERVICE

TABLE OF CONTENTS

Policy developments..................................................................................................................................................................................................... 3

UNHCR.......................................................................................................................................................................................................................... 3

Annual Tripartite Consultations on Resettlement............................................................................................................................. 3

Standing Committee Meetings..................................................................................................................................................................... 3

Resettlement Handbook................................................................................................................................................................................... 3

Global Consultations.......................................................................................................................................................................................... 3

COUNCIL OF EUROPE.................................................................................................................................................................................. 3

Repatriation programmes in Member States (Doc. 9339)............................................................................................................ 3

Vocational training of young asylum seekers in host countries (Doc. 9380), 11^th March 2002............................. 4

Recommendation Rec (2002) 4 of the Committee of Ministers to Member States on the legal status of persons admitted for family reunification.......................................................................................................................... 4

COUNTER-TERRORISM MEASURES............................................................................................................................................... 4

AFGHANISTAN..................................................................................................................................................................................................... 4

NATIONAL DEVELOPMENTS................................................................................................................................................................. 5

Austria........................................................................................................................................................................................................................ 5

Bosnia-Herzegovina........................................................................................................................................................................................... 5

Denmark.................................................................................................................................................................................................................... 5

Germany.................................................................................................................................................................................................................... 5

Greece......................................................................................................................................................................................................................... 5

Italy.............................................................................................................................................................................................................................. 5

Norway....................................................................................................................................................................................................................... 5

Switzerland.............................................................................................................................................................................................................. 6

OTHER INFORMATION................................................................................................................................................................................ 6

ECRE-USCR Research Project on “Protecting a Refugee’s Right to Flee”...................................................................... 7

Other ECRE Policy work................................................................................................................................................................................ 7

Publications............................................................................................................................................................................................................. 7

New Websites........................................................................................................................................................................................................ 8

Conferences and Seminars.............................................................................................................................................................................. 8

Courses....................................................................................................................................................................................................................... 8

Legal Developments..................................................................................................................................................................................................... 8

COUNCIL OF EUROPE.................................................................................................................................................................................. 8

EUROPEAN COURT OF HUMAN RIGHTS................................................................................................................................... 8

Family reunion involving a child who had remained several years without his parents in her native country: violation of Article 8....................................................................................................................................................... 8

EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMANE AND DEGRADING TREATMENT OR PUNISHMENT (CPT)......................................................... 8

Visit by the CPT to Switzerland, 5-15 February 2001................................................................................................................... 8

Visit by the CPT to Turkey, 2-14 September 2001.......................................................................................................................... 8

COUNTRY ASSESSMENTS......................................................................................................................................................................... 8

Turkey........................................................................................................................................................................................................................ 8

NATIONAL DEVELOPMENTS................................................................................................................................................................. 8

Australia.................................................................................................................................................................................................................... 8

Finland....................................................................................................................................................................................................................... 8

Ireland......................................................................................................................................................................................................................... 8

United Kingdom................................................................................................................................................................................................... 8

Home Office defeated in the case involving Penalty Systems for Clandestine Entrants............................................ 8

NEW SUPPORT GROUPS............................................................................................................................................................................. 8

EVENTS........................................................................................................................................................................................................................ 8

Central European Projects...................................................................................................................................................................................... 8

The ECRE Community Fund* project.................................................................................................................................................... 8

UNHCR-funded project..................................................................................................................................................................................... 8

ERF Project....................................................................................................................................................................................................................... 8

Brussels Developments............................................................................................................................................................................................... 8

Presidencies of the EU......................................................................................................................................................................................... 8

The Spanish Presidency................................................................................................................................................................................... 8

The forthcoming Danish Presidency......................................................................................................................................................... 8

The forthcoming Greek Presidency........................................................................................................................................................... 8

The debate on the future of the Union..................................................................................................................................................... 8

Treaty of Nice. The results of Nice........................................................................................................................................................... 8

Justice and Home Affairs Councils............................................................................................................................................................ 8

European Commission........................................................................................................................................................................................ 8

European Parliament........................................................................................................................................................................................... 8

ECRE.............................................................................................................................................................................................................................. 8

General Developments................................................................................................................................................................................................ 8

Policy Staff News................................................................................................................................................................................................ 8

Central Europe Projects Staff news........................................................................................................................................................... 8

Information Intern News.................................................................................................................................................................................. 8

Brussels Staff News............................................................................................................................................................................................ 8

Vacancy..................................................................................................................................................................................................................... 8

List of Annexes................................................................................................................................................................................................................ 8

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

Policy developments

UNHCR

Annual Tripartite Consultations on Resettlement

The Consultations will now take place on 18^th – 19^th June. Representation at the Consultations will be limited to four government representatives and four NGO representatives for each country. ECRE will present a paper based on the project funded by the German Marshall Fund and titled ‘Protecting a Refugee’s Right to Flee’.

Standing Committee Meetings

Andreas Danevad of the Norwegian Refugee Council presented a statement to the Standing Committee Meeting on 5 – 7 March on behalf of ECRE and the Belarusian Movement of Medical Workers. UNHCR’s Europe Director emphasized the need for the Amsterdam treaty to give due attention to high protection standards and indicated that a strong presence of UNHCR in Europe is needed.

The next Standing Committee Meeting will take place on June 24-26, 2002. The meeting will cover the following topic: The Agenda for Protection, economic and social impact of massive refugee populations on host developing countries, as well as other countries, safety and security issues.

Resettlement Handbook

UNHCR is updating some of the chapters of the Handbook following various developments that have been taking place in the resettlement activities in the last few years. The Country Chapters have been finalised, and include information on the legislation and practice of the major resettlement countries. These are now available from the Resettlement Section of UNHCR.

Global Consultations

ECRE has published an information sheet on the Global Consultations that detail the process so far, and further plans for 2002. There is also an appendix with details on the various documents pertaining to the Consultations published so far. Please find both documents attached as p020201 and p020202 respectively.

The final meeting of the Global Consultations will be held on May 22-24, 2002. The agenda includes the following topics: voluntary repatriation, local integration, resettlement, protection of refugee women and children.

COUNCIL OF EUROPE

The NGO Grouping ‘Social rights, European Social Charter, work and social policy’ presented the work and achievements of NGOs to the Congress of Local and Regional Authorities of Europe (CLRAE) on 18^th March 2002. The subject was ‘integration of people excluded from employment’ in relation to three categories of people, including migrants. For further information please contact Jean-Marie Heydt at the Grouping on jean.marie.heydt@wanadoo.fr.

Repatriation programmes in Member States (Doc. 9339).

A motion for a recommendation on this subject was presented to the Council of Europe Parliamentary Assembly on 31^st January 2002. The motion recommends that the Committee of Ministers study the problem of repatriation and report its findings to the Assembly, develop guidelines for establishing viable repatriation programmes in countries of origin, and explores the funding of exiting repatriation programmes.

Vocational training of young asylum seekers in host countries (Doc. 9380), 11^th March 2002.

The Committee on migration, refugees and demography has published a report on this issue by Mrs Ans Zwerver. The draft report was adopted by the Committee on 8^th March. The report concludes that there is no uniformity of the availability of vocational training across Europe for asylum seekers. The private sector plays little role, with the majority of training being offered by the voluntary sector. The report indicates that the provision of such training is important for asylum seekers who are given refugee status as it facilitates their access to the labour market and so end their reliance on social benefits. It is also useful for rejected asylum seekers, as they will have gained skills and so may be more willing to return home. The report is available on the Council of Europe Parliamentary Assembly website: http://stars.coe.fr/.

Recommendation Rec (2002) 4 of the Committee of Ministers to Member States on the legal status of persons admitted for family reunification.

On 26^th March 2002 the Committee of Ministers adopted the recommendation, and encouraged States to ratify other relevant Conventions. The recommendation covers the residence status of family members, the autonomy of the family member’s residence status in relation to that of the principal right holder, effective protection against expulsion of family members, equal access to the labour market, to education and to social rights for family members and freedom of movement within the territory of residence. There are also recommendations concerning the right to vote and the acquisition of nationality. The recommendation is available at: http://cm.coe.int/stat/E/Decisions/2002/790/790_DELDEC.htm.

COUNTER-TERRORISM MEASURES

An inter-parliamentary conference on combating terrorism took place in St Petersburg on 27^th – 28^th March.
The conference was organised by the Council of Europe Parliamentary Assembly and the Inter-Parliamentary Assembly of the Commonwealth of Independent States (IPA CIS). The purpose of the conference was to provide broad political support for the international fight against terrorism and to agree on conditions - in particular with regard to respect for human rights and the rule of law - in which this campaign should be carried out. A final declaration has been published which stresses the need for cooperation between States and calls on all States to ratify the Statute of the International Criminal Court and the Conventions in this field. The declaration is available at http://stars.coe.fr/Features/St-Petersburg/FinalDeclaration_SaintPetersburg.htm.

The Council of Europe is currently developing guidelines on terrorism.
They will be discussed by the Group of Specialists on Human Rights and the Fight Against Terrorism (DH-S-TER) on 16^th – 19^th April, when they should be finalised. ECRE has commented on the provisional draft guidelines, particularly on Article XII, which deals with asylum. ECRE considers that the wording of this article needs to be strengthened and a specific reference be made to the 1951 Geneva Convention relating to the Status of Refugees and the 1967 Protocol. This is essential given the possible applicability of Article 1F of the Geneva Convention in cases involving applicants suspected of terrorist activities.

AFGHANISTAN

The International Council of Voluntary Agencies (ICVA) in Geneva has released a report on ‘NGO Coordination and Some Other Relevant Issues in the Context of Afghanistan from an NGO Perspective’. The report was written by ICVA’s Coordinator, Ed Schenkenberg van Mierop, following a mission in Pakistan and Afghanistan. It analyses the work done by NGOs on the ground, giving the difficulties they face in their day-by-day activity, highlighting the differences between the situation in Afghanistan and the one NGOs faced in Kosovo in 1999. The report also offers a brief assessment of the UN mission. For a copy of the report, contact ICVA: secretariat@icva.ch.

Three reports on UNHCR plans for repatriation of Afghan asylum seekers have been published. They are ‘UNHCR’s programme for repatriation and reintegration, October 2001 – December 2002’, ‘Immediate and transitional assistance programme for the Afghan people 2002, updated financial requirements’, and Assistance for Afghanistan situation – consolidated requirements’. They are available from Nadine Verspecht at UNHCR RO Brussels, Verspech@unhcr.ch.

ECRE have updated their table on the current treatment of asylum applications from Afghan asylum seekers in Europe. Please find it attached as annex p020203.

NATIONAL DEVELOPMENTS

Austria

Austria is planning an amendment of the Aliens Act, the Asylum Act and of the Act on the Employment of Foreigners. The current draft is available in German under www.bmi.gv.at/begutachtungen/. So far there is no translation available. The amendment will enter into force on 1 January 2003. The law should pass the Parliament before summer.

Amendments of the Asylum Act mainly concern the implementation of Eurodac.

Bosnia-Herzegovina

The UNHCR announced that a total number of 98,865 Bosnians had returned home last year. The majority of them went to areas where their ethnic group is a minority. This was possible because of the pressure from the international agencies on the local authorities to proceed with the eviction of people occupying property illegally. Bosnians have been provided with a strong incentive to return to their previous properties.

The UNHCR also informed that more than 100 Bosnian Muslims had returned to their homes in Srebrenica after they had left in July 1995 when about 7,000 were killed in one of the worse massacres since the Second World War.

Denmark

Following the Danish Draft Bill on amending the current Aliens Act, the Marriage Act and other Acts (Ref: 2001/7310-81), UNHCR has issued a comments paper. UNHCR had previously expressed its concern about the tone of the debate about the issue in Denmark. It now recommends to the Danish government to ensure that the Bill, which appears inconsistent with international refugee and human rights law, is properly amended.

Germany

On March 1, 2002 the Bundestag voted the new immigration law. It then went to the upper house, the Bundesrat, where it was also voted 35-34. The result was however contested by conservatives who claimed that the voting process was invalid. The German Constitution requires states to cast a unanimous vote. It was suggested that officials from the same state shouted both ‘yes’ and ‘no’ during the voting procedure. An in-favour vote was registered and a protest immediately followed. It will be the Constitutional Court to decide on the matter. If the new law is upheld, it would give highly qualified foreigners the opportunity to obtain permanent residency beginning January 1, 2003. Other educated foreigners could also receive temporary permits, while foreigners graduating from German universities could receive one-year work permit after graduation.

Greece

The Ministry of Interior granted an extension of three months to migrants wishing to renew their residence permit granted during last year’s amnesty. However, the decision of whether or not to grant the extension is left to the discretion of prefectures. The amnesty enabled applicants to receive a six months’ temporary residence permit. They had to submit a new application for a 12 months’ permit before the expiry of the previous one. The National Ombudsman had highly criticised the entire procedure, arguing that it could take a long time to complete the operations.

Italy

A tougher immigration bill [DDL 4 April 2002, n.51} has been approved by the Senate on February 28, 2002 and is now awaiting action by the Chamber of Deputies. The new law would allow foreign workers to enter the country only if they can prove that they have a work permit. At present, migrant workers may remain in the country for the duration of their residence permit. Under the new law, a residence permit will be valid only as far as the migrant worker is still employed. Otherwise, he has to leave the country. The new Aliens Bill would restrict the number of relatives allowed to join immigrants. Only children under the age of 18 will be allowed to join their parents with a regular work permit. The new law would also allow the use of warships to patrol Italian coasts to deter boat people approaching the country by sea.

Norway

The statistics from Inter-Governmental Consultations on Asylum, Refugee and Migration Policies (IGC) show that, in 2001, only 2,2% of asylum seekers in Norway got asylum, 30,3% got residence on humanitarian basis and 13 304 decisions where made

The Department on immigration and politics issues proposes that asylum seekers whose application has been rejected but who nevertheless stay in Norway shall not get any economic support. This means that they will not get any money to buy clothes or even see a doctor; however, they will still get money to buy some food.

Switzerland

Given the still unstable situation in Afghanistan, the Swiss Federal Office decided to freeze the decision-making process concerning Afghan asylum seekers’ applications. At present, no forced return to Afghanistan will take place. This provision does not apply to criminals, who will be sent back immediately. For those willing to go back to their country permanently, return assistance is available on request (CHF 2000.-/adult, CHF 500.-/child).

The new bill aimed at revising the asylum law, scheduled to be presented to Parliament at the beginning of this year, will not be presented until this autumn. Priority has been given to other issues such as nationality law, entry and stay of foreigners.

The Federal Office recently undertook a study on the impact of employment for asylum seekers on the Swiss society. The study stated, that the employment of asylum seekers is in the interest of society because tensions are avoided and differences between the different groups of the society could be overcome. Contrary to the present policy, employment opportunities for persons with a complementary form of protection should be promoted. http://www.bff.admin.ch/deutsch/news1d.htm link Archiv (31.01.2002: Studie zu Asylsuchenden und Arbeitsmarkt)

The government published an explanatory report to its proposal for a new Aliens Act. The proposal will now be considered by the Federal Parliament. Persons from outside the EU will be admitted only if they are highly qualified and their working-capacity is urgently needed. Family reunification will be possible only during the first five years of a sojourn in Switzerland and depends on the status and the financial resources of the alien. The new law furthermore gives way to carrier sanctions and permits the filming of all passengers at the airport and a comparison of those pictures with a database. The reasons for detention of asylum seekers are expanded.

Lower House rejects a proposal to allow asylum seekers to work: on 14 March the Lower House of the Federal Parliament rejected two proposals aimed at ending the employment ban imposed on asylum seekers during the first three months of the asylum procedure (in some cantons the ban can last much longer) and at reintroducing the seasonal worker system which would have allowed in 18,000 persons to provide the manpower needed in agriculture (second proposal).

United Kingdom

New Asylum Guidelines Unveiled. A tough package of measures has been unveiled to crack down on illegal immigrants and on employers who hire labour on the black economy. Powers to stop illegal working will be strengthened in the Nationality, Immigration and Asylum Bill, including measures to "compel" employers hiring cash-in-hand workers to co-operate. Immigration officers will have new power to enter businesses to search for illegal immigrants and demand information to detect asylum fraud. Further, the officers will get a new power to remove children born in the UK when their parents entered the country unlawfully. Another move will see the maximum jail term for people convicted of harbouring illegal immigrants raise from six months to 14 years. The Bill also includes plans for a "citizenship pledge" ceremony in which immigrants would have to swear allegiance to the monarch and to uphold Britain's laws and democratic values.

In a bid to strengthen Britain's borders, carriers such as airlines will face a new "right to carry" scheme, where they will have to obtain clearance for passengers before they begin their journeys. Carriers will be obliged to check passengers' details against a database to confirm they pose no known immigration or security risk. The Bill says immigration officers will eventually use hi-tech "physical recognition equipment" -such as iris scans - to target immigration offenders or security threats before they set out for the UK. There are also plans to make it compulsory to learn English, Welsh or Scottish Gaelic for those who want to apply for citizenship.

OTHER INFORMATION

ECRE-USCR Research Project on “Protecting a Refugee’s Right to Flee”

ECRE and USCR have been working since August 2001 on a joint transatlantic research project on examining the feasibility of processing asylum and refugee claims in countries of first asylum in regions of origin and the possibilities for increasing resettlement and other kinds of EU involvement in these countries. The overall purpose of this project is to provide an informed and expert contribution to policy-making in Europe and the U.S. to ensure that a balanced approach is adopted with regard to migration measures so that refugee protection is safeguarded. The project aims to offer possible solutions to alleviate the impact of immigration controls on genuine refugees in need of international protection by examining ways to enable refugees to legally travel to Europe and the U.S. and access protection. The project has involved extensive field research in regions of origin, focusing particularly on Kenya, Turkey, Syria, Jordan and Lebanon and will result in a joint ECRE-USCR report to be published in late summer 2002.

Other ECRE Policy work

· The report on Freedom of Movement has been completed and will shortly be made available on the ECRE website.

· The Secretariat is continuing to work on a position paper on Returns which will be available later in the year.

· The Secretariat is discussing ways of increasing refugee participation in the development of its policy positions and other ECRE activities.

· Work is continuing to lobby national governments to adopt good minimum standards in their negotiation of the Proposal for a Council Directive laying down minimum standards for the

· reception of applicants for asylum in Member States. ECRE will monitor the response to the Directive after it has been adopted.

· ECRE together with Amnesty International (UK) are jointly organising a Policy Meeting on Exclusion from Refugee Protection. This will take place on Tuesday 28 May 2002. The aim of the meeting is to invite lawyers, NGO representatives, UNHCR and academics to have a brainstorming session on controversial issues relating to exclusion from refugee protection and develop some advice for Amnesty International (UK) and the European Council on Refugees and Exiles. ECRE will then work towards finalising its position on exclusion.

· ECRE is in the process of completing comments on the Commission's working document on the relationship between safeguarding internal security and complying with international protection obligations and instruments

· ECRE published comments on the Proposal for a COUNCIL DIRECTIVE on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection in mid March.

Publications

Save the Children has produced a report on a study carried out on young asylum-seekers and refugees who have been separated from their parents. The project focused on different aspects of their lives from the time of their arrival in the UK, particularly access to education, health and social services. Particular attention was given to asylum procedure and its length. The full report, ‘Cold Comfort: separated refugees in England’ (2001; ISBN I 84187 043 9), and can be obtained from Save the Children, c/o Plymbridge Distributors Ltd. Estover Road, Plymouth PL6 7PY; tel. 01752 202 301.

Human Rights Watch has published ‘Spain - the other face of the Canary Island: rights violations against migrants and asylum seekers’. The report deals with the treatment migrants are subjected to on the Spanish island, and suggests a continuous violation of human rights by the local authorities. It examines different issues, such as detention conditions in the airport facilities, the process leading to detention, access to asylum, international and regional standards of detention. A copy of the report can be obtained from hrwatchuk@hrw.org or hrwbe@hrw.org.

Human Rights Watch has also published its ‘World Report 2002 from Human Rights Watch’. It reviews human rights practices around the world by looking at abuses of human rights in all regions of the world and monitoring the responses of other nations and organizations to those abuses. It also focuses on the growing global campaign to end terrorism. For information from Human Rights Watch, 350 Fifth Avenue, 34th floor New York, NY 10118-3299,USA. Tel: 1 212 290 47 00; fax: +1 212 736 1300; e-mail: hrwnyc@hrw.org; http://www.hrw.org

The Refugee Council, UK, has produced its report on the Sri Lanka Project called ‘Sri Lanka – Human Rights and Return of Refugees’. The report examines the local situation concerning human rights protection in the on-going armed conflict in the island. It ranges from freedom from torture and racial discrimination to the right to life, liberty and security of the person. It also deals with freedom of movement and the issue of returnees. The report finally explains how Western governments, ie European governments, are dealing with the problem and what the outcomes of their activity are. For further information, please contact the Refugee Council, 3 Bondway, London SW8 1SJ, 020 7820 3000, or visit the website www.refugeecouncil.org.uk.

The House of Lords Select Committee on the European Union produced a report on ‘Asylum applications – Who Decides?’, following the EU Proposal for a Council Regulation establishing the criteria and the mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country [COMM (2001) 447 Final]. It analyses the proposal, attempting to assess its strengths and weaknesses by a comparison with the current legislation in force, the Dublin Convention [1997] OJ L 254/1. The report is available at the price of £ 13 from book.orders@theso.co.uk.

Four new titles in the UNHCR Working Paper series are out. They can be accessed on the Evaluation and Policy Analysis Unit page of the UNHCR website at http://www.unhcr.ch/. Hard copy versions of the working papers are also available free of charge. You can send any orders to: hqep00@unhcr.ch. The titles are:

‘Participatory and beneficiary-based approaches to the evaluation of humanitarian programmes’, Tania Kaiser, February 2002; ‘Complementary or subsidiary protection? Offering an appropriate status without undermining refugee protection’, Jens Vedsted-Hansen, February 2002; ‘Changing priorities in refugee protection: the Rwandan repatriation from Tanzania’, Beth Elise Whitaker, February 2002; ‘Global governance and the evolution of the international refugee regime’, Laura Barnett, February 2002.

The latest issue of Forced Migration Review is now available online at http://www.fmreview.org/mags1.html. In addition to a series of articles on development induced displacement FMR12 also has articles on trafficking, separated children seeking asylum and social work with unaccompanied young asylum-seekers

In its new report "Racism and Cultural Diversity in the Mass Media" the European Monitoring Centre on Racism and Xenophobia (EUMC) has published a comprehensive overview of media research with regard to racism, and examples of good practice on anti-racism and cultural diversity in the 15 EU Member States. It is available at http://www.eumc.at/publications/media-report/.

‘Denied a Future? The Right to Education of Roma/Gypsy & Traveller Children in Europe’. This report by Save the Children examines education in 14 countries across Europe.  It highlights the impact that a lack of personal security and freedom of movement, poverty and powerlessness all have on access to education for Roma/Gypsy and Traveller children. To download this report go to: http://www.savethechildren.org.uk/development/reg_pub/daf.htm.

‘Examining asylum seekers: A health professional’s guide to medical and psychological evaluations of torture’ has been published by Physicians for Human Rights. This guidebook is designed specifically for medical or mental health professionals seeking to develop knowledge and skills needed to conduct clinical evaluations of asylum seekers and assess physical or psychological evidence of torture and ill treatment. Several sections of this guidebook are based on recent international guidelines for medical/legal documentation of torture as outlined in the 1999 Istanbul Protocol for Documenting Torture. The report is available at http://www.hrea.org/erc/Library/medical_personnel/phrusa-01.html.

A new report has been published entitled ‘Mothers in exile: Maternity experiences of asylum seekers in England’. It found that asylum seekers and their babies survived in a support system that fell far short of meeting their most basic needs for adequate food and safe shelter. The associated briefing paper is available at http://www.asylumsupport.info/mothersinexile.htm.

The Inter-Parliamentary Union in Geneva with the cooperation of the Office of the United Nations High Commissioner for Refugees has published the handbook ‘Refugee Protection – A Guide to International Refugee Law’. It is designed specifically for Parliamentarians and examines a wide range of issues including legal framework of International Refugee Protection System, the role of the UNHCR, defining refugees, international protection in practice, alternatives to detention and protection against discrimination, accession to international instruments (i.e. Refugee Conventions and Protocol) and their adoption and funding.

The Danish Centre for Human Rights, in collaboration with UNHCR, has conducted a study on ‘Safe Avenues to Asylum? The Actual and Potential Role of EU Diplomatic Representatives in Processing Asylum Requests’. The main issue concerns the possibility of an obligation for states under international law to provide assistance at their embassies to persons in need of protection. It also examines procedures undertaken by six EU member states and four non-EU member states, concerning the opportunity to apply for asylum at their embassies abroad. The full text of the report is available on http://www.humanrights.dk/departments/Research/RRP/pilotstudy.doc/

‘The Price of Indifference – Refugees and Humanitarian Action in the New Century’, by Arthur C. Helton, Oxford University Press, March 2002. The book analyses refugee policy responses over the past decade and calls for reforms to re-orient the international involvement and to cope with new challenges. For a copy of the book, which costs £45 (hardback) or £14.99 (paperback), please contact: +44 1536 741519 or book.orders@oup.co.uk.

The Program on Humanitarian Policy and Conflict Research (HPCR), Harvard University, has produced a new Policy Brief on ‘Afghanistan: A new Era of Humanitarian Assistance’. Based on a series of interviews conducted in the field from January to March 2002, the policy brief provides a critical analysis of the efforts to provide humanitarian aid in Afghanistan. The primary aim is to offer donors and agencies a sort of guidance with the purpose of addressing the serious deficiencies of international aid operations. For further information, contact: hpcr@hpcr.harvard.edu.

Attached is an ECRE document entitled ‘Internal Protection Alternative for Iraqi Asylum Seekers’, detailing the practice in European countries as regards returns of Iraqi’s from Central Iraq to the north, and the status they are commonly given. Please see annex p020204.

New Websites

A new French web-journal on immigration and resource bank is available at: http://barthes.ens.fr/clio/actes.html, created by the Groupe de recherches Socio-historiques (Research Group on Socio-history) at the Ecole Normale Superieure in Paris. The journal is entitled "Actes de l'histoire de l'immigration" (Proceedings on the History of Immigration).

The Enlargement Research Bulletin issue 4 is available on: http://europa.eu.int/comm/enlargement/docs/research/current_issue.htm. Europe2020 also offers a daily newsletter on the EU-CEEC relations (http://www.europe2020.org/en/ceec/information.htm), a section that constantly assesses the enlargement process (http://www.europe2020.org/en/ceec/index.htm) and training sessions in the candidate countries (http://www.europe2020.org/en/ceec/training.htm).

A website for the European Information Campaign for People in Need of International Protection is now available at http://www.iom.int/internationalprotection/.

This campaign is a joint initiative by IOM, the European Commission, and UNHCR. The Campaign, which is funded by the European Commission under the European Refugee Fund aims at raising the awareness of European public opinion towards people in need of international protection (refugees, asylum seekers and people with temporary protection status), and at combating racism, discrimination and prejudices towards this target group with a view to easing their eventual integration into the host societies.

A new website with information for women who want to migrate to Europe and those already in the migration process is available at http://www.femmigration.net. So far the information is on Germany, the Netherlands, Italy and Austria. Further countries will be added in 2003. Legislation, labour regulations, social security systems and regulations for the protection of the victims of trafficking in women are all included.

I CARE, the Internet Centre Anti-Racism Europe, has opened a new page where the National Action Plans (NAPs) in Europe, following the UN World Conference Against Racism, are available. On this page you will find an overview of NAPs, a guideline for NAPs, proposals for NAPs in different countries and information on any progress made. The page is http://www.icare.to/naps/. I CARE has also created a new mailing list with the purpose of discussing National Action Plans, called nap@icare.to. You can subscribe to it by sending an email to info@icare.to with "subscribe naps" in the subject line.

A new learning resource on refugees by the Human Rights Education Associates’ (HREA) is now available on line. The first tutorial can be downloaded from http://www.hrea.org/learn/tutorials/refugees/sitemap.html

Conferences and Seminars

The Cicero Foundation is organising a seminar on ‘European Refugee and Migration Policy’. It will take place on 16-17 May 2002 in Rome, Italy. For further information please contact info@cicerofoundation.org.

The Committee on Migration, Refugees and Demography is organising a conference on ‘Hearing on the humanitarian situation of refugees and displaced persons in CIS countries’. It will take place on 10-12 June in Voroney, Russia. For further information please contact the Parliamentary Assembly of the Council of Europe Secretariat; tel.: +33 3 88 41 23 55; +33 3 88 41 27 76; e-mail: assembly@coe.int.

The Groupe d’Information et de Soutien des Travailleurs Immigrés is organising a seminar in French on ‘The right of asylum’. It will take place on 13-14 May 2002 in Paris, France. For information: GISTI, 3 villa Marcès, F-75011 Paris, tel.: +33 1 43 14 84 84; fax: +33 1 43 14 60 69; e-mail: gisti@ras.eu.org; http://www.gisti.org.

Courses

A ‘Summer Course on Refugee Law’ has been organised jointly by the International Institute of Human Rights and the High Commissioner of the United Nations for refugees. It will take place on 17-28 June in Strasbourg, France. For further information and applications please contact IIDH, 2, allée René Cassin, 67000 Strasbourg, France; tel: +33 3 88 45 84 45; fax: +33 3 88 45 84 50; e-mail: administration@iidh.org; http://www.iidh.org.

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

Legal Developments

COUNCIL OF EUROPE

The Committee of Ministers of the Council of Europe has adopted a text banning the death penalty in all circumstances, including for crimes committed in times of war and imminent threat of war. No derogation or reservation will be allowed to Protocol No. 13 to the European Convention on Human Rights. The adoption is a strong political signal that the death penalty is unacceptable in all circumstances.

The text will be opened for signature to all member states on 3 May 2002, in Vilnius, when the Committee of Ministers meets for its 110^th session.

The text of Protocol No. 13 and its explanatory report is available on www.coe.int/cm.

EUROPEAN COURT OF HUMAN RIGHTS

Family reunion involving a child who had remained several years without his parents in her native country: violation of Article 8.

In a judgement on 21/12/2001 (SEN v. Netherlands, No. 31465/96), the European Court of Human Rights unanimously held that the rejection of an application for a resident permit for a child who had stayed in her aunt’s custody in her country of origin while her parents were living in Netherlands, constituted a violation of Article 8, providing for respect for family life.

The three applicants are Turkish nationals. The first and second applicants are settled in the Netherlands. The first applicant arrived in the Netherlands in 1977 and married in Turkey in 1983. His wife joined him in 1986 leaving their daughter (the third applicant), who had been born in Turkey in 1983, in her aunt’s custody. They have two other children who were born in 1990 and 1994 in the Netherlands and have always lived with their parents. In the meantime, in 1992, the first applicant had asked the Dutch authorities for a temporary resident permit for the third applicant, who was still living in Turkey. This was refused by the Minister of Foreign Affairs on the ground that because of the mother’s departure, the child had changed family units and that the two first applicants had not contributed to her upbringing.

The legal issue at stake in this case was whether the Dutch authorities had a positive obligation to authorise the third applicant to live in the Netherlands, to enable the applicants to develop a family life on Dutch territory. The Court had regard to the young age of the child when the application was made (nine years old) and noted that she had spent her whole life in Turkey and had strong links with the linguistic and cultural environment of her country in which she still has relatives. However, there was a major obstacle to the rest of the family’s return to Turkey. The two first applicants had settled as a couple in the Netherlands, where they have been legally residents for some years, and two of their three children have always lived in the Netherlands and went to school there. They therefore have few links, if any, with Turkey other than their nationality. Accordingly, a move to the Netherlands by the third applicant was the most appropriate way to establish family life with her, especially as she was still a child and there was a particular need to integrate her in her parents’ family unit. The fact that the second applicant had left her daughter, then aged three, in Turkey in order to join her husband in the Netherlands could not be regarded as an irrevocable decision to leave her, neither was the fact that the applicants had been unable to make a financial contribution towards their daughter’s upbringing. The Court then concluded that the Netherlands had failed to strike a fair balance between the applicant’s interests and their own interest in controlling immigration, thus delivering an important judgment regarding the protection of family reunification. The text of the judgment is available in full, in French only, on the Court’s website: http://www.echr.coe.int/Eng/Judgments.htm

EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMANE AND DEGRADING TREATMENT OR PUNISHMENT (CPT)

Visit by the CPT to Switzerland, 5-15 February 2001

On 25 March 2002, the CPT made public its report on a visit carried out in Switzerland. The CPT strongly criticised the methods used in carrying out expulsion by force (so-called level 3 and 4 deportations when the foreigners concerned are expected to put up strong resistance). The CPT criticised the use of handcuffs and ankle-cuffs, obliging adults to wear diapers instead of allowing them to go to the toilets, the putting of tape around the deportee’s mouth, etc. These methods are qualified in the report to present a “manifest risk of inhuman and degrading treatment”. The Committee proposed the introduction of procedures to prevent positional asphyxia as well as proper training of escorting staff. The criticised methods have already resulted in the death of two rejected asylum seekers in May 2001 and March 1999 (Source: Migration News Sheet, April 2002). The full report is available in French only at: http://www.cpt.coe.int/fr/rapports/inf2002-04fr.htm

Visit by the CPT to Turkey, 2-14 September 2001

The preliminary observations made by the delegation of the CPT were published on 19^th March 2002. During the visit the delegation went to the detention facility of the Aliens Department at Istanbul Police Headquarters and the Aliens Department at Van Police Headquarters. The CPT made it clear that conditions left a lot to be desired and consequently it urged the Turkish authorities to take action in response to its observation and is hoping to get an account of the measures taken within three months. The full text of the observations is available at http://www.cpt.coe.int/en/reports/inf2002-03en.htm

COUNTRY ASSESSMENTS

The US State Department Human Rights reports are now available on line at the following URL: http://www.state.gov/g/drl/rls/hrrpt/2001/

Turkey

In January 2002, the British Home Office published a report on the human rights situation in Turkey according to which, despite the fact that some changes have been introduced in the Turkish legislation, some major areas of concern remain regarding the exercise of fundamental freedoms by individuals.

The Home Office assessment then refers to the US State Department’ report on Turkey (available at http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8358.htm), which points out that extra-judicial killings still take place in Turkey, including death due to excessive force. Further, torture, beatings and other abuses by security forces remained widespread. The US State Department report also records that the rarity of convictions and the light sentences imposed on police and other security officials for killings and torture continues to foster a climate of impunity that remains the major hurdle to reducing torture and prisoner abuse. However, unlike in 1999, there was no death in detention due to the use of torture and no reports of mystery killings and disappearances of political activists.

The Home Office assessment, then referring to a report from the European Commission (Regular Report on Turkey’s Progress towards Accession”, November 2001), points out that though it was beginning to make progress in some areas, Turkey was not yet meeting the political criteria for EU membership. The European Commission is now focusing on the way in which the new constitutional changes adopted by the Turkish Parliament on 3 October 2001 regarding human rights issues are being implemented. These changes include a number of substantial prison reforms, reform of the judicial system as well as the abolition of the interdiction to use languages other than Turkish.

The other main area of concern is arbitrary detention. The Home Office report highlights the fact that it is almost impossible to know how many people are detained without any charges. This is made possible by the fact that a large proportion of detentions seem to be unrecorded and to take place at locations unknown publicly.

The Home Office country assessment then describes the different categories of asylum claims made by Turkish nationals in the UK and gives relevant information on Turkey, such as on military service obligations, village guards, illegal political activities, internal flight in Turkey and treatment of returned asylum seekers. It finally provides with information on implications of judicial review cases that relate to a specific category of asylum seekers (Kurdish origin, lack of documentation and being a military draft evader), referring to a Court of Appeal judgment made on the 28^th January 2000. (For more information contact the Home Office Country Information and Policy Unit).

Implementing Roma Rights in Europe: ERRC Contribution to Council of Europe Meeting

On March 4, 2002, the European Roma Rights Centre (ERRC) submitted oral and written comments to a meeting on the "the legal situation of Roma in Europe" of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe. The context of the meeting was a reassessment of Parliamentary Assembly Recommendation 1203 (1993), adopted almost a decade ago. In an oral presentation to meeting, ERRC Executive Director Dimitrina Petrova welcomed the Parliamentary Assembly's initiative as an opportunity for the Council of Europe to play a more active role in implementing Roma rights. She additionally told the meeting that any new Parliamentary Assembly recommendation adopted should emphasize human rights, anti-discrimination and the struggle against racism as central to any policies and/or laws addressing the situation of Roma in Europe. The ERRC also submitted a 33-page written statement including concerns and policy recommendations to those present at the meeting. The full text of the ERRC submission is available on the Internet at: http://errc.org/publications/legal/index.shtml.

NATIONAL DEVELOPMENTS

Australia

On April 11^th, the High Court of Australia granted asylum to a Pakistani woman, arguing that women in Pakistan can qualify as a persecuted social group (Minister for Immigration and Multicultural Affairs v. Khawar [2002] HCA 14).

Ms Khawar and her children arrived in Australia in June 1997, and lodged applications for protection visas in September 1997. In February 1998, the applications were turned down. The respondents sought review of that decision by the Refugee Review Tribunal. In January 1999, the Tribunal affirmed the first decision.

The text of the decision is available in full text on: http://scaleplus.law.gov.au/html/highcourt/0/2002/0/2002041114.htm


Bulgaria

Parliament adopts a Bill covering various forms of protection

On 15 February, the Bulgarian Parliament adopted a Bill covering various forms of protection that can be offered to asylum seekers. The Bill aims at regulating the legal status of four possible categories of asylum seekers: those who may be granted asylum by the president, those who qualify for refugee status within the meaning of the 1951 Refugee Convention, foreigners who cannot be returned to their country for humanitarian reasons and finally large flows of war refugees fleeing internal or international conflicts who are in need of temporary protection. The text outlines the different procedures to be followed in establishing and recognising the legal status of those in need of protection. It also aims to ensure guarantees and strikes balance between the interests of the Bulgarian people and the State, the country’s economic policy and the country’s international obligations. The new law comes at a time when the number of asylum seekers is increasing in Bulgaria: there are currently 6,000 under the care of the UNHCR.

Finland

The comprehensive reform of the Aliens´ Act is currently on the table. The Ministry of Interior published a committee meeting report in November (350 pp.) with a suggestion of 176 articles (the current Act has some 80 articles). NGOs together with respective ministries and organisations gave their statements by 11 January 2002. According to the latest information the Bill will be introduced to the Parliament in September 2002, which will mean that it will be discussed only after the March 2003 parliamentary elections.

The Helsinki Administrative Court delivered a decision 22 March 2002 regarding a stateless Palestinian applying Article 1 (D) of the 1951 Convention. The Court stated that UNWRA’s protection had ceased in the applicant’s case thus enabling the ipso facto right to enjoy the rights protected by the 1951 Convention.

The Helsinki Administrative Court has also delivered recently two decisions regarding citizens of Afghanistan stating that they are in need of international protection on grounds of the human rights and security situation in the country. The applicants were granted a de facto refugee status in Finland (residence permit with status A.3), not Convention status.

The Helsinki Administrative Court has delivered a positive decision on a Somalian family reunification case, which concerned a family living in Finland and the 70-year-old grandmother living in Ethiopia. The Court argued that in this case the purpose was to continue previous family life and that under the Finnish Aliens´ Act there is a possibility to grant a residence permit to a family member outside the nuclear family if there exists full dependence between family members in Finland and abroad.

Ireland

The Supreme Court dismisses argument that the constitutional right to life of the unborn applies also to the unborn child of a future mother from a country with a health service inferior to that of Ireland

On 14 February 2002, the Supreme Court unanimously dismissed an appeal against a High Court judgement by a pregnant woman asylum seeker whose asylum application had been rejected in a final decision. The Supreme Court also refused to allow her to stay for five more days in Ireland to submit an application to the European Court of Human Rights. The main arguments raised by the asylum seeker’s lawyers were based on the right to life of the unborn, which is enshrined in Article 40.3.3 of the Irish Constitution. They claimed that it would be contrary to the Constitution to return the woman to Nigeria where health services are inferior to the ones in Ireland and consequently the unborn child was faced with a potential risk to life. They also argued that since the unborn child was “a person”, there had to be a specific decision to deport the unborn, including the making of a deportation order. In rejecting the appeal, the Supreme Court stressed that the case concerned the legal right or entitlement of the Minister of Justice to deport a person whose asylum application had been definitely turned down, and that the case had nothing to do with the right to life of the unborn child, a right aimed at “protecting” the unborn from abortion.

High Court to rule on whether asylum seekers whose claims are rejected after the birth of a child in Ireland may be deported

On 20 March 2002, the High court began to hear the cases of two rejected asylum-seekers whom the Minister of Justice wanted to have removed from Ireland despite the fact that each one has a child born in Ireland and is thus the parent of an Irish national. Both asylum seekers were informed that their asylum claim had been turned down after the birth of their child in Ireland. The practice so far of granting foreigners a right of residence because they happen to be the parents of a child born in Ireland is based on a Supreme Court ruling handed down in 1990 concerning a couple of illegal immigrants who had three children born in Ireland. However, the Ministry of Justice has adopted a tougher line in recent months, arguing that the Irish law on citizenship granting citizenship to every person born in the country is being abused by rejected asylum seekers.

The outcome of these two cases should determine whether asylum seekers who have children while their applications are being processed are entitled to remain in Ireland or whether they must have first spent an appreciable length of time in this country.

United Kingdom

Home Office defeated in the case involving Penalty Systems for Clandestine Entrants

Lord Justices Brown, Laws and Parker handed down their judgment in the case of International Transport Roth GmbH and Others -v- Secretary of State for the Home Department. The decision was split but on a majority of two to one the Court held that the clandestine entrant penalty scheme was unfair and that the extent of unfairness was such as to constitute a breach of Article 6 of the ECHR enacted by virtue of the British Human Rights Act 1998, and Article 1 Protocol 1. On the other hand, the appeal brought by the Home Office partially succeeded in that the bench found unanimously that there were no breaches of Articles 28 and 49 of the EC Treaty concerning restrictions on provisions of services and free movement of goods. However, the majority view of the court is clear: the system is in breach of Article 6 and Article 1 Protocol 1 and cannot be re-written in any way to cure the reasons for breach and therefore the legislation will have to be struck out. An appeal to the House of Lords may follow.

Article 1, D of the 1951 Refugee Convention – interpretation of treaties

In the Amer Mohamed El-Ali v. Secretary of State case ([2002] UKIAT 00159) the Immigration Appeal Tribunal had to consider the meaning and application of one of the exclusion clauses, Article 1, D of the 1951 Convention on Refugees. The appellant, a Palestinian who had lived most of his life in the Lebanon, had been a person receiving protection from UNRWA (the United Nation’s Relief and Works Agency for Palestine Refugees in the Near East).

Article 1 D reads “this Convention shall not apply to persons who are at present receiving from organisations or agencies of the UN other than the UNHCR protection or assistance. When such protection or assistance has ceased for any reason without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the UN, the persons shall ipso facto be entitled to the benefits of the Convention”. Before the Tribunal the appellant argued that on a literal reading of this article he was entitled to refugee status in the UK, as he was a person for whom the protection he had been receiving had ceased. According to the respondent the phrase “ceased for any reason” referred only to an envisaged state of affairs in which UNWRA ceased operations and that the phrase “the benefits of the Convention” meant that such persons would now be eligible for Convention protection only if they could satisfy the requirements of Article 1, A.

The Tribunal rejected both arguments and decided instead that the answer to the issue lay in the meaning of the words “at present” and ruled that this wording referred to the date the Convention on Refugee was drafted (e.g. 27^th July 1951). Accordingly, it concluded that only the persons receiving on that date protection or assistance from organisations or agencies of the UN (other than UNHCR) are excluded from the Convention by the first sentence of Article 1, D, and only those persons are entitled to the benefit of the second sentence.

NEW SUPPORT GROUPS

Kurdish Media is a network of experts on Kurdish asylum seekers and refugees issues, which is offering its services to NGOs, solicitors, refugee groups, UN and government agencies. This includes:

· On-request reports on all aspects of Kurd, Kurdistan, Iran, Iraq, Turkey and Syria.

· Authentication of documents and produce reports for legal firm on refugees and asylum seekers

· Production of expert reports on asylum seekers’ cases.

· Translation form Kurdish to English and from English to Kurdish

Website: www.KurdishMedia.com

email: rebwar@ikurd.com

HIV and immigration: a small group of practitioners has been set up to discuss issues arising from cases involving HIV policy and Article 3. They are very interested in hearing from practitioners who are representing any applicants at appeal, when the appeal involves both asylum seeking and HIV issues, or an appeal where medical treatment is the only issue. They can provide support in terms of pointing a practitioner towards sources of information regarding the availability of treatment in the relevant country. Contact should be made to sarah@birnbergpeirce.co.uk

EVENTS

The Institute for Human Rights, Abo Akademi University, Finland is organising an Advanced Course on the International Protection of Human Rights, Turku/Abo in Finland fom the 19^th to 30^th of August 2002. The course fee is €706. Detailed information about the course can be obtained from the website of the Institute:

http://www.abo.fi/instut/imr/courses.htm

The International Institute of Humanitarian Law is organising its 21^st Refugee Law Course in San Remo from the 4^th to the 8^th of June 2002. For more information please contact: panizzi@iihl.org

The Odysseus Academic Network organises a European Summer School course on the theme “European Union Law on Policy and Immigration and Asylum” from the 1^st to 12^th July in Brussels. Application forms are available from the Odysseus Network website at:

http://www.ulb.ac.be/assoc/odysseus/APPLICATIONS%20FORm.doc

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

Central European Projects

The ECRE Community Fund* project

The ECRE Community Fund* project formally began on April 1^st. The project coordinator is Christine Cartland, and the project administrator is Gordana Stankovic. (*Formerly known at the Lottery Project). The project has been designed to support the strategic fundraising and capacity building activities of twenty-four refugee-assisting organisations in Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia, Slovenia, and Lithuania. It aims to specifically focus on the need to secure diverse, yet sustainable, sources of funding by developing planned approaches to systematic fundraising and to focus these strategies on overall organisational development. Various forms and combinations of fundraising techniques will be considered, together with improving presentational, marketing and advocacy skills. Unusually for ECRE, this project will also enable the organisation to disburse funds to all the beneficiary agencies to pay for professional fundraising help.

UNHCR-funded project

A separate, but closely linked project, funded by UNHCR, will allow the Head of Development and Membership to travel to all of the Central European countries in 2002. The aims of the project are to plan for a more effective engagement of Central European agencies in the ECRE networks, as well as putting in place strategies for the post ECRE/UNHCR project, which is now drawing to a close. These trips will also create the opportunity for the Department Head to actively support the Community Fund project. The UNHCR project will additionally allow for several Twinning arrangements this year.

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

ERF Project

The first meeting of project staff was held in London on 21-22 March and was attended by both project workers and lead agency managers (new format). In addition, Sabine Pfisterer, our contact person from the European Commission, attended part of the meeting and gave us an introduction to the new call for proposals for the ERF Community Actions 2002.

The meeting focused on issues concerning the past project (evaluation, outstanding final claim issues) as well as future plans such as this year’s work on gathering good practice, the development of the project website and electronic newsletter and the organisation of a joint end of project conference. It was agreed that Asylkoordination (elderly refugees), Caritas (traumatised refugees) and World University Service (education advice) would hold a joint conference in Vienna, 11-13 October 2002, with a possible contribution from the British Refugee Council in terms of a workshop on employment. Given the slightly different focus of the Italian Refugee Council’s activities it was agreed that they would stage a separate networking meeting with their local authority contacts later in the year.

The aim at the end of this year is still to produce a set of Good Practice Guides in the areas of giving educational advice to refugees, working with elderly refugees and assisting traumatised refugees and victims of torture. These guides will also be fed into our policy positions on reception and integration. In the area of networking with local authorities the aim is to set up a website containing information on the role of local authorities in reception and integration of refugees and look at ways the voluntary sector best can co-operate with local authorities in providing reception support.

For more information about the ERF Community Actions 2002 call of proposal, please see the European Commission’s website (DG Justice & Home Affairs) at http://www.europa.eu.int/comm/justice_home/project/erf/call_proposal_2002/pdf/call_2002_en.pdf

For further information on the ERF project visit: http://www.ecre.org/erfproject/

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

Brussels Developments

Presidencies of the EU

The Spanish Presidency

ASEM Ministerial Conference (Asia – Europe Meeting), Cooperation for the Management of migration flows (4 – 6 April – Lanzarote). Asia and Europe have agreed to set up a network of contact points to tackle illegal immigration and organize legal migratory flows.

Within the framework of the Spanish EU presidency, twenty-five ASEM members and the European Commission met in Lanzarote, Spain on 4-5 April to discuss cooperation in the management of legal migratory flows and the fight against illegal immigration. This was the first meeting of ASEM Ministers to deal with migration issues, and is the result of a triple initiative by Spain, China and Germany. A joint declaration was made on how to manage immigration flows between the two continents and how to fight illegal immigration.

The results of the declaration will be presented at the 4th Asia-Europe Summit in Copenhagen on 22-23 September. In it, Ministers recognise that illegal immigration has become a joint problem for Europe and Asia and are in agreement that the struggle against poverty, and action for development are needed in countries where the problems occur, in order to fight the causes behind illegal immigration. Ministers also stressed the need to share strategic information on migratory flows, as well as information on the most common itineraries and traffic networks, and establish a contact point network to co-ordinate and prepare meetings between experts from the ASEM partnership and Director Generals from the immigration services. The aim of these meetings would be to collectively examine the level of illegal immigration and detecting forged, fraudulent or falsified identity documents.

For the Statement of the ASEM Ministerial Conference on Cooperation for the Management of Migratory Flows between Europe and Asia. please visit: http://www.ue2002.es/principal.asp?opcion=1&subopcion=1&idioma=ingles

The fight against illegal immigration: adoption of a plan of action by the Spanish Presidency and a green light for Eurodac. On February 28, the Council of Justice and Interior Affairs adopted a global plan of action:

· Visa policy. The Presidency suggested creating a visa database. The plan also proposes establishing common consular offices in third countries;

· Repatriation and readmission. The Spanish Presidency wishes to promote readmission agreements and to harmonise standards for repatriation;

· Exchange and analysis of information. The plan proposes the establishment of an advance warning system concerning illegal immigration;

· Border control. The plan proposes establishing a European border police;

· Fight against the traffic and trade in human beings. The action plan recommends strengthening the role of Europol, the confiscation of income generated from the illegal trade in human beings and the granting of benefits to victims who cooperate with the authorities.

At the same time, Ministers have adopted the necessary procedures for establishing a digital fingerprint database of asylum applicants and nationals in an “irregular situation.” However, Eurodac will not be operational until at least 2003.

The forthcoming Danish Presidency

Denmark’s reservation on Justice and Home Affairs puts the country in a peculiar position to chair negotiations. The official line however, is that the country will be in a better position to achieve compromise since it is not affected by the decisions made. Nevertheless, it is expected that the new right-wing Danish government will adopt a more restrictive stance, not least because of the government’s new bill on asylum.

Danish priorities for the Presidency however, are still unclear. There have been no official statements and it is expected that Danish officials will wait until the end of the Spanish Presidency to see what is on the table. However, it is likely that the adoption of the Regulation replacing Dublin will take place under the Danish Presidency. Negotiations on the refugee definition and subsidiary form of protection directive are also likely to begin under the Danish Presidency due to the election of the new right-wing, anti-asylum and immigration government. In fact, the Danish Presidency could spend the majority of its time negotiating the proposal for a directive on refugee status and subsidiary form of protection. Integration is also an issue in Denmark and the country has recently abolished the right to seek asylum in Danish embassies.

The provisional calendar for the forthcoming Danish Presidency includes:

· 4-5 July: Integration Seminar, Copenhagen

· 18-19 July: Justice and Home Affairs Council meeting, Brussels

· 4 September: Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) meeting, Brussels

· 12-14 September: Informal Justice and Home Affairs Council meeting, Copenhagen

· 25-26 September: Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) meeting, Brussels

· 14-15 October: Justice and Home Affairs Council meeting, Luxembourg

· 5-6 November: Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) meeting, Brussels

· 28-29 November: Justice and Home Affairs Council meeting, Brussels

· 9 December: Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) meeting, Brussels

· 20 December: Justice and Home Affairs Council meeting, Brussels

The forthcoming Greek Presidency

The position of the Greek government is that it will “inherit from the Danish Presidency what it inherits,” notably the proposal for a Regulation to replace the Dublin Convention and the refugee definition. It is also likely that the Greek Presidency will be prepared to adopt more restrictive legislation if other Member States do, as it believes it has been generous in the past. The priority for the Greek Presidency will undoubtedly be however, the issue of illegal immigration since Greece is the gateway to Europe. In particular, it is expected that Greece will look into the issue of readmission agreements.

The debate on the future of the Union.

The Inter-Governmental Conference held in Nice (December 2000), recognising the need of improving and supervising the democratic legitimacy and the transparency of the Union and its Institutions and with the aim of bringing them closer to the citizens, proposed a wider and deeper debate on the future of the European Union. This is the first stage of the process that will result in the calling of an Inter-Governmental Conference in the year 2004 with the objective of introducing the necessary changes in the Treaties. ECRE released its first contribution to the work of the Convention on the future of Europe on the occasion of the first plenary session of the Convention in Brussels on February 28, setting out its priorities for a democratic and inclusive Europe.

For more information on the debate on the future of the European Union, please see: http://www.ue2002.es/principal.asp?opcion=5&subopcion=2&idioma=ingles

Treaty of Nice. The results of Nice.

The Intergovernmental Conference decided that a major part of the visa, asylum and immigration policy would be adopted under the co-decision procedure, but that application of the procedure to most provisions would be deferred to a later date. When the Treaty of Nice comes into force, measures relating to judicial cooperation in civil matters will be adopted under the co-decision procedure. In addition, the Treaty provides that measures relating to asylum will be adopted under the co-decision procedure after the Council has adopted Community legislation defining the common rules and main principles in the matter. Lastly, the Member States issued a declaration agreeing to take a decision under which some decisions relating to the movement of nationals of third countries or the immigration policy would be adopted under the co-decision procedure from 1 May 2004 onwards.

Justice and Home Affairs Councils

The next meeting of the Justice and Home Affairs Council will take place in Luxembourg on 25-26 April. The Justice and Home Affairs Council is attended by the Justice and Home Affairs Ministers of the 15 EU Member States. The provisional agenda of the forthcoming meeting includes:

· Proposal for a Council Directive laying down minimum standards for the reception of applicants for asylum in Member States;

· Proposal for a Council Decision adopting an action programme for administrative co-operation in the fields of external borders, visas, asylum and immigration (ARGO);

· A possible initiative of the Netherlands with a view to the adoption of a Council Decision setting up a European network of contact points in respect of persons responsible for genocide, crime against humanity and war crimes.

The text of the proposal on minimum standards for the reception of applicants for asylum has been further refined and negotiations continue on the scope of the directive, freedom of movement and residence, the right to work, conditions of withdrawal of reception conditions and the right to appeal.

European Commission

The European Commission is drafting the new text of the proposal on minimum standards of procedures to grant and withdraw refugee status and the proposal on family reunification following the Laeken Conclusions. The deadline was the end of the month for both proposals but the revised proposal on minimum standards of procedures is likely to be presented in mid May. From what we have understood so far, the most important amendments will be introduced to the provisions on the right of appeal and the manifestly unfounded concept, which will be further expanded. Due to the Spanish opposition, the right of appeal in the regular procedure will not have suspensive effect. A special chapter concerning applications at the border will be introduced. The European Commission has been obliged to follow the guidelines issued by the Justice and Home Affairs Council of 6/12/01.

The European Commission has launched a debate on the need for a common policy for the return of illegal residents. Acting on a proposal from the Justice and Home Affairs Commissioner, António Vitorino, the European Commission has approved a Green Paper on a Community return policy on illegal residents. The primary aim of the Green Paper is to launch a debate and sound out all interested parties.

In particular, the Green Paper proposes the following issues be examined in depth:

· The development of a common return policy as part of a broader common asylum and immigration policy compatible with the need for protection under international and European law in the evolving common European asylum system;

· The implementation of point 40 of the Conclusions of the Laeken European Council, calling for the integration into EU foreign policy of policies for managing migratory flows;

· The definition of common standards for return procedures and the question of whether they should be legally binding;

· The improvement of cooperation between Member States' administrations and whether a future financial instrument could be conducive to that end;

· The determination of elements of a common readmission policy encompassing a balanced cooperation with the third countries concerned.

The Commission would like to receive all contributions in writing by 31 July 2002 so that it can prepare for a hearing on Community return policy by the summer of 2002.

For the full text of the Green Paper (available in all EU official languages), please see: http://europa.eu.int/comm/justice_home/unit/immigration_en.htm

The European Commission has produced a Discussion Paper on the proposal for a Council Directive concerning the conditions of entry and residence of third-country nationals for the purposes of study or vocational training and the proposal for a Council Directive concerning the conditions of entry and residence of third-country nationals for other purposes. The principal aim of the Directive is to facilitate the mobility of students. The drafting of the Directive is the responsibility of DG. Justice and Home Affairs in cooperation with DG. Education and Culture. Extending the scope of the Directive to asylum seekers, and those under subsidiary forms of protection is still under discussion, as is family reunification for students. The Directive is likely to be adopted by the Commission in April or May 2002.

The Commission has launched a consultation process regarding procedural safeguards for suspects and defendants in criminal proceedings, leading to the adoption of a communication in June and possibly of a proposal for a legally binding EU instrument on this matter later this year. See paragraphs 2.2.2 and 2.2.3 of the paper for a discussion on “proper protection for vulnerable groups,” including an express reference to the special vulnerability of “foreign nationals” and “those with refugee status under the 1951 Geneva Convention.” The Commission’s discussion paper can be accessed at: http://europa.eu.int/comm/justice_home/unit/penal/consult_paper_proc_safeguards_en.htm#1

The Extraordinary Justice and Home Affairs Council Meeting of 20 September 2001, which flowed from the events of 11 September in the United States, invited the European Commission to “examine urgently the relationship between safeguarding internal security and complying with international protection obligations and instruments.” In response, the Commission issued the Working Document, “the relationship between safeguarding internal security and complying with international protection obligations and instruments COM (2001) 743 final,” which aims at providing for both a rapid reaction as well as a comprehensive review of the issue. The Commission services have now started the process of following the publication of the Working Document. ECRE has been asked to send its comments by the end of May.

DG Justice and Home Affairs intends to award a contract for a study on the feasibility of setting up resettlement schemes in EU Member States or at EU level, against the background of the common European asylum system and the goal of a common asylum procedure. Date of receipt by the Office for Official Publications of the European Communities: 4 March 2002.

European Parliament

On Tuesday April 9, the European Parliament adopted the following reports with amendments on political asylum.

The reports were:

· Arie Oostlander (EPP-ED, Netherlands) on administrative cooperation regarding external borders, visas, asylum and immigration (ARGO action programme);

· Luis Marinho (PES, Portugal) on the determination of the Member State responsible for examining requests for asylum by third country nationals.

For documents relating to the adopted reports by Arie Oostlander and Luis Marinho, see: http://www.europarl.eu.int/meetdocs/committees/libe/20020318/libe20020318.htm

Committee on Citizen’s Freedoms and Rights, Justice and Home Affairs of the European Parliament, 18-19 March 2002. Rapporteur: Hernández Mollar (A5- /2002) – Amendments to the Council directive laying down minimum standards on the reception of applicants for asylum in Member States. It will be voted on 25 April in the plenary. For documents relating to the parliamentary meeting, please see:

http://www.europarl.eu.int/meetdocs/committees/libe/20020318/libe20020318.htm

Rapporteur: Kirkhope (A5-0036/2002) - Persons responsible for genocide, crimes against humanity and war crimes (European network of contact points). Initiative of the Kingdom of the Netherlands, with a view to the adoption of a Council decision setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes. The European Parliament adopted the draft legislative resolution by 30 votes, with 2 abstentions on 20 February 2002. For the full report, please see: http://www2.europarl.eu.int/omk/OM-Europarl?PROG=REPORT&L=EN&PUBREF=-//EP//TEXT+REPORT+A5-2002-0036+0+DOC+SGML+V0//EN&LEVEL=3&NAV=S

Ms. Jean Lambert MEP (UK Greens) has been appointed rapporteur for the European Parliament on the proposal for a refugee definition directive. Debate is to start this week.

Robert Evans MEP (UK Labour) has been appointed rapporteur for the European Parliament on:

COM (2001) 710 final Communication from the Commission to the Council and the European Parliament on the common asylum policy introducing an open coordination method: first report by the Commission on the application of Communication COM (2000) 755 final of November 2000;

and:

COM (2001) 743 final Commission Working Document on the relationship between safeguarding internal security and complying with international protection obligations and instruments.

Please see annexes b020201 and b020202 respectively for the Commission proposals.

Committee on Citizen’s Freedoms and Rights, Justice and Home Affairs of the European Parliament, 17 April. Public Hearing: "The respect for fundamental rights: situation within the European Union in 2001"

Please see annex b020203 for the draft agenda.

ECRE

On Thursday 11 April, and Friday 12 April, the ECRE Advocacy Network (ECRAN) met in the ECRE EU Office, Brussels to discuss the evaluation of work on the Amsterdam Agenda of the European Union carried out by ECRE, the priority areas of the Evaluation, the EU Presidencies and strategies before and during elections to face anti-asylum and immigration election campaigns.

No. 2

April 2002

ECRE DOCUMENTATION SERVICE

General Developments

Staffing News

Policy Staff News

Clara Odofin will be going on maternity leave from mid-May, and her position as Head of the Policy and Advocacy Department will be filled by Areti Sianni.

On 15 April, Charlotte Altenhoner took up her post in the Policy and Advocacy Department as Legal Officer. Charlotte will have responsibility for the ELENA network and its activities; and initially primary responsibility for policy issues relating to asylum procedures, the replacement of the Dublin Convention and carriers’ liability.

We have appointed a Policy Officer to take over Areti’s position (as she will cover Clara’s maternity leave as Head of the Policy and Advocacy Department). Anisa Niaz, formerly Policy Officer at the U.K. NGO JUSTICE following the EU asylum agenda, will take up her new postion on 27 May.

The Department also has two new interns: Aude Exertier is the Legal Intern who will now work with Charlotte; and Luisa Messina replaces Rachel Mackintosh as Policy Intern.

Central Europe Projects Staff news

The Project Coordinator is Christine Cartland and the Project Administrator is Gordana Stankovic.

Information Intern News

Melissa Phillips will be working on the ECRE Country Report 2001 and Maree Perfrement will be working on updating several chapters of the Social and Legal Conditions for Asylum Seekers and Refugees in Western Europe publication in coordination with the Danish Refugee Council.

Brussels Staff News

Irene Donadio will be leaving her post as EU Representative at ECRE in May 2002. Maria Teresa Gil Bazo has been recruited in summer 2002, date to be confirmed.

Vacancy

ECRE is recruiting a fundraising manager for the Secretariat in London. Application forms and further information can be obtained from the ECRE web-site :http://www.ecre.org/involved/fundraiser/fundraiser.shtml

List of Annexes

P020201. Global Consultations on International Protection. Information Sheet

P020202 Global Consultations on International Protection. Appendix

P020203 Current Treatment of Asylum applications from Afghan Asylum Seekers

P020204 Internal Protection Alternative for Iraqi Asylum Seekers

B020201 COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE

EUROPEAN PARLIAMENT. On the common asylum policy, introducing an open coordination method

B020202 COMMISSION WORKING DOCUMENT. The relationship between safeguarding internal security and complying with international protection obligations and instruments

B020203 EUROPEAN PARLIAMENT. COMMITTEE ON CITIZENS' FREEDOMS AND RIGHTS, JUSTICE AND HOME AFFAIRS Public Hearing: "The respect for fundamental rights : situation within the European Union in 2001