No

No. 3

July 2003

ECRE DOCUMENTATION SERVICE

Policy developments........................................................................................................................................................................................ 5

UNHCR............................................................................................................................................................................................................................. 5

27^th Meeting of Standing Committee................................................................................................................................................................. 5

The High Commissioner's Forum...................................................................................................................................................................... 6

2003 ExCom............................................................................................................................................................................................................... 7

UNHCR Participation in Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transational Crime (Bali II)..................................................................................................................................... 7

Preliminary Repatriation and Reintegration Plan for Iraq released................................................................................................... 8

IRAQ Revised Appeal – Ensuring Protection and Enabling Return.................................................................................................... 8

UNHCR meeting with States to discuss situation in Iraq.......................................................................................................................... 9

Asylum statistics for the first quarter of 2003.............................................................................................................................................. 9

COUNCIL OF EUROPE............................................................................................................................................................................................ 9

Council of Europe Human Rights Commissioner concerned for Roma/Gypsy communities..................................................... 9

OSCE................................................................................................................................................................................................................................. 9

Annual Report............................................................................................................................................................................................................ 9

Anti-trafficking measures discussed.................................................................................................................................................................. 9

Legal Developments....................................................................................................................................................................................... 11

UNITED NATIONS COMMITTEE AGAINST TORTURE.................................................................................................................... 11

CAT Reports:........................................................................................................................................................................................................... 11

Belgium.................................................................................................................................................................................................................. 11

Moldova................................................................................................................................................................................................................. 11

Slovenia.................................................................................................................................................................................................................. 11

Turkey.................................................................................................................................................................................................................... 11

CPT Reports:........................................................................................................................................................................................................... 11

Bosnia and Herzegovina..................................................................................................................................................................................... 11

Former Yugoslav Republic of Macedonia...................................................................................................................................................... 11

France..................................................................................................................................................................................................................... 11

Hungary.................................................................................................................................................................................................................. 11

Romania................................................................................................................................................................................................................. 11

Russian Federation............................................................................................................................................................................................... 11

Chechnya.......................................................................................................................................................................................................... 11

Sweden................................................................................................................................................................................................................... 11

United Kingdom: Isle of Man............................................................................................................................................................................ 11

EUROPEAN COURT OF HUMAN RIGHTS................................................................................................................................................ 11

Deportation is a violation of Article 8 [Ylimaz v. Germany (Appl.No. 52853/99)]................................................................... 11

National Developments............................................................................................................................................................................. 11

austria.......................................................................................................................................................................................................................... 11

Draft asylum bill has been published............................................................................................................................................................. 11

belgium.......................................................................................................................................................................................................................... 11

Belgium Gives Asylum to Slovak Roma......................................................................................................................................................... 11

Asylum seekers from Afghanistan.................................................................................................................................................................... 11

Croatia......................................................................................................................................................................................................................... 11

Legal Action at the European Court of Human Rights Challenges Educational Discrimination of Roma Children in Croatian Primary Schools............................................................................................................................................ 11

Croatian leader urges Serbs to return.......................................................................................................................................................... 11

czech republic.......................................................................................................................................................................................................... 11

Czechs report record number of Chechen asylum seekers arriving via Poland............................................................................ 11

Czech MPs send new, tougher asylum bill to third reading................................................................................................................. 11

Czech MPs pass bill allowing temporary protection............................................................................................................................... 11

denmark........................................................................................................................................................................................................................ 11

Forced returns to Afghanistan targeted........................................................................................................................................................ 11

Readmission agreement with Armenia.......................................................................................................................................................... 11

Bill aimed at compelling rejected asylum seekers to leave approved by Danish Parliament.................................................. 11

European Roma Rights Centre Legal Action Concerning Expulsion of Roma from Denmark............................................... 11

france............................................................................................................................................................................................................................ 11

French National Assembly adopt reforms to the right to Asylum....................................................................................................... 11

Further measures prepared to tighten immigration rules...................................................................................................................... 11

Georgia......................................................................................................................................................................................................................... 11

Discussions on repatriation to Abkhazia...................................................................................................................................................... 11

germany........................................................................................................................................................................................................................ 11

Refugees from Iraq, Afghanistan and Kosovo targeted for deportations........................................................................................ 11

Lower Saxony is to push for law on integration......................................................................................................................................... 11

German immigration law blocked................................................................................................................................................................... 11

Rejected asylum seeker under expulsion order must be granted the temporary status instead of going to prison.................................................................................................................................................................................................................... 11

Greece............................................................................................................................................................................................................................ 11

Readmission agreement with Turkey is not working............................................................................................................................... 11

Humanitarian NGOs denounce Greek asylum policy............................................................................................................................. 11

italy................................................................................................................................................................................................................................ 11

Italy negotiates deals to prevent ‘illegal immigration’ from the South............................................................................................ 11

Italy considers transit camps............................................................................................................................................................................ 11

ireland.......................................................................................................................................................................................................................... 11

Notices in embassies aim to discourage refugees..................................................................................................................................... 11

Asylum applications drop to lowest monthly level since 1999............................................................................................................. 11

Asylum-seekers 'refused' at airports............................................................................................................................................................... 11

Plans for 'super-fast' process to determine refugees................................................................................................................................ 11

Appeals tribunal expresses concern over high proportion of rejected asylum-seekers who fail to appear at their hearings...................................................................................................................................................................................... 11

macedonia................................................................................................................................................................................................................... 11

Still more than 5,000 displaced persons in Macedonia.......................................................................................................................... 11

FYR Macedonian Assembly adopts proposal to enact asylum law..................................................................................................... 11

Moldovan Parliament begins process of amending citizenship law................................................................................................... 11

MONTENEGRO......................................................................................................................................................................................................... 11

The Montenegrin Government agrees to pay a compensation to pogrom victims....................................................................... 11

netherlands............................................................................................................................................................................................................... 11

Further tightening of the immigration follows report by Aliens Advisory Committee................................................................ 11

37 asylum centres to close................................................................................................................................................................................. 11

Netherlands opens first "deportation centre" for immigrants.............................................................................................................. 11

Asylum Application of Iraqi Mullah unjustly declared inadmissible................................................................................................. 11

Rules of reception for unaccompanied minors are considered by a court to be too harsh....................................................... 11

Eight Chinese suspects on trial in Rotterdam charged with smuggling illegal immigrants from China into Britain via the Netherlands and Belgium............................................................................................................................................ 11

norway.......................................................................................................................................................................................................................... 11

Asylum regulations to be changed.................................................................................................................................................................. 11

More funding for deportations......................................................................................................................................................................... 11

poland............................................................................................................................................................................................................................ 11

“Tolerated status” for rejected asylum seekers......................................................................................................................................... 11

Polish Parliament adopts Bill on refugee status........................................................................................................................................ 11

russia.............................................................................................................................................................................................................................. 11

Returns to Chechnya............................................................................................................................................................................................ 11

New Rules on Unwanted Foreigners............................................................................................................................................................. 11

Lithuania, Russia sign readmission agreement.......................................................................................................................................... 11

Citing SARS, Moscow police deport Chinese and Vietnamese........................................................................................................... 11

SPAIN............................................................................................................................................................................................................................. 11

Proposals for new immigration laws............................................................................................................................................................. 11

Agreement signed with IOM on ‘detecting illegal immigrants’.......................................................................................................... 11

sweden........................................................................................................................................................................................................................... 11

Financial assistance offered for voluntary returns to Iraq.................................................................................................................... 11

switzerland............................................................................................................................................................................................................... 11

More countries added to the ‘safe countries list’..................................................................................................................................... 11

united kingdom........................................................................................................................................................................................................ 11

Britain repatriates more asylum seekers to the Czech Republic......................................................................................................... 11

Afghan asylum seekers forced to return home........................................................................................................................................... 11

Iraqi asylum seekers fear being sent back.................................................................................................................................................. 11

Seven more countries join asylum ‘white list’............................................................................................................................................ 11

Britain tightens immigration controls for citizens of 16 countries..................................................................................................... 11

Locking up child refugees is unjustifiable, says report........................................................................................................................... 11

‘Big fall’ in claims for asylum.......................................................................................................................................................................... 11

Call to employ asylum seekers in Scotland.................................................................................................................................................. 11

ID cards to cut down on ‘illegal workers’................................................................................................................................................... 11

Tighter visa regime for Algerians................................................................................................................................................................... 11

Curbs proposed on legal aid in asylum cases............................................................................................................................................ 11

Britain wavers on the ‘offshore processing’ plans.................................................................................................................................. 11

High Court Judge urges changes to stop asylum-seekers abuse the ‘exhaustion of remedies’ process..................................................................................................................................................................................................................... 11

Charity to sue Blunkett over rights of detained refugee children........................................................................................................ 11

Afghans win Hijack Appeal................................................................................................................................................................................ 11

Asylum-seeker given leave to appeal against tribunal ruling.............................................................................................................. 11

Cost of appeal by refugees angers Lord Chief Justice............................................................................................................................ 11

Home Office abused its power on asylum............................................................................................................................................ 11

ukraine.......................................................................................................................................................................................................................... 11

50% more irregular migrants intercepted in the first trimester.......................................................................................................... 11

Migrants are detained upon arrival............................................................................................................................................................... 11

EU Developments................................................................................................................................................................................................. 11

ECRE material......................................................................................................................................................................................................... 11

ECRE Press Release, 20 June.......................................................................................................................................................................... 11

Comments on Commission’s Communication “Towards a more accessible, equitable and managed international protection regime”.................................................................................................................................................................... 11

Summary Comments on the Amended Proposal for the Asylum Procedures Directive............................................................. 11

ECRE statement to JHA council 5-6 June on EU Asylum Policies at the end of the Greek Presidency, 4 June......................................................................................................................................................................................................................... 11

ECRE statement urging the Justice and Home Affairs Council at its meeting on 8 May to include refugees in the scope of the long-term residence directive, 7 May.................................................................................................... 11

The Asylum and Access Challenge, EU Immigration and Asylum Committee - Statement by Peer Baneke, ECRE General Secretary, 7 April.................................................................................................................................................. 11

New section added to the website.................................................................................................................................................................... 11

Updated chapters of the legal and social conditions for asylum seekers in Europe.................................................................... 11

SUMMARY OF PROGRESS IN EU ASYLUM AGENDA..................................................................................................................... 11

PRESIDENCIES OF THE EU............................................................................................................................................................................... 11

The Italian Presidency......................................................................................................................................................................................... 11

The Greek Presidency.......................................................................................................................................................................................... 11

JHA Council 5-6 June.......................................................................................................................................................................................... 11

Long-term residents............................................................................................................................................................................................. 11

Qualifications Directive...................................................................................................................................................................................... 11

Asylum Procedures Directive............................................................................................................................................................................ 11

Conclusions on development of a common policy on illegal immigration, external borders and the return of illegal immigrants in cooperation with third countries................................................................................................................................. 11

Safe countries of origin list................................................................................................................................................................................ 11

Thessaloniki European Council 20-21 June............................................................................................................................................... 11

Management of external borders....................................................................................................................................................................... 11

Return of illegal migrants................................................................................................................................................................................... 11

Partnership with third countries......................................................................................................................................................................... 11

Asylum................................................................................................................................................................................................................... 11

UNHCR and Member states plan to cooperate in providing better protection in regions of origin..................................................... 11

The development of a policy at European Union level on the integration of third country nationals legally residing in the territory of the European Union............................................................................................................................................. 11

Council Conclusions on the Convention on the Future of Europe............................................................................................................. 11

EUROPEAN COMMISSION................................................................................................................................................................................ 11

Commission publishes bi-annual scoreboard on Freedom Security and Justice, 22/05/2003................................................ 11

Commission Communication towards a more accessible, equitable and managed asylum systems 3/06/2003.................................................................................................................................................................................................................. 11

Commission Communication on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents 3/06/2003.................................................................................................................................................................................................................. 11

Commission communication on immigration, integration and employment 3/06/2003............................................................ 11

EUROPEAN PARLIAMENT................................................................................................................................................................................ 11

Parliament adopts Terron i cusi' report, stressing global and balanced vision of managing migratory flows............................................................................................................................................................................................................................ 11

Parliament adopts report on Austrian initiative of safe third countries.......................................................................................... 11

EUROPEAN CONVENTION FOR THE FUTURE OF EUROPE........................................................................................................ 11

General Developments........................................................................................................................................................................................ 11

Asylum and Migration Provisions.................................................................................................................................................................. 11

EU Enlargement..................................................................................................................................................................................................... 11

Referenda in the Accession Countries........................................................................................................................................................... 11

Cyprus.................................................................................................................................................................................................................... 11

Czech Republic..................................................................................................................................................................................................... 11

Estonia.................................................................................................................................................................................................................... 11

Latvia...................................................................................................................................................................................................................... 11

Lithuania................................................................................................................................................................................................................ 11

Malta....................................................................................................................................................................................................................... 11

Poland..................................................................................................................................................................................................................... 11

Slovakia.................................................................................................................................................................................................................. 11

Duma ratifies border treaties with Lithuania............................................................................................................................................. 11

Latvia may enlist the help of the EU to pressure Russia over border pact..................................................................................... 11

Report on EU enlargement does not support fears of mass migration to the UK........................................................................ 11

Publications, websites and events................................................................................................................................................ 11

Publications.............................................................................................................................................................................................................. 11

Events............................................................................................................................................................................................................................ 11

Websites....................................................................................................................................................................................................................... 11

No. 3

July 2003

ECRE DOCUMENTATION SERVICE

Policy developments

UNHCR

27^th Meeting of Standing Committee

The 27th meeting of the Standing Committee was held on 24-26 June 2003 and was followed by the first meeting of the High Commissioner's Forum on 27 June 2003.

The Standing Committee meeting agenda consisted of two parts covering Programme and Funding and International Protection. Under the second item, discussion focused on the Note on International Protection, Implementation of the Agenda for Protection and UNHCR's activities in the field of statelessness.

On the development of transiting centres, a rather powerful statement was made by Sweden which expressed strong reservations against the development of transit processing centres and protection zones including UNHCR's proposals in this area. It called for protection to continue being an integral part of the management and operations of UNHCR with the development of effective national procedures being central to protection functions of both States and UNHCR. Australia supported UNHCR's three-pronged approach and the development of more orderly refugee movements. Interestingly, the term "orderly movement" was used by a number of delegations including the European Commission which stated its intention to explore all parameters for orderly managed arrivals to Europe and strengthening protection capacity and reception in regions of origin.

Netherlands was in support of paragraph 12 of the Note on International Protection which inter alia includes a reference that " under certain circumstances and with appropriate guarantees in the individual case, the transfer of responsibility for assessing an asylum claim to another country may be an appropriate measure". Germany expressed concern about the status of the Lisbon Conclusions on effective protection stating that they do not have any status beyond being the conclusions of a group of experts. UNHCR is currently in the process of gathering comments on the Conclusions.

On resettlement, Sweden regretted that process of resettlement has slowed down. US and Canada favour group resettlement with the US being interested in channelling funding for identification of groups for resettlement although there has been no progress so far on this. Norway underlined the core purpose of resettlement: provision of individual protection which needs to be maintained independently of activities pursuing options of group resettlement

On local integration, Tanzania, expressed concern about the possibility of local integration of large refugee groups. Local integration and the HC's ideas on Development Local Integration would work only in countries with small refugee populations. Australia mentioned that local integration should be linked to favourable conditions for transition from humanitarian aid to development.

On Convention Plus, Denmark proposed region by region reviews of protracted refugee situations to be undertaken by UNHCR. Once this is done, then UNHCR would prepare a matrix for each protracted refugee situation setting out how Convention Plus should be applied. Development funds should be allocated to assist refugees in regions of origin and host communities. On this issue and the wider implementation of the Agenda for Protection, South Africa called for assistance to implement the objectives set out in the Agenda for Protection. They stated that there is no need for new tools of protection if States do not have the capacity to implement the original tool of protection: the 1951 Convention.

On the call by Erica Feller for suggestions to invigorate the protection debate at Standing Committee level and bring forward situations of concern, Thailand called for discussion of regional protection concerns and Canada, Italy and South Africa asked for UNHCR to prepare papers in advance identifying field protection concerns to be covered by the Note on International Protection making recommendations for Conclusions.

On statelessness, UNHCR and the European Commission have undertaken a project to review the implementation of the Statelessness Convention by EU Member States. Thirteen Member States are signatories to these Conventions.

The High Commissioner's Forum

The first Forum meeting took place on Friday 27 June 2003. The convening of the Forum is at the initiative of the High Commissioner deriving from his mandate. It is intended to serve as a process of consultations in order to pursue the High Commissioner's Convention Plus Initiative by identifying and setting in train comprehensive approaches to solving refugee problems including through special agreements. The agenda of the first meeting included a briefing on notable comprehensive arrangements including the CPA, CIREFCA and CIS Conference, a Convention Plus initiative on resettlement led by Canada and presentation of other Convention Plus related initiatives by other states. A background document on Initiatives that could benefit from Convention Plus was made available a day or so before the meeting and can be found on the UNHCR website.

A Discussion Paper on Resettlement and Convention Plus Initiatives was presented by Canada. The paper highlights the value of "including a resettlement component in Convention Plus agreements in order to maximise the comprehensive provision of durable solutions through enhanced burden and responsibility sharing arrangements." It states that Convention Plus agreements would encompass all three available durable solutions and proposes that Canada and UNHCR co-lead consultations with interested Parties and organisations to elaborate the elements of a framework on resettlement that could be drawn upon for future Convention Plus situation-specific agreements with a resettlement component. The paper's presenter stated that humanitarian assistance should not be seen as a permanent solution but as a bridge from a crisis situation to a durable solution. There is a need to engage development agencies at an early stage as without development aid, local integration and voluntary repatriation are not possible. He called for multi-year commitments to develop long term strategies.

Most European countries were in favour of the Canadian proposal which NGOs considered rather good. France called for partnership with countries of origin in the negotiation of any Convention Plus and resettlement agreements. Finland stressed that it would not be possible to use resettlement strategically unless there is an increase in available resettlement places in the world. UK, Norway and Sweden are interested in being involved in the development of Convention Plus agreements on resettlement. In the case of Sweden, they are keen to ensure that any strategic use of resettlement is not to jeopardise access to protection by individuals in need. For the strategic use of resettlement to work, there is a need for more resettlement places by more countries. UNHCR is currently in the process of developing the concept of group processing for resettlement purposes. Within this context, it envisages an individual analysis of protection needs within but also beyond specific groups.

Pakistan was highly critical of the Canadian proposal asking for a balance in the implementation of the three durable solutions in the context of any special agreement. It also highlighted the role of political considerations in the development of such agreements. It further highlighted that there is an asymmetry between screening procedures which resettlement countries apply and the absence of any possibility for host countries in regions of origin to screen persons entering their territory seeking protection. Kenya stressed that there should be no link between resettlement places and local integration. US was in favour of regional special agreements where resettlement is a component rather than dealing with resettlement separately.

Following the discussion on resettlement, the floor was opened for other Convention Plus related initiatives. Here a number of countries expressed an opposition to generic agreements in the context of Convention Plus which the HC said that it was noted. The African Group called for the Forum to "primarily reflect the concerns of the developing world", "tackle issues related explicitly to the sharing of burdens and responsibility more equitably among states" and "avoid any potential proliferation of norms and standards that might confuse the international work on refugees and jeopardise the cause of protection". It saw no link between simultaneously enhancing resettlement and local integration. France described its Tripartite Agreement on Afghanistan as a Convention Plus approach (!) while Switzerland offered to facilitate follow up discussions on secondary movements which could lead to the development of a multilateral framework. In this context, they proposed that case studies of one or two groups are selected and work is undertaken to identify the characteristics/size of these groups as well as the reasons for leaving their country(ies) of first asylum. Sweden saw Convention Plus as a means of operationalising burden sharing. It should not be used to undermine the Refugee Convention or other human rights instruments. States should not jeopardise progress in the provision of refugee protection made so far. On this point, Sweden expressed concern about the Note on International Protection presented at the Standing Committee as well as suggestions made in relation to the development of transiting centres and protection zones.

Denmark expressed an interest in exploring how to use development aid to help refugees and IDPs. They stressed the importance of focusing on most vulnerable groups and looking at countries or regions where problems were more pronounced. In this context, aid should be linked to repatriation efforts and the HC's 4Rs otherwise it would not work. The Danish government plans to launch a 3 year programme to explore these issues in countries they have experience. It is interested in increasing its resettlement quota if special agreements are in place. Netherlands focused its presentation on strengthening protection in the region in the framework of Convention Plus and on the basis of the principle of finding protection as closely as possible to places of refugee origin. It claimed that in 2002, it spent $1.4 billion on refugee status determination and reception services for 80,000 asylum seekers in the Netherlands: "money which does not reach genuine refugees in regions of origin".

Pakistan warned against Convention Plus being used as a substitute for the Convention and a tool of burden shifting rather than sharing. It also warned against Convention Plus being led by donor interests. Tanzania opposed the use of local integration for large numbers of people favouring repatriation as the best durable solution. Return should not only take place to one's own country but also to areas that are not rebel-controlled. In that context, safe havens are a vital protection option. South Africa referred to an unfortunate lack of commitment by donors stating that secure, predictable and sufficient funding are key prerequisites to the success of any Convention Plus initiatives. It is deeply disturbed that Convention Plus might be seen as a forum for developed countries to agree with less developed countries on how to stem refugee flows to their regions. Process not only legally but also morally questionable. It recommended that any proposal for a Convention Plus agreement should be made public so that any state considering itself an interested party could be involved (a recommendation originally made by the African Group). Russia expressed a clear opposition to the establishment of transiting centres on transit routes.

UNHCR plans to meet with Canada, Switzerland Denmark and other states that have expressed an interest in continuing discussions on resettlement, case studies on secondary movements and the targeting of development aid.

2003 ExCom

The next ExCom will be held from 29 September to 3 October. It will adopt Conclusions on Interception, Returns of Rejected Asylum Seekers and Sexual Violence and Exploitation.

UNHCR Participation in Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transational Crime (Bali II)

The second Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime was held in Bali from 29 - 30 April 2003, and was attended by some 28 ministers from 32 countries across the Asia-Pacific region, as well as the UNHCR, representatives from the IOM and a further 13 international agencies and representatives from 14 observer countries.

The 2003 meeting followed up the first Regional Ministerial Conference, which took place in February last year. At the first Conference ministers agreed to established Two Ad Hoc Experts’ Groups. Group I, created to promote regional and international cooperation, has developed a website to facilitate information exchange and initiated a dialogue aimed at producing model agreements on the return of illegal immigrants and unsuccessful asylum seekers and held a workshop on ‘best practice’ asylum management. Group II worked on strengthening legislative arrangements and law enforcement practices.

Addressing the Bali conference UNHCR High Commissioner Ruud Lubbers warned that stricter border controls and a crackdown on criminal networks alone would not be enough to combat people smuggling and trafficking. He said finding lasting solutions for refugees must also be part of any global effort to fight crime.

The High Commissioner stressed that without proper protection for refugees in regions of origin and the promise of longer-term solutions, they will continue to fall prey to criminal networks. Faced with a lack of protection and durable solutions in the areas they come from, many refugees choose to move elsewhere. They often undertake a perilous odyssey halfway around the world in search of safety and better lives.

The 2003 Conference reviewed the process and accepted the Plans of Action of the two Ad Hoc Experts’ Groups, which include future work on public awareness, returns, legislation, law enforcement, border management and improved measures to verify identity and procedures for document examination.

In a joint statement, Ministers called for more economic aid for source countries to reduce illegal migration pressures. They said that consideration should be given to improving opportunities for legal migration, “including access to the international labour market”.

A further meeting will be held in two to three years to ensure progress is maintained.

Full text of High Commissioner’s statement to the Bali Conference is available from:

http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.htm?tbl=ADMIN&id=3eae5e1d1&page=ADMIN

Background document: “Co-operation to address the irregular movement of asylum-seekers and refugees: Elements for an International Framework” is also available from:http://www.unhcr.ch/news/030429lubbers.pdf

Preliminary Repatriation and Reintegration Plan for Iraq released

On the 25^th of April UNHCR unveiled a preliminary plan for the eventual return and reintegration of up to 500,000 Iraqi refugees. At the same time, the agency said it would continue to be prepared should new refugees decide to flee insecurity in Iraq.

The purpose of this Repatriation and Reintegration Plan is to set out the basic planning parameters for a large-scale return of Iraqi refugees from neighbouring countries and from countries outside the immediate region. It assumes a relatively rapid stabilisation of the security situation in Iraq thereby enabling refugees to return to their homes in conditions of safety and dignity. If the prevailing instability in Iraq continues for an extended period of time, the implementation of the present Repatriation and Reintegration Plan may be limited to locations where conditions are believed to be conducive to sustainable return, and where the operating environment is considered to be safe under UN standards. Under such circumstances, the present Plan will be revised accordingly.

The plan is available from:

http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=SUBSITES&id=3ea9554e4

IRAQ Revised Appeal – Ensuring Protection and Enabling Return

The Revised 2003 Appeal, issued for the period July – December 2003, is an integral component of the UN Consolidated Appeal issued by OCHA, and would allow UNHCR to achieve four objectives:

To coordinate and facilitate the voluntary, safe and orderly return of Iraqi refugees and asylum seekers, promoting their sustainable reintegration in their communities of origin;

To provide protection and assistance to non-Iraqi refugees living in Iraq, and where appropriate, facilitate their voluntary repatriation;

To contribute to orderly and sustainable return and reintegration programmes for internally displaced persons in designated areas of return;

To promote the reduction of statelessness as well as a secure status for stateless persons, including through legislative advice.

The Appeal divides the population of concern into four categories (repatriating Iraqi refugees and asylum seekers; non-Iraqi refugees in Iraq; internally displaced persons and stateless persons) and proposes activities directly designed to meet different needs of those groups. Regarding the return of refugees and IDPs, UNHCR insists that the start and pace of returns is primarily dependant on the presence of effective national protection structures. The Appeal also deals with potential constraints and complicating factors and presents UNHCR operation strategies and parameters, institutional arrangements and strategic partnerships. Funding breakdown dated to 17 June 2003 is included (estimated cost approximately USD 51 million).

Full text of the IRAQ Revised Appeal is available from:

http://www.ukforunhcr.org/pdf/03IRAQ.PDF

UNHCR meeting with States to discuss situation in Iraq

A UNHCR meeting with States on the situation in Iraq and possibility of returns was held on 14 July 2003 in Geneva.

UNHCR Special envoy Dennis McNamara presented a comprehensive report on the current situation, which has been deteriorating in recent weeks. Iraq and CPA stated that the situation is still unsafe and returns should be happening on voluntary basis. To assist this, Iraqi Embassies should distribute a signed form on voluntary repatriation, which will work as ID for entry.

UNHCR position is that of facilitating voluntary return but not promoting it. The High Commissioner Ruud Lubbers is planning to visit Iraq and a new assessment will be made after his return. UNHCR intends to determine a framework of principles of return to Iraq in dignity and safety, which might include tripartite or more agreements.

At the meeting States expressed their opinions on voluntary repatriation of Iraqi refugees. Generally there is a common understanding that the time is not right for non-voluntary return. ECRE, represented by OSAR, and ICVA welcomed the analysis of the situation and the solutions suggested by UNHCR.

Asylum statistics for the first quarter of 2003

Published on the 26th of May, “Asylum levels and trends in industrial countries. First quarter 2003” report shows a 16% decrease in asylum applications in Europe, North America and Japan.

The total number of applications was 121,700, and the downward trend is now well established. The commentators mainly attribute this to, firstly, the ousting of the regimes in Iraq and Afghanistan, which has reduced the outflow of asylum-seekers from those two states and secondly, in response to strong public pressures at home, Western countries have tightened border controls to limit the numbers reaching their territory and applying for refugee status.

However Iraq still remains the leading country of origin, followed by Turkey, Serbia and Montenegro, China and the Russian Federation.

http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=STATISTICS&id=3ed33b5a4&page=statistics

COUNCIL OF EUROPE

Council of Europe Human Rights Commissioner concerned for Roma/Gypsy communities

Speaking at the Fourth Seminar of Ombudsmen from European Union Member States, in Athens, on International Roma Day, Council of Europe Human Rights Commissioner Alvaro Gil-Robles stressed the growing problems confronting the Roma/Gypsy communities throughout Europe, both east and west, and in both member and candidate countries.

“Difficulties with access to employment, with the loss or worsening condition of their homes and with poverty, marginalise these communities and expose them to exploitation by Roma/Gypsy and other criminal networks," he said.

Not earmarking any particular country, Alvaro Gil-Robles regretted that: “administrative practices diverged from regulations that were often liberal and led to discrimination as regards freedom of movement and access to social rights, especially health care.”

The Human Rights Commissioner launched an appeal to the Ombudsmen present, asking for the millions of members of the Roma/Gypsy community to benefit effectively from their rights as European citizens.

New website launched:

Council of Europe has launched a new website on trafficking in human beings

http://www.coe.int/T/E/Human_Rights/Trafficking

OSCE

Annual Report

The OSCE Annual Report has now been published and is available from:

http://www.osce.org/publications/annual_report/

Anti-trafficking measures discussed

Stronger involvement of the business community and the establishment of an international network of anti-trafficking non-governmental organizations, brokered by the OSCE, are among the key recommendations discussed at the 11th OSCE Economic Forum, on the 20^th to the 23^rd of May in Prague.

The recommendations also included the establishment of a special OSCE representative to keep the fight against trafficking on the international agenda.

“Governments cannot successfully wage the fight against trafficking by themselves. We have to involve all relevant actors. Business communities are important allies, particularly in those industries that are closest involved in the day-to-day negative impact of trafficking – transportation, banking, job agencies, etc.”

Recommendations for a more efficient fight against human trafficking, which is on the very top of the Netherlands Chairmanship's agenda for 2003, included the establishment of a network of NGOs dealing with prevention and reintegration programmes, and the creation of the post of a special representative, in combination with roving missions to identify country specific issues and problems. The special representative could also strengthen high-level political attention of the OSCE in the combat against trafficking and to co-ordinate the international anti-trafficking agenda.

Ambassador Everts announced that the OSCE was working on an Action Plan to Combat Trafficking in Human Beings, which included dealing with the economic effects. The adoption of the Action Plan is scheduled for the OSCE Ministerial Council meeting in Maastricht in December.

UNITED NATIONS COMMITTEE AGAINST TORTURE

The Communications of the Committee are available of the website of the Office of the High Commissioner for Human Rights:

http://www.unhchr.ch/html/menu2/6/cat.htm

CAT Reports:

Belgium

On 15 May 2003, the UN Committee against Torture issued its conclusions and recommendations on the initial report on Belgium (CAT/C/52/Add.2).

The Committee noted among the positive developments in the country, Belgium’s recognition of the competence of the Committee to receive inter-State and individual complaints under articles 21and 22 of the Convention, in addition to the introduction into the Belgian Penal Code of articles relating to torture.

During its consideration the members of the committee questioned the Government delegation, inter alia, Belgium’s adoption of a legal definition of torture different from that contained in the Convention against Torture (CAT).

The Committee expressed its concern, inter alia, regarding cases of excessive force during demonstrations or the expulsion of foreigners for reason of significant disruption of public order despite their presence in Belgium for many years and main social connection in that country; the possibility of prolonged detention of foreigners in case of refusal of voluntary repatriation as well as the possibility of placing unaccompanied foreign minors in detention for extended periods.

The Committee recommended, inter alia, that Belgian authorities ensure that all elements of the definition of torture in Article 1 of the Convention be included in Belgian criminal law; that all officials committing acts of ill-treatment be liable under criminal law; that guidelines on the use of force in dealing with expulsion of foreigners were in line with the guidelines of the Convention and that it proceed immediately with investigations and allegations of excessive use of force by public officials; that Belgium set a limit for the detention of foreigners against whom an expulsion order was issued; and that it draft specific legislation on unaccompanied foreign minors that take into account the best interests of the child.

Moldova

On 15 May 2003, CAT issued its conclusions and recommendations on the initial report of Moldova (CAT/C/32/Add.4).

The Committee welcomed the new Criminal Code of Moldova which provides a legal framework for more humane treatment of detainees, following the authorities’ responses resulting from the visits of the Committee for the Prevention of Torture (CPT) and the efforts by Moldovan authorities to improve prison conditions.

However, the Committee expressed its concerns regarding the deletion of the definition of torture in the new Criminal Code that was in conformity with the Convention. It was also concerned about the numerous and consistent allegations of acts of torture and other ill treatment of detainees in police custody.

The Committee recommended that Moldova ensure that the fundamental safeguards against torture and ill-treatment of detainees be made available in practice; that Moldova incorporate into the new Criminal Code a definition of torture as a separate crime and in conformity with Article 1 of the Convention; and that it ensures an impartial system of investigation and prosecution of reported allegations of torture.

Slovenia

On 14 May 2003, the Committee issued its conclusions and recommendations on the second periodic report on Slovenia (CAT/C/43/Add.4). The conclusions follow a hearing of a Government delegation, which explained standards for detention, rules governing the use of fire arms by police and measures for investigating complaints against police.

Among the positive developments the committee noted a decision of the Supreme Court in 2000 that limits the duration of remand in custody to two years; regulations limiting the police powers in official contacts with individuals and; amendments to the Alien Act and Asylum Act bringing domestic legislation into conformity with Article 3 of the Convention; in addition to a program aimed at reducing and eliminating the court backlogs.

The Committee expressed its concern about the lack of an independent system to investigate complaints and reports that allegations of ill-treatment were not investigated promptly and impartially; about continuing allegations of excessive use of force by the police, many of which concerned members of ethnic minorities; about a lack of adequate legal guarantees of the rights of persons deprived of liberty to have access to doctors of their choice from the outset of their custody; and about a lack of a code of conduct for police interrogations.

The Committee recommended that Slovenia proceeds promptly with plans to adopt a definition of torture which covers all elements Article 1 of the CAT and that it amend domestic penal law accordingly; that it take measures to establish an effective and independent complaints system to undertake prompt and impartial investigations into allegations of ill-treatment and torture by police and that it punish the offenders.

The Committee added that Slovenia should strengthen existing efforts to reduce occurrences of ill-treatment by police and other public officials, in particular those that were ethnically motivated; that all persons deprived of their liberty be guaranteed the right to have access to an independent doctor; and that the Government continue efforts to address overcrowding in prisons and other places of detention.

Turkey

On 14 May 2003, CAT issued its conclusions and recommendations on the second periodic report on Turkey (CAT/C/20/Add.8). The conclusion followed a hearing of a Government delegation which described standards for pre-trial detention and for the protection of detainees, efforts to end impunity for acts of ill-treatment and steps taken to limit terrorist activities in prisons.

The Committee noted the positive developments in Turkey which include the lifting of the long-standing state of emergency in the country, constitutional and legal reforms intended to strengthen the rule of law and align legislation with the CAT; the inclusion in domestic legislation of the principle that evidence obtained through torture should not be invoked as evidence in any proceedings; and the establishment of Prison Monitoring Boards.

The Committee expressed its concern about numerous and consistent allegations that torture and other ill-treatment of detainees held in police custody were still widespread in Turkey; that safeguards concerning the registration of detainees by police allegedly were not always complied with; that there were allegations that despite the number of complaints, prosecution and punishment of members of security forces for torture and ill-treatment were rare, that much importance was given to confessions in criminal proceedings and that the police and judiciary relied to a great extent on confession to secure convictions; and that there was a lack of training of medical personnel dealing with detainees on matters related to the prohibition of torture.

The Committee recommended that Turkey ensures the full benefits of safeguards against ill-treatment and torture of detainees be available in practice; that it guarantees impartial and full investigations into the numerous allegations of torture and ill-treatment that were carried out.

It also recommended that turkey solve the current problem in prisons generated as a result of the introduction of “F-type” prisons by implementing the recommendations of the CPT; that it review current legislation and practice to ensure that the expulsion of irregular aliens was performed with the legal guarantees required by international human rights standards.

COUNCIL OF EUROPE

European Committee for the Prevention of Torture and Inhumane and Degrading Treatment or Punishment (CPT)

The full text of the following reports is available on: http://www.cpt.coe.int

CPT Reports:

Belgium

In a response published on 2 July 2003, the Belgian Government presented its views on different issues raised by the CPT after its periodic visit to Belgium in November/December 2001 - CPT’s report published on 17 October 2002 –

The response highlights in particular the numerous efforts made by the Belgian authorities concerning the implementation of the CPT’s recommendations in respect of the law enforcement agencies. Developments deserving particular attention include: the adoption of specific articles in the Criminal Code prohibiting torture and inhuman and degrading treatment; the prohibition, during the enforcement of removal orders of foreigners by airplane, of immobilisation techniques which could result in postural asphyxiation, and of the use of plastic handcuffs (“plastic strips”). In addition, an inter-ministerial working group dealing with “police custody” has been established, the task of which will include implementing the CPT’s recommendations concerning fundamental safeguards against ill-treatment of persons detained by law enforcement agencies.

As regards prison establishments, the CPT has taken note with satisfaction of the closure of the much-criticised psychiatric annexe in Lantin and of the transfer of patients to Paifve Social Defence establishment. Other measures have been taken, aimed in particular at combating inter-prisoner violence in Andenne Prison (setting up of a secured unit; project “admission of newly-arrived prisoners”, informing them on racketeering between prisoners, etc.). The CPT has also noted that the Belgian authorities envisage the review of the so-called “zero option” regime, and have commissioned Louvain Catholic University to carry out a study with a view to tackling the phenomenon of overcrowding in the prison system.

Information on the implementation of recommendations made in respect of the Public Establishment for Youth Protection in Braine-le-Château and the Jean Titeca Hospital in Brussels is also provided.

Bosnia and Herzegovina

On 27 April 2003, a delegation of the CPT carried out a two-week visit to Bosnia and Herzegovina. It was the first time that the CPT examined the treatment of persons deprived of their liberty in Bosnia and Herzegovina.

In the course of the visit, the CPT's delegation held consultations with the competent ministerial authorities of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska, as well as with senior officials responsible for police establishments, prisons and psychiatric hospitals. The Committee also held talks with representatives of international institutions (ICRC, EUPM, OHR, OSCE).

Former Yugoslav Republic of Macedonia

On 16 April 2003, the CPT published the response of the Government of the former Yugoslav Republic of Macedonia to the report drawn up by the Committee after its ad hoc visit in July 2002. The report was published at the request of the Government.

The July 2002 visit focussed on the treatment of persons detained by the State's law enforcement agencies (Ministry of the Interior). From the facts found, the CPT concluded that the physical ill treatment of such persons is a serious problem, affecting ordinary criminal suspects as well as those suspected of crimes against the State. Moreover, the information gathered by the Committee revealed that there is no guarantee that an effective investigation will be carried out when it comes to the attention of judges and prosecutors that a person may have sustained injuries while in police custody.

The CPT called upon the national authorities to ensure that a formal statement from the highest political level is delivered to law enforcement officials, making clear to them that the ill treatment of detained persons will not be tolerated. The Committee also identified specific measures to be applied by various authorities such as judges and prosecutors, as well as the police and prison services to prevent police ill treatment and combat impunity.

In the response to the report on the July 2002 visit, it is highlighted that during a recent session of the Government, held on 10 February 2003, a number of conclusions were reached in line with the CPT's recommendations. Most importantly, the Government stressed that ill treatment by law enforcement officials is contrary to the fundamental values of a democratic society, to the respect of human rights and to the rule of law, and that those who perpetrate such acts would be made subject to severe sanctions.

One specific measure under consideration in the Ministry of the Interior is the introduction of a custody officer system in police stations. For its part, the Ministry of Justice point outs that formal instructions have been issued to all public prosecutors to ensure that allegations of ill treatment by law enforcement officials are properly investigated and pursued.

France

A delegation of the CPT recently carried out a seven-day visit to France. The visit began on 11 June 2003. The main purpose of the visit was to assess the current situation in the prison system, in particular as regards overcrowding and the regimes offered to prisoners serving long sentences.

In the course of the visit, the delegation also examined developments concerning the treatment of persons deprived of their liberty by law enforcement agencies, in the light of instructions issued by the Ministry of the Interior, Internal Security and Local Freedoms on the dignity of persons in police custody. The delegation held in-depth discussions with the national authorities on the basic safeguards to be offered to persons in police custody; particular emphasis was placed on the implementation of the CPT’s recommendations concerning access to a lawyer as from the outset of custody.

Hungary

A delegation of the CPT has recently carried out a 6-day visit to Hungary. The visit, which began on 30 May 2003, was the Committee's third to Hungary.

The purpose of the visit was to review the treatment of remand prisoners in police and prison establishments in Budapest. Particular attention was paid to the activities provided to remand prisoners, which is a major issue of concern to the Committee following the findings during the two previous visits to Hungary.

Malta

On 17 July 2003, the CPT published the response of the Maltese Government to its report on the May 2001 visit.

In its report, the CPT focussed on the legal framework governing safeguards against ill-treatment by the police, the programme of reconstruction at Corradino Correctional Facility (the only prison in Malta), as well as the activities provided to prisoners, and the conditions prevailing in the forensic ward at Mount Carmel Hospital.

In their follow-up response to the CPT's report, the Maltese authorities stated that "issues such as the questioning of criminal suspects, the conditions of detention in police cells and the inspection of police establishments by an independent authority will continue to be given all the importance they deserve."

The response goes on to highlight various specific measures taken to implement the Committee's recommendations. Those measures include steps to improve medical services at Corradino and the construction of a new Forensic Ward at Mount Carmel.

The CPT requested confirmation that immigration detainees were no longer being held at the Ta' Kandja Detention Centre. While noting that recent landings of large numbers of illegal immigrants on Malta had created an "emergency situation" necessitating continued use of the Ta'Kandja Detention Centre, the Maltese authorities state that the Centre "would be closed down as soon as possible".

Romania

On 23 April 2003, the CPT published its report assessing the treatment of persons deprived of their liberty in Romania. The report, published at the request of the Romanian authorities together with their response, concerns the CPT's second visit to Romania, carried out in January/ February 1999.

During the visit, the CPT examined developments concerning the treatment of persons detained by the police or held in prison, and reviewed the situation at Poiana Mare Psychiatric Hospital. It also examined in detail the situation of foreign nationals detained under immigration rules and the treatment of minors at the Găeşti Re-education Centre.

The CPT has returned subsequently to Romania on three occasions (in October 2001, September 2002 and February 2003) and re-examined most of the above issues.

Russian Federation

On the 30 June 2003, the CPT published a report on the Russian Federation together with the response of the Russian authorities. The report concerns the CPT’s third periodic visit to the Russian Federation, carried out in December 2001.

The report contains findings and recommendations concerning places of detention in two far eastern regions of Russia, the territories of Khabarovsk and Primorskyi, as well as in a number of Militia (police) establishments in Moscow.

During the visit, the CPT received a disturbing number of allegations of physical ill treatment by members of the Militia. In the report, the committee calls upon the Russian authorities to make it clear to Internal Affairs staff, and in particular to operational Militia staff in charge of gathering evidence, that the ill-treatment of persons in their custody is illegal and will be dealt with severely in the form of criminal prosecution and disciplinary action. The CPT welcomes new legal provisions which improve access to lawyers for detained persons. It recommends that the right of persons detained by the Militia to be examined by a doctor be expressly guaranteed.

As regards prisons, the CPT notes the progress made on reducing the country’s prison population. Nevertheless, at SIZO No.1 in Vladivostok – a pre-trial detention facility – the Committee was concerned by the serious overcrowding and the continuing presence of shutters blocking natural light and fresh air in the cells. The report also criticises the practice of transferring back to Militia-run detention centres remand prisoners diagnosed with contagious tuberculosis, which is accompanied by an interruption of their treatment.

The Russian response refers to some positive measures taken to implement the CPT’s recommendations. In particular, the Ministry of Justice has instructed regional prison directorates to remove all shutters from the windows of prisoner accommodation. Further, it is indicated that the inmate population of the Vladivostok SIZO has dropped by 39% and that all prisoners have been provided with individual sleeping places.

The CPT report also makes recommendations in respect of Vladivostok City Psychiatric Hospital, which was severely overcrowded at the time of the visit and offered few therapeutic and rehabilitative activities to patients. In their response, the Russian authorities indicate that additional funding has been set aside for improving conditions at the hospital.

Council of Europe Secretary General Walter Schwimmer welcomed the decision of the Russian authorities to authorise the publication of the report. “I hope that the publication process will be extended to other CPT reports concerning the Russian Federation, including those on visits to the Chechen Republic,” he added.

Chechnya

On 29 May 2003, a delegation of the CPT terminated a one-week visit carried out in the Chechen Republic of the Russian Federation. It was the sixth time since the outbreak of the current conflict in Chechnya that the CPT has examined the treatment of persons deprived of their liberty in the Republic.

The delegation focused its attention on the treatment of persons detained by Federal forces and by Federal and Republican law enforcement agencies. Forced disappearances and unofficial places of detention were among the issues explored during the visit. In addition, conditions of detention in pre-trial establishments were reviewed, including at the recently reopened SIZO No 1 in Grozny.

On 10 July 2003 the CPT published a public statement concerning its visit in Chechnya.

The Committee assessed that there is a continued resort to torture and other forms of ill treatment by members of the law enforcement agencies and federal forces operating in the Chechen Republic. Action taken to bring those responsible to justice has proved largely unproductive.

The CPT identified measures that need to be taken by the Russian authorities. They include a formal statement from the highest political level denouncing ill treatment by members of the federal forces and law enforcement agencies in the Chechen Republic.

The CPT's public statement concerning the Chechen Republic is made under Article 10, paragraph 2, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Article 10 (2) provides that if a Party to the Convention "fails to cooperate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity to make known its views, by a majority of two-thirds of its members to make a public statement on the matter."

This is the second time the CPT makes a public statement concerning the Chechen Republic. The first one was issued in July 2001.

Sweden

On 12 June 23, the CPT published its preliminary observations after visiting Sweden in January and February 2003.

During the visit, the CPT reviewed measures taken by the Swedish authorities in response to recommendations made after previous visits, in particular as regards the safeguards offered to persons detained by the police, mechanisms for handling complaints against the police and the regimes offered to remand prisoners. The CPT also examined the situation in psychiatric institutions and in homes providing care for young persons and substance abusers.

Turkey

On 25 June 2003, the CPT published is reports on its visits in Turkey in March and September 2002 together with the response of the Turkish Government.

One of the main purposes of the visits in March and September 2002 was to examine the implementation in practice of recent legal reforms concerning custody by law enforcement agencies; those reforms relate to matters such as access to a lawyer and notification of custody. The conditions under which medical examinations of persons in police custody take place were also reviewed in depth by the CPT's delegation. Further, it explored recent cases of resort to the provisions of Article 3 (c) of Legislative Decree No. 430, under which prisoners who have to be questioned as part of the investigation of offences giving rise to the declaration of a state of emergency may be returned to the custody of law enforcement agencies. These different issues were examined in particular in the province of Diyarbakır.

The CPT’s delegation also reviewed the development of communal activities for inmates in the new F-type prisons. For this purpose, a visit was carried out to Sincan F-type Prison (Ankara).

United Kingdom: Isle of Man

A delegation of the CPT carried out a visit to the United Kingdom and the Crown Dependency of the Isle of Man from 12 to 23 May 2003.

The CPT's delegation examined prison overcrowding in England, and reviewed developments concerning detention by the police and in prisons in Scotland and the Isle of Man. It also visited detention facilities for children in Scotland and the Isle of Man and a psychiatric establishment in Scotland.

EUROPEAN COURT OF HUMAN RIGHTS

The full text of the following case is available on: http://www.echr.coe.int

Deportation is a violation of Article 8 [Ylimaz v. Germany (Appl.No. 52853/99)]

On 17 April 2003, the European Court of Human Rights (ECHR) held unanimously that there was a violation of Article 8 of the Convention in the Case of Yilmaz against Germany.

The applicant, Saldiray Yilmaz, a Turkish national had filed a complaint, on 11 October 1999, under Article 8 § 1 of the Convention arguing that his deportation to Turkey and the exclusion order from the territory against him violated his right to respect for his private and family life.

The applicant was born in Marktoberdorf, Germany in 1976 where he lived with his parents and two sisters who have an authorisation to reside in Germany (Aufenthaltsberechtigung). In 1992, he obtained an unlimited permission to reside in Germany (unbefristete Aufenthaltserlaubnis). In January 1999, he began cohabiting with a German national with whom he had a son, born in February 1999. He lived in Germany continuously until 7 March 2000, the date on which he left for Turkey when his appeals against deportation were dismissed.

On 20 August 1996, the applicant was sentenced by the Kempten Juvenile Court to one year and ten months’ imprisonment, suspended with probation, for offences which included four counts of aggravated robbery as a member of a gang and preparing and inciting to commit aggravated robbery with violence. On 21 November 1996, the Neu-Ulm Juvenile Court sentenced him to three years’ imprisonment, unsuspended, which was to include the term of imprisonment on 20 August 1996, for aggravated assault occasioning bodily harm and joint coercion to engage in sexual acts, on account of acts committed between prisoners while he was detained pending trial. He was released on 18 December 1997, after serving two-thirds of his sentence.

In September 1998, the administrative authorities informed the applicant that if he did not leave Germany by 15 October 1998, he would be removed to Turkey pursuant to section 47, sub-sections 1 and 3, of the Aliens Act (Ausländergesetz); he was also excluded from German territory for an indefinite period. He made a number of unsuccessful administrative appeals, and on 29 October 1999, the Federal Constitutional Court refused to entertain an appeal by him. On 15 June 2000, the German authorities refused to grant him a temporary residence permit so that he could visit his child.

The applicant’s deportation became final following a decision of the Federal Constitutional Court on 29 October 1999. The Court assessed its effects on the date of that decision. It noted that while it constituted an interference with the applicant’s rights to family life, this was prescribed by law (the Aliens Act) and had the legitimate aim of ‘preventing disorder or crime’.

As to whether the interference was necessary in a democratic society, the Court considered that the applicant’s deportation was not disproportionate to the legitimate aims pursued by the authorities. However, the fact that his exclusion from German territory had been ordered for an indefinite period amounted to a disproportionate interference in view of his family situation-particularly the birth of his son and the latter’s young age- and the fact that he had previously held unlimited permission to reside there. The Court accordingly held unanimously that there had been a violation of Article 8 of the Convention.

austria

Draft asylum bill has been published

On the 30^th of April the Ministry of Interior sent out the new draft asylum Bill to NGOs and political parties as required by law. The Bill, if it is to become law would drastically worsen the conditions for asylum seekers in Austria. The main features of the proposed legislation are:

The applications for asylum will be decided within 72 hours. It will be possible to appeal, but the rejected applicant will be barred from presenting new reasons for claiming asylum or from starting a new procedure. Asylum seekers from the countries on the ‘safe country’ list will be rejected immediately. It will no longer be possible to apply for asylum at Austrian embassies abroad.

Asylum seekers will come under an obligation to co-operate with the authorities. If they decline or if they cannot be reached at the given address the asylum procedure will be stopped and the applicant will lose his right of residence.

The UAS (the institution of appeal in asylum cases) will lose its independence and will be transferred to the Ministry of Interior (which controls the procedure at first instance).

The draft has been strongly criticized by the opposition, NGOs, church agencies and UNHCR. The head of the UNHCR regional office in Vienna said the draft would be in flagrant violation of the Refugee Convention and the European Convention on Human Rights, and would be a law “for the prevention of asylum”. Also the mayor of Vienna has announced that the city will challenge this proposal in the Constitutional Court, if it does receive parliamentary approval.

belgium

Belgium Gives Asylum to Slovak Roma

On 18 March 2003, the General Commissioner for Refugees in Belgium recognized the refugee status of a Roma Slovak family.

The family known as Balaz family was living in Zilina, Slovakia before coming to Belgium in April 2002. On 20 August 2000, four skinheads broke into the house of Mr. Balaz and attacked his children with baseball bats. His wife was beaten unconscious which led to her death three days later from a cerebral haemorrhage as she tried to protect her daughter.

The perpetrators, all in their twenties, were ultimately convicted of racially motivated bodily harm and given sentences ranging from three to seven years, although the first instance court had refused to recognize racial motivation in the actions of the men.

Following his wife’s death, Mr. Balaz and his children were verbally abused and sometimes physically attacked by townspeople in Zilina who were blaming the family for the bad publicity Slovakia had received following the vicious murder. In April 2002, while on his way to Budapest to meet with his legal representatives, Mr. Balaz was assaulted by three skinheads at the train station in Zilina. The family subsequently fled to Belgium where they applied for asylum.

http://www.romnews.com/community/print.php?sid=1078

Asylum seekers from Afghanistan

The Commissioner-general for Refugees and Stateless Persons has notified decisions to about 1,100 Afghan asylum seekers in Belgium. These mostly negative decisions were sent out at the same time in this “holiday period” of the year, which represent a real difficulty for Afghan asylum seekers’ legal representatives. It will be impossible for them to study the dossiers and appeal within the strict time limits (1 to 3 working days in the first stage of the asylum procedure, 15 working days in the second).

In the letters sent to the unsuccessful applicants, the Aliens Office of the Ministry of Interior explained that notwithstanding the negative decisions, there would be no forced returns for the time being. Asylum seekers, whose applications were refused at first or second instance of the asylum process, will get an automatic prolongation of their expulsion order if they introduced their asylum claim before 1 July 2002, even if they do not appeal against the negative decision. However, it is unclear what will happen to those asylum seekers from Afghanistan who applied for asylum after 1 July 2002. OCIV has asked the Ministry of Interior to clarify its position on this matter. At the same time, voluntary return program for Afghan asylum seekers and refugees is being promoted.

Croatia

Legal Action at the European Court of Human Rights Challenges Educational Discrimination of Roma Children in Croatian Primary Schools

On 13 May 2003, the European Roma Rights Centre (ERRC) announced that it had lodged a pre-application letter against Croatia with the European Court of Human Rights (ECHR). The submission concerns the practice of continued racial discrimination of Roma children in Croatian primary schools, and was filed on behalf of 15 Roma pupils attending schools in the County of Medjimurje. The ERRC have filed a pre-application letter, rather than a full-scale application at this point, in order to preserve the applicants’ right to bring the case before the ECHR in a timely manner should the Croatian Constitutional Court, which is yet to rule on the complaint filed by the applicants, decline to provide a remedy.

In their application to the ECHR, the applicants argue that their placement into the separate classes for Roma constitutes “degrading treatment” violating their right under Article 3 of the ECHR. They also argue that being denied the right to education is in breach of Article 2 of Protocol 1. Other complaints concern Articles 6, 13 and 14.

All 15 Roma applicants whose case will be heard in Strasbourg attend segregated Roma-only classes in what are otherwise regular primary schools. Their placement stems from a blatant practice of discrimination based on ethnicity carried out by the schools concerned, the dominating and pervasive anti-Roma sentiment of the local non-Roma community, and ultimately the unwillingness and/or inability of the Croatian authorities, local and national alike, to provide them with redress.

On 19 April 2002, the applicants assisted by local counsel and the ERRC filed a complaint with the Municipal Court in Cakovec against the Ministry of Education requesting, inter alia, that they be placed in racially integrated classrooms and provided with the compensatory education necessary for them to overcome the adverse effects of past discrimination. Nevertheless, on 26 September 2002, the complaint was rejected. Following that, the appellants presented an appeal which was rejected on 14 November 2002.

On 19 December 2002 the applicants filed a complaint with the Croatian Constitutional Court requesting that both the first instance and the second instance judgements be quashed and the case retried. At present, this complaint is still pending with no indication as to when a ruling might be handed down.

Further information on the situation of Roma in Croatia is available on:

http://www.errc.org/publications/indices/croatia.shtml

Croatian leader urges Serbs to return

Prime Minister Ivica Racan has issued a statement for all refugees to return to Croatia. He urged on the 12^th of June for “…all refugees, Croatian citizens, to return to their homeland and make use of the opportunities provided by these measures”. Many Serbian refugees reportedly want to go back to Croatia because the standard of living is higher than in Serbia and Montenegro or Bosnia.

The statement followed a decision adopted by the Government to provide housing care for returnees and refugees who are former holders of tenancy rights in the mainly urban areas which remained under Croatian control during the 1991-1995 armed conflict.

czech republic

Czechs report record number of Chechen asylum seekers arriving via Poland

A spokeswoman from the Czech border and foreign police said on the 28^th of April that some 100 Chechen refugees requested asylum on 26 April, bringing the total since mid-April to nearly 600. The arrival has overburdened facilities in Vysne Lhoty, in the north of the Czech Republic, where all refugees must register within 24 hours of their arrival. An Interior Ministry representative, Maria Masarikova, said authorities are trying to speed up the process, adding that another refugee-registration centre is to be opened in Cerveny Ujezd in North Moravia. Masarikova added that future Czech-Polish talks are aimed at finding a long-term solution.

In response to the increased numbers officials at the Czech Interior Ministry have also began to consider a plan to offer financial incentives to Chechen asylum seekers to encourage their return to Chechnya and seeking support and participation of NGOs. The plan envisages payments of $3,000 toward air tickets and repairs to damaged homes for refugees who agree to return to Chechnya. An NGO representative however cautioned about the risks of returning refugees to an area where “the Russian Army is still behaving as if it were at war”.

Czech MPs send new, tougher asylum bill to third reading

Refugees who would like to seek asylum in the Czech Republic can meet with further restrictions touching fundamental human rights and freedoms, according to the government draft amendment to the asylum law, which is being discussed in the Chamber of Deputies [lower house of parliament]. Under the cabinet proposal, all refugees, before they enter Czech territory and before the asylum procedure itself starts, should undergo a procedure to decide whether they can apply for asylum at all. “A foreigner arriving at the Czech border from a safe country to seek asylum in the Czech Republic will have to fill in another form, apart from an asylum application. On the basis of this form, the ministerial officials will decide whether it is admissible to launch asylum proceedings in his/her case. Until the application is decided on, the foreigner must not enter Czech territory”. The decision on the pre-screening results will be delivered to the relevant embassy in the Czech Republic or to an address given by the applicant.

Czech MPs pass bill allowing temporary protection

On 22 May 2003, the Chamber of Deputies [lower house of parliament] passed a new law allowing for the temporary protection of foreigners who cannot return to their country for a certain reason like war.

This is part of the legislative adjustments that the Czech Republic is undertaking for its preparations to join the EU.

The chamber also passed a bill toughening the conditions for asylum seekers. See above. Under the bill they will also no longer have the right to look into their files kept by Czech authorities. This makes any corrections of data virtually impossible which may affect their case for asylum. Both bills will take effect only after they are passed by the Senate [upper house of parliament] and signed by President Vaclav Klaus.

denmark

Forced returns to Afghanistan targeted

Danish Minister for Refugees, Bertel Haarder has stated his determination to pursue an agreement with Kabul to forcibly return failed asylum seekers. The Danish authorities fear that the number of refugees denied asylum and refuse to leave voluntarily will increase significantly in the absence of such an agreement.

Bertel Haarder has also stated his intention to take steps to bring about the repatriation of some 7,500 Iraqi asylum seekers, whose claims have been turned down.

Readmission agreement with Armenia

On the 30^th of April Denmark and Armenia concluded an agreement enabling the readmission of more than 100 rejected asylum seekers. A large number of them had, apparently fled their country to avoid doing military service.

Bill aimed at compelling rejected asylum seekers to leave approved by Danish Parliament

On 24 April 2003, Denmark’s one chamber parliament approved a Bill aimed at introducing a series of measures to compel rejected asylum seekers to leave the country.

As from 1^st May 2003, asylum-seekers whose claims have been rejected and are obliged to leave Denmark will not receive any pocket money. Their stay in refugee reception centres will be tolerated and they will receive only a package of food and hygiene articles every two weeks. If they persist in their refusal to leave the country, they will be removed from the reception centre and taken to the Sandholmlejr centre in northern Denmark where they will have to report to the police every day.

Some will even be placed in detention and the use of force to compel rejected asylum-seekers to board a flight bound for their home country is not excluded.

European Roma Rights Centre Legal Action Concerning Expulsion of Roma from Denmark

On 9 May 2003, the European Roma Rights Centre (ERRC) filed an urgent request to the European Court of Human Rights in Strasbourg to stop Denmark from implementing measures to expel a Kosovo Romani family, including three minor children, back to Kosovo. The applicants fled their home in Prizren, Kosovo in August 1999, following physical attacks by members of the Kosovo Liberation Army (KLA) in their home, who accused them of having assisted the Serbs in the “ethnic cleansing” of Kosovo Albanians.

The family made an attempt in May 2001 to return to Kosovo, but were forced to flee again by stone-throwing neighbours. They applied for refugee status in Denmark, however, their request for refugee status was rejected by the Danish Refugee Board on April 14, 2003. On that same date, their attorney filed an application for permission to stay on humanitarian grounds. As of May 9, 2003, that application was still pending. Despite this, the Danish police on April 29, 2003, sent a letter giving the applicants to May 15 to voluntarily leave the country and receive financial assistance or face forced expulsion and possible detention. ERRC has received credible reports that numerous refugees from the former Yugoslavia received the same letter from the Danish police, despite extensive evidence of the life-threatening situation faced by many Kosovo Roma returnees. The application alleges that tens of thousands of displaced Roma currently live in conditions of utter destitution and extreme poverty in the rest of Serbia and Montenegro, frequently squatting in extremely substandard conditions under bridges or elsewhere in the open because such arrangements are apparently preferable to a return to Kosovo.

The Strasbourg application relies on Article 3 of the ECHR, arguing that the forced return of this family to Kosovo would subject them to violence, a lack of adequate housing, medical care and employment opportunities, and abject poverty, all together constituting inhuman treatment.

http://www.errc.org/publications/indices/kosovo.shtml

france

French National Assembly adopt reforms to the right to Asylum

The deputies adopted Thursday June 5, in their first reading, the bill which aims to reform the right of asylum in France. Under previous legislation two procedures existed for those applying for asylum; the first, run by OFPRA (Ofice Fraincais de Protection des Refugies et Apartrides) for those falling under the 1951 Convention and the second run by the Interior Ministry for victims of non-state persecution. The proposed legislation will make OFPRA the sole institution to which applications would be made. The Bill also has a safe country of origin component.

The Senate is most likely to examine the Bill after summer recess, in September, although it may yet happen in July.

Further measures prepared to tighten immigration rules

A number of measures on entry, stay and expulsion are included in the text of a draft Aliens Bill which has been presented to Parliament, tightening legal channels through which foreigners may gain a right to residence or permanent right to stay.

Under the terms of the draft Bill a foreigner wishing to marry a French national will have to provide a proof of legal residence. If they are not in possession of such a proof they would have to go to the prefecture to clarify their status. The marriage may be suspended for one month and the matter referred to the public prosecutor’s office if there are ‘serious indications’ that this could be a ‘marriage of convenience’. The suspension may be extended for another month.

Marriage with a French national abroad will be subject to strict verification and both spouses would have to be registered at the French civil registry.

A foreigner having obtained a residence permit after marriage will not be entitled to apply for a 10 year residence permit until after two years of matrimonial life. Also, participation in a ‘marriage of convenience’ will be punishable by 5 years’ imprisonment and a fine of 30,000€.

Persons whose stay in France are authorized essentially because they are parents of children born or raised in France will be required to prove that they exercise parental authority over the child and participate financially in their upbringing since the birth of the child or at least two years before applying for the residence permit.

Foreigners holding a one-year residence permit will be entitled to a renewable 10-year permit after 5 years (currently it is three years). Also it will not be an automatic right anymore, as a number of criteria will be taken into account, such as the conditions of employment, the intention to reside permanently in France and, rather vague “conditions of integration of foreigner into French society”.

The maximum period of remand pending expulsion will be increased from 12 to 32 days and everyone granted an entry visa will be fingerprinted.

Foreigners wishing to go on a private visit to France will now need a certificate of accommodation, issued by the town hall of the place of residence. A fee would be charged for this certificate. The local authorities could call upon the Office for International Migration (OMI) to conduct an investigation, if they suspect that the visitor is likely to overstay the visa.

Tougher conditions will be introduced for exercising the right of family reunion. Reunited family members will no longer be issued with a residence permit, but with a provisional one. A residence permit will only be issued at the end of five years, depending on “satisfactory integration… into French society”, which will be measured through parameters such as education, French language, professional training, participation in public activities or in a programme of reception and integration.

Finally, the Bill includes plans to build special court rooms in or near to ports and airports where hearings of foreigners denied entry into France can take place.

The Bill was already criticized by the National Consultative Committee on Human Rights (CNCDH) which underlined the “risks of arbitrariness” and of rendering the status of foreigners more precarious. The CNCDH accused the Government of limiting the policy of immigration to only “its policy dimension”, pointing out that the Bill has a general tendency to render more important the role of the police and the administrative authorities at the expense of the judiciary. The Committee expressed its disappointment that its criticisms had not been taken into account by the Government

Georgia

Discussions on repatriation to Abkhazia

Georgian National Security Council Secretary Tedo Djaparidze met in Tbilisi on 13^th of May with Roza Otunbaeva, the deputy to UN Special Envoy Heidi Tagliavini, to discuss measures to ensure the safety of Georgian displaced persons who wish to return to their abandoned homes in Abkhazia. Djaparidze quoted Otunbaeva as saying the UN is ready to participate in implementation of the agreements reached in Sochi in March between Georgian President Eduard Shevardnadze and his Russian counterpart Vladimir Putin on the return to Abkhazia of Georgian displaced persons, the resumption of rail transport from Sochi via Abkhazia to Tbilisi, and the restoration of the Inguri Hydroelectric Plant.

Following the May discussions representatives of the Georgian government, the Russian Foreign Ministry, and the UN held talks in Moscow on 16-17 June on implementing the repatriation agreement. Georgian Ambassador to Moscow Zurab Abashidze said the Russian representatives and the UN presented a program for repatriation and that the possibility of establishing a joint Georgian-Abkhaz administration in Abkhazia's southernmost Gali region was discussed. Gali had a large Georgian population prior to the 1992-93 war and is the first region of Abkhazia to which Georgians are expected to return. The Abkhaz leadership was not represented at the talks, but reportedly, the Abkhaz Foreign Minister Sergei Shamba was being briefed on their progress.

germany

Refugees from Iraq, Afghanistan and Kosovo targeted for deportations

At their May 15 conference in the city of Erfurt, interior ministers representing the German Federal Republic and individual German states decided that refugees coming from Iraq, Afghanistan and Kosovo should be returned to their native countries as rapidly as possible.

The first step is to increase pressure on the refugees to make them leave Germany “voluntarily”. For the time being, deportations to Iraq and Afghanistan are excluded due to the state of these countries, and also because there are no direct flights available to Iraq. However, the interior ministers decided that Iraqis must be returned “as soon as deportations are possible.”

With regard to Romani people and members of the Serb minority in Kosovo, the interior ministers reserved the right to organized deportations and to make use of force. They definitely ruled out the possibility of granting these refugees a permanent right of residence, as called for by a number of refugee organisations.

Lower Saxony is to push for law on integration

On the 19^th of May the Minister of Interior of Lower Saxony, Uwe Schünemann announced that his regional government would present to the Bundesrat a Bill on integration of foreigners in Germany before the summer recess.

Under the Bill participation in integration courses will be obligatory not only for new immigrants, but also for those foreigners who have been residing for a long time in Germany and are receiving social welfare or unemployment benefits. Those who refuse to take part will have their benefits reduced.

The integration course will last a total of 1,000 hours and would comprise lessons on German language, law, culture and history. New immigrants would be expected to pay the full costs of the programme, although it would be free for those who are granted asylum or those reliant on social welfare benefits. Participants in the programme will have to pass a uniform Federal test at the end of each phase.

German immigration law blocked

A new law to fine-tune immigration to Germany failed to clear passage in the second chamber of parliament on the 20^th of June in Berlin, with the government saying it would now seek mediation.

What was seen as the centrepiece of the Social Democrat-Greens coalition government's reform effort to try to attract skilled foreigners was blocked by the conservative-liberal opposition in the Bundesrat, the chamber which represents Germany's 16 federal states.

The new law was approved by the Bundestag, or national parliament, in May on the votes of the ruling SPD-Greens majority.

Interior Minister Otto Schily said the government would call the arbitration committee to mediate between the Bundestag and Bundesrat to seek a compromise capable of passing both houses.

Prior to the Bundesrat vote, Schily had appealed to the opposition to join the government side in approving the legislation.

He said that in the last century, America had achieved its pre-eminence thanks to being able to win the battle "for the best brains". In the current worldwide competition for top talent, Germany was hampered by completely outdated laws on foreigners, he argued.

Rejected asylum seeker under expulsion order must be granted the temporary status instead of going to prison

On 6 March 2003, the German Federal Constitutional Court (BVerfG) decided that a rejected asylum seeker under the obligation to leave Germany must be granted the temporary ‘tolerated’ (Duldung) status if he cannot be repatriated. This is also the case if the asylum seeker himself creates obstacles in getting the travel documents necessary for readmission into his home country. Consequently, such an asylum seeker may not be convicted for violating the Aliens Act on account of his unauthorized presence in Germany (Az.: 2 BvR 397/02)

The case concerned a Syrian who entered Germany in 1998 with the help of a smuggler. He was found to be in possession of a false passport and did not have any document to prove his real identity. After his asylum application was rejected, the authorities were unable to repatriate him, not being able to obtain the necessary readmission documents without his co-operation. He was therefore issued with a ‘Duldung’, but not until nine months later.

In the meantime, he was found guilty by a first instance court (AG) in Kempten for staying in Germany without authorization and sentenced to four months’ imprisonment. His conviction and sentence were subsequently upheld by two higher instances, a LG and the highest regional court (OLG) of Bavaria.

(MNS April 2003 p.11)

Greece

Readmission agreement with Turkey is not working

The Minister for Public Order, Michalis Chrysohoidis has expressed his frustration with Turkey, accusing them of not complying with the terms of the readmission agreement. According to the minister, Greece has invoked the agreement on 2,500 occasions and in 2,486 cases Turkey refused to take back the migrants concerned, arguing that there was no conclusive evidence that they had really departed from Turkey.

Humanitarian NGOs denounce Greek asylum policy

On the 5^th of May several humanitarian NGOs, including Amnesty International and the Greek Council for Refugees, denounced the very restrictive asylum policy pursued by the Government, describing it as deliberately intended to make it difficult for asylum-seekers to receive protection in Greece. Among the examples of unacceptable practices the NGOs pointed to lawyers’ lack of access to asylum seekers and the fact that those held in detention are not provided with an interpreter or an opportunity to use the telephone.

The refugee recognition rate in Greece fell from 11% in 2001 to 0.3% in 2002, even though the number of asylum seekers remained steady (5,499 in 2001 and 5,664 in 2002)

italy

Italy negotiates deals to prevent ‘illegal immigration’ from the South

Italy is close to signing a deal with Libya, allowing it to send Italian troops to Tripoli to fight against illegal immigration, Prime Minister Silvio Berlusconi said on the 26^th of June. Speaking to the Senate in Rome, Mr Berlusconi said this deal foresees sending Italian soldiers to control Libyan ports and borders. The deal would also authorise Italian ships to patrol in Libyan waters.

"A deal with Tunisia is also at an advanced stage," Mr Berlusconi added.

But Italy's plans were soon played down by Libya, as Libyan foreign affairs ministry stated that they have not been informed so far about these plans, and that the current proposal raises sensitive constitutional and sovereignty issues.

Yet, Tripoli still appears willing to reach a deal with the Italians. “We are sure that when Interior Minister Giuseppe Pisanu arrives in Libya in the following days and provides us with the details of the proposal it will be possible to reach common understanding,” the ministry was quoted as saying.

Italy considers transit camps

Italian Foreign Minister Franco Frattini has called for the creation of transit camps in the Mediterranean for so called ‘illegal’ immigrants as a way of countering the wave of human traffic into Europe. Frattini said that Italy was willing to work to establish a maritime control centre for the southeast Mediterranean in Cyprus “to house clandestine migrants stopped at sea until they are sent back to their home countries.” The foreign minister also proposed setting up similar centres in Malta with the cooperation of Britain and Spain.

In another effort to stem so called ‘illegal’ immigration, Frattini suggested that Italy could offer a ‘reward’ to countries which agree to prevent their citizens from attempting to cross the waters to Italy. “Italy could increase legal immigration quotas from countries who succeed in stopping clandestine immigrants from leaving their shores.” the minister told the press.

ireland

Notices in embassies aim to discourage refugees

Irish embassies and consulates have been told to put up notices aimed at discouraging applications for residency in the State by non-EU immigrant parents of Irish-born children. The move follows last January's Supreme Court ruling that non-EU immigrants did not have a right to reside in Ireland solely because they were parents of Irish citizen children.

A spokesman for the Minister for Justice, Mr McDowell, confirmed the move on the 27^th of April and said the Minister wanted maximum publicity for the implications of the Supreme Court judgement.

The ruling means almost 11,000 people, whose applications are outstanding, could face deportation. Mr McDowell has, however, ruled out any mass deportations and has said each case is likely to be considered on an individual basis. Also, where the Minister proposes to deport a person who is the parent of an Irish-born child, they will be given an opportunity to appeal the decision on humanitarian grounds. These grounds include parentage of an Irish-born child.

The Minister has also indicated that the length of time the parents of Irish citizen children have been residing in the State would be a key factor in considering residency applications.

Refugee and human rights organisations have expressed concern at how the Government will respond to the court ruling.

Asylum applications drop to lowest monthly level since 1999

The number of asylum applications made in Ireland has fallen to its lowest monthly level in almost four years, new figures show. A total of 667 people made claims in April, the lowest monthly total since July 1999 when 571 claims were made. A total of 892 people claimed refugee status in March of this year, with 947 applicants in February and 979 in January. For the past few years the monthly total has been running at around 1,000 claims per month. The drop in figures may indicate that last January’s High Court ruling which stated that the immigrant parents of children born in Ireland could not automatically reside here is having an impact.

Asylum-seekers 'refused' at airports

Asylum-seekers are being deported from Ireland without being given the chance to claim asylum, according to refugee support groups. The Irish Refugee Council says it has growing evidence of asylum-seekers being refused entry into Dublin and Cork airports by immigration officials and then deported on the next available flight. “We have recorded more of these cases in the last month than during the whole of last year,” said Peter O’Mahony, chief executive of the Irish Refugee Council. “For many asylum-seekers, the arrivals area in certain airports is the most dangerous place in the country.” The Department of Justice, however, has rejected claims of a change in the State's immigration policies and said only ‘illegal immigrants’ may be refused entry. Leave to land may be refused to an ‘illegal immigrant’ under the Aliens Order Act (1946) on several grounds, such as absence of a work visa or insufficient funds. However, a person seeking refugee status is automatically entitled to remain in the State until their claim is processed. An asylum-seeker may be detained under the Refugee Act (1996) on a number of grounds, such as possession of forged documents.

Plans for 'super-fast' process to determine refugees

Rapid processing of refugee claims within weeks and extended detention periods for asylum-seekers are among proposed legal changes to be introduced by the Minister for Justice. Mr McDowell wants to put in place a ‘super-fast’ refugee determination process for asylum-seekers from countries deemed safe and therefore not likely to be refugees fleeing persecution. Applicants from safe countries would have their claims processed in large accommodation centres such as the former Mosney holiday camp in Co Meath and the Balseskin centre in north Co Dublin. Legal advice and interpreter facilities would be available on site to allow initial decisions to be taken within days. Currently, all asylum applicants are assigned accommodation around the State but must travel to Dublin for refugee interviews. Where applications to be allowed to remain in the State as refugees are turned down, under the ‘super-fast’ procedures the appeals would be heard within a shortened period. Anyone whose case was deemed ‘manifestly unfounded’ would have four working days to appeal, as opposed to the current 10.

The proposal was, however immediately under fire from the refugee groups. Irish Refugee Council chief executive Peter O'Mahony said the Council was worried that a speeded-up asylum process would result in a lack of quality decisions.

“We have a huge issue with all this and we have seen already that a speeding-up of the system has been clearly at the expense of quality,” he said.

Although he said he could understand the need for fingerprinting, he cited grave concerns over any measure that extended the length of time people could be held in prison.

Appeals tribunal expresses concern over high proportion of rejected asylum-seekers who fail to appear at their hearings

In its annual report for the year 2002, the Refugees Appeal Tribunal expressed concern that 18.6 % of its 5,275 scheduled hearings resulted in the asylum-seekers concerned not appearing or withdrawing their application. The proportion was far higher in 2001, when non-appearance and withdrawals accounted for 30.9 % of the 3,037 scheduled cases.

The report emphasis that the high number of no-shows and withdrawals last year was an issue of concern to the tribunal, having regard to the time and resources of staff and members applied in scheduling and preparing for an appeal.

Last year, about 86 % of asylum seekers rejected in the first instanced lodged an appeal and about one in every four cases of appeal was upheld by the Appeals Tribunal.

http://www.unhcr.ch/cgi-bin/texis/vtx/rsd/+UwwBmeUDT7KwwwwMwwwwwwwtFqrfGncwDmcFqo-uPPyER0MFmqDFqwdFqnN0bI3zmnwwwwwwwGFqmf2PBFqt20-P0H/rsddocview.html

macedonia

Still more than 5,000 displaced persons in Macedonia

Vlado Popovski, who is a minister without portfolio in charge of refugee questions, told the government on 2 June that there are still 5,548 internally displaced persons in the country. In July 2002, the official number of displaced persons was 5,762. According to data collected by the Labor and Social Affair Ministry and the Red Cross, more than 1,400 families cannot return to the homes they left during the 2001 interethnic conflict. Some 3,942 displaced persons found refuge with other families, while 1,606 persons are still living in refugee centres. About 5,000 buildings with minor damage have been reconstructed with the help of the international community. The reconstruction of another 1,500 buildings is still in progress.

FYR Macedonian Assembly adopts proposal to enact asylum law

On 12 May 2003, the Macedonian parliament adopted the proposal on passing the Law on Asylum and demanded the government to prepare a draft law while considering the remarks from parliamentary bodies.

The Draft Law on Asylum is based on respect of basic freedoms and rights of the citizens irrespective of the race, faith, nationality, belonging to a particular social group or political affiliation and recognition of the social and humanitarian character of the refugee problem.

The Law on the Movement and Residence of Foreigners regulates this but the part on asylum and refugees is not sufficiently precise and does not correspond with certain international standards.

Members of the parliament resume the 21st session debating the report on the work of the ombudsman for 2002.
UNHCR News on www.unhcr.ch

Moldova

Moldovan Parliament begins process of amending citizenship law

Moldovan Parliament approved the first reading of an amendment to the Citizenship Law on 29 May that would make it possible for Moldovans to hold dual citizenship. If passed the amendment would mean that foreign citizenship would no longer trigger the automatic loss of Moldovan citizenship, as is the case under current legislation. Former Moldovan citizens who hold foreign citizenship would also be eligible for reclaiming their Moldovan citizenship. According to unofficial data, around 300,000 Moldovans have been granted Romanian citizenship in recent years, and many Moldovans who live in Transdniester hold Ukrainian or Russian citizenship.

MONTENEGRO

The Montenegrin Government agrees to pay a compensation to pogrom victims

On 19 June 2003, the Montenegrin Government agreed to pay in compensation 985 000 Euro to 74 Romani victims of the Danilovgrad tragedy - a notorious 1995 pogrom involving mob-violence and the total destruction of an entire Romani neighborhood.

The award follows a decision adopted by the United Nations Committee against Torture (Committee) on 21 November 2002, in which it expressly found the Montenegrin authorities in violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and requesting that they provide the victims with comprehensive redress, including fair and adequate compensation (Hajrizi Dzemajl et al. v. Yugoslavia, CAT/C/29/D/161/2000).

In the proceedings before the Committee, victims were represented jointly by the European Roma Rights Centre (ERRC), the Humanitarian Law Centre (HLC) and Dragan Prelevic, an attorney from Podgorica.

On 19 March 2003, in a written response to the Committee, the Montenegrin Government expressed its willingness to consider a civil damages settlement. On 8 May 2003, the ERRC and the HLC sent a joint letter to Mr. Milo Djukanovic, Prime Minister of the Republic of Montenegro, expressing concern about the continuing absence of redress and stressing that a just civil damages settlement must take into account the gravity of the violations at issue and be based on genuine respect for human rights. On 19 June 2003, the Montenegrin Government adopted a decision to pay 985 000 Euro in compensation, including costs, to the 74 Romani victims of the Danilovgrad pogrom.

http://www.errc.org//rr_nr1-2_2003/legalde1.shtml

netherlands

Further tightening of the immigration follows report by Aliens Advisory Committee

Following a report by the Aliens Advisory Committee published on the 14 May, the Minister of Immigration and Integration indicated that the Government has opted for an extensive nationwide plan of action for combating terrorism and promoting security.

Where immigration policy is concerned, work has been carried out on a central finger printing system which will be accessible and be monitored at both national and European level. To this end, the Netherlands is experimenting with a verification technique, which uses biometric characteristics when issuing visas. The smuggling of persons unit of the police is to be expanded. Moreover, the external border inspection and the Mobile Border Supervision of Aliens will be tightened up.

37 asylum centres to close

The Dutch national asylum centres organisation (COA) is to close 37 shelters due to the drastic drop in asylum applicants brought about by the tough new immigration regime. The director of the COA reception centres Albayrak-Temur said the rate of closures would put the “humanitarian aspect under great pressure” and that asylum seekers would have to move, perhaps several times, as centres are decommissioned. But Albayrak told NOS news that “humanitarian care would be maintained in all (the COA's) operations”. Back in February the COA announced its plans to reduce the number of places available for asylum seekers by 20,000, on top of the 24,000 places scrapped in 2002.

Netherlands opens first "deportation centre" for immigrants

The Netherlands opened the first of two “deportation centres” on the 27th of June, where hundreds of illegal immigrants and rejected asylum seekers – including women and children – will be detained pending expulsion.

A first site for nearly 200 prisoners was opened at Rotterdam Airport and a second, with a capacity of 100, will be opened at Amsterdam's Schiphol Airport later this year, according to a statement from the Immigration Service. The two facilities will be expanded to hold up to 600 detainees.

The deportation centres are fiercely contested by human rights groups and refugee organizations who say they will be little different from prisons.

Trees Wijn, a spokeswoman for the Dutch Refugee Council, said imprisonment is such a harsh punishment it should be limited to criminals and used only as a last resort.

Asylum Application of Iraqi Mullah unjustly declared inadmissible

On 9 April 2003, a court in Amsterdam ruled that the Immigration and Naturalisation Service (IND) had unjustly declared as inadmissible the asylum application made by the Iraqi Mullah Krekar [AWB/ 03/3050 BEPTDN. (EG)].

In January 2003, Mullah Krekar applied for asylum in the Netherlands. The IND rejected his application without examining the merits on the ground that the asylum application was solely meant to frustrate his impeding expulsion to Norway where he was in possession of refugee status. The Ministry of Justice had stated that the applicant misused procedural law by lodging this application without reasonable grounds just before his expulsion.

The IND refused to grant him refugee status arguing that the Dutch authority cannot provide him with more protection than Norway where he has refugee status. Moreover he never applied for asylum in the Netherlands since his arrival in September 2002. In addition, there are reasons to believe that Mr. Krekar has a central position in the international terrorist organization ‘Ansar Al Islam’ that is responsible for human rights violations and has ties with the Taliban in Afghanistan and with Al-Qaeda.

The Court ruled that it was not convinced by the IND’s argument that Mr. Krekar lodged an asylum claim only to frustrate his expulsion to Norway. The Court felt that he had a valid reason for filing the application just before his expulsion since he had made it clear that he wanted to wait with his asylum claim until the procedure concerning his extradition to Jordan was turned down.

Furthermore, the court wondered why the IND had to reject the asylum request of Mr. Krekar immediately without looking into the merits. The IND should have used the accelerated procedure. The fact that Mr. Krekar was playing a central role in the organization Ansar Al Islam should have had no effect on this.

Rules of reception for unaccompanied minors are considered by a court to be too harsh

On 23 April 2003, a Court in the Hague ruled that the rules on unaccompanied asylum-seeking juveniles found in centres run by the Asylum- Seekers Reception Services (COA) were too harsh. The court ruled that the regime must be made less rigid. Asylum seeking juveniles should have more spare time and an independent complaint commission should be set up. Although the court dismissed the principal demand of the organisations that the Juveniles should not be compelled to follow the intensive day programmes in the reception facilities located in Vught and Deelen, it nevertheless agreed that changes were necessary for the juveniles to have some rest and free time.

The two centres, with a total capacity for 180 juveniles, are intended as temporary accommodation for people who are to be returned to their country of origin. The day programmes are therefore not intended to promote their integration into Dutch culture. As a result of the very strict regime there, many juveniles have absconded and their whereabouts are unknown.

The court ruled also that the COA was no longer entitled to reduce the amount of pocket money.

Eight Chinese suspects on trial in Rotterdam charged with smuggling illegal immigrants from China into Britain via the Netherlands and Belgium

On 23 May 2003, the trial of a Chinese woman said to be one of Europe's most prolific people-smugglers and seven others started in Rotterdam.

The woman known as ‘Ms Ping’ is accused of systematically smuggling people and of arranging their shelter in safe houses. Prosecutors believe that Ms Ping was a vital link in a chain, which stretched from some of the most impoverished parts of rural China to the UK.

Four of the accused allegedly had a hand in organising the passage of the 58 people who died in the back of a refrigerated truck which arrived at Dover in June 2000, although the authorities found no evidence of direct involvements, accused of masterminding the transit of thousands of illegal immigrants from rural China to the UK.

During the trial, the prosecutor’s request to show a police video of the Dover deaths was refused on the grounds that those of the accused suspected of involvement took no part in the final stage of the journey.

Dutch police arrested 77 Chinese illegal immigrants awaiting transit to the UK in a network of Rotterdam safe houses that month, and they believe that thousands of people were concealed in the same way by the gang, six of whom are themselves illegal immigrants.

The trial is expected to last nine days and a final verdict to be delivered in a month.
They are charged with belonging to a criminal organisation that was involved in smuggling people, dealing in false passports and helping migrants enter countries illegally.

http://news.bbc.co.uk/1/hi/world/europe/2931216.stm

norway

Asylum regulations to be changed

The Government wants to make it easier for persons who are persecuted because of gender or sexual disposition to obtain asylum in Norway, according to the Municipal Minister Erna.

Currently, the Refugee Act defines a refugee in the same way as the 1951 Refugee Convention, which describes the five reasons for persecution, namely race, religion, nationality, social grouping or political convictions.

More funding for deportations

On the 14^th of May the government had announced that both the police force and the Directorate of Immigration will receive more funds and resources to enable them to implement expulsion orders and shorten the period of processing asylum claims.

Also more funds will be provided for those refugees who have already received a residence permit so that they can leave their reception centre and become part of society.

poland

“Tolerated status” for rejected asylum seekers

On the 23^rd of April, Jan Wegrzyn, head of the Polish Aliens Department, stated that a Bill on amending the asylum law was being prepared to grant certain rejected asylum seekers in need of protection a “tolerated” residence status. These people, however, will not be entitled to social welfare.

Polish Parliament adopts Bill on refugee status

On 22 May 2003, the Polish Parliament Sejm voted with 364 to six, with seven abstentions, on passing a refugee-status bill. Under the new legislation, a foreigner with refugee status in Poland would be issued a residency card. The State would provide social assistance only to destitute foreigners in refugee centres for the period of three months and for an additional 14 days after they are granted refugee status. The Bill stipulates that a foreigner whom authorities decided to expel may be kept in a detention centre up to 30 days.

http://www.rferl.org/newsline/3-cee.asp

russia

Returns to Chechnya

On the 2nd of June the Federal Migration Service reported that more than 2,500 refugees have returned from Ingush tent camps to Chechnya since the beginning of 2003. The Migration Service's first deputy chief Igor Yunash has claimed that the return was voluntary and the latest terrorist attacks have not slowed down the progress

“We expect that the number of applications from Chechen refugees willing to return from Ingushetia will rise, mostly thanks to the government's decree guaranteeing compensation for destroyed houses, which will take effect soon,” the official said.

This, however is bitterly disputed by many other observers, especially the claims that returns are ‘voluntary’. In particular, UNHCR Moscow has reported the enormous problems refugees are facing in obtaining legal status, which means they are unable “to obtain the residency permits required for legal employment, healthcare, housing assistance and social benefits”. Medecins Sans Frontieres have accused officials in Ingushetia of playing bureaucratic games as part of a campaign to force refugees to return to Chechnya against their will, after the authorities refused to let Chechens into 180 new houses build by MSF and ordered them to be torn down because the houses were built without the proper permits. MSF also conducted a survey of nearly every family in the tent camps in February. 3,200 people were surveyed in all, with 98 percent stating that they do not want to return to Chechnya. Nearly all said they feared for their lives.

MSF’s survey is available from:

http://www.msf.org/source/countries/europe/russia/2003/forcedchechensreport/report.doc

New Rules on Unwanted Foreigners

Starting Monday 14 April 2003, new rules on foreigners entering and leaving the country have entered into force. The new rules are amendments to the law on entry and exit and will give the government greater control over those who need visas to enter, stay in and leave Russia.

The changes end the relaxed visa system that has been in place for the past decade and had placed visas into three broad categories: multiple-entry, double entry and single entry.

Under the tighter system, the new visa categories are private, business, tourist, student, work, humanitarian and political asylum. Foreigners applying for the visas will have to provide additional documentation to support their claims that they are who they say they are and will do what they are promising to do.

Their main purpose is to remove third parties, visa-support agencies and other disinterested parties, from the visa application process. The authorities and foreigners alike have had problems when agencies obtained visas on someone's behalf but then failed to provide other support such as visa registration.

The United Nations High Commission for Refugees said the effect for refugees will be positive. The amendments stipulate, in particular, that recognized refugees can exit and enter Russia on the basis of a refugee travel document. Nevertheless, it is still to see how the law will be implemented.

The amendments contain two lists, one spells out reasons for mandatory denial of entry, while the other is for possible denial of entry.

Among the reasons for denying entry are if a person has been convicted of a serious crime in Russia; is deemed a threat to state security or has been deported or expelled from Russia.

The second category consists of foreigners who cannot return for five years after being expelled with the following conditions. If a person is considered a risk to public order or public health; is on a Russian blacklist; has insufficient funds to support himself and pay for his departure from Russia. However, the government has yet to decide how to enforce this rule.

A foreigner might be denied entry if he: fails to submit a migration card the last time he left Russian soil; has been convicted of a crime abroad or has participated in an activity that is recognized as a crime in Russia; violated the rules of crossing the border, including customs rules and sanitary rules; failed to pay taxes during a previous visit; has been fined at least twice for administrative violations in Russia in the past three years; failed to pay a fine or other administrative penalty during a previous visit;

The amendments still require several pieces of follow-up legislation, the procedures and time periods for extending and renewing visas and, if necessary, cancelling lost visas.

http://www.moscowtimes.ru/stories/2003/04/11/002.html

Lithuania, Russia sign readmission agreement

Foreign Ministry Secretary Darius Jurgelevicius and Russian Deputy Foreign Minister Sergei Razov signed a readmission agreement in Vilnius on 12 May. The bilateral agreement provides for the return to Russia or Lithuania of illegal aliens in either country. The agreements are needed to allow Lithuania to comply with Schengen requirements after the introduction of new transit rules on 1 July. Razov said that the readmission agreement, the first signed by Russia, will serve as a model for similar agreements with other countries. Lithuanian parliament voted unanimously on 29 May to ratify the recently signed readmission treaty with Russia. The treaty still must be ratified by the Russian Duma and Federation Council so that the agreement on travel documents for Russian citizens transiting Lithuania to and from Kaliningrad Oblast can take effect on 1 July.

Citing SARS, Moscow police deport Chinese and Vietnamese

Some 500 Chinese and Vietnamese citizens were deported from Moscow because of concerns over the spread of the deadly SARS virus, police chief Vladimir Pronin announced on June 3. Moscow Mayor Yurii Luzhkov announced on 10 June that city authorities had closed down about 19 dormitories occupied by citizens of China and Vietnam following a health inspection. According to Luzhkov, several of the apartment buildings were genuine incubators of infection.

SPAIN

Proposals for new immigration laws

The Spanish Government is planning to reform immigration laws in a bid to tackle the so-called ‘illegal’ immigration and people-smuggling. Prime Minister Jose Maria Aznar says the reform is aimed at controlling immigration numbers. He has offered to engage in extensive dialogue with the Opposition on the issue and says he will attempt to reach consensus on the planned reforms. Under the reforms, immigrants would be allowed to enter and reside in Spain only if the country was able to accommodate them. Entry visas under the new scheme will allow foreigners to work.

Further responsibilities will be imposed on airlines. They will have to provide a full passenger list of a flight to the Spanish authorities before embarkation if such a request is made. The airlines will also have to inform the authorities of all the passengers whose have not made use of their return ticket from Spain within three months after arrival. Finally, if passengers in transit in Spain are not allowed to continue their journey, because country of destination refuses entry the airline will have to assume all costs involved in returning such passengers to the point of departure before arriving in Spain.

Agreement signed with IOM on ‘detecting illegal immigrants’

On the 15^th of April, the junior Minister responsible for immigration, Ignacio Gonzalez and the Director General of IOM, Brunson McKinley signed an agreement under which the latter is to set up “a network of alert and social denunciation” to detect the “new presence of illegal immigrants” and to “combat illegal immigration”. It is intended to secure the involvement of NGOs who will be urged to collaborate in obtaining information on irregular migrants. This information will be then transmitted to the authorities.

The agreement, which came into force the same day, is valid until the end of the year and may be renewed. It is also intended to promote voluntary return of irregular migrants, refugees and failed asylum seekers.

According to Mr Gonzalez, there is a growing number of immigrants who feel their initial expectations of Spain were not realised and are experiencing difficulties integrating and may be persuaded to accept voluntary repatriation.

However, the main opposition parties condemned the initiative, describing it as “absurd” and “doomed to fail”. The United Left party accused the Government of adopting yet another measure to provoke anxiety among undocumented immigrants.

sweden

Financial assistance offered for voluntary returns to Iraq

Iraqis who wish to return to their country can now obtain assistance from the IOM and the Migration Board. This applies both to asylum seekers and persons with residence permits.

switzerland

More countries added to the ‘safe countries list’

The Swiss government announced on the 25^th of June that asylum seekers from Bosnia-Herzegovina and Macedonia have no chance of being accepted in Switzerland after their homelands were added to a list of "safe" countries.

The Swiss federal government also added the 15 European Union member states to the list of countries considered safe, as well as the 10 EU accession countries and European Free Trade Association (EFTA) members.

Nationals from these countries will automatically have asylum requests turned down by the Swiss authorities.

Countries already on the list are: Albania, Bulgaria, Gambia, Ghana, India, Lithuania, Mongolia, Romania and Senegal.

united kingdom

Britain repatriates more asylum seekers to the Czech Republic

Britain is continuing to return failed asylum seekers from the Czech Republic. On the 15^th of April 89 Czechs and on the 10^th of June 61 Czechs returned by a special flight to Prague in what were the tenth and eleventh deportation.

Britain does not recognize requests of Czech citizens, mostly Roma. It has changed its asylum law to this effect in view of the Czech Republic's planned entry to the European Union as all the candidate countries have been placed by Britain on the list of safe countries.

While Czech asylum seekers prevailed among foreigners asking for asylum in Britain in the past years their number is now falling steeply. On the 22^nd of May it was reported that only 20 Czech citizens requested asylum in Britain in the first three months of 2003, compared to 1,425 during the whole of 2002 and 880 during 2001.

Afghan asylum seekers forced to return home

A group of Afghan asylum seekers were forcibly repatriated in a chartered flight from Gatwick on the 28^th of April, despite a UN warning that their country remains unsafe. The departure of about 30 men heralded the forced removal of hundreds of failed Afghan asylum seekers who have refused to go home, even though they have been offered £600 assistance each.

The UN believes that much of Afghanistan remains unsafe and has urged western aid donors to do more to bring stability to the country. The UN high commissioner for refugees said that more than 10 NGOs have quit Kandahar in south Afghanistan since a Red Cross water engineer was murdered last month. Much of south-east Afghanistan remains off-limits to aid agency staff and the UN has curtailed its activities in the north-west after a new outbreak of inter-factional fighting west of Mazar-i-Sharif. The Afghan government is already struggling to cope with the refugees returning from neighbouring countries.

Although the number of Afghans seeking asylum in Europe fell by more than 50% last year, the UNHCR fears the trend may be reversed if the situation in Afghanistan deteriorates. Last year more than 7,000 Afghans claimed asylum in Britain.

Iraqi asylum seekers fear being sent back

It was announced on the 16^th of June that consideration of Iraqi asylum claims is to be re-started, following ‘fundamental change in the situation in the country’.

The Home Office is also to help Iraqis in the UK who want to go back to re-build their country. The voluntary assisted returns programme will pave the way for enforced returns later this year.

The Immigration Appellate Authority will also start will also start listing Iraqi asylum appeals from today, following a similar suspension.

The Government will work with the International Organisation for Migration on a dedicated returns package which will begin at the end of the month. This will cover failed asylum seekers and others who wish to return to Iraq, including those who applied for or received protection before the military action took place.

An estimated 7,000 cases are awaiting decisions of which 1,600 are appeals.

Meanwhile, the International Federation of Iraqi Refugees (IFIR), with around 500 members across the UK, has launched a campaign to stop any deportations. The Federation believes that democracy, human rights and security will not emerge in Iraq in the short term and that any claims by the British government that Iraq has been ‘liberated’ need to be questioned. Dashty Jamal, of IFIR, said: “Iraqi refugees are anxious about their future and about the prospect of being deported. They have had their benefits stopped and have been evicted from their accommodation as a result of the UK's anti-refugee policies. And they know that in Iraq there is still hunger, killing and insecurity.”

Seven more countries join asylum ‘white list’

The government is closing the door to asylum seekers from another seven countries which are deemed to be "safe", it was announced on the 17^th of June.

For the first time the so-called "white list" of countries from which asylum applications are unlikely to succeed will include states in South America, Africa and the Indian subcontinent.

Immigration minister Beverley Hughes said the seven new countries, bringing the total up to 24, were Brazil, Equador, Bolivia, South Africa, Ukraine, Sri Lanka and Bangladesh.

Britain tightens immigration controls for citizens of 16 countries

The government said on the 23^rd of June it is adding 16 nations to a list of countries whose citizens will need visas to travel through Britain on their way to other destinations.

Home Office minister Beverley Hughes said the measure, effective from the 24^th of June, is aimed at preventing would-be asylum seekers from skirting immigration controls by claiming that they are travelling to a third country.

The affected countries are Albania, Belarus, Burma, Burundi, Gambia, Ivory Coast, Liberia, the former Yugoslav Republic of Macedonia, Moldova, Nepal, the Palestinian Territories, Rwanda, Senegal, Sierra Leone, Sudan and Vietnam.

Those visiting Britain from these countries already need visas. The change means they will also need a visa in order to pass through Britain on their way to a third country.

Locking up child refugees is unjustifiable, says report

A report from a group of MSPs demanded that the practice of locking up children in Scotland's only detention centre for refugees should be scrapped. They said there was “no justification” for detaining children at the Dungavel Centre in Lanarkshire. Instead, they said families with children should remain in the community while their asylum applications are being dealt with.

The group concluded: “Dungavel is not an appropriate place for families. Community reporting procedures should be explored as an alternative to the detention of families with children… While children remain at Dungavel, their welfare should be the explicit responsibility of the local child welfare agencies and their involvement should be enhanced.”

Children only have “limited” access to education, the MSPs say, while there is also no play area for them. The cross-party group's visit to Dungavel followed concerns raised about families kept there, the length of time refugees were being detained and conditions within the building.

In all, the group identified 10 areas where they believe steps should be taken to improve the way refugees are treated. Among their concerns was the manner in which some refugees were moved to Dungavel despite, in some cases, having spent years living in the community. There was also significant criticism over the length of time some asylum seekers are detained for and the fact that the movement of the refugees within the building was “severely restricted”.

The cross-party group also claim that the asylum seekers are not kept well enough informed about their situations. “A more pro-active position must be taken to ensure detainees have access to all relevant information as soon as possible,” the report said.

‘Big fall’ in claims for asylum

The number of people claiming asylum in the UK has dropped dramatically, according to Home Office figures.

The closure of the Sangatte refugee centre in Calais is being cited as one of the chief reasons for the fall. Many asylum seekers entered the UK through Kent ports like Dover when the centre was open.

According to the Home Office, there was an average of 5,330 claims in each of the first three months of the year. That is more than a third fewer claims than were made in the previous three months.

Call to employ asylum seekers in Scotland

The Home Office is to be lobbied to allow skilled people seeking asylum to work in the Scottish health service and construction industries, as both areas are suffering a shortage of qualified staff and skilled workers. The move is being backed by the Scottish Executive and Glasgow City Council, which houses the majority of asylum seekers in Scotland.

About 75% of those seeking asylum in Scotland have professional qualifications and authorities believe a potential workforce of more than 4,000 people could be created in an effort to boost the Scottish economy.

ID cards to cut down on ‘illegal workers’

The home secretary, David Blunkett, has stated his intention to bring in legislation this autumn to introduce a national identity card for all adults as part of a package of measures to tackle illegal working by migrants. The package will include a further clampdown on the appeal rights of rejected asylum seekers and measures to tackle those who destroy their documents on arrival in Britain.

Mr Blunkett said he would put his policy paper recommending the first national identity card since 1948 to the cabinet in the next six weeks with the aim of introducing the cards soon after the next general election.

Under Mr Blunkett's proposal, the card is expected to carry name, date of birth, address, employment status, sex, photo, national insurance, passport and driving licence numbers, and a password or PIN to authorise transactions. It will also carry ‘biometric information’ such as an eye scan or electronic fingerprint to guard against identity fraud. Everybody will be required to register for the new national database but it will not be compulsory to carry the card to produce to the police.

Mr Blunkett made clear that he saw the cards as a way of tackling ‘illegal migrants’. “I want them because I do want to know who is here,” he said. “I want to know whether they're working legally. I want to know whether they are drawing on services legally.”

Tighter visa regime for Algerians

The Home Office has announced that Algerian nationals travelling through the UK will be required to have a visa from midnight on the 2^nd of May.

Algerians already need a visa to visit the UK. They will now also need a visa to pass through the UK on their way to a third country.

Curbs proposed on legal aid in asylum cases

Asylum seekers’ access to legal aid will be capped, and free criminal advice under duty solicitor schemes will be cut back, under plans unveiled on the 5^th of June to curb the spiralling costs of legal aid.

In two consultation papers the Lord Chancellor's Department outlined a package of curbs aimed at containing costs in the two fastest-growing areas of legal aid work, immigration and crime.

Under the proposals legal aid would pay for only five hours of help up to the point of the asylum seeker's interview with the Home Office. This would concentrate on preparing the client's written case, but legal aid would no longer pay for the solicitor attending the interview. Each asylum seeker will be given a unique number to prevent those with unmeritorious cases who are refused help by one law firm turning to another.

The proposals were condemned by legal aid lawyers and access to justice campaigners, who said they would lead to inadequately prepared cases and injustice for asylum seekers. Richard Miller, director of the Legal Aid Practitioners Group, said the proposal for a blanket restriction on hours of work for asylum seekers was “a denial of access to justice" and the time limits were "grossly inadequate”.

Britain wavers on the ‘offshore processing’ plans

British interest is rapidly cooling on a Europe-wide plan to deal with the applications of asylum seekers who come to Britain in “offshore” processing camps outside the borders of the EU.

Throughout spring reports of camps being prepared in Croatia, Albania, Russia, Ukraine and the Horn of Africa and ministers stating that the scheme has enjoyed “warm support” at the EU level seemed to indicate that the plans will go ahead, possibly with the backing of the European Union.

However, strong criticisms were voiced by NGOs and UNHCR, who stated that the plan would “create multiple Sangattes” and expressed concerns that these infringe people's human rights and act as magnets for asylum seekers and people smugglers. At the same time, at the EU level, several countries expressed their reservations about the plan, with Germany stating that the media comparisons which likened the British proposals to concentration camps made the issue very sensitive for the Berlin government. This meant that the proposal was not taken up at the EU level, leaving Britain with the option to pursue the plan with other countries willing to be involved or dropping it altogether.

European Roma Rights Centre and Others v. The Immigration Officer at Prague Airport

On 20 May 2003, the Court of Appeal dismissed the ERRC’s appeal against a new scheme operating a pre-entry clearance immigration control at the Prague airport (juxtaposed control), following an agreement between the UK Government and the Czech Government.

A new power to operate the rules extra-territorially was implemented by the UK government at Prague airport on the 18 July 2001, which aimed principally at stemming the flow of asylum seekers from the Czech Republic. However, the new scheme produced an unusually large proportion of failed asylum seekers, mostly of Roma ethnic origin.

In this case, the European Roma Rights Centre (ERRC) challenged the Prague operation in two ways. First, they claimed that the agreement violates the UK’s obligations both under the 1951 Geneva Convention relating to the status of refugees and under customary international law. Second, the agreement contravenes Section 19 (B) of the 1976 Race Relations Act constituting direct racial discrimination against this Czech Roma who are seeking to come to the UK.

On 20 May 2003 the case was rejected on all grounds of challenge. The Court of Appeal pointed out that the right of asylum is a right of States, not of the individual. No individual including those seeking asylum may assert a right to enter the territory of a State, of which that individual is not a national. As to the second ground, the Court ruled that irrespective of whether there has been discrimination, it would have been a justifiable indirect discrimination not based on racial grounds.

http://errc.org/rr_nr4_2001/snap1.shtml

High Court Judge urges changes to stop asylum-seekers abuse the ‘exhaustion of remedies’ process.

In a ruling of 9 April 2003, a High Court judge, Mr. Justice Munby demanded a stop to failed asylum-seekers “playing the system” to prolong their stay in Britain.

Mr Justice Munby said that many cases involving repeated legal challenges of decisions to remove people from the country were mounted simply to delay departure. He said that the deficiencies in the system allowing repeat court challenges were an abuse of the legal process.

He launched his criticism as he considered the case of Mohammed Dahmani, an Algerian held at Tinsley House removal centre near Gatwick airport. The applicant had arrived to the UK in the back of a lorry and had his request for asylum refused in January 2002 by the Home Office. An immigration adjudicator had found that he was not a terrorist or terrorist sympathiser and that there was no reason to believe that he had a well-founded fear of persecution if returned to Algeria.

The applicant had made four unsuccessful attempts to remain in the country by applying for judicial review at the 11^th hour each time the Home Secretary ordered his removal. Justice Munby commented that the applicant was abusing the courts systems.

The new proceedings meant that the latest attempt by the Home Secretary to deport him was then stayed by a judge, pending determination of this latest challenge. Mr Justice Munby said that the case came to him, and on March 31 he ordered, after studying the history of the case, that it should be heard today as a matter of urgency.

The Judge ruled that the point raised in the fourth application for judicial review should have been taken at an earlier stage and there was “no merit” in the challenge. In an effort to prevent the case coming back to court for yet a further challenge, the judge ordered that an application should come before him or another senior judge, Mr Justice Maurice Kay, “for the purposes of giving immediate directions”.

He added that the current court rules gave an applicant for judicial review “an absolute right” to an oral hearing once a paper application was refused.

He suggested consideration should now be given to changing the rules so that tighter controls could be adopted similar to those that applied in the case of vexatious litigants to curb repeated, unmeritorious oral applications being made to the courts.

http://www.timesonline.co.uk/newspaper/0,,123-640929,00.html

Charity to sue Blunkett over rights of detained refugee children

On 18 May 2003, Save the Children announced that it was planning a legal challenge against the Government for barring children of asylum-seekers locked in detention centres from attending mainstream schools.

The children's charity is accusing David Blunkett, the Home Secretary, of denying children the intellectual, social and cultural benefits of being schooled in the community by tutoring them in immigration centres.

It has already consulted lawyers about bringing a case through the courts concerning the education of children held in Dungavel detention centre in Scotland.

It is thought that more than 50 children are locked up by the immigration service at any one time, including children detained with their families and unaccompanied minors, at Dungavel, at Oakington, a fast-track removal centre in Cambridgeshire, and at Harmondsworth near Heathrow.

The Refugee Children's Consortium, which includes Save the Children, is demanding that Mr Blunkett, ends detention for the children of asylum-seekers, who, it says, are treated like criminals. There is no legal limit for the amount of time that the immigration service can hold children.

In October 2001 the Government tightened immigration laws to allow the detention of families with children, whom it views as presenting an absconding risk, under the same rules as other asylum-seekers.

http://news.independent.co.uk/uk/this_britain/story.jsp?story=407204

Afghans win Hijack Appeal

Nine men found guilty of hijacking a plane, false imprisonment, possessing firearms with intent to cause fear of violence and possessing explosives in December 2001, won their appeal before the Court of Appeal.

A plane had been diverted during an internal flight in Afghanistan in February 2000, with 165 passengers on board. The plane landed in Moscow airport and flew to Stansted airport where passengers were detained three days on the tarmac.

The applicants argued they were escaping Taliban persecutions but were sentenced to 5 year’s imprisonment.

Richard Ferguson who represents two of the applicants, The Safis brothers, submit they acted under the duress.

The original trial had not been convinced by the argument. Although the applicants acted under fears of death they did not release passengers who disagreed with their intention to land in Britain, which altered the nature of their action. However, the Court of Appeal ruled they should be released.

Part of the applicants has been released already and the Safis will be release imminently said the Court.

http://news.bbc.co.uk/1/hi/uk/3051259.stm

Asylum-seeker given leave to appeal against tribunal ruling

On 6 April 2003, a Cameroonian woman who was refused asylum by the Home Office was given the right to appeal her case to the Immigration Appeal Tribunal. Françoise Motoum-Kamga, 30, is an asylum seeker from Cameroon. She is a qualified nurse who was abducted, beaten, raped repeatedly and tortured by prison guards in Cameroon in 2000. She applied for asylum in the UK and had her application rejected by the Home Office and was told that she had to return to West Africa.

The case last month was an application to the High Court for leave to seek a judicial review of her case. The Judge granted her leave to apply for a judicial review after the Home Office’s representative admitted that he believed Ms Motoum-Kamga’s account of what had happened to her in prison. Following that, however, the Home Office has agreed to allow the case to go back to an Immigration Appeal Tribunal, which will look again at whether the decision of the adjudicator who first heard Ms Motoum-Kamga’s application for asylum was “safe” in law.

Ms Motoum-Kamga is convinced that she will not survive if she is sent back. She argued that if she goes back her attackers would finally succeed in killing her. The refusal to grant her asylum, or even leave to appeal against the decision, appalled senior clinicians who have been treating her at the Medical Foundation for the Victims of Torture in Kentish Town.

http://www.hamhigh.co.uk/archived/2003/0502/news/asp/p16news1.asp

Cost of appeal by refugees angers Lord Chief Justice

Lord Woolf, the Lord Chief Justice who led a hearing in the Court of Appeal, on 23 June 2003, made a remark on the cost of the case brought by a family of Lithuanian refugees.

Before leaving the former Soviet Union, the family lived in a large house with a garden. When they arrived in Britain, they were offered a house on two floors without garden. The mother, an elderly person could not go upstairs and had to live in another place, unable to fill her family’s role.

The family complained that the accommodation they were provided by the local authority, violated their right to respect for their private and family life and their human rights. Mr Justice Newman ruled the case was without foundation. The family appealed against this decision under Art 8 of the Convention.

According to Lord Woolf it seems the cost of the case was out of proportionality relating to its importance.

http://www.dailytelegraph.co.uk/news/main.jhtml?xml=/news/2003/06/24/nwolf24.xml

Home Office abused its power on asylum

Miss Nadezda Anufrijeva a national Lithuanian of Russian origin applied for Refugee Status in September 1998. The home office rejected her application 14 months later, but did not notify the decision. Soon afterwards, her income support was cut off and that was how she found out about the Home Office decision. Four months later, Ms Anufrijeva received the denial decision.

On 26 June 2003, a senior judge declared the Home Office abused his power when omitting the duty to inform asylum seekers of a decision which constitutes a violation of a public law duty.

In this case, income support of Nadezda Anufrijeva should have not been removed before she being notified of the Home Office’s decision.

Her appeal was allowed by a majority of four to one.

ukraine

50% more irregular migrants intercepted in the first trimester

On the 17^th of April the Ukraininan authorities reported that a total of 1,502 ‘illegal migrants’ were intercepted, in the first trimester of this year, about 50% more that in the same period last year. Chinese were top of the list with 395 persons.

Migrants are detained upon arrival

The International Organization for Migration has reported that Ukraine has 6.9 million migrants staying within its borders, putting it in the top 10 of the world's host countries for migrants. With the epidemic of severe acute respiratory syndrome (SARS), Ukrainian border guards detained 17 illegal Chinese immigrants near the border with Belarus in April and by May had nearly 700 illegal immigrants, mostly Chinese, under quarantine. None of the detainees were found to be suffering from SARS. About 5,000 migrants, mainly from China, India, and Pakistan, were arrested in Ukraine last year. Western Ukraine has seen a doubling of illegal migrants, mainly from China, and reported 609 migrants, of whom 225 were Chinese, detained in the Transcarpathia region in the last year. The Ukraine Red Cross Society has taken the lead in caring for these people who are facing up to three months' detention in conditions described as "extremely poor," and has made urgent pleas for medical supplies, disinfectants, food, and bed sheets since they have had trouble coping with the influx.

ECRE material

ECRE Press Release, 20 June

ECRE issued a press release on 20 June, right after the European Council adopted its conclusions. ECRE welcomed the conclusions inviting the Commission to examine ways to enhance the protection capacity of regions of origin. ECRE noted that some Member States plan to explore ‘ways of providing better protection for the refugees in their region of origin.’ ECRE still fears that this could include returning asylum seekers, arriving in Europe, to such regions. ECRE would reject such approach, as it would be against the principle of responsibility sharing and would define refugee protection as a ‘burden’ for the South. ECRE welcomes the expressed commitment to develop a wide-ranging policy on the integration of legally residing third country nationals, who should be granted rights comparable to those of EU citizens.

Comments on Commission’s Communication “Towards a more accessible, equitable and managed international protection regime”

On the 18^th of June ECRE released its comments on the Communication from the Commission to the Council and the European Parliament “Towards a more accessible, equitable and managed international protection regime”.

The comments were supportive of a number of the Commission’s proposals. The ten basic premises which the Commission suggested should underpin any new approaches to the international protection regime were welcomed, in particular the development of a genuine burden-sharing system within the EU and with host third countries, and the statement that any future approach should respect and co-operate with the legal obligations of Member States, Common European Asylum System and UNHCR’s Agenda for Protection. ECRE is also in principle in favour of proposals that alleviate the impact of immigration control measures on refugees by enabling them to travel legally to the EU to access protection and durable solutions, and of the Commission's proposal to intensify its work on “frontloading” through further study of the question of the single asylum procedure.

Notwithstanding, ECRE pointed out a number of concerns it had with the Communication's proposals in relation to “setting up a complementary mechanism for examining certain categories of applications lodged in or at the border of the EU”. ECRE considers such a mechanism to be unnecessary and a diversion from the Commission's purported aim to improve national asylum procedures and establish a single asylum procedure. It also considers the proposal for “closed processing centres” at particular locations to be legally and practically questionable risking seriously compromising Member States’ obligations under refugee and international human rights law.

Summary Comments on the Amended Proposal for the Asylum Procedures Directive

On the 28^th of April, ECRE published its summary comments on the Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (Asylum Procedures Directive).

ECRE recognised that the Proposal has undergone considerable modifications, appreciating that some of ECRE's previous comments were reflected in the amended document and welcoming the incorporation of new positive elements such as the applicability of the investigative standards in Article 16 to all procedures and the principle of a right to appeal before a court of law in Article 38 of the Proposal. However ECRE noted that “these improvements cannot hide the fact that the Proposal lowers some general basic standards and safeguards and allows for a low level of harmonisation through extensive use of Member States' discretion”.

ECRE's main concerns regarding the Proposal can be summarised as follows:

· Access for all asylum applicants to the procedure is not sufficiently guaranteed;

· The right of asylum applicants to a personal interview, if need be with the services of a qualified interpreter, is conditional;

· There is no right to free legal assistance during all stages of the procedures, thereby severely compromising the procedural safeguards set in the Proposal;

· Member States are given too much discretion concerning the detention of asylum applicants, risking a breach of Article 5 of the ECHR or other relevant international legal provisions;

· The scope of accelerated procedures is largely expanded, resulting in the majority of asylum applicants being channelled through speedy procedures with only limited safeguards;

· Member States are allowed to further reduce procedural guarantees by introducing special procedures for subsequent and border applications;

· There is no guaranteed right to suspensive appeal.

ECRE statement to JHA council 5-6 June on EU Asylum Policies at the end of the Greek Presidency, 4 June

ECRE noted that the JHA Council 5-6 June intended to agree on a number of key instruments for the development of the Common European Asylum System. ECRE has followed negotiations by the Council on these proposals and is concerned that some of the provisions that may be agreed may fall short of international refugee and human rights standards. ECRE called on the JHA Council to agree on protection standards ensuring that they are not only formally, but most importantly, effectively respectful of international obligations towards refugees and other persons in need of international protection. Without such agreement, Member States will lose credibility in their repeatedly expressed commitment to support, promote and protect human rights within its borders and in the world.

Full statement available here: http://www.ecre.org/statements/jha0506.shtml

ECRE statement urging the Justice and Home Affairs Council at its meeting on 8 May to include refugees in the scope of the long-term residence directive, 7 May

ECRE strongly urged the JHA Council meeting 8 May not to exclude refugees from the scope of the draft Directive concerning the status of third-country national who are long-term residents. Since one aim of the Draft Directive is to address the Tampere Summit call to grant third country nationals rights and obligations comparable to those of EU citizens, ECRE argues that it is important that refugees - a significant and often visible group of third-country nationals - be included in this key instrument.

Full statement available here: http://www.ecre.org/press/ltrmay03.shtml

The Asylum and Access Challenge, EU Immigration and Asylum Committee - Statement by Peer Baneke, ECRE General Secretary, 7 April

ECRE General Secretary Peer Baneke noted that: "The number of asylum seekers to the EU as a whole has been more or less stable over the last three years. The large fluctuations of the number of asylum seekers relate to different states within the EU. These are EU problems, for which the EU should take responsibility. I would rather encourage a much improved and intensified sharing of responsibility for the reception, status determination and return of rejected asylum seekers. We should not dump the responsibility elsewhere - out of sight out of mind.

Full statement available here: http://www.ecre.org/speeches/asylumaccess.shtml

New section added to the website

A section entitled ‘debates on the future of refugee protection’ section has been added to the ‘EU developments’ part of ECRE website.

It contains various ECRE contributions to the debate, including a Joint NGO letter to Prime Minister Tony Blair on World Refugee Day urging him to maintain UK’s commitment to protecting refugees, ECRE’s press releases for the European Council meeting on the 19-20 of June and the JHA Council on the 5-6 of June and ‘Responding to the Asylum and Access Challenge: An Agenda for Comprehensive Engagement in Protracted Refugee Situations’ the report published in April 2003 by ECRE and USCR.

It also contains various EU and Member States documents, and other publications on the subject.

French translation of the updated Position on the Integration of Refugees

The French translation of ECRE’s updated Position on the Integration of Refugees is now available from:

http://www.ecre.org/policy/position_papers.shtml

Updated chapters of the legal and social conditions for asylum seekers in Europe

ECRE has released updated chapters on UK, France, Ireland and Greece available at http://www.ecre.org/policy/publications.shtml

SUMMARY OF PROGRESS IN EU ASYLUM AGENDA

1. - Qualifications Directive: Agreement on this Directive is currently blocked by Germany, who still maintains 9 reservations to the text agreed by the other Member States. The Sevilla European Council had given a deadline for adoption of June 2003, but this has been expanded until the end of the year by the Thessaloniki European Council on 19-20 June. Negotiations will continue under the Italian Presidency with an aim to closing the dossier by the end of 2003. However, the Presidency doesn’t have this agreement among its pressing priorities, so it seems that it will just wait for Germany to lift its reservations. Progress at national level is not expected to happen before the September elections in Bavaria next September.

2. - Asylum Procedures Directive: Following the indications by the European Council on 20 June that this outstanding legislation be adopted before the end of 2003, the Italian Presidency would like to obtain political agreement on this instrument at the JHA Council on 27-28 November 2003. At the June JHA Council, agreement was found on the first 2 chapters (with some exceptions linked to provisions on the 2^nd part of the proposal). The Commission is likely to address the UNHCR proposal for accelerated processing of certain applications in “closed camps” within the enlarged EU and the Thessaloniki conclusion 27 on this subject through the Procedures Directive. Discussions on a legally binding list of “safe countries of origin” are expected to take place. Discussions on the “safe third country” concept, including an EU list, may also take place in the context of this Directive.

3. - Long Term Residence Directive: The Council reached political agreement on the Directive at the JHA Council 5-6 June. The 8 May JHA Council meeting excluded refugees from the scope of the directive. The text was reviewed by the Council’s jurist/linguists on the 24^th June and pending the lifting of parliamentary reservations, the Directive will be adopted at a forthcoming Council meeting. The Directive aims at defining a legislative framework for the long-term residents (EC long-term residents status). More specifically, the first part of the Directive (Chapters I and II) concerns the terms for granting and withdrawing EC long-term resident status, whereas the second part of the Directive deals with the terms of residence in another Member State.

4.- Family Reunification Directive: Following political agreement in February, and a report of the European Parliament in April, the General Affairs Council is expected to adopt this Directive formally at its meeting of 22 July, after which, publication in the Official Journal will follow, leading to its entry into force and the opening of the transposition period where Member States will have to enact/amend legislation at national level in order to ensure compliance with the provisions of the Directive.

PRESIDENCIES OF THE EU

The Italian Presidency

As of 1 July 2003, Italy has taken over the Presidency of the EU until the end of the year. Asylum issues are not the priority of the Presidency, within the field of JHA. The priorities of the Presidency focus on developing work on the fight against illegal immigration. Nevertheless, they wish to obtain political agreement on the Asylum Procedures Directive at the JHA Council in November. They would also like to initiate discussions on processing of asylum claims in the region of origin.

For events and activities, you can check the Presidency website at: http://www.euitaly2003.it/EN/ The Presidency priorities in the field of JHA can be found at: http://www.euitaly2003.it/EN/Temi/giustiziaAffariInterni/PrioritaPresidenza.htm.

The Presidency provisional agenda for Council meetings, including JHA Councils, is available at http://register.consilium.eu.int/pdf/en/03/st10/st10874en03.pdf

The Greek Presidency

Greek Prime Minister Costas Simitis, outgoing President of the European Council, made a brief presentation in Strasbourg, 1 July, to the European Parliament on the results of the six months of Greek Presidency. In relation to immigration policy, Mr Simitis stated that progress had been made at Thessaloniki, but stressed the magnitude of the task that lies ahead of the EU: the problem of illegal immigration can only be resolved at European level, he warned, referring to the recent waves of so called ‘clandestines’ arriving on Italian shores. On relations with African countries, he issued a further warning: the EU cannot continue to co-operate with countries that remain indifferent to certain obligations, and continue to help them.

JHA Council 5-6 June

Long-term residents

The Council reached political agreement on the draft Directive concerning the status of third-country nationals who are long-term residents.

Qualifications Directive

The Council instructed Committee of Permanent Representatives (COREPER) to further examine the Qualifications directive with a view to reaching an agreement as soon as possible.

Asylum Procedures Directive

The Council reached agreement on the first 2 Chapters of the Directive, in particular those concerning the detention of asylum seekers and the procedure to be followed in case of implicit withdrawal or abandonment of an application for asylum.

Conclusions on development of a common policy on illegal immigration, external borders and the return of illegal immigrants in cooperation with third countries

The Council discussed draft Conclusions on the development of a common policy on illegal immigration, external borders, the return of illegal migrants and cooperation with third countries. The debate mainly focused on the question of the financing of a common policy on return of illegally residing persons and on the Community financial resources and burden sharing mechanisms. Following the discussion, the Council instructed COREPER to finalise the outstanding questions of the conclusions, with a view to submitting them to the European Council in Thessaloniki.

Safe countries of origin list

France, the United Kingdom, Germany, Spain and Italy, followed by a number of other Member States, adopted a statement at the JHA Council 5-6 June, in which they declared themselves in favour of the adoption of a list of “safe countries of origin”. Asylum applications entered by nationals of these countries would be judged "manifestly unfounded", and subjected to accelerated examination. These countries asked the Commission to propose a list, to be included in the proposed directive on the procedure for examining asylum applications, during the discussion at Council.

Thessaloniki European Council 20-21 June

The European Council reached the following conclusions in the areas of management of external borders, the return of illegal migrants, Partnership with third countries, cooperation with third countries, Asylum and Integration and the Convention on the Future of Europe.

Management of external borders

The European Council stressed the importance of assuring the continuity and coherence of Community action in this field by setting out priorities and determining a more structured framework and methods. The Council also invited the Commission to examine the necessity of creating new institutional mechanisms in order to enhance operational cooperation for the management of external borders. The European Council emphasised the need for acceleration of works on adopting the appropriate legal instrument formally establishing the Immigration Liaison Officers (ILO) network in third countries, at the earliest possible date and before the end of 2003.

Return of illegal migrants

The Council concluded that although the implementation of a common policy on return of illegally residing persons is the responsibility of Member States, greater efficiency can be achieved by reinforcing existing cooperation and setting up mechanisms, including a financial component. The Council therefore invited the Commission to examine all aspects relating to the establishment of a separate Community instrument in order to support, in particular, the priorities as set out in the Return Action Programme approved by the Council, and to report back to it by the end of 2003.

Partnership with third countries

The Council recognised the importance of developing an evaluation mechanism to monitor relations with third countries who do not cooperate with the EU in combating illegal immigration. In developing the above evaluation, the Council will make use of the information to be provided by the ILO network for any of the above topics that fall under their competencies, and through intensified and more efficient consular cooperation between Member States in third countries.

Asylum

The Council reiterated its determination to establish a Common European Asylum System, as called for at its October 1999 meeting in Tampere and clarified in June 2002 in Seville. In this context, it is vital that the Council ensures the adoption, before the end of 2003, of the outstanding basic legislation, that is 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 and the proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status. The European Council reaffirmed the importance of establishing a more efficient asylum system within the EU to identify quickly all persons in need of protection, in the context of broader migration movements. The Council also took note of the Communication from the Commission, which focuses on more accessible, equitable and managed asylum systems, and invited the Commission to explore all parameters in order to ensure more orderly and managed entry in the EU of persons in need of international protection, and to examine ways and means to enhance the protection capacity of regions of origin.

UNHCR and Member states plan to cooperate in providing better protection in regions of origin

The Council noted that a number of Member States plan to explore ways of providing better protection for the refugees in their region of origin, in conjunction with the UNHCR. This work shall be carried out in full partnership with the countries concerned on the basis of recommendations from the UNHCR. The European Council invited the Council and the Commission to examine, before the end of 2003, the possibilities to further reinforce the asylum procedures in order to make them more efficient with a view to accelerating, as much as possible, the processing of non-international protection-related applications.

The development of a policy at European Union level on the integration of third country nationals legally residing in the territory of the European Union

The European Council deems necessary the elaboration of a comprehensive and multidimensional policy on the integration of legally residing third country nationals who, according to and in order to implement the conclusions of the European Council of Tampere, should be granted rights and obligations comparable to those of EU citizens. The European Council welcomed the fact that agreement has been reached on the Directives on family reunification and long-term resident status.

Council Conclusions on the Convention on the Future of Europe

The European Council welcomed parts I and II of the Draft Constitutional Treaty. The European Council considered that the presentation of the Draft Constitutional Treaty, as it had received it, marks the completion of the Convention's tasks as set out at Laeken and, accordingly, the end of its work. The European Council decided that the text of the Draft Constitutional Treaty is a good basis for starting in the Intergovernmental Conference.

Conclusions available in full here:

http://ue.eu.int/newsroom/makeFrame.asp?MAX=&BID=76&DID=76279&LANG=1&File=/pressData/en/ec/76279.pdf&Picture=0

EUROPEAN COMMISSION

Commission publishes bi-annual scoreboard on Freedom Security and Justice, 22/05/2003

The Commission published 22 May the bi-annual update of the scoreboard to review progress on the creation of an area of “Freedom, Security and Justice” in the European Union. The scoreboard sets out the objectives and deadlines set out at the Tampere summit of 1999 and the responsibilities assigned in each case to launch, advance and complete the process. The scoreboard includes details of the proposal for refugee fund 2005-2009, readmission agreements, Commission communications on external asylum applications and immigration, integration and employment.

Scoreboard in full here:

http://europa.eu.int/eur-lex/en/com/cnc/2003/com2003_0291en01.pdf

Commission Communication towards a more accessible, equitable and managed asylum systems 3/06/2003

The European Commission adopted 3 June a communication in response to the invitation of the Spring European Council to explore further the UK’s proposals on new approaches to international refugee protection. The communication includes an analysis of the UK paper and sets out the basic premises of any new approach to the international protection regime. Full text of the communication at:

http://europa.eu.int/eur-lex/en/com/cnc/2003/com2003_0315en01.pdf

Commission Communication on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents 3/06/2003

The Commission adopted a communication 3 June on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. Full text of the communication available here: http://europa.eu.int/eur-lex/en/com/cnc/2003/com2003_0323en01.pdf

Commission communication on immigration, integration and employment 3/06/2003

In its communication on "Immigration, Integration and Employment", adopted 3 June, the Commission highlighted the importance of integrating immigrants and called for greater coordination of European and national polices on this subject. In July, it will launch a EUR 12 million programme over three years for integration of pilot projects. Full text of the communication at:

http://europa.eu.int/eur-lex/en/com/cnc/2003/com2003_0336en01.pdf

EUROPEAN PARLIAMENT

Parliament adopts Terron i cusi' report, stressing global and balanced vision of managing migratory flows

Spanish Socialist Anna Terron i cusi' welcomed, 19 June, the adoption in plenary of her report on the European Commission's communications on the open method of co-ordination in the Community policy on immigration, and including migration-related issues in the EU's relations with third countries. Ms Terron urged the Council to “maintain a global and integrated vision of the management of migratory flows, as defined in Tampere". Read the report in full here: http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//NONSGML+REPORT+A5-2003-0224+0+DOC+PDF+V0//EN&L=EN&LEVEL=2&NAV=S&LSTDOC=Y

Parliament adopts report on Austrian initiative of safe third countries

Olle Schmidt’s (ELDR - Sweden) report on the Austrian initiative establishing the criteria for judging safe third countries was adopted 13 June. The report, which rejects the Austrian initiative, states that in reality only Switzerland would be applicable according to the Austrian criteria and that the initiative contains no proper review procedure for adding or removing countries from the list.

Read the report in full here:

http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//NONSGML+REPORT+A5-2003-0210+0+DOC+PDF+V0//EN&L=EN&LEVEL=2&NAV=S&LSTDOC=Y

EUROPEAN CONVENTION FOR THE FUTURE OF EUROPE

General Developments

The European Convention presented Parts I and II of the draft Constitution to the European Council meeting in Thessaloniki on the 19-20 June. The European Council praised the work of the Convention and thanked the participants. The European Council further allowed the Convention to finalise some technical work on Part III of the Constitution, dealing with the Union’s policies, including provisions on migration and asylum. The first plenary was held on the 4th of July, where members of the Convention elaborated on the rationale behind their proposals for amendments to the text. The Prasesidium will then re-draft the text with a view to discussions on the 9th and 10th of July. Part III will then be submitted to the Italian Presidency.

The IGC, that will debate the draft constitutional treaty is scheduled to start in October 200. The European Council meeting in Thessaloniki called for the IGC to complete its work before the June 2004 elections of the European Parliament. Accessing states will participate fully in the IGC on an equal footing with the Member States.

Parts I and II of the draft Treaty establishing a Constitution for Europe as presented to the European Council meeting in Thessaloniki on 20-21 June:

http://european-convention.eu.int/docs/Treaty/cv00820.en03.pdf

Asylum and Migration Provisions

Part III of the draft Constitution includes provisions on asylum and migration. The four relevant articles are Art, 161, 162, 163 164.

The main changes in relation to current Title IV of the Treaty establishing the European Community concern the use of the terms "common" and "uniform". This new terminology gives legal basis to the Union to advance further in the development of the Common European Asylum System, moving away from "minimum standards". Specific language is now included in relation to subsidiary protection. A new provision has also been introduced (at the initiative of the UK representative to the Convention) in Art. III-162 (2)(g), which calls for partnership and cooperation with third countries with a view to managing inflows of asylum-seekers, to be a part of the Common European Asylum system.

Draft text of the Draft Constitutional Treaty Part III (as of 13 June), including the provisions on asylum and migration (pages 95-97):

http://european-convention.eu.int/docs/Treaty/cv00802.en03.pdf

EU Enlargement

Referenda in the Accession Countries

Cyprus

Following the collapse of the reunification talks the referendum on accession will not take place at all.

Czech Republic

The result of the referendum on the 13-14^th of June was:

Yes: 77.33%

No: 22.67%

Turnout: 55.21%

Estonia

The referendum date has been set as the 14^th of September. The result will be non-binding.

Hungary

The result of the referendum on the 12^thof April was:

Yes: 83.69%

No: 16.31%

The result is non-binding and now the final decision on the accession will be taken by Parliament on the 14 April.

Latvia

The referendum date has been set as the 20^th of September. The result will be legally binding. The referendum will be valid if at least 50 per cent of the citizens that participated in the last general elections take part.

Lithuania

The result of the referendum on the 10-11^th of May was:

Yes: 89.95%

No: 8.82%

Turnout: 63.37%

Malta

The result of the referendum on the 8^th of March was:

Yes: 53.6%

No: 46.4%

Turnout: 91%

The accession was in doubt, after the result of the referendum was disputed by the Labour Party but following the victory of the pro-EU Nationalist Party in the General Election on the 12^th of April Malta is now certain to accede.

Poland

The result of the referendum on the 7-8th of June was:

Yes: 77.45%

No: 22.55%

Turnout: 58.85%

Slovakia

The result of the referendum on the 16-17^th of May was:

Yes: 92.4%

No: 6.2%

Turnout: 52.1%.

Slovenia

The result from the referendum on the 23^rd March was:

Yes: 89.61%

No: 10.39%

Russia and Lithuania strike a deal on Kaliningrad

A solution on the technical details of the problem of transit between Kaliningrad region and mainland Russia across the territory of Lithuania was finally achieved on the 24^th of April during negotiations between Vilnius and Moscow.

The EU is now looking closely at the practical aspects of the deal. The special transit rules for Russian citizens should be introduced by Lithuania in July 2003. Vilnius hopes to join the Schengen area together with other acceding countries, but this is not likely to take place before 2007.

Russian citizens travelling to or from Kaliningrad by train will be able to buy tickets in a booking office a minimum of 24 hours before departure. Passengers will fill in a questionnaire and receive transit documents on the train. The document should be easily accessible for Russians travelling frequently to and from Kaliningrad, at the price of five euro and valid for three years.

Duma ratifies border treaties with Lithuania

By a vote of 268 to 138, Duma deputies on 21 May ratified treaties with Lithuania on the delineation of borders between the two countries, including the division of the Baltic Sea shelf. The treaties form part of the agreement reached in November by Russia, Lithuania, and the European Union on transit between the Kaliningrad region and the rest of Russia in the run-up to Lithuania's entry into the EU. The treaties formally bestow the status of an international border on the administrative border that separated the Russian and Lithuanian republics during the Soviet period. Deputy Foreign Minister Vladimir Chizhov said that the treaties include some exchanges of territory but the overall area of the Russian Federation, Lithuania, and Kaliningrad Oblast remain unchanged.

Latvia may enlist the help of the EU to pressure Russia over border pact

President Vaira Vike-Freiberga told parliamentary deputies from the People's Party at a meeting on 11 June that Latvia might ask the EU not to begin talks with Russia on visa-free travel before Moscow ratifies a border agreement with Latvia. She noted that Russia had ratified the border treaty with Lithuania only because it was a condition of an agreement with the EU needed to obtain simplified visa procedures for its citizens travelling via Lithuania to and from Kaliningrad Oblast. Vike-Freiberga said that Russia had responded to numerous Latvian goodwill offers to improve relations by “producing a whole list of conditions precedent to opening any talks with Latvia.” She mentioned that during recent conversations with President Vladimir Putin and Prime Minister Mikhail Kasyanov in St. Petersburg, she reiterated Latvia's willingness to develop bilateral cooperation, but said that “for a dialogue to happen, both parties must be willing to talk.”

Report on EU enlargement does not support fears of mass migration to the UK

Concern that the eastward expansion of the EU next year will bring a new wave of immigrants to Britain is likely to prove unfounded, according to official research. The UK Home Office commissioned study published on the 5^th of June estimates that between 5,000 and 13,000 a year are likely to come from the 10 new members in the next seven years. The report is available from:

http://www.homeoffice.gov.uk/rds/pdfs2/rdsolr2503.pdf