ECRE DOCUMENTATION SERVICE
Policy developments........................................................................................................................................................................................ 5
UNHCR............................................................................................................................................................................................................................. 5
High Commissioner proposes new
approaches on asylum-migration issues in EU...................................................................... 5
UNHCR urges states to grant
temporary protection to Iraqis................................................................................................................ 5
UNHCR Publications:............................................................................................................................................................................................ 5
Applications
lodged in Europe, N America, Australia, New Zealand and Japan. 2002........................................ 5
COUNCIL OF EUROPE............................................................................................................................................................................................ 6
Serbia and Montenegro becomes
Council of Europe's 45th member state....................................................................................... 6
Council of Europe Conference on
"Future Prospects of Migration in the Mediterranean"....................................................... 6
Council of Europe Human Rights
Commissioner voices concerns regarding Roma/Gypsy communities............................ 6
Report on the common policy on
migration and asylum.......................................................................................................................... 6
Report on Chechnya and Ingushetia................................................................................................................................................................ 7
Council of Europe publications.......................................................................................................................................................................... 7
OSCE................................................................................................................................................................................................................................. 7
Appointment of the new director of
ODIHR.................................................................................................................................................. 7
Roma and Sinti meeting........................................................................................................................................................................................ 7
Report on Minorities in Kosovo......................................................................................................................................................................... 7
ECRE’s Policy and Advocacy
Publications............................................................................................................................................. 7
ECRE/USCR Study on Responding to
the Asylum Access Challenge: An Agenda for Comprehensive Engagement in
Protracted Refugee Situations............................................................................................................................................. 7
Statement on the Iraq Crisis: The
Need for Access to Protection........................................................................................................ 7
Guidelines for the treatment of
Afghan asylum seekers and refugees in Europe............................................................................ 7
Updated position on the integration
of refugees in Europe..................................................................................................................... 8
Good Practice Guides............................................................................................................................................................................................ 8
Legal and Social conditions for
Asylum Seekers and Refugees in Western Europe....................................................................... 8
Legal Developments.......................................................................................................................................................................................... 9
UNITED NATIONS COMMITTEE AGAINST
TORTURE...................................................................................................................... 9
Canada......................................................................................................................................................................................................................... 9
COUNCIL OF EUROPE............................................................................................................................................................................................ 9
European Committee for the
Prevention of Torture and Inhumane and Degrading Treatment or Punishment (CPT)................................................................................................................................................................................................... 9
CPT Reports: Germany....................................................................................................................................................................................... 10
Luxembourg.......................................................................................................................................................................................................... 10
Macedonia............................................................................................................................................................................................................. 10
Moldova................................................................................................................................................................................................................. 10
Romania................................................................................................................................................................................................................. 11
Russia..................................................................................................................................................................................................................... 11
Spain....................................................................................................................................................................................................................... 11
Sweden................................................................................................................................................................................................................... 11
Turkey: visit to Abdullah Ocalan...................................................................................................................................................................... 11
United Kingdom: Suspected
international terrorists detained in the UK.................................................................................................. 12
European Court of Human Rights............................................................................................................................................................... 12
Expulsion of a 16-year old Bosnian
is a violation of Article 8 [Jakupovic v. Austria (Appl.No. 36757/97)]................................................................................................................................................................................................................ 12
Iranian Case declared admissible
under Article 2, 3 ECHR and Article 1 Protocol No. 6 [Razaghi v. Sweden (Appl.
No. 64599/01)]......................................................................................................................................................................... 13
National Developments............................................................................................................................................................................. 15
Belarus......................................................................................................................................................................................................................... 15
Belgium......................................................................................................................................................................................................................... 15
New Employment Laws allows refugees
to obtain employment........................................................................................................... 15
Policemen to be tried for the death
of rejected Nigerian asylum seeker......................................................................................... 16
Senate approves Temporary
Protection for refugees.............................................................................................................................. 16
Human Traffickers jailed for
killing 8 Asylum Seekers.......................................................................................................................... 16
bosnia............................................................................................................................................................................................................................. 16
OSCE Mission calls for an end to
bussing of children to mono-ethnic schools............................................................................ 16
Returns to Bosnia near 1 million..................................................................................................................................................................... 16
Bosnia adopts draft agreement on
borders with Croatia...................................................................................................................... 17
IWPR reports on the social
exclusion of Roma.......................................................................................................................................... 17
Bulgaria...................................................................................................................................................................................................................... 17
Bulgarian Helsinki Committee warns
of deteriorating human rights situation............................................................................ 17
Czech Republic......................................................................................................................................................................................................... 17
Roma immigration increases to Czech
Republic....................................................................................................................................... 17
Fall in numbers of asylum seekers
in 2002.................................................................................................................................................. 18
Denmark....................................................................................................................................................................................................................... 18
Concerns over
‘voluntary’ returns to Kosovo............................................................................................................................................. 18
Following the conclusion of an
agreement Denmark begins returning refugees to Serbia-Montenegro........................... 18
Finland......................................................................................................................................................................................................................... 18
Government urged to encourage more
immigration of skilled labour to sustain growth.......................................................... 18
One hundred Bulgarian
asylum-seekers flown home.............................................................................................................................. 19
Finland prepares to receive
hundreds of refugees from Iraq................................................................................................................ 19
france............................................................................................................................................................................................................................ 19
Human rights activists protest
decision to expel African immigrants............................................................................................... 19
Racist violence more than
quadruples in France in 2002...................................................................................................................... 20
Fingerprinting required for tourist
visas..................................................................................................................................................... 20
Longer period of detention proposed............................................................................................................................................................. 20
Georgia......................................................................................................................................................................................................................... 20
Azerbaijanis complain of
discrimination and harassment.................................................................................................................... 20
germany........................................................................................................................................................................................................................ 21
Joint border patrols on the
German-Czech border.................................................................................................................................. 21
Second run for Germany’s
Immigration Bill............................................................................................................................................... 21
Greece............................................................................................................................................................................................................................ 21
Greek Court sentences lorry driver
to 11 years-jail sentence for carrying 19 Iraqi asylum seekers.................................. 21
Detention of minor seeking asylum
for illegal entry................................................................................................................................ 22
Ireland.......................................................................................................................................................................................................................... 22
Steady rise in Ghanaians seeking
asylum..................................................................................................................................................... 22
Fingerprint checks yield five
matches in the first six weeks................................................................................................................. 22
Refusal to accept further
applications for residency from non-EU immigrant parents of Irish-born children...................................................................................................................................................................................................................... 22
Deportations rise to nearly two a
day........................................................................................................................................................... 23
Call for an Independent Body to
monitor and investigate race-related incidents....................................................................... 23
Ireland opens door to EU accession
state workers................................................................................................................................... 23
The Minister for Justice rejects
criticism by UN of the Immigration Bill........................................................................................ 24
macedonia................................................................................................................................................................................................................... 24
Roma refugees from Kosovo refuse to
leave............................................................................................................................................... 24
Displaced Macedonians fear recent
arson attacks signal campaign to deter returns to ethnic Albanian areas........................................................................................................................................................................................................................... 24
Moldova...................................................................................................................................................................................................................... 25
netherlands............................................................................................................................................................................................................... 25
Human Rights Watch criticises Dutch
asylum policy.............................................................................................................................. 25
Closure of asylum centre blocked by
Court................................................................................................................................................. 25
norway.......................................................................................................................................................................................................................... 25
Speeding up decisions on asylum
applicants through ‘sorting’.......................................................................................................... 25
Tougher conditions for asylum
seekers......................................................................................................................................................... 25
Iraqi refugees warned against
returning home......................................................................................................................................... 26
POLAND....................................................................................................................................................................................................................... 26
New Refugee Organization Formed............................................................................................................................................................... 26
portugal...................................................................................................................................................................................................................... 26
New Immigration Law comes into
force....................................................................................................................................................... 26
romania......................................................................................................................................................................................................................... 27
Number of political asylum seekers
drops in the last two years.......................................................................................................... 27
russia.............................................................................................................................................................................................................................. 27
The President consolidates the
security agencies..................................................................................................................................... 27
Migration Service works to control
the influx of foreigners................................................................................................................. 27
Migration cards introduced............................................................................................................................................................................... 27
Tougher rules for visas........................................................................................................................................................................................ 28
Total number of refugees at above
half a million...................................................................................................................................... 28
Southern Russia’s migrants
face deportation............................................................................................................................................. 28
Kabardino-Balkaria clamps down on
refugees......................................................................................................................................... 28
PACE.......................................................................................................................................................................................................................... 29
Controversial referendum in
Chechnya........................................................................................................................................................ 29
Ingushetia struggles with refugee
burden.................................................................................................................................................... 30
Refugees afraid to return to
Chechnya from Ingushetia......................................................................................................................... 30
More problems identified over
Kaliningrad................................................................................................................................................ 30
serbia.............................................................................................................................................................................................................................. 30
Thousands of displaced Serbs are
struggling to survive........................................................................................................................ 30
slovakia....................................................................................................................................................................................................................... 31
Modernising border controls............................................................................................................................................................................ 31
Almost 83% of asylum seekers
‘disappeared’ last year......................................................................................................................... 31
sweden........................................................................................................................................................................................................................... 31
9,000 Bosnian refugees to be sent
home....................................................................................................................................................... 31
Amnesty International criticises
Swedish decision to freeze Iraqi asylum cases.......................................................................... 31
switzerland............................................................................................................................................................................................................... 31
Another proposal to limit
immigration.......................................................................................................................................................... 31
Switzerland-Senegal repatriation
agreement thrown out by the Senegal Parliament................................................................ 32
united kingdom........................................................................................................................................................................................................ 32
Series of new Immigration,
Citizenship and Asylum measures come into force in March and April 2003............................................................................................................................................................................................................................ 32
Tighter Citizenship laws enter into
force..................................................................................................................................................... 32
Court of Appeal rejects the Home
Office’s appeal on Section 55 of the Nationality and Immigration Asylum
Act 2002.................................................................................................................................................................................................... 32
Further limits to rural
accommodation centres......................................................................................................................................... 33
“Highly Skilled Migrant
Programme” attracts 3000 applications.................................................................................................... 33
Compulsory HIV tests for all
immigrants..................................................................................................................................................... 34
The numbers of child asylum seekers
is on the rise................................................................................................................................. 34
UK government curtails protection
for Iraqis............................................................................................................................................ 34
Plans to send asylum seekers to
Albania...................................................................................................................................................... 34
Language tests to help in
determining nationality of asylum seekers............................................................................................... 35
Asylum children policy
‘immoral’.................................................................................................................................................................. 35
Travellers face departure checks.................................................................................................................................................................... 35
Asylum seekers routinely
mistreated, says Inspector of Prisons chief.............................................................................................. 36
Polish Roma cannot count on asylum
in Britain....................................................................................................................................... 36
Number of Czech asylum seekers in
Britain sharply declines............................................................................................................. 36
Fast-track scheme to deport asylum
seekers............................................................................................................................................... 36
Refugees prevented from learning
English by bureaucracy and lack of classes........................................................................... 37
New measures to combat fraudulent
marriages......................................................................................................................................... 37
YUGOSLAVIA........................................................................................................................................................................................................... 37
Lawsuit filed with the UN Committee
on the Elimination of Racial Discrimination for refusal to allow Roma into
discotheque in Serbia and Montenegro.................................................................................................................................. 37
EU Developments................................................................................................................................................................................................. 39
summary of progress in EU asylum
agenda........................................................................................................................................... 39
New ECRE statements......................................................................................................................................................................................... 39
ECRE Statement on European Council
Meeting, 20-21 March.......................................................................................................... 39
ECRE comments on the Amended proposal
for a Council Directive on minimum standards on procedures in Member States for
granting and withdrawing refugee status.................................................................................. 39
PRESIDENCIES OF THE EU............................................................................................................................................................................... 40
The Greek Presidency.......................................................................................................................................................................................... 40
Qualifications Directive...................................................................................................................................................................................... 40
Asylum Procedures Directive............................................................................................................................................................................ 40
Directive on long term residence
status........................................................................................................................................................... 40
EU-Spring European Council 21,22
March............................................................................................................................................... 40
Informal JHA Council 28-29 March -
Veria............................................................................................................................................... 40
U.K. proposal considered................................................................................................................................................................................... 40
Lubbers outlines ‘Convention
Plus’ Initiative................................................................................................................................................ 40
Other Developments............................................................................................................................................................................................. 41
Disagreement continues over costs
for border mangement......................................................................................................................... 41
Remaining JHA Councils of the Greek
Presidency:..................................................................................................................................... 41
COUNCIL OF THE EUROPEAN UNION...................................................................................................................................................... 41
Asylum Procedures............................................................................................................................................................................................... 41
Long Term Residence Directive....................................................................................................................................................................... 41
EUROPEAN COMMISION................................................................................................................................................................................... 41
Commission adopts communication on
common asylum policy and Agenda for protection 26/03/03................................ 41
Commission report dismisses links
between immigration and increases
in crime and unemployment 14/03/03.................................................................................................................................................................................................................... 42
Commission sets up Experts group on
trafficking in human beings 26/03/03.............................................................................. 42
‘Wider- Europe- New Neighbourhood
Communication’ 11/03/03.................................................................................................... 42
EUROPEAN PARLIAMENT................................................................................................................................................................................ 42
European Parliament Resolution on
implementing an area of Freedom, Security and Justice............................................. 42
Family Reunification............................................................................................................................................................................................ 43
EUROPEAN CONVENTION FOR THE FUTURE
OF EUROPE........................................................................................................ 43
General Developments........................................................................................................................................................................................ 43
Justice and Home Affairs provisions............................................................................................................................................................. 43
Ombudsman makes proposals to
Convention on human rights and openness.............................................................................. 43
Debate on Freedom, Security and
Justice................................................................................................................................................... 43
EU Enlargement..................................................................................................................................................................................................... 44
Referenda in the Accession Countries........................................................................................................................................................... 44
Cyprus.................................................................................................................................................................................................................... 44
Czech Republic..................................................................................................................................................................................................... 44
Estonia.................................................................................................................................................................................................................... 44
Hungary.................................................................................................................................................................................................................. 44
Latvia...................................................................................................................................................................................................................... 44
Lithuania................................................................................................................................................................................................................ 44
Malta....................................................................................................................................................................................................................... 44
Poland..................................................................................................................................................................................................................... 44
Slovakia.................................................................................................................................................................................................................. 44
Slovenia.................................................................................................................................................................................................................. 44
Romanian politicians sign
declaration for EU accession..................................................................................................................... 44
Commission formally accepts
accession....................................................................................................................................................... 45
MEPs give green light for EU
enlargement................................................................................................................................................ 45
EU Parliament votes for enlargement........................................................................................................................................................... 45
Croatia applies for EU membership.............................................................................................................................................................. 45
Macedonia plans to apply for EU
membership.......................................................................................................................................... 45
Cyprus talks fail...................................................................................................................................................................................................... 46
Slovakia warned of lagging reforms.............................................................................................................................................................. 46
Disputed result in the referendum
in Malta................................................................................................................................................ 46
Ukraine is not excluded from
joining the EU.............................................................................................................................................. 46
Publications, websites and events................................................................................................................................................ 47
Publications.............................................................................................................................................................................................................. 47
Events............................................................................................................................................................................................................................ 49
Websites....................................................................................................................................................................................................................... 50
ECRE Projects.......................................................................................................................................................................................................... 51
Reception and Integration............................................................................................................................................................................... 51
Strengthening Refugee Participation
in European Asylum Policies and Programmes............................................................. 51
Three new Good Practice Guides and
an Updated Integration Position........................................................................................ 52
ECRE Eastern Europe Project........................................................................................................................................................................ 52
ECRE news............................................................................................................................................................................................................... 52
ECRE DOCUMENTATION SERVICE
High Commissioner proposes new approaches on
asylum-migration issues in EU
UN High Commissioner on
Refugees Ruud Lubbers offered new ways to address the issues of asylum and
migration in the European Union, urging Member States to develop a unified
internal approach along with new global strategies.
Addressing an informal
meeting of EU Justice and Home Affairs Council in Veria, Greece, on the 28th
of March, Lubbers said Member States must work with each other as well as with
developing countries that host the bulk of the world's refugees.
“I would say that
Europe has no choice but to work on both fronts if it is to effectively address
both the phenomenon of irregular movements of asylum seekers to Europe and the
phenomenon of economic migrants clogging up its asylum systems," he said.
The High Commissioner
proposed a three-pronged approach:
The first prong would involve
new joint initiatives within Europe itself. These could include the pooling of
EU processing and reception resources to speed up decision-making on the asylum
claims of nationals of countries that do not normally produce refugees. Lubbers
said UNHCR was ready to consider such arrangements, mostly in cases where there
is a clear indication that flows are overwhelmingly composed of persons without
valid claims for international protection.
The second would focus on new
approaches in regions of origin to boost prospects for refugee solutions there,
and to address so-called secondary movements of refugees and asylum seekers
toward Europe.
The third prong, Lubbers
said, would focus on the effective functioning of Europe's individual national
asylum systems. If the EU and regional prongs were successful, he said,
national asylum systems would be able to concentrate more on the functions for
which they were created – the provision of international protection to
those in need.
UNHCR urges states to grant temporary
protection to Iraqis
On the 26th of
March UNHCR distributed new Guidelines to all governments signatories to the
Refugee Convention and Non-Governmental Organisations advising that asylum
claims from individual Iraqi citizens should not be processed for an initial
period of three months, during which Iraqis should instead be granted temporary
protection.
In a separate March 7
memorandum, UNHCR had already urged asylum countries to halt the forced returns
of Iraqis. Now the agency’ s legal experts are advising a suspension of
individual asylum procedures, both of pending cases and new arrivals, and the
granting of temporary protection instead.
http://www.unhcr.ch/cgi-bin/texis/vtx/home/+iwwBmeOm0HKwwwwnwwwwwwwhFqnN0bItFqnDni5AFqnN0bIcFqnoGw3MzmevxwwwwwwwDzmxwwwwwwwdFqidGmnGaxOa-uPPyER0ay0Ig/opendoc.htm
UNHCR Publications:
Following the provisional
report, the publication of which was reported in the last Documentation
Service, the full report “Asylum Applications Lodged in Industrialized
Countries: Levels and Trends, 2000-2002” is now available on the UNHCR
website (www.unhcr.ch Statistics,
Asylum Trends). The full report contains data for 37 countries.
The final conclusions from
the report state that overall the number of asylum applications lodged in these
countries has decreased by 5.4% with the biggest drop in applications
registered in Slovenia and Romania (both 54%) and the biggest increase in Malta
(309%). The number of asylum applications registered in the European Union has
decreased by 2%. Meanwhile the main receiving countries were UK (19% of all
asylum claims lodged), USA (14%) and Germany (12%).
Monthly updates for January
and February of this year are now also available.
Serbia and Montenegro becomes Council of Europe's
45th member state
Serbia and Montenegro acceded
to the Statute of the Council of Europe and signed the European Convention on
Human Rights, along with Protocol Nos. 6 and 13 on the abolition of the death
penalty and Protocol Nos. 1, 4, 7, and 12 to the Convention on the 3rd
of April.
Council of Europe Conference on "Future
Prospects of Migration in the Mediterranean"
The much-debated question of
how to deal with irregular immigration was at the centre of a conference
organised by the Maltese Government and the Council of Europe's Directorate
General for Social Cohesion on 10 and 11 April 2003.
Opening the conference, the
Council of Europe’s Deputy Secretary General Maud de Boer-Buquicchio
spoke of the need for “orderly migration, social cohesion and respect for
the individual”. She called for dialogue between countries of origin,
transit and destination, so that migrants could enjoy proper legal protection
for their basic rights, and said that the conference would discuss the
establishment of a political forum for countries of migrant origin and
destination and an agency to implement the Council of Europe's migration
management strategy.
Officials responsible for
migration issues in the 45 Council of Europe member states responded by stating
their intention to set up a forum within the Organisation bringing together the
countries of origin, transit and destination, as a means of implementing common
and co-ordinated policies in this field. At the same time, a “European
Migration Agency” would be responsible for the practical management of
these activities.
Council of Europe Human Rights Commissioner
voices concerns regarding 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.
He stated “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 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.”
Report on the common policy on migration and
asylum
On the 11th of March the
Committee on Migration, Refugees and Demography presented a report on the
development of a common policy on migration and asylum to the Parliamentary
Assembly.
The Assembly stated that it
is concerned that major differences in migration and asylum law and policy may
produce considerable disparities in the treatment of migrants, asylum seekers
and refugees. Therefore there is a clear need to establish a Council of Europe
common policy on migration and asylum, setting out minimum standards. This
policy should be placed in the context of the ECHR protection of human rights
and the respect for dignity of the person.
Full document:
http://assembly.coe.int/Main.asp?link=http%3A%2F%2Fassembly.coe.int%2FDocuments%2FWorkingDocs%2FDoc03%2FEDOC9726.htm
Report on Chechnya and Ingushetia
“Report
of the Commissioner of Human Rights, Mr. Alvaro Gil-Robles on his visit to
Russian Federation (Chechnya and Ingushetia) from 10-16 February 2003” is
now available from:
http://www.commissioner.coe.int/docs/CommDH(2003)5_E.doc
The report focussed on three
areas: insecurity and impunity in the republic, the need for a political
settlement and the need to improve living conditions in Chechnya. The
Commissioner urged the Russian authorities to carry out the process of
re-establishing security and the rule of law with the requisite level of
diligence and determination, noting however that more than three years after
the Commissioner’s first visit to Chechnya, the problems noted then are
as pressing as ever.
Council of Europe publications
‘Collection of treaties
– Migration; summaries and texts of treaties (2002)’. The objective
of this publication is to reply to the growing interest of specialists and the
general public in questions concerning the rights of migrants by making
available the main texts published by the Council of Europe in this field. ISBN
92-871-4939-9; price: 23€/ 35US$
New handbook series of the
European Centre for Minority Issues (ECMI). ‘Volume 1: Minorities in
International law: An introductory study’, by Gaetano Pentassuglia. ISBN
92-871-4773-6; price: 39€ / US$59
Appointment of the new director of ODIHR
Austrian Ambassador Christian
Strohal has assumed the post of the Director of the Office for Democratic
Institutions and Human Rights (ODIHR), succeeding Swiss diplomat Gerard
Stoudmann, who led the institution for almost 6 years .
Roma and Sinti meeting
A two-day special meeting, to
be held in Vienna on 10 and 11 April will discuss the development of an OSCE
Action Plan on Roma and Sinti, which is expected to be adopted by the Organization's
Ministerial Council in December.
Report on Minorities in Kosovo
“Tenth
Assessment of the Situation of Ethnic Minorities in Kosovo (Period covering May
2002 to December 2002)” is now available from:
http://www.osce.org/kosovo/documents/reports/minorities/min_rep_10_eng.pdf
ECRE’s
Policy and Advocacy Publications
ECRE/USCR Study on
Responding to the Asylum Access Challenge: An Agenda for Comprehensive
Engagement in Protracted Refugee Situations
In partnership with US
Committee for Refugees, ECRE has published a report on the asylum and access
challenges facing policymakers in Europe and North America. The report provides
recommendations in relation to resettlement, comprehensive engagement to
resolve protracted refugee situations and an approach to asylum which
incorporates external dimensions relating to crisis prevention, development,
trade and human rights.
Statement on the Iraq
Crisis: The Need for Access to Protection
ECRE has released a Statement
on the Iraq Crisis: The Need for Access to Protection. The statement was agreed at the Bi-Annual General Meeting in
Bucharest on the 20-22nd of March. It calls upon European governments to be
ready to take action that would give effect to the principle of responsibility
sharing in the event of mass population movements in Iraq or in the wider
region of the Middle East and urges the governments to continue processing
applications and not to return people to either Iraq or transit neighbouring
countries.
Guidelines for the
treatment of Afghan asylum seekers and refugees in Europe
ECRE has released Guidelines
for the treatment of Afghan asylum seekers and refugees in Europe on the 15th of April. The guidelines assess the
situation in Afghanistan as still unstable and urges the European governments
to give all Afghan asylum claimants the opportunity to lodge an application and
have it processed with minimum delay. They also strongly recommend voluntary
return as a focus of any European return plan to Afghanistan.
Updated position on the
integration of refugees in Europe
ECRE has released the updated
position on the integration of refugees in Europe.
The position urges states to develop national integration strategies and
implement a national integration law. While NGOs do play an important role in
the integration process, refugee integration should be considered the primary
responsibility of national governments.
Good Practice Guides
ECRE has published a new
series of Good Practice Guides on the 17th of
March. These Good Practice Guides have been developed by ECRE agencies active
in the field of reception and integration of refugees. They cover educational
advice to refugees, working with older refugees, and assisting traumatised
child-refugees, and represent the culmination of two years’ work of thematic
networks in these areas.
Legal and Social
conditions for Asylum Seekers and Refugees in Western Europe
ECRE, together with the
Danish Refugee Council is currently updating the former's authoritative report
on the Legal and Social conditions for Asylum Seekers and Refugees in
Western Europe, last published in 2000. Updated
chapters have now been published on France, Switzerland and Ireland. Chapters are soon to be published on
Spain, Hungary and Greece and Austria.
All material available at http://www.ecre.org
ECRE DOCUMENTATION SERVICE
The
Communications of the Committee are available of the website of the Office of
the High Commissioner for Human Rights http://www.unhchr.ch
Canada
During Its 29th
Session in November 2002, the Committee Against Torture considered a complaint
by Mr. V.N.I.M. against Canada for alleged violation of Article 3 of the CAT
(Communication No. 119/1998 of 19/12/2002)
In January 1997, the
applicant, a national from Honduras, came to Canada where he applied for
asylum. His request for asylum was first denied on 17 September 1997.
Subsequently, he submitted an application for judicial review to the Federal
Court of Canada, which was rejected on 6 February 1998. In his claim, the
applicant submitted that he was detained in 1988 in Honduras as he was accused
by the military of having planted a bomb in a building where he was arrested.
While seriously injured, he was interrogated and claims that doctors amputated
his arm under pressure from the military in order to make him reveal names of
his alleged accomplices. Following his arrest, he was detained for three years
and four months during which he was subjected to torture and ill-treatment.
Meanwhile the San Pedro Sula Criminal Court dismissed the proceeding against
him for lack of evidence.
The applicant managed to flee
to Costa Rica in May 1992 where he remained till March 1993. He then returned
to Honduras and lived in a small village near the border with El Salvador until
1995.
After having failed to obtain
a disability pension in 1996, he claims to have been arrested again and
subjected to physical abuse.
The CAT concluded that the
existence in a country of a consistent pattern of gross, flagrant or mass
violations of human rights is not in itself a sufficient reason for
establishing that a particular person would be in danger of being subjected to
torture if the person was to be returned to that country. It added there must be
other reasons to suggest that the person concerned would personally be in
danger. It added that the absence
of a consistent pattern of flagrant violations of human rights does not mean
that a person cannot be subjected to torture in his own particular situation.
In this case, the Committee
considered that the complainant has not demonstrated that he is an opponent of
the regime who is wanted for terrorist activities. Consequently, it concluded
that the return of the complainant to Honduras would not constitute a breach of
Article 3 of the Convention.
European Committee for the Prevention of
Torture and Inhumane and Degrading Treatment or Punishment (CPT)
The
full text of the following reports are available on: http://www.cpt.coe.int
“CPT Standards”
and further documents about the CPT are now available in Estonian, German,
Romanian, Russian, Serbian, Ukrainian and Turkish on the CPT website
On 12 march 2003, the Council
of Europe’s Committee for the Prevention of Torture (CPT) published its
report assessing the treatment of persons deprived of their liberty in Germany.
The report, published at the request of the German authorities together with
their response, concerns the CPT's fourth visit to Germany carried out in
December 2000.
During the visit, the CPT
followed up issues examined during the previous three visits to Germany and, in
particular, the treatment of persons deprived of their liberty under aliens
legislation. Issues tackled for the first time in Germany included the
treatment of persons placed in forensic psychiatric institutions and of persons
living in homes for the elderly.
The CPT found that the
premises at Frankfurt am Main Airport for foreign nationals subject to the
airport procedure could hardly offer satisfactory living conditions. In their
response, the German authorities indicated that these premises have been
replaced by more appropriate facilities.
The CPT also severely
criticised the conditions in which, at the time of the visit, certain patients
were secluded in secure rooms at the Forensic Psychiatric Section in Wiesloch.
In its response, the Government referred to a series of measures taken to
remedy this situation.
Luxembourg
On 2 February 2003, a
delegation of the CPT carried out a 6 days visit to Luxembourg. It was the
Committee's second periodic visit to the Grand-Duchy of Luxembourg.
During the visit, the
delegation followed up a certain number of issues already examined during the
two previous visits, in particular in respect of the Luxembourg Prison at
Schrassig and the State Socio-Educational Centre for Boys at Dreiborn. In
addition, the delegation examined in detail the situation of foreign nationals
deprived of their liberty under aliens legislation.
Macedonia
On 16 January 2003, the
Government of the former Yugoslav Republic of Macedonia has authorized the
publication of reports drawn up by the CPT, after ad hoc visits in October 2001
and July 2002.
The visits focussed on the
treatment of persons detained by the State's law enforcement agencies. From the
facts found, the CPT concludes 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 Anti-Torture Committee
calls 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 identifies specific measures to be applied by the various
authorities, judges and prosecutors, as well as the police and prison services,
to prevent police ill treatment and combat impunity.
In their response to the
October 2001 visit report, the national authorities describe various measures
taken to implement the CPT's recommendations. They highlight, in particular,
recent professional training activities for law enforcement officials, carried
out in accordance with the Ohrid Framework Agreement.
A delegation of the CPT has
terminated, on 4 March 2003, a six-day visit to the Transnistrian region of the
Republic of Moldova. This region unilaterally declared itself an independent
republic in 1991 and negotiations aimed at resolving this situation are still
under way.
It was the CPT's second visit
to the region, the first visit having taken place in November 2000. The CPT's
delegation examined developments since its first visit, in particular as
regards the treatment of persons held in penitentiary establishments. It also
assessed the means required to improve the situation of such persons.
The delegation visited Prison
No. 1 in Glinoe as well as Colony No. 2 and the remand prison (SIZO) at Colony
No. 3 in Tiraspol. It also visited the Police Headquarters and the temporary
holding facility (IVS) and administrative detention facility in Tiraspol.
Romania
On 9 February 2003, a
delegation of the Council of Europe’s CPT carried out a three-day visit
to Romania.
The main purpose of the visit
was to re-examine conditions of detention in the General Directorate of the
Police in Bucharest. The CPT visited this establishment in 1995, 1999 and, most
recently, September 2002. Following the last visit, the Romanian authorities
informed the CPT of measures taken to improve the situation in this
establishment and invited the Committee to return to review developments.
A delegation of the CPT has
recently carried out a one-week visit to the Kaliningrad Region of the Russian
Federation. It was the CPT’s first visit to this enclave of the Russian
Federation.
The visit focused mainly on
the arrangements for the transit of prisoners and psychiatric patients between
the Kaliningrad Region and the rest of Russia, and the authorities' plans for
the future. To avoid lengthy delays and other problems related to the transfer
of prisoners, the regional authorities are in the process of setting up
facilities offering the full range of regimes envisaged by the legislation.
The CPT's delegation also
explored the application in practice of the provisions of the new Code of
Criminal Procedure regarding police detention.
On 13 March 2003, the CPT
published a report examining the safeguards against ill treatment by law
enforcement officials in Spain.
During the visit, the
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment continued to receive allegations of ill treatment by
National Police and Civil Guard officers. It also gathered evidence, including
of a medical nature, consistent with those allegations. In its report, the CPT
concludes that the existing legal framework fails to provide detained persons
with an effective set of safeguards against ill treatment.
The report, published at the
request of the Spanish authorities together with their response, concerns a
visit carried out in July 2001. In their response, the Spanish authorities
indicate that they do not consider it necessary to review the current legal
framework.
The CPT carried out a visit
to Sweden from 27 January to 5 February 2003. It is the Committee's fourth
visit to Sweden.
The CPT's delegation 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. It also examined the
situation in psychiatric institutions and in homes providing care for young
persons and substance abusers.
On 19 February 2003, a
delegation from the Council of Europe Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT) returned from a two-day
visit to Turkey. The delegation, which comprised a Belgian lawyer and a Swiss forensic doctor, visited
the prison on the island of Imralı and interviewed Abdullah ÖCALAN,
the establishment’s sole inmate.
The visit was triggered by
persistent reports that relatives and lawyers of Abdullah Ocalan have been
experiencing considerable
difficulties in gaining access to Imralı island in order to visit him. The
delegation reviewed his conditions of detention in the light of recommendations
made by the CPT after its previous visits to Imralı Closed Prison (in
March 1999 and September 2001).
In the course of the visit,
the CPT’s delegation met the Levent Ersuz, Regional Gendarmerie Commander
of Bursa and Emin Ozler, Chief Public Prosecutor of Bursa, and discussed in
detail with them means of ensuring that Abdullah Öcalan's right to receive
visits from his relatives and lawyers is fully effective in practice. Further,
the delegation held consultations with two of Abdullah Öcalan’s
lawyers.
On 12 February 2003, the CPT
published a report assessing the treatment of foreigners detained in the United
Kingdom pursuant to the Anti-Terrorism, Crime and Security Act 2001. The
report, published at the request of the United Kingdom authorities together
with their response, concerns a visit carried out in February 2002.
The CPT's delegation heard no
allegations of physical ill treatment by police officers of persons detained
under the 2001 Act and, with one exception, there were no allegations of
physical ill treatment by prison officers. Some allegations of verbal abuse
were received.
Persons detained pursuant to
the 2001 Act were being treated as Category A prisoners, the highest security
risk classification. Their material conditions of detention were of an adequate
standard. However, as regards out-of-cell time and activities, the situation
found left a great deal to be desired. In their response, the United Kingdom
authorities inform the CPT that persons detained under the 2001 Act have been
moved to units capable of offering enhanced activities and that their regime is
subject to ongoing review.
As regards health care, the
CPT recommended that consideration be given to the specific needs - both
present and future - of persons detained under the 2001 Act, in terms of
psychological support and/or psychiatric treatment. In their response, the
United Kingdom authorities underline the commitment of health care staff to
providing an adequate level of care to the detainees.
Council of Europe Secretary
General Walter Schwimmer welcomed the decision to publish these documents and
highlighted the constructive spirit that characterizes the well-established
co-operation between the Committee and the United Kingdom. Mr. Schwimmer also
expressed his appreciation of the clear statement by the United Kingdom
Government that actions taken by its institutions and officials to combat
terrorism and to preserve a democratic society will at all times be in
accordance with the fundamental human rights of any person against whom action
is taken.
The full text of the
following cases are available on: http://www.echr.coe.int
Expulsion of a 16-year
old Bosnian is a violation of Article 8 [Jakupovic v. Austria (Appl.No.
36757/97)]
On 6 February 2003, the
European Court of Human Rights (ECtHR) held by four votes to three that there
was a violation of Article 8 of the Convention in the case of Jakupovic against
Austria.
The applicant, Elvis
Jakupovic, a national of Bosnia-Herzegovina had filed a complaint, on 8 April
1997, under Article 8 of the Convention arguing that a residence prohibition
imposed on him by the Austrian Authorities violated his right to respect for
his private and family life.
The applicant was born in
1979 in Bosnia-Herzegovina. In 1991, he came to Austria together with his
younger brother and joined his mother who had already been living and working
there.
Following several convictions
for burglary and possession of arms in 1994 and 1995, the Vocklabruck District Administrative
Authority (Bezirkshauptmannschaft), on 28
September 1995, issued a ten year residence prohibition against the applicant
finding that the applicant’s further stay in Austria was contrary to the
public interest due to his past convictions. These considerations were not
outweighed by his family links. On 18 December 1995, the applicant was remanded
in custody on suspicion of having committed further burglaries and was
sentenced by the Wels Regional Court to a term of imprisonment of ten weeks,
suspended for a probationary period of three years. On the same day, the
applicant was released from detention on remand.
The applicant appealed to the
Upper Austria Public Security Authority (Sicherheitsdirektion) and the Administrative Court consecutively against his removal.
However, all of them found that the authorities had correctly found that the
residence prohibition was necessary in the public interest and did not
constitute a disproportionate interference with the applicant’s family
situation. Consequently, the applicant was taken into detention and was
deported to Sarajevo on 9 April 1997.
Before the Court in
Strasbourg, the applicant submitted that the residence prohibition constitutes
a disproportionate measure as the offences of which he was convicted were
merely minor acts of juvenile delinquency. He added that the Austrian
authorities did not sufficiently consider his private family situation and
submitted that before his deportation in April 1997, he had developed strong
ties with Austria as he had been living with his mother and siblings.
The Government of Austria
accepted that the residence prohibition interfered with the applicant’s
right to respect for his private and family life. They argued however that the
measure at issue was justified under paragraph 2 of Article 8, being in
accordance with the law-the relevant provisions of the Aliens Act- and having
pursued the legitimate aim of the prevention of disorder or crime. The
Government further contended that that measure was necessary in a democratic
society within the meaning of Article 8 (2) of the Convention and that the
Austrian authorities have not overstepped their margin of appreciation.
In its decision, the Court
had to deal with the issue of whether the Government’s interference was
‘necessary in a democratic society’. By four votes to three, the
Court found that the applicant’s criminal record was not a justification
for sending a young person (16 years old), alone, to a country which has
recently experienced a period of armed conflict with all its adverse effects on
living conditions and with no evidence of close relatives living there. The
Court added that the applicant’s conviction cannot be compared to a
conviction for an act of violence, and there is no indication that such charges
have ever been brought against the applicant.
Iranian Case declared
admissible under Article 2, 3 ECHR and Article 1 Protocol No. 6 [Razaghi v.
Sweden (Appl. No. 64599/01)]
In an admissibility decision
of 11 March 2003, the European Court of Human Rights (ECtHR) declared the
application of Mr Ali Reza Razaghi against Sweden admissible on alleged
violations of Articles 2 and 3 of the ECHR as well as Article 1 of Protocol No.
6 to the Convention. The applicant
is an Iranian national who had applied for asylum in Sweden on 30 November
1998. He stated that he feared persecution by the Iranian authorities because
of a relationship with a married woman whose husband was a mullah. He claims
that the woman had been sentenced and that an arrest warrant had been issued
against him. On 7 February 1999, he converted to Christianity.
On 14 April 1999, the
National Immigration Board rejected the application due to lack of evidence and
because it did not find the applicant’s allegations plausible. The Board
also ordered the expulsion of the applicant to Iran. On 13 November 2000, the
Aliens Appeals Board rejected the applicant’s appeal. It noted that he
had not produced any evidence showing that he had had the above-mentioned relationship
or that he would be subjected to inhuman treatment, neither on account of this,
nor due to his conversion to Christianity.
On 14 December 2000, the
applicant lodged a new application for a residence permit with the Aliens
Appeals Board. On 11 January 2001, he lodged the application to the ECtHR, in
which he complained of violations of Article 2, 3, 6 and 9 of the ECHR and
Article 1 of Protocol 6.
The Government contested that
domestic remedies had not been
exhausted since the application of 14 December 2000, which includes new
evidence (a medical certificate, issued in January 2001) was still pending.
While the ECtHR accepted that
the applicant has made a claim and provided material evidence, which has not
been examined by the Swedish authorities, the Court held that he has done what
is incumbent upon him under Article 35 (1) ECHR in order to exhaust domestic
remedies with regard to his first application for asylum. Also, since the
Aliens Appeals Board had still not decided on his second application, the Court
found that this new application couldn’t be considered as an effective
remedy in his case.
The Swedish Government also
submitted that the application should be declared inadmissible as manifestly ill-founded. In light of the
parties’ submissions, the Court considered however that the complaint
raises serious issues of fact and law under the Convention and did not share
the Government’s view regarding the ill-foundedness of the application.
With regard to the alleged
violation of Article 6 ECHR, the Court noted that in exceptional circumstances,
it would not exclude the possibility that an issue might be raised under this
provision, where the person being expelled has suffered or risks suffering a
flagrant denial of fair trial in the country of origin referring to the Soering v. UK case (1989, Series A, No. 161).
However, in this case, the Court found that the submissions made by the
applicant did not disclose that he would face such a risk. The
complaint was therefore rejected as manifestly ill-founded in accordance
with Article 35 (3) and (4) ECHR.
Regarding the applicant’s right to freedom
of religion (Article 9 ECHR), the Court observed that, in so far as any alleged
consequence in Iran of the applicant’s conversion to Christianity attains
the level of treatment prohibited under Article 3 ECHR, it would be dealt with under that provision. The
Court considered that the applicant’s expulsion could not separately engage the Swedish
Government’s responsibility under Article 9 ECHR. As a result, this
complaint was rejected for
being incompatible ratione
materiae with the provisions of ECHR within the
meaning of Article 35 (3) and (4) ECHR.
Romania ratifies
Protocol No. 13 ECHR
On 7/4/2003, the Romanian
Justice Minister, Rodica Mihaela Stanoiu handed to Maud de Boer-Buquicchio the
instrument of ratification of Protocol No. 13 to the Convention for the
Protection of Human Rights and Fundamental Freedoms concerning the abolition of
the death penalty in all circumstances.
ECRE DOCUMENTATION SERVICE
In
April 2003 the 59th UN Commission for human rights session requested the United
Nations High Commissioner for Human Rights to appoint a personal representative
whose mandate will be to make a thorough study of the violations of human
rights by the Government of Belarus, based on all information he or she may
deem relevant, including information provided by intergovernmental and
non-governmental organizations and any comments and material provided by the
Government of Belarus, and submit a report to the Commission on Human Rights at
its sixtieth session.
This
follows recent clampdowns on NGOs and the opposition. On 12 March,
approximately 6,000 people gathered in a central Minsk square under the banner
"For a Better Life!" to protest at the deteriorating economic and
social conditions in Belarus. At least four of those who organised the march
were arrested and were sentenced to 15 days in jail. Then on 4 April the Chamber
of Representatives voted 73 to five to pass changes aimed at bringing a law on
mass demonstrations into line with restrictive presidential decrees enacted in
1999 and 2001. One amendment allows the authorities to close down a party or a
nongovernmental organization for failing to ensure law and order during
demonstrations that cause large-scale damage, including the disruption of
traffic, death, injury, or significant financial damage.
Belgium
New
Employment Laws allows refugees to obtain employment
The Belgian employment laws have undergone some amendments. The
changes which took effect on 1 April 2003, are part of a package of measures
intended to link employment rights with residency rights. The main thrust of
the change in the employment law is the introduction of the Work Permit C.
Non-EU citizens who want to work in Belgium have to apply for a work
permit. Work permits used to fall under two categories. Category A with
unlimited duration and Category B, which is restricted to employment with one
particular employer for a maximum period of one year with possibility of
renewal. Applications are made by Belgian-based employers. To qualify for work
permit B, an applicant must be occupying a management position or possess a
specialized academic degree in addition to having an annual income above a
certain amount. In general, an applicant had to work for 4 consecutive years
under Category B in order to qualify for residence under Category A.
The new permit, Category C, has been created for temporary residents
in Belgium and is valid for only one year. The government expects likely
applicants to be students and refugees. Refugees could wait for a long time for
their personal documents to be sent from their home countries, and this permit
allows them to work while this process takes place.
http://www.expatica.com/belgium.asp?pad=102,103,&item_id=29954
Policemen
to be tried for the death of rejected Nigerian asylum seeker
Five former police officers are to be tried in the criminal court
over the death of a Nigerian asylum seeker when being deported from Belgium.
Semira Adamu was set to be deported in September 1998 on a Sabena
flight after her application for asylum was rejected. The two policemen who
were escorting her pressed her head down against a cushion on her laps as she
was resisting the deportation order.
Three of the officers who were escorting her have been charged with
assault, battery and involuntary manslaughter. Two other officers supervising
the deportation are accused of criminal neglect.
http://expatica.com
Senate
approves Temporary Protection for refugees
The
Belgian Senate has unanimously approved two Bills aimed at the creation of the
status of temporary protection for persons displaced by war. The two Bills
effectively transpose into national law the EU Council Directive on temporary
protection adopted on 20 July 2001.Under Article 32 of the Directive, Member
States are under the obligation to bring into force the laws, regulations and
administrative provisions necessary to comply with the Directive by 31 December
2002 at the latest.
The
length of stay for the beneficiaries of the new status may not exceed three
years. During their stay in Belgium, they will be entitled to a wide range of
rights, including social welfare, employment, education and family
reunification.
Human Traffickers jailed for killing 8 Asylum Seekers
In March 2003, a Belgian Court sentenced seven
traffickers for their participation in unintentional manslaughter. In December
2001, eight Turkish asylum seekers were found dead inside a container at the
Irish port of Waterford. They were among a group of 13 people concealed in a
container of furniture, which arrived from Belgium at Waterford's international
sea freight terminal, Belview.
Two Turkish men, Bekim Jogaj and Ozgur Doganbaloglu were each
sentenced to 10 years imprisonment and fined 10,000 dollars for organizing the
smuggling ring. A father and son were sentenced to six and eight years, and
three other persons involved received two years imprisonment. Charges against
the driver of the container were dropped after the court concluded that he had
no knowledge of what had happened.
http://www.ncadc.org.uk
OSCE Mission calls for an end to bussing of children to mono-ethnic
schools
The Head of the OSCE Mission to
Bosnia and Herzegovina has called for an end to the practice of bussing
children to mono-ethnic schools, on the grounds that it hampers sustainable
return and creates a financial burden on municipalities. Enabling children to attend schools
closer to home is a crucial part of implementing the Interim Agreement on
Accommodation of Specific Needs and Rights of Returnee Children (Interim
Agreement).
“Although many positive
steps have been taken since the agreement was signed, there is still a lot of
room for improvement. There are numerous examples where children are being
bussed 15 to 20 kilometres to schools where they constitute a cultural
majority, rather than attending schools that are only a few metres away from
their homes,” said Robert M. Beecroft, Head of the OSCE Mission to BiH.
Ministers of Education of BiH are
committed to providing returnee children with ready access to education, in
integrated multicultural schools in their area of return, which are free from
political, religious and cultural bias and discrimination. Therefore, the
Interim Agreement strives to ensure that these standards are met.
Returns to Bosnia near 1 million
UNHCR has reported that nearly 1
million people have returned to their pre–war homes, since the end of the
conflict 7 years ago. The overall number of people uprooted is estimated at
over 2 million.
Among those who have gone back are
390,000 people who have returned to areas controlled by their former enemies,
an encouraging sign seen to partially reverse the horror of “ethnic
cleansing”. Last year alone, more than 100,000 people went back to areas
dominated by other ethnic groups. They included 39,000 Bosniaks who went back
to live in Serb–controlled areas, 30,000 ethnic Serbs who went back to
the Bosniak and Croat-controlled areas, and 11,000 ethnic Croats who returned
to their homes in regions today dominated by Bosniaks and Serbs.
Udo Janz, who runs UNHCR's
operation in Bosnia and Herzegovina has said that returns to Bosnia have
steadily picked up over the past few years. He cited a number of reasons for
the increased pace of returns, such as improved overall security, a better
economic situation, and new property legislation which enables the original
owners to reclaim their houses.
The UNHCR official noted that by
the end of last year, 170,000 homes had been successfully reclaimed by their
rightful owners – 70 percent of all property that can be reclaimed under
the new Property Law. He also pointed to the international reconstruction effort
in Bosnia and various projects designed to boost economic activity as
additional impetus for returns.
However in the first two weeks of
March eight deaths and one injury have been reported by UNHCR amongst
returnees. These were caused by booby traps left in the abandoned houses, and
landmines, highlighting the dangers still faced by those returning home.
http://www.europaworld.org/week121/bosnia21303.htm
Bosnia adopts draft agreement on borders with Croatia.
On the 27th of February
the Bosnia-Herzegovina Council of Ministers adopted a draft agreement on
traffic in border areas between Bosnia-Herzegovina and Croatia with annexes on
joint locations at border crossings in Doljani-Metkovic, Neum-Klek and
Neum-Zaton Mali (all in southern Bosnia).
The Council of Ministers has also
urged the commission for establishing Bosnia-Herzegovina’s borders to
speed up the preparations for an agreement of this kind with Serbia and
Montenegro.
IWPR reports on the social exclusion of Roma
The report, written by Srdjan
Papic, a Sarajevo-based journalist highlights the problems the Roma community
faces in Bosnia-Herzegovina. These include higher than average unemployment,
poor housing and exclusion from the school system. Few have any health
insurance. Local authorities often forcibly relocate large numbers of Roma
households from their traditional homes in Sarajevo, Zavidovici, Kakanj and
other places, without consulting them.
Although the Roma community is
Bosnia's largest ethnic minority, the country's post-Dayton constitution grants
them no specific recognition, including them in a broad category of
“other nationalities”.
Full report available from:
http://www.iwpr.net/index.pl?archive/bcr3/bcr3_200302_406_3_eng.txt
Bulgarian Helsinki Committee warns of deteriorating human rights
situation
The Bulgarian Helsinki Committee
has warned that the human rights situation in Bulgaria is deteriorating.
The Roma minority continues to be
subjected to isolation and the government's efforts to integrate the minority
are insufficient. The Committee also warned of growing attempts by the
government to influence the media and said the new law on religious communities
is discriminatory and introduces double standards.
Roma immigration increases to Czech Republic
Government officials and
Non-Governmental Organizations have expressed concern over the increased influx
of Roma across the border. The current wave of emigration is thought to be
caused by cuts in social provisions by the Slovak government and high unemployment
and debts to moneylenders. Experts have said it is the poorest Roma who are
emigrating to the Czech Republic.
However the Czech government has
rejected suggestions that it will intervene or send aid to Slovakia.
Fall in numbers of asylum seekers in 2002
On the 12th of February
the Ministry of Interior published a set of asylum data showing that after the
sharp fall in numbers of asylum seekers in 2002, the monthly figure has now
stabilised. Whereas the monthly figure in 2001 did not fall below 1,200, it did
not, with the exception of January, exceed 800 per month last year. In January
2003 the figure rose slightly to 685 from 680 in December. The Ministry
attributes the overall fall in 2002 to the effects of the new asylum law, which
came into force in February 2002.
Concerns over ‘voluntary’ returns to Kosovo
On March 13, 2002, the European
Roma Rights Centre (ERRC) sent a letter to Danish Prime Minister Mr Anders Fogh
Rasmussen to express concern at the measures recently undertaken to put
pressure on Roma from Kosovo to leave Denmark. Specifically the ERRC have expressed concerns over the fact
that returns frequently classified as “voluntary” – are
voluntary in name only and may in fact be abusive returns violating
international law.
ERRC finds that the situation in
the country of origin is not sufficiently secure for the return of Roma. Those
areas in which a bare minimum of protection of minorities has been secured
continue today to be characterised by high degrees of anti-Roma sentiment,
resulting in crippling degrees of racial discrimination. Indeed, tens of
thousands of displaced Roma, Ashkaeli and Egyptians 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, apparently because such arrangements are
preferable to a return to Kosovo. Roma also face severe human rights concerns
in Serbia and Montenegro itself.
ERRC concludes by stressing that
due to the very serious human rights situation for Roma, Ashkaeli and Egyptians
in Kosovo, at present no members of these groups should be returned to Kosovo.
Pressure to participate in "voluntary return" or "voluntary
repatriation" programs, under present conditions, amounts to cruel and
arguably illegal treatment of persons who may have suffered trauma as a result
of treatment in Kosovo.
Full text:
http://www.errc.org/publications/letters/2003/denmark_mar_13_2003.shtml
Following the conclusion of an agreement Denmark begins returning
refugees to Serbia-Montenegro
Following an agreement between the
Danish and Serbian authorities from 8th of March this year the
rejected asylum seekers from the former Yugoslavia who came to Denmark at the
end of the 1990s, are now to be sent home. The Danish police estimate that
around 900 refugees from Serbia-Montenegro who have been refused asylum will be
returned.
Deputy National Police Chief Hans
Viggo Jensen told Danish radio news that a small group of asylum seekers has
already been escorted to Belgrade on so-called ‘compulsory
expulsions’ and that more will follow over the next few weeks, hoping
that the compulsory returns will encourage others to travel voluntarily.
At present if asylum seekers leave
voluntarily they are given 3,000 kroner (about 432 dollars) per adult and 1,500
kroner (about 216 dollars) per child by the Danish state.
Government urged to encourage more immigration of skilled labour to
sustain growth
The Confederation of Finnish Industry
and Employers (TT) has demanded from politicians that Finland must begin to
practice a more active immigration policy in order to ensure the availability
of skilled labour in Finland.
Even if employment could be raised
in the short term through purely domestic measures, TT believes that the labour
force will shrink at such a rapid rate over the coming years that Finland
cannot afford to maintain a welfare state without an increase in foreign
labour. The industrial sector may not face a shortage of workers, as production
will simply be transferred away from Finland, which would spell deterioration
in growth.
TT has urged the government to
simplify the bureaucracy surrounding the work permits and implement competitive
taxation and wages policies.
At the moment, only some 4,000
foreigners work in the Finnish industry.
One hundred Bulgarian asylum-seekers flown home
100 rejected asylum seekers were
flown to the Bulgarian capital Sofia on the 12th of March on a
Finnair chartered flight.
The Bulgarians in question arrived
in Finland in late 2002 and early 2003. Thereafter, they have lived in
reception centres in different parts of the country. Ethnically, the
asylum-seekers are either of Turkish decent or Roma.
This is the first such flight that
has been arranged to escort rejected asylum seekers back to Bulgaria.
Previously, the Finnish police have organised several similar flights to
Romania.
During the first two months of
this year, close to three hundred Bulgarian asylum-seekers have arrived in Finland.
In all of last year, the arrivals numbered only 287. None of the Bulgarians
have been granted asylum.
In their applications, the
Bulgarians have reported racial discrimination in their home country, as well
as difficulties with the local authorities.
Finland prepares to receive hundreds of refugees from Iraq
Finland's refugee
reception centres are busy converting their unused rooms into space that can be
used for the housing of possible refugees fleeing the war in Iraq. Some centres
have already rented more space.
The reception
centres have also been urged to hire more personnel to deal with housing, food,
interpretation, as well as psychological and social counselling. According to Marja
Pentikäinen of the Ministry of Labour, there is now space for 500 people,
and rooms for another 500 can be arranged at very short notice.
Finland has also
upgraded the monitoring of its borders in case of a surge in arriving asylum
seekers. The police, the Frontier Guard, and the Directorate of Immigration
deal with different stages of the asylum application process: the Frontier
Guard conducts the first interviews of the asylum applicants at the border, the
police conduct an investigation into the application, and the Directorate of
Immigration decides on whether or not to grant asylum.
There are 14
refugee reception centres in different parts of Finland, in addition to a small
closed unit in Helsinki.
The Finnish Red
Cross is planning to open a crisis telephone hotline for Iraqis and Kurds
already living in Finland. Pentikäinen says that in recent days she has
received dozens of calls from concerned Iraqis and Kurds.
“The main
purpose is to help people get in touch with relatives in the war zone. There
was a similar service during the Kosovo crisis”, says Aki Väilä
of the Finnish Red Cross.
Preparations are
underway in other areas of Finnish society as well: for instance, the main
library in Helsinki has ordered more Kurdish language books.
Officials have no
precise estimates of how many arrivals there may be. It is not expected to be
thousands of refugees, but preparations have been made for several hundred.
The greatest
pressure is expected at border crossing points on Finland's border with Russia,
in addition to Helsinki-Vantaa International Airport and Helsinki's harbours.
Human rights activists protest decision to expel
African immigrants
Some 400 people
demonstrated in Paris on the 4th of March against the government's decision to
expel 54 illegal immigrants.
Interior Minister
Nicolas Sarkozy said on the 4th of March that the expulsions were
necessary because 500 people were crowded into a temporary holding area for
illegal immigrants at Paris' Charles de Gaulle airport that was designed to
hold 275.
But the protesters
claimed the decision amounted to a resumption of the mass charter-flight
expulsions that were carried out by France for a decade before the government
suspended them in 1996 under pressure from human rights groups.
“This
operation is a breach of the European convention on human rights which bans
collective expulsions” said the Movement Against Racism and for
Friendship Between Peoples (MRAP).
Nevertheless the
French government has pressed ahead, sometimes sharing flights with Spain,
Germany and the United Kingdom. Further flights in April are expected to begin
returning asylum seekers to Romania and Afghanistan
Racist violence more than quadruples in France in
2002
Violent racist
attacks quadrupled in France in 2002 to the highest level in a decade, and more
than half of the assaults were aimed at Jews, a national report said on the 27th
of March.
Assailants carried
out 313 acts of racist violence last year, compared to 71 in 2001, according to
a report by the independent National Consulting Committee on Human Rights.
In the report, the
Committee said 193 of 313 attacks were against Jews and noted a “real
explosion” in anti-Semitic violence. Last year, the group reported 32
acts of anti-Jewish violence.
The Committee said
increased anti-Semitic attacks came against a backdrop of fighting between
Israel and the Palestinians, and added that many of the attackers came from
rundown neighbourhoods on the outskirts of France's cities.
France's large
North African community was also targeted in racist violence. Of 47 attacks against them, 25 were
attributed to the extreme-right. One person of North African origin was killed
- the only death mentioned in the report. The September 11th 2001
terrorist attacks had stirred anti-Muslim sentiment, the report said.
Violence by
France's far-right groups dropped in 2002. Nine percent of the reported attacks
were blamed on the far right, compared to 14 percent in 2001, the report said.
The group also
tallied 992 non-violent but racist acts — such as threats or graffiti
— in 2002, compared to 350 in 2001.
Fingerprinting required for tourist visas
The French
government is requiring applicants for three-month tourist visas to be
fingerprinted in a bid to stop the practice of destroying documents after
arrival, thus making removal difficult because the government cannot prove who
the individual is or where he came from.
Longer period of detention proposed
Minister of
Interior, Nicolas Sakozy is preparing a Bill to combat illegal immigration,
which will include tougher measures and which would be expected to gain
parliamentary approval by the summer recess.
One of the
measures will be to increase the present maximum period of detention pending
expulsion from 12 to 60 days. This is to respond to the concerns that with a 12
day limit, if the migrant has no valid papers and is not cooperating with the
police it is very difficult to establish their identity, hence only one in five
expulsion orders is actually carried out.
Other measures
include: stricter controls on the certificates of reception which are issued by
town halls to enable family and friends of the person living in France to pay
them a short visit and more severe penalties for human smugglers.
Azerbaijanis complain of discrimination and
harassment
A protest by the
500,000-strong Azerbaijani minority, which blocked a major highway for five
hours, was reported on 28th of March. The action was conducted to
protest against discrimination by local Georgian officials against the minority
and the imposition by Georgian customs officials of an unauthorized 34 percent
tax on agricultural produce being transported to Azerbaijan for sale.
Joint border patrols on the German-Czech border
Czech and German
police have launched a joint border patrol operation on the 17th of
February. The patrols are part of a cross-border cooperation Treaty the two
countries signed in 2000.
Four units made up
of German and Czech officers began operating on both sides of the border near
the northern Czech town of Rumburk, 80 miles north of Prague. Each unit
contains three officers - two from the host country and one from the
neighbouring country. The effort will be replicated in coming months along the
entire Czech-German border, said police spokeswoman Eva Haukova.
Second run for Germany’s Immigration Bill
Three months after
Germany's Constitutional Court overturned the country's first-ever immigration
law, Chancellor Gerhard Schröder's coalition government has launched a
second attempt to push it through unchanged. However, Interior Minister Otto
Schily says he is not confident the conservative opposition will allow the Bill
to pass this time.
Germany's
first-ever law to regulate immigration was due to take effect on Jan 1, 2003.
But a month before, the country's Constitutional Court in Karlsruhe overturned
it on a point of procedure.
The Bill was
introduced in an attempt to create a framework to regulate levels of
immigration, to address the concerns that Germany's rapidly aging population
and falling birth rates need steady inflow of migrants to maintain its present
population and the stability of its social system. It would have simplified
residency permit regulations, cutting the current five years down to two. In
addition, it would introduce a range of measures - including compulsory
language and citizenship courses - to help foreigners integrate into
German society.
The Bill also
addressed the concerns of industry and business leaders, who warn that the German
economy is in desperate need of highly qualified and skilled workers. It would
make it easier for foreign students educated at German universities to stay on,
and easier for self-employed foreigners to work. The Bill also includes
provisions for a points system to lure skilled and qualified workers from
abroad.
The draft law
implicitly accepted immigration as a practical necessity. However, at a time
when unemployment is climbing toward the 5 million mark, many Germans
inevitably fear being swamped by foreign labour. The opposition has repeatedly
voiced and even exploited this fear, saying that the law should limit and
channel immigration.
However, Schily
stressed on Thursday that he had already watered down his proposals on a number
of points to get the opposition's agreement. “The whole draft law as it
stands now is a compromise,” he said. He also rejected a CDU/CSU
proposal to limit the scope of any immigration law to measures solely designed
to promote the integration of foreigners. “Immigration and integration
are two sides of the same coin,” he said. “That's why they both
have to be regulated.”
Greek Court
sentences lorry driver to 11 years-jail sentence for carrying 19 Iraqi asylum
seekers
A British
lorry driver is reported to have been sentenced to 11 years by a Greek Court in
Patras for transporting 19 Iraqi refugees in the container of his lorry. The
sentence was handed down less than 24 hours after the Iraqis were found during
a random check at the Patras ferry terminal.
The lorry
driver denied that he knew anything about the refugees and how they could have
got into the sealed container section of his lorry.
The case
raised serious concerns with regard to the right for everybody charged with a
criminal offence to have adequate time and facilities for the preparations of
his defence under Article 6 (3) (b) of the ECHR.
Reported in
the Guardian on 3 April 2003,
http://www.guardian.co.uk/uk_news/story/0,3604,928512,00.html
Detention of
minor seeking asylum for illegal entry
On 10
February 2003, the B’ Misdemeanors Court of Athens sentenced a 17 years
old Iraqi asylum seeker to four months imprisonment for illegal entry in the
country, suspendable upon execution of his deportation. Hormez Wisam, an Iraqi
asylum seeker was arrested by a police officer on the same day of his trial for
lack of legal documents while waiting at a bus stop. His request for
application still dated December 20th, 2002, was invalid and seemed to indicate
that he had not appeared before the Aliens Department as he was supposed to.
Hormez and
his family arrived to Greece on 5 July 2002. When they entered the country
illegally at the northern Greek-Turkish border. On 4 November 2002, Hormez Wisam went to the Aliens'
Department of West Attica in order to submit his application for political
asylum. He filled in the required form, but was not allowed to submit it.
Instead, a civil servant of the Department stamped his application and added,
in hand writing, the date 20 December 2002, for a new appointment when Hormez
Wisam should proceed with his application and have his fingerprints taken. He
came to the Aliens' Department on that date but was again not allowed to submit
his application and was not given a renewal of his appointment in writing. The
following weeks, he tried unsuccessfully to submit again his application but he
was constantly prevented from doing so.
Ever since he
has been held at the detention facilities of the Police Station of Peristeri
area, awaiting deportation, although deportation to Iraq is impossible because
of the current conflict.
http://www.omct.org/displaydocument.asp?DocType=Appeal&Language=EN&Index=2911
Steady rise in Ghanaians seeking asylum
The number of
Ghanaian nationals seeking asylum in Ireland has increased significantly in
recent years, according to official figures released on the 10th of
March.
According to the
Office of the Refugee Applications Commissioner, a total of 657 Ghanaians have
applied for asylum in Ireland since 1999, almost half of whom applied last
year.
The numbers of
applications increased from 25 in 1999 to 106 in 2000, 148 in 2001 and 293 last
year. A total of 67 Ghanaians have claimed asylum in the first two months of
this year.
The statistics
follow weekend reports that a group of mostly Ghanaian stowaways, who were
trying to board a ship bound for Ireland, were arrested in the West African
county of Gambia.
Out of the 69
people arrested by Gambian police, while awaiting the Russian-registered
vessel, 52 were Ghanaians, 11 were Nigerians and two were Gambians. The ship had sailed from the Senegalese
capital of Dakar.
Fingerprint checks yield five matches in the first
six weeks
Following the
introduction of Eurodac fingerprint checks of asylum applicants in Ireland have
yielded five matches in the first six weeks since they were introduced.
Ireland has sent
1,045 asylum fingerprints to be checked against a central database in
Luxembourg since the EU-wide comparison system began operating on January 15th.
It provides for instant checks of the fingerprints of asylum-seekers who have
made claims in Ireland against prints taken in other EU states for the same
period.
The five matches
received by Ireland all related to applicants who had already applied for
asylum in the UK between January 15th and February 24th, according to the
Office of the Refugee Applications Commissioner (ORAC).
If the
print-matching facility shows that asylum-seekers have already made asylum
claims in another EU country, they could be returned to have their claim dealt
with there. A spokesman for ORAC said they are pursuing the cases of the five
people whose fingerprints have been matched with the British refugee
authorities.
Refusal to accept further applications for residency from non-EU
immigrant parents of Irish-born children
The Minister for
Justice has been accused of acting unfairly and arbitrarily by refusing to
accept such applications. Human rights and refugee groups say new restrictions
are a “crude” reaction to a recent Supreme Court decision.
The Supreme Court
ruled in January this year that non-EU national parents of children who are
Irish citizens are not automatically entitled to residency in Ireland. As a
result of the judgment, the Department of Justice has said it will no longer
accept applications from persons for residency based on their parentage of an
Irish-born child. Now non-EU immigrants are allowed to apply for leave to
remain in the State on humanitarian grounds, including parentage of children
born here, but only after they have received a deportation order.
The Irish Council
for Civil Liberties (ICCL) and the Irish Refugee Council yesterday said this
new process “runs roughshod over the rights of Irish child citizens and
deliberately abdicates the duty of the Department to put in place a fair,
transparent and human rights compliant asylum and immigration policy and
process.” Ms Aisling Reidy, ICCL director, said the new system goes well
beyond the Supreme Court judgment and is ‘a very crude’ response.
Mr James
Stapleton, the Irish Refugee Council's policy officer, said a clear and
transparent policy was needed. He said: “Parents of Irish citizens will
now have to wait until notice of a deportation order is given before they can
apply for leave to remain in Ireland. Leave to remain, under the Immigration
Act, is granted on a discretionary basis, and reasons for the refusals do not
have to be given. There is therefore no accountability or transparency in this
system.”
Deportations rise to nearly two a day
The Government has
been deporting illegal immigrants at a rate of almost two a day since the start
of the year, new figures show.
Information in a
written response to a parliamentary question shows that 79 immigrants were
deported up until February 11th, only 42 days into the year. The expenditure of
€64,716 on these deportations follows the expenditure of €1.82
million on 521 deportations last year.
In addition, the
Minister for Justice, Equality and Law Reform, Mr McDowell said immigration
officers refused leave to land to 4,417 people last year.
Mr McDowell said
most of the “removals” were in respect of people refused refugee
status in the State. However, the figures also referred to individuals whose
applications for asylum had been transferred to other EU states.
The data show more
immigrants were deported in 2002 than in other years. There were 365
deportations in 2001, costing €1.17 million, and 187 the previous year,
which cost €431,455. Six deportations in 1999 cost €27,348.
Planes to Nigeria
were chartered in November and March and a plane to Algeria was chartered in
January 2002. There were no charters in earlier years and none to date in 2003,
Mr McDowell said.
Call for an Independent Body to monitor and
investigate race-related incidents
Eight
organisations, including Amnesty International and the Irish Refugee Council,
have called for the creation of an independent body to monitor and investigate
race-related incidents. The groups would like the body to be included as part
of the forthcoming National Action Plan Against Racism. They say many incidents
of racist abuse are not referred to gardai (Irish police force) due to the
“high possibility that perpetrators will not be brought to
justice”. The alliance also says many victims are asylum-seekers or people
with irregular status, who are afraid to draw themselves to the attention of
the authorities. The alliance yesterday published its recommendations for
measures to be included in the national action plan, which the Government is
committed to publishing and begin implementing by the end of the year.
Ireland opens door to EU accession state workers
The Irish
Government has decided to allow citizens from 10 EU accession states to work
without requiring a permit or visa. Tánaiste Mary Harney said she
decided not to implement a clause, which would deny workers free access to the
Irish labour market for up to seven years, as a sign of support for
enlargement, adding however that the Government could withdraw this right for
accession-state workers if the labour market deteriorated.
The Minister for Justice rejects criticism by UN of
the Immigration Bill
The Minister for
Justice has rejected a claim by the United Nations High Commission for Refugees
that asylum-seekers would be forced into the hands of smugglers and traffickers
by the introduction of fines for carriers bringing undocumented migrants to the
State.
In a document
circulated to politicians in the third week of March, it predicted that the
Bill's provision to fine airlines and ferry companies which transport undocumented
migrants to the State will drive refugees into the hands of smugglers and
traffickers, as has happened in other states and therefore carriers should be
exempt from the fines of up to €3,000 per immigrant if the person they
transport is an asylum-seeker or refugee.
Mr McDowell said
he welcomed UNHCR's comments on the Bill and recognised the important role of
its Dublin office in working with his Department and other bodies to examine
individual asylum claims and develop both practical and policy aspects of
asylum in Ireland.
However he did not
accept UNHCR's criticism that this measure would force asylum-seekers into the
hands of people-smugglers. “The fact is that this branch of international
organised crime already has a firm grip on that traffic, and I make no apology
for putting in place a system which will make that particularly reprehensible
form of exploitative activity more difficult for the criminals who engage in
it.”
He said that the
UNHCR's suggestion to exempt carriers from fines where the person brought to
the State without proper documentation is an asylum-seeker would “make
the proposed controls unworkable and encourage the making of false asylum
claims at an even higher rate than, sadly, exists in Ireland at present.”
“Such an
arrangement would, as well as offering carriers an easy means of circumventing
the controls, act to the detriment of those genuinely in need of protection by
overburdening the resources of the independent bodies which examine asylum
applications with speculative and unfounded claims.”
Mr McDowell added
that the Bill did not compromise the State’s international obligation,
stating that “the Government is committed to co-operating with UNHCR in
ensuring that those who are genuinely in need of the protection of the State
get that protection as soon as possible after they arrive in the State.”
Roma refugees from Kosovo refuse to leave
More than 1,000
Roma refugees from Kosovo who have lived in a UNHCR camp outside Skopje since
the 1999 Kosovo crisis refuse to leave the camp. The UNHCR set a deadline of 31
March for the refugees to go and promised them financial aid in seeking private
accommodations in Macedonia. The refugees want either to stay in the camp or to
return to Kosovo. They accuse the UNHCR of being unable to guarantee their safe
return. Meanwhile, Interior Ministry spokeswoman Mirjana Kontevska acknowledged
that “no concrete steps have been taken either for the refugees’
return to Kosovo or for their integration.” Currently, some 2,700 refugees
from Kosovo are living in Macedonia.
Displaced Macedonians fear recent arson attacks
signal campaign to deter returns to ethnic Albanian areas
Reports at the end
of February of arson attacks on the homes of returning Macedonians have
re-ignited fears of increasing tensions and concerns over security in the area.
Vojce Zafirovski,
Senior Advisor on police issues at the interior ministry, played down the
danger. “These are the latest attempts of certain individuals and
extremist groups to put pressure on citizens of Macedonian ethnic origin to
move out of the crisis regions,” he told IWPR.
Jana Petrusevska,
President of the Association of the Temporarily Displaced Persons, said the
arson attacks - five over the last couple of months - made coexistence in the
crisis regions impossible.
Full article:
http://www.iwpr.net/index.pl?archive/bcr3/bcr3_200302_410_4_eng.txt
In Moldova a
“Law on the Status of Refugees” came into force from 1st
January 2003. The Main Directorate for Refugees (MDR) under the Ministry of
Justice will implement the refugee status determination procedure. UNHCR has
been training MDR staff who are ready to issue temporary documents pending
amendments in Moldovan law concerning issuing national documents and the passport
system. UNHCR will continue to offer material and legal assistance to asylum
seekers and refugees in Moldova and will monitor the implementation of the 1951
Convention and the new law.
Human Rights Watch criticises Dutch asylum policy
Human Rights Watch
has released a report urging the Dutch government to bring asylum policy back
in line with international standards.
The 33-page
report, ‘Fleeting Refuge: The Triumph of
Efficiency Over Protection in Dutch Asylum Policy,’ raises
concern about recent policies adopted to hasten the processing of asylum claims
at the expense of the protection needs of refugees. It is based on three months
of research involving reviews of dozens of transcripts and decisions in asylum
cases, and extensive interviews with asylum lawyers, humanitarian and human
rights organizations, and representatives of the Dutch immigration agency.
Human Rights Watch highlights 3 main concerns: violations of the right to seek
asylum in a routinely-used accelerated determination procedure; the improper
treatment of migrant children and restrictions on asylum seekers' rights to
basic material support, including food and adequate housing.
The report
includes detailed recommendations intended to assist any new government in the
effort to ensure that asylum and immigration policies comply with the
Netherlands' international and regional legal obligations.
Full report can be
found at: http://www.hrw.org/reports/2003/netherlands0403/
Closure of asylum centre blocked by Court
On 24 February
2003, the court of Leeuwarden ruled against the closure of an asylum centre on
the island of Ameland in the north of the country. This decision grants the residents of the asylum centre an
injunction against the National Asylum Organization (COA), reversing an earlier
decision that the centre should close.
In December 2002,
the COA announced that it was going to close the centre on the Wadden Sea
island because of a drop in the number of asylum seekers applying to stay in
the Netherlands. The COA wanted to move the asylum seekers from Ameland to
another facility on the mainland.
The residents
objected stating that they had well integrated with the island community and
requested that their children be allowed to finish the school year on the island.
The group composed
of 58 asylum seekers had lost three previous legal cases on the matter this
year. The court on these three occasions had ordered the asylum seekers to
leave the centre.
http://www.expatica
Speeding up decisions on asylum applicants through
‘sorting’
The Immigration
Directorate (UDI) plans to sort asylum seekers by nationality, and expel
certain groups without allowing them access to legal assistance. Trygve Nordby,
head of the UDI, says that confidence in the principle of asylum is threatened
because so many more asylum seekers are arriving than the UDI can manage to
process. This is why he wants to introduce greater differentiation in the
processing of applications, depending on where the applicant comes from. The
Local Government and Regional Affairs Ministry is currently working to develop
various ways to tighten up the regulations.
Tougher conditions for asylum seekers
The Directorate
for Immigration (UDI) no longer wants to supply board and lodging for asylum
seekers who have been denied asylum because their applications were deemed to
be unfounded.
Today, between
2000 and 3000 asylum seekers are living in transit centres because the police
have been unable to expel them.
The director of UDI, Trygve Nordby hopes an increasing number will now
leave of their own free will, as they will lose the right to free board and
lodging.
Mr Nordby also
hopes the number of refugees arriving in Norway without a real need for asylum
will drop, once it becomes known that free room and board will no longer be
given those whose unfounded applications have been turned down.
Nearly 16,500
refugees are now living in Norwegian asylum centres, the highest number yet.
Iraqi refugees warned against returning home
Iraqis with
refugee status in Norway may not be able to return to Norway if they go back to
Iraq to take part in the war against US and British forces. The Iraqi embassy claims that more than
a thousand Iraqis in Scandinavia have requested assistance in order to be able
to return to Iraq to take part in the war. However, representatives for Iraqi
refugees in Norway doubt that people would return to fight for the Iraqi regime
and believe that the statement from the embassy is pure propaganda
Others say that a
number wish to return to Iraq in order to find out what is happening to
relatives, with whom they have lost contact after the war started.
Municipal Minister
Erna Solberg warns that Iraqi nationals with Norwegian residence permits,
returning to Iraq to fight in the war, risk losing their refugee status. Most
people will have difficulty accepting that someone is returning to fight for a
regime that he or she has received protection from, through asylum in another
country, Solberg says.
New Refugee Organization Formed
In March 2003, The District Court of
Warsaw has finally granted the newly formed Refugee Association of Poland its legal status. The organization
waited over a year from when its papers were first submitted to a court
commission. The main task of the association will be to act as an effective
bridge between their host country and the refugee community. They will utilize
available channels to help refugees through education and cultural and
informational exchanges.
This decision comes as a significant
step in Poland’s aspiration to join the European Union as the refugee
phenomenon is a sensitive subject.
Poland has become a significant way station for many refugees, both
inside and outside of the region.
http://www.warsawvoice.pl/view/1757
New Immigration Law comes into force
In March 2003, the new Immigration
Law (No. 34/2003) aiming at regulating the entry of foreign workers came into
force.
Under the new law, foreigners wishing
to work in Portugal will have to apply at the Portuguese embassies in their
home countries. The number of foreign workers granted entry will very much
depend on a biannual report on manpower needs for the various sectors of the
country’s economy, drawn up by the Institute of Employment and
Professional Training.
The new law also introduces new rules
on family reunification. A foreigner will be allowed to sponsor the entry of
family members one year after being in possession of a residence permit.
Residency rights of family members will be dependent on the situation of the
sponsoring member for two years. An autonomous residence permit will be granted
to such family members only after this period, which is a condition meant to
combat marriages of convenience.
In addition to that, the text
introduces tougher penalties to combat illegal migration and the employment of
foreigners without authorisation to work. It also imposes higher fines on
traffickers responsible for exploiting or trafficking irregular migrants and
requires them to pay for them to stay in Portugal pending repatriation
procedures as well as the repatriation costs.
Number of political asylum seekers drops in the last
two years
The number of
political asylum seekers in Romania dropped in the last two years thanks to
improvements in the legislative sector, the representative of the Romanian
National Office for Refugees, police officer Vasile Dragoi said during a
meeting of the Interior Ministry's Committee for Social Dialogue on Thursday 27
March.
“One
thousand new asylum requests were made in 2001, of which 350 were made by Iraqi
citizens. Other requests came from Indian, Syrian and Pakistani citizens. A
decrease of 54 per cent of asylum requests was registered in 2002,” said
Vasile Dragoi.
The same decrease
in the number of asylum seekers was also registered in all other European
countries, except for Britain and Ireland.
Mr Dragoi also
said that the procedure of granting asylum status takes between four and five
months. After granting political asylum, the social integration of refugees
lasts 9 months - the refugees attend courses, learn the Romanian language, are
trained for different jobs and are granted a monthly social allowance equal to
the Romanian minimum wages. Non-Governmental associations which last year
carried out programmes worth 500,000$ are also involved in this social
integration process. At this time, the National Office for Refugees cooperates
with nine Non-Governmental Organizations in Romania.
When handing in
the political asylum applications, the foreign citizens must have files
containing documents that should prove their identity, nationality and their
country of origin. In many cases these documents are missing and the
representatives of the National Office for Refugees and the courts of law
interview the asylum seekers. Interpol data are also used for these checks.
The President
consolidates the security agencies
In a series
of presidential decrees issued on 11 March, President Putin initiated a major
reorganization of the country's security agencies. Putin disbanded the Federal
Agency of Governmental Communications and Information (FAPSI) and the Federal
Border Guard Service (FSP), incorporating both of these agencies into the
Federal Security Service (FSB). In addition, Putin abolished the Federal Tax
Police Service (FSNP) and transferred its functions to the Interior Ministry.
Migration
Service works to control the influx of foreigners.
On 12 March
Andrei Chernenko, head of the Interior Ministry's Federal Migration Service,
briefed reporters in Moscow about an experimental special operation called
"Rezhim" that his service is conducting in three regions -- Moscow,
Moscow Oblast, and Krasnodar Krai. Some 51,000 citizens of countries of the
former Soviet Union and 4,000 people from outside the former Soviet Union have
so far been found to be in violation of immigration laws, and 500 people have
been expelled from the country under the program. The service started issuing
new migration cards to foreigners entering Russia on 14 February, and Chernenko
reported on 27 February that more than 300,000 cards had been issued. According
to Chernenko, only one in three foreign citizens arriving in Russia leaves when
he or she should, which, he said, suggests foreigners "must be subject to
control."
Migration cards introduced
Russia has begun
to issue migration cards to foreigners entering the country in order to curb
the number of irregular migrants. Reports say that up to 3.5 million foreigners
are estimated to be living in the country illegally, most of them from former
Soviet republics and developing countries. Foreigners who are already in Russia
have 90 days to obtain their cards from the local police.
Russian officials
say that the illegal migrants account for 40% of all crime, and cost the
country billions of dollars in unpaid taxes and fraud. They believe the new
card will establish an accurate system of immigration control and allow them to
regulate the labour market.
These documents do
not entitle holders to any benefits and are not substitutes for ID cards. They
consist of two parts, one of which will be kept by the immigration authorities.
Holders are expected to keep the other part with them at all times.
There is
uncertainty among those who hold multiple-entry one-year visas. Under the law
holders of these visas need only to register with the passport and visa
department once. The law also obliges visitors to obtain a migration card each
time they arrive in Russia and surrender it upon departure.
Tougher rules for visas
The authorities
are placing restrictions on visas longer than three months, and the
visa-support agencies that have offered six-month and one-year visas for the
past decade are among the first to be affected.
Amongst those
affected are commercial visas for people working in Russia, which are issued
for three, six and 12-month stays. Three month visas come with single or double
entry requirements, while six and 12 month visas allow holders to leave the
country and return as many times as they desire.
Foreigners
travelling with tourist visas will be limited to one-month visits as of April
14. Multi-entry one-year visas will be granted more restrictively, as one visa
agency has been told by the visa officials “only directors are qualified
for multi-entry visas”.
The stiffer rules
are being implemented as part of a new law on entry and exit from Russia that
will come into force on April 14, said Alexander Smirny, head of the federal
passport and visa department. He said the aim is to keep better track of the
activities of foreigners on Russian soil - primarily to make sure that their
entry is consistent with the visa.
Visa-support
agencies and lawyers warned, however, that the rules threaten to create a visa
nightmare in which expatriates are forced to leave the country every three months
for new visas. If this happens, they said, foreign investment might drop
significantly.
Total number of refugees at above half a million
On the 21st
of February the Interior Ministry‘s Federal Migration Service stated that
a total of 505,700 refugees and displaced persons were residing in Russia at
the beginning of this year. The largest group was 217,300 Kazakhs (43%),
followed by 65,200 refugees from Uzbekistan (12.9%) and 45,000 from Tajikistan
(8.9%). More than 80,000 (16.3%) were IDPs fleeing unstable regions such as
Chechnya.
Southern
Russia’s migrants face deportation
Meanwhile the
authorities in Krasnodar are planning tough new measures against south
Caucasian immigrants and are planning to open a new centre by April or May in
the Black Sea port of Sochi to enable them to deport hundreds of foreigners as
part of an ongoing crackdown on immigrants in southern Russia. Alexander
Sidorenko, deputy governor of Krasnodar, said in an interview that 15 million
roubles (around half a million US dollars) had been allocated to build a new
centre to house around 100 "illegal immigrants" - most of whom arrive
from the South Caucasus - prior to their deportation, adding that the centre's
inmates would be given "acceptable living conditions". A campaign of
deportation will hit hundreds of unregistered immigrants very hard, many of
whom have fled the conflicts of the south Caucasus. In Sochi they are several
thousand Georgians from Abkhazia alone, most of whom have nowhere to go back to
until a political settlement is reached between Tbilisi and Sukhumi.
Kabardino-Balkaria
clamps down on refugees
Chechen
refugees trying to settle in Kabardino-Balkaria cannot get registered in the
republic, despite backing from the highest court in the land. Last month, the
Supreme Court ruled, for the third time in just over two years, that new
regulations restricting the rights of immigrants were illegal under Russian
law.
Around 4,500
immigrants have registered officially in the region, while at least 12,000 are
continuing to live illegally, and pay regular fines to the law enforcement
authorities. In most cases the incomers are Chechens taking refuge from the
conflict in their native republic. They maintain that it is almost impossible
to get legal residence in Kabardino-Balkaria, which lies just to the west of
Chechnya. Yet there is no legal reason why they should be put through such an
ordeal. The old "propiska" compulsory registration system was
scrapped in Russia in 1997, and a Russian citizen now only has to inform the
local authorities that he intends to live at a certain address. Officials said
that the tougher registration laws came from an act passed by the local
parliament on December 26 last year. The new legislation does not allow
immigrants to register permanently. It instead orders the local authorities
"to halt the registration of marriages if a person getting married is not
permanently registered on the territory of the republic", and also decrees
that a child born to parents living in the area unofficially cannot be
registered either.
Trouble
started when the parliamentary acts were declared illegal on March 13, when the
republican Supreme Court ruled that the most recent law contradicted federal
legislation. This was not the first time the court has struck down legislation,
which has been voted through parliament. A previous bill restricting
immigration was annulled in November 2000 and another law restricting the right
to be registered was cancelled in July last year.
Kabardino-Balkaria
is not alone in defying the courts. For the past eight years or so, ever since
the first Chechen campaign began in 1994, the city of Moscow and its outlying
region - as well as the southern areas of Krasnodar and Stavropol - have
restricted registration rights for migrants. They have continued to do this
despite the federal government's strong efforts to bring regional legislation
into line with its own.
The
Kabardino-Balkarian parliament's legal officer Aslan Khamukov conceded in court
that the measures the assembly had adopted "are not compulsory and are of
a recommendatory nature".
PACE
The
Parliamentary Assembly of the Council of Europe at its spring session in
Strasbourg adopted on 2 April a resolution and a recommendation on human rights
in Chechnya, both of which are posted on its website
(http://www.assembly.coe.int). The resolution notes that the main reason why
human rights abuses both by Russian servicemen and Chechen fighters continue is
that they are seldom, if ever, punished. It calls on Chechen fighters to stop
terrorist activities immediately and renounce all forms of crime; for better
control of Russian armed forces and compliance with human rights conventions,
including during search operations; and for greater cooperation from the
Russian authorities in apprehending and bringing to justice persons suspected
of committing human rights abuses in Chechnya. The recommendation acknowledges
the Council of Europe's "dismal" failure to effect an improvement in
the human rights situation in Chechnya, and proposes that if the Russian
government fails to intensify its efforts to preclude further human rights
abuses in Chechnya, the Council of Europe's Council of Ministers should propose
that the international community consider setting up an international tribunal
to investigate alleged war crimes in Chechnya and bring to trial those
suspected of committing them. Russian representatives condemned PACE's
resolution and the head of the Russian delegation in PACE Dmitry Rogozin said
on April 3 that Russia would stop cooperating with PACE on Chechnya issues.
Controversial
referendum in Chechnya
On 23rd
March a controversial referendum took place to vote on the new constitution of
Chechnya. Before the referendum, NGOs, Human Rights’ monitors and the
former PACE rapporteur on Chechnya, Lord Judd, all spoke out against holding a
referendum until security had been established in the republic.
As the
referendum took place human rights organisations reported that displaced people
from Chechnya living in camps in Ingushetia were pressurised by Russian
authorities to vote, whilst the rebel Chechen President, A Maskhadov urged
Chechens to boycott the vote.
The results
of the referendum were just as controversial with nearly nine out of 10 people
living in the war-shattered Russian republic of Chechnya turning out to vote
for a new constitution, according to final results released by the Chechen
electoral commission. Chechens also voted on whether to approve the creation of
the post of prime minister and parliament and those two bills were also
overwhelmingly approved -- with 95.4 percent and 96.05 percent approval
respectively.
Reporters in
Grozny have contested the turnout claims, testifying that they saw relatively
few voters in polling stations. Human rights groups have also criticized the
vote. Western capitals and most international bodies refused to send observers
to monitor the poll in order to avoid endorsing its validity.
A full statement
was issued by the International Helsinki Federation for Human Rights and can be
seen at:
http://www.ihf-hr.org/appeals/2003en_report_russia_html.htm
Ingushetia struggles with refugee burden
Local people in
Ingushetia are flooding the courts, demanding overdue compensation for housing
refugees from neighbouring Chechnya. The dispute is threatening the republic
with financial ruin and putting the relations between Ingush and Chechens under
strain.
Since the second
Chechen war began in 1999, thousands of Ingush have put up Chechen refugees in
private accommodation, signing contracts with Russia's ministry for migration.
But the migration
agency of the Ingush interior ministry, who has the responsibility of paying
off the debts owed to landlords does not have the funds to do so. Ingushetia is
one of Russia's poorest regions. It has an unemployment rate of 85 per cent and
the highest infant mortality rate in the country. According to official figures, of 64,000 Chechen refugees
still in Ingushetia, just under half have found accommodation independently,
and a third rent housing from locals.
Refugees afraid to return to Chechnya from Ingushetia
Officials from the
Non-Governmental Organization Vesta, a partner of the UN High Commissioner for
Refugees, polled 93 families that returned to Chechnya from the Iman tent city
in Aki-Yurt, Ingushetia, which was closed in December 2002.
The refugees said
that none of them had received the 20 rouble state benefit they were promised,
in spite of the fact that each of the families had the appropriate documents.
Their needs for heating, sanitary and hygienic conveniences, and electricity
and gas supplies are not being fully met, the release reads.
More problems identified over Kaliningrad
Further problems
have now been identified over the technical details of the agreement aimed at
ensuring easy transit to Russian citizens travelling between Kaliningrad - the
Russian Baltic enclave - and the mainland through the territory of Lithuania, a
future EU member.
According to the
agreement reached at the EU-Russia summit, Russians wanting to pass through
Lithuania will need a Facilited Transport Document (FTD) accompanied by an
internal passport.
An additional
facilitated procedure (FRTD) was also agreed for railway travel. Russian
passengers’ personal data would be collected when buying a ticket and
forwarded to Lithuanian authorities who maintain the right to refuse entry into
its territory for any person on the list.
The latter
procedure tends to cause most complications at the technical level. As the
Russian side would like to reduce the period between applying for a ticket to
handing over the FRTD document, Lithuanians are striving to keep control over
the traffic through their territory and the right to refuse the FRTD to a non
grata person.
Further talks at
the end of March broke down in Brussels, after a five-hour-long trilateral
negotiation - expected to wrap up the technical talks on the political
agreement reached at the latest EU-Russia summit in November - in fact, reached
stalemate and no final agreement was reached.
Thousands of displaced Serbs are struggling to
survive
A lack of
registered refugee camps in Serbia is forcing people to live in appalling
conditions and without any legal status. With thousands of Serbs fleeing from
Croatia, Bosnia and Kosovo the camps were not big enough to accommodate all
those groups and thousands of displaced persons broke into empty factory
premises and warehouses in order to seek shelter.
According to UNHCR
there are 62 unregistered camps, with more than 3,500 inhabitants, in a number
of municipalities and there are nearly 300 recognised refugee centres, which
are home to around 22,000 people.
While those living
in unofficial camps are getting some form of help, it is minor when compared to
the aid given in the official ones, where UNHCR covers the residents' living
costs.
For those who live
in the latter, food and other assistance is available - but more importantly,
the refugees are given an identity card which allows them to seek employment
and qualify for health insurance.
Full report:
http://www.iwpr.net/index.pl?archive/bcr3/bcr3_200302_405_4_eng.txt
Modernising border controls
Slovakia will
receive 48 million euros ($52 million) from the EU to monitor its border with
Ukraine and combat illegal immigration. Slovakia needs to build a new border
control system equipped with radios and infrared sensors as a condition for
accession to the EU.
Tibor Mako, head
of Slovakia's border police, said some 2,399 irregular migrants, mostly from
Bangladesh and China, were found trying to cross the Slovak-Ukrainian border in
2002, 450 more than in 2001. In 2000, police caught 6,000 people trying to
cross the border illegally.
Almost 83% of asylum seekers
‘disappeared’ last year
On the 11th of
February the UNHCR Liaison Office in Bratislava expressed concern over the very
high proportion of asylum applications whose processing has stopped because the
persons concerned have ‘disappeared’. Of the 9,743 asylum seekers
registered last year no less than 8,053 had disappeared from refugee camps in
Slovakia. They are presumed to have crossed into the Czech Republic or Austria.
In 2002 in
Slovakia only 20 asylum seekers were granted refugee status last year and 309
applications were refused.
9,000 Bosnian refugees to be sent home
Sweden plans to
send some 9,000 Bosnian rejected asylum seekers back to Bosnia.
The announcement
was made on the 11th of March after a meeting between the Swedish
Migration and Aid Minister Jan O. Karlsson, the Bosnian Foreign Minister Mladen
Ivanic and the Minister for Refugees, Mirsad Kebo. He also pledged continued
Swedish support for rebuilding Bosnia, which he said totalled some 25m dollars
annually.
Amnesty International criticises Swedish decision to
freeze Iraqi asylum cases
Following the
start of the war in Iraq Sweden decided to put on hold any asylum decisions
concerning Iraqi refugees. The only exception will be made for minors who
arrive in Sweden unaccompanied and will be granted permanent residency status.
The Board of
Immigration has said that all other cases will continue to be investigated in
the meantime, but no final decisions will be taken until the outcome of the war
is known. It argued that the outcome would determine if there was cause for
asylum.
“But nobody
knows how long the war is going to last or what is going to happen after the
war is over. It could take a long time before the situation in the country is
safe enough for people to really return,” Madelaine Seidlitz, in charge
of Swedish Amnesty's refugee division, said in comments posted on the group's
website.
“This is the
equivalent of putting the lives of vulnerable people on hold. The Board of
Immigration should make a decision on each individual case depending on how the
situation is now, not how it could be”.
She said the
agency's decision was inconsistent and surprising, noting that before the war
broke out Sweden sent Iraqis back to northern Iraq on the grounds that the
situation there was safe at the time.
Another proposal to limit immigration
A far-right
political party, the Swiss Democrats, has launched a new proposal aimed at
limiting immigration to Switzerland from outside the European Union by linking
it to the number of people leaving Switzerland.
The group has 18
months to collect the necessary signatures to force a nationwide vote on the
issue.
Switzerland-Senegal repatriation agreement thrown out
by the Senegal Parliament
The Senegal
Parliament has rejected the asylum repatriation deal with Switzerland, which
would have allowed the latter to deport asylum seekers to holding centres in
that country citing widespread public opposition.
The deal was
signed in Dakar on 8 January by the Swiss justice minister, Ruth Metzler, and
Senegalese officials and was hailed by Switzerland's Federal Refugee Office as
a great success. Under the deal, West African asylum seekers who had refused to
declare their identities would have been deported directly to Senegal if their
applications were rejected. Once there officials would have established their
identity and returned them to their countries of origin.
Series of new Immigration, Citizenship and Asylum
measures come into force in March and April 2003
The
Immigration and Asylum Appeals (Procedure) Rules 2003 came into force on 1
April 2003
http://www.legislation.hmso.gov.uk/si/si2003/20030652.htm
The Asylum
Support (Amendment) Regulations 2003 came into force on 3 March 2003. The
regulation provides for additional weekly payments for pregnant women and
children under the age of 3.
http://www.legislation.hmso.gov.uk/si/si2003/20030241.htm
The
Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 came into
force on 10 April 2003
http://www.legislation.hmso.gov.uk/si/si2003/20030801.htm
Tighter
Citizenship laws enter into force
On 1 April 2003, Section 4 of the Nationality and
Immigration Act 2002 came into force giving the power to strip UK citizenship
from people with dual nationality who act in a way that is seriously
prejudicial to the UK’s vital interests or if it was obtained by
deception.
http://194.203.40.90/news.asp?NewsID=260
Court of
Appeal rejects the Home Office’s appeal on Section 55 of the Nationality
and Immigration Asylum Act 2002
On 19 February
2003, High Court judge, Collins J., ruled that the denial of state support to
late applicants for asylum would leave them destitute and at risk of inhuman
and degrading treatment. Following that ruling, the Home Office appealed
against this decision with the Attorney General taking the appeal on behalf of
the government. On 18 March 2003, the Court of Appeal dismissed the
government’s appeal stating that Collins J was correct to conclude that
the test cases under consideration were vitiated as a result of deficiencies in
the procedures.
In its ruling, the
Court analysed two important issues. The interpretation of what is meant by
‘reasonably practicable’ and what procedures safeguards, if any,
the section requires in order to make it compatible with the European
Convention on Human Rights as applied by the Human Rights Act 1998.
The Respondents
submitted that the test of what is reasonable had to take account of the
subjective state of mind of the asylum seekers as in most cases they would have
relied on agents who are often concerned to get their charges through
immigration without detection.
The Court defined
the test of whether an asylum seeker has claimed asylum as soon as reasonably
practicable as follows: “On the premise that the purpose of coming to
this country was to claim asylum and having regard both to the practical
opportunity of claiming asylum and to the asylum seeker's personal
circumstances, could the asylum seeker reasonably have been expected to claim
asylum earlier than he or she did?” The judges agreed with Collin’s
J. conclusion that, when doing the test, it is right to have regard to the
effect of anything that the asylum seeker may have been told by his or her
facilitator.
With regards to
the relation between Section 55 and the Human Rights Act 1998, the issue was
whether and in what circumstances an asylum seeker falling foul of section 55
(1) would be given support in order to avoid violations of Article 3 or Article
8 ECHR.
By examining
Article 3, the Court found that regime imposed on asylum seekers, who are
denied support by reason of article 55 (1), to constitute
‘treatment’ within the meaning of Article 3. The imposition by the
legislature of a regime, which prohibits asylum seekers from working and
further prohibits the grant to them, when they are destitute, of support,
amounts to positive action directed against asylum seekers and not to mere
inaction.
The Judges
disagreed with Collins J. on the real risk test. They did not consider that the
fact that an individual asylum seeker was denied assistance would involve a
real risk test issue violating Article 3. The Court added that the burden was
on the applicant to show that such support is necessary to avoid being
subjected to inhumane or degrading treatment or punishment. Article 8 followed
the same rationale of Article 3. The burden is on the applicant to show that
such support is necessary to avoid a breach of article 8 ECHR 'right to private
and family life'.
With regards to
Principle of Fairness, the Court found that the system had not been fair or
operated fairly by the Secretary of State; hence, the appeals were upheld. The
lack of fairness was reflected in different procedures. The screening interview
was not explained to the applicant clearly and the applicant’s state of
mind was not taken into consideration. The Court added that interviews should
be more considerate and analytical rather than having staff simply completing a
standard form questionnaire. In addition, before reading the declaration that
an application was not made as soon as reasonably practicable, the applicant
should be given the opportunity of further explanation, something which the
system is lacking.
As regards the
right to appeal under Section 55, the Court found that the right to appeal on
judicial review under the system being operated did not satisfy 'Right to a
fair and public hearing within a reasonable time before an independent and
impartial tribunal', as per Article 6 ECHR. The Court concluded that if the
proposed 'radical overhaul' of the current process is carried out, there is no
reason why section 55 should not operate effectively.
http://www.courtservice.gov.uk/judgmentsfiles/j1638/q_vs_home.htm
Further limits to rural accommodation centres
The government's
trial plans to introduce a national network of rural asylum accommodation
centres suffered a fresh blow when the Home Office announced on the 11th
of February it was abandoning three sites located in South Glamorgan, near
Edinburgh, and in Lincolnshire.
Instead it is to
open a smaller centre on the site of an old naval base at HMS Daedalus at
Lee-on-Solent near Gosport, Hampshire. This will house 400 single male asylum
seekers on the edge of an urban area. Two 750-place centres are still to go
ahead on earmarked sites at Bicester, Oxfordshire, and RAF Newton,
Nottinghamshire.
“Highly Skilled Migrant Programme” attracts
3000 applications
A scheme to
encourage the brightest and richest foreigners to come to Britain has attracted
almost 3,000 applicants in its first year.
Figures published
by the Home Office show that 1,414 applications to enter Britain under the
“highly skilled migrant programme” have been approved. Indians are
the biggest group seeking to take advantage of the policy, followed by
Americans and Nigerians.
The success rate
of applicants varies a great deal between countries. The figures show that 231
of the 440 Indian applicants have been approved but only 34 of the 300 Nigerian
applicants. However, 336 of the 374 applications from US citizens and 98 of the
151 from Australians were granted by immigration officials. The figures show
that 61 of 199 applications from Pakistanis have been accepted and 37 of 60
from Chinese. Applications have come from all over the world, including 49 from
Iran, 24 from Iraq and 102 from Zimbabwe.
Applicants are
given points linked to their educational qualifications, work experience and
past earnings. Successful applicants can come to Britain to seek work.
The scheme is
intended to attract highly skilled and high-earning migrants to fill skills
shortages. It differs from the work permit system, under which an employer must
get a permit for individuals allowing them to work in the country.
Compulsory HIV tests for all immigrants
The Government is
planning to introduce compulsory HIV tests for immigrants after the number of
new cases rose by 26 per cent in one year.
According to The
Times Home Office and Health Department officials are drawing up plans to
introduce HIV and TB screening for everyone who wants to move to Britain. A
positive test will not necessarily be a barrier to entry, since ministers are
concerned that the measure should not be seen as an attack on asylum-seekers.
However, the move may be combined with measures to restrict access to the NHS
for those with pre-existing conditions.
Downing Street
refused to confirm the decision but a spokesman said: “We know people are
arriving in Britain with diseases such as HIV, hepatitis B and TB. There is no
doubt we have to deal with this issue.”
Full article
http://www.timesonline.co.uk/article/0,,2-574592,00.html
The numbers of child asylum seekers is on the rise
Children as young
as three are arriving in Britain without their parents to seek asylum because
of fear of persecution in their home countries. Figures from the Refugee
Council show that at least 286 children aged 12 and under claimed asylum last
year after entering the UK, almost twice the number in 2001.
Most of the
children who are seeking asylum are from countries torn apart by conflict that
has brought the death or imprisonment of their parents. Home Office figures
show that 3,469 people under 18 entered Britain without their parents in 2001,
an increase of 25% on 2000. Most were in their late teens and came from Iraq,
Kosovo, Afghanistan and Somalia.
However, concerns
have been raised that some families may be exploiting the asylum system by paying
for their children to start new lives with relatives or friends in Britain. Of
the younger children referred to the Refugee Council last year for welfare
purposes, 15 were aged eight, 11 were aged seven, five were aged four and nine
were aged three.
UK government curtails protection for Iraqis
Changes have been
made to the handling of asylum claims from Iraqi nationals.
The period of
Exceptional Leave to Remain (ELR) of four years, which was normally granted,
has been reduced to 6 months for Iraqis due to the “uncertain situation
surrounding Iraq”. The new policy will be kept under review, according to
the Home Office Immigration and Nationality Directorate (IND).
A change has also
been made to the way in which asylum applications from Iraqi nationals from the
Kurdish Autonomous Zone (KAZ) are made. According to the advice from IND:
“In appropriate cases, [the Home Office] will be considering the
possibility of internal relocation within the KAZ where an applicant can show
they have a well-founded fear in their home area... At the present time, we
will not be applying the option of internal relocation to the KAZ for
applicants from Government controlled Iraq.”
Both changes took
effect from 20th February 2003.
Applications from
Iraqi nationals have increased recently. From January to September last year,
there were 10,560 applications made in the UK by Iraqis. During the same
period, 5,431 Iraqi asylum applicants were granted exceptional leave to remain.
Plans to send asylum seekers to Albania
All asylum seekers
arriving in Britain may be sent to Albania, under new Government plans to curb
the flow of economic migrants to this country. Ministers plan to fly incoming
refugees to Albania and house them in specially built detention centres while
their claims are processed.
Although the Home
Office hopes to build the camps in conjunction with other European Union
nations, ministers are determined to press ahead independently should they need
to, in an effort to stem the number of asylum seekers arriving in Britain. If agreement is reached to pilot
“designated centres” in Albania, other southern and eastern
European countries will be approached and plans are already being drawn up for
processing camps in Croatia.
Ministers believe
that the scheme would be legal under Britain's international obligations, which
do not require them to offer asylum seekers a home or social security but do
prohibit “inhuman or degrading treatment” of refugees. Officials
argue that as long as they are sending claimants to somewhere where they will
not be persecuted and where they will be provided with food and clothing,
Britain will be fulfilling its legal duties. However, when presented at the JHA
Council meeting in Athens it received a lukewarm response, with countries being
sceptical as to whether this plan could work in practice, although some
countries (Italy, Spain, Belgium and Netherlands) did support it. Furthermore,
Amnesty International have criticised the scheme and doubted its legality,
while UNHCR and a number of NGOs are either sceptical or firmly opposed to it.
http://www.statewatch.org/news/2003/apr/10safe.htm
Language tests to help in determining nationality of
asylum seekers
Language tests
were introduced on the 12th of March for a trial period of a month to
crack down on false claims from asylum seekers posing as Iraqis, the Home
Office announced last night.
Each asylum seeker
claiming to be from Iraq will be asked to undertake a taped interview about
where they have come from. They may be asked to describe local customs, such as
a village wedding. The tape will then sent off to a language expert for
analysis.
Ministers believe
that the language experts will establish, for example, when a Turkish or Syrian
Kurd is posing as an Iraqi Kurd.
There has been
criticism in the House of Lords that the language tests are unreliable and in
Sweden, where the tests were pioneered asylum seekers have been deported to the
wrong.
Last night the
Refugee Council said: “We would be extremely concerned if the Home Office
uses these controversial tests as a key indicator to decide an asylum seeker's
nationality.”
“A whole
range of indicators must be used to properly determine an asylum seeker's
nationality which takes into account their case history, their knowledge of
their country and information about their parents' background. There are also
real practical concerns about how reliable the results are likely to be.”
But a Home Office
spokeswoman said they had been used before in Britain to distinguish Albanians
from Albanian Kosovars and said the language tests would be only one factor in
deciding the outcome of an asylum application.
She added that
Britain did not forcibly return any failed asylum seekers to Iraq but said they
hoped to open a safe route through Turkey to allow the voluntary return of
Iraqi Kurds to the Northern Iraq UN-protected area.
Asylum children policy ‘immoral’
The Home Office is
to come under pressure to end the detention of asylum seekers' children at a
former jail in Scotland.
Anger is growing
at the policy of holding children for months with their parents in Dungavel
detention centre near Strathaven, Lanarkshire, before the families are
deported. Roman Catholic Bishops in Scotland are to mount a national campaign
to end what they have described as a “disgrace”.
In a statement,
the Home Office said: “Any evidence of families being detained for
inordinate lengths of time will be looked at, however families don’t have
to stay in these conditions in detention if they had chosen to leave the country.”
Dungavel was
opened as a detention centre for asylum seekers in September 2001. About a
quarter of the 80 people currently detained there are thought to be children.
Travellers face departure checks
All travellers
leaving Britain may face passport checks in an attempt to establish how many
refused asylum seekers fail to leave the country, the Home Office Minister
Beverley Hughes indicated on the 5th of March.
She told the
Commons Home Affairs Select Committee that the government was considering the
reintroduction of the embarkation checks, which were scrapped 10 years ago by
the Tories in an attempt to make a reliable estimate of how many failed asylum
seekers disappear each year.
The decision to
explore the cost of reintroducing embarkation checks for everyone leaving
Britain is an attempt to overcome the difficulties of estimating how many
rejected asylum seekers leave the country. Ms Hughes said the lack of reliable
official data had been exploited by many who approached the issue with “a
completely different agenda”.
A statistical
exercise using a sample of each intake of asylum seekers is also to be
undertaken to help estimate how many rejected asylum seekers leave the country
and how many disappear in Britain.
Asylum seekers routinely mistreated, says Inspector
of Prisons chief
Asylum seekers are
subject to routine strip searches, are exploited by unscrupulous legal advisors
and receive little help for mental health problems, said the Chief Inspector of
Prisons, Anne Owers.
Comments received
from detainees created a worrying picture. Just 10% of detainees at Haslar
removal centre (Hampshire) told the inspectors that they felt safe. 12% claimed
to have been sexually assaulted at Campsfield House centre (Kidlington,
Oxfordshire). Other centres were criticised for its lack of welfare help, legal
advice and information about detainees’ cases. Inspectors also discovered
that at some centres detainees paid thousands of pounds to “cynical
lawyers preying on their vulnerability”.
But Beverley
Hughes, a Home Office minister, said: “A large proportion of the findings
reflect only the comments of the detainees themselves”. These remarks
were strongly criticised by Ms Owers.
Polish Roma cannot count on asylum in Britain
Tim Simmons,
Deputy Head of Mission at the British Embassy in Poland, said on the 6th
of March that Polish Roma increasingly go to Great Britain in the hope of
obtaining asylum, but that is a waste of time and money.
Simmons explained
that under new regulations, immigrants of Roma origin from Poland cannot seek
asylum in Britain on the ground of discrimination. Poland is a democratic
country and the British authorities believe that every Polish citizen feeling
discriminated against may use legal mechanisms to seek justice.
In the second half
of last year, about 500 Roma from Poland asked for asylum in Great Britain.
This is twice as many as in the corresponding period of 2001. To prevent
excessive influx of immigrants, the British government supports several dozen
programmes to help persons of Roma origin in Poland. In the years 1999-2003 it
assigned over £230,000 pounds for this purpose.
Number of Czech asylum seekers in Britain sharply
declines
The number of
Czech asylum seekers in Britain gradually decreased in the last quarter of
2002, when 130 Czechs applied for asylum, compared to 620 in the second quarter
and 1,425 in whole of 2002.
British Home
Secretary David Blunkett today said the decline was prompted by London's
decision to enter the Czech Republic, along with the other EU candidates, in
the list of safe countries, which allows for Czech citizens to be deported
practically immediately.
David Blunkett
said that the number of Czech asylum applications has continued to decrease
this year.
Last year British
authorities registered a total 1,425 "main" applicants for asylum,
many of whom represent whole families, coming from the Czech Republic. A total
of 880 main applicants were registered in 2001 and 1,200 in the year 2000.
Britain registered
295 Czech asylum seekers in July 2002, 200 in August, 125 in September, 75 in
October, 35 in November and 20 in December.
Fast-track scheme to deport asylum seekers
A new fast-track
scheme is to go ahead in a bid to speed up the removal from Britain of
unsuccessful asylum seekers. The pilot programme at Harmondsworth removal
centre near Heathrow airport will “radically reduce” the processing
of “straightforward” claims, said a Home Office spokesman.
Up to 90 asylum
seekers at a time will be detained at the centre from next month and ministers
expect the processing and deportation process to take about one month.
Immigration
minister Beverley Hughes said: “This new pilot will enable us to process
and remove failed asylum seekers from the UK within about a month of their
arrival. We have already announced our intention to extend the list of
countries to which asylum seekers can be returned without a drawn-out appeal
process in the UK, and extended the UK’s border security measures in
France to Belgium and the Netherlands. This new scheme is a further expansion
of our strategy – if successful we intend to extend it.”
Applicants with
‘straightforward’ claims will be detained pending a quick decision,
said ministers. If their claims are deemed unfounded, they will continue to be
detained while any appeal is heard. Asylum appeals minister at the Lord
Chancellor’s Department, Baroness Scotland, said: “Detention is
considered necessary to ensure claimants are readily available at each stage to
facilitate the fast-track process.
“There will
be a sharp focus on high-quality decision making, with on-site access to legal
advice and, so far as possible, the same case worker and legal representative
dealing with an application from start to finish.”
Refugees prevented from learning English by bureaucracy
and lack of classes
Refugees and
immigrants are keen to learn English but are frustrated by bureaucratic
obstacles and lack of classes, government advisers said today.
David Blunkett,
the home secretary, is proposing to make the ability to speak English a
condition of gaining citizenship yet there is a shortage of classes and
language programmes, according to the Employability Forum, which advises the
government on refugee employment issues.
Its Chairman, Ram
Gidoomal, said: “It sometimes sounds as if the government believes
would-be citizens have to be coerced into learning English. The facts are the
reverse - there is a big demand for English tuition, but a mismatch between
supply and demand.”
Speaking at a
conference mounted by the forum, Mr Gidoomal said that requiring progress in
English language as thousands of refugees are unable to find work because of
the shortage of provision for learning English.
“If the
government is serious about its citizenship agenda, then the Home Office and
the DfES need to get their act together and ensure better provision is made. In
addition, some of the bureaucratic rules which restrict the time refugees can
spend learning the language need to be changed,” said Mr Gidoomal.
“We need to
take a leaf out of the book of countries like Canada or Australia who have
targeted programmes for immigrants with a strong concentration on learning the
language. In Australia immigrants are entitled to 1,000 hours of tuition. Here
even the hours they spend learning each week may be legally restricted.”
New measures to combat fraudulent marriages
On the 6th
of February the Home Secretary announced that new measures would be introduced
to combat marriages of convenience.
The probationary
period will be doubled to 2 years and residence permits would only be issued to
a foreign spouse only if the Home Office officials are satisfied that the
marriage is genuine. Also
would-be spouses who are under the age of 16 who try to enter the UK
fiancés/ées would be refused entry.
Lawsuit filed
with the UN Committee on the Elimination of Racial Discrimination for refusal
to allow Roma into discotheque in Serbia and Montenegro
On 2 April
2003, the European Roma Rights Centre (ERRC) and the Humanitarian Law Centre
(HLC) jointly filed an application against Serbia and Montenegro with the
United Nations Committee on the Elimination of Racial Discrimination (CERD) on
behalf of Dragan Durmic, a young Romani man who was denied entry into a local
discotheque because of his ethnicity. Although the incident occurred over three
years ago, Serbian authorities have never conducted an appropriate
investigation nor responded to either the criminal complaint or the
Constitutional Court petition lodged by the victim. Article 60 of the Serbian Criminal
Code prohibits the denial or restriction of citizens' rights based on race or
ethnicity, with punishment ranging from three months' to five years'
imprisonment.
The lawsuit
comes as a result of several
complaints about the denial of access to Roma to clubs, discotheques,
restaurants, cafes and swimming pools solely on the basis of race, in February
2000. It seeks a declaration that Serbia and Montenegro has violated the
International Convention on the Elimination of All Forms of Racial Discrimination,
requests a comprehensive criminal investigation into the incident, seeks just
compensation for the victim for humiliation and degradation suffered from the
discrimination, and requests Serbian
authorities to take effective measures to ensure an end to racial
discrimination in admission to different places.
http://www.errc.org/publications/indices/serbia_and_montenegro.shtml
summary of progress in EU asylum
agenda
1.- Qualifications
Directive: The Council found agreement during the Danish Presidency on the
first part of the Directive, pending the lifting of reservations by Germany.
The second part of the Directive has been negotiated during the Greek
Presidency, and agreement was found among delegations - except Germany- at the
JHA Council meeting in February. The Presidency is working towards bringing
Germany on board with the intention of finding full agreement at the JHA
Council in June, but it is still unclear whether this deadline can be met.
2.- Asylum
Procedures Directive: Negotiations on the first 2 chapters started under the
Greek Presidency, which intends to find political agreement on them at the June
JHA Council (probably with some reservations on provisions linked to the rest
of the Directive). Italians are expected to continue the negotiations, but some
have been doubtful that the Directive can be finalised by the end of this year
and feel that negotiations may continue in 2004.
3.- Long Term
Residence Directive: This Directive has undergone months of negotiations
without much progress. In order to facilitate agreement on this instrument, it
seems likely that refugees and beneficiaries of complementary protection might
not be covered by the Directive. The Commission would then present a separate
instrument for these 2 categories of people at a later stage.
- Legislation
where political agreement has been found, but formal adoption has not taken
place yet: Family Reunification Directive
New ECRE statements
ECRE Statement on European Council Meeting, 20-21
March
ECRE
published a statement, 17 March, calling on EU member states to respect the
Tampere principles and the full and inclusive application of the Geneva
Convention. The statement came in the light of recent media reports of
government proposals that appear to aim at shifting the responsibility for
refugee protection towards the source of flight or to countries bordering an
enlarged European Union.
Full
statement available here:
http://www.ecre.org/statements/Council%20March%202003.shtml
ECRE comments on the Amended proposal for a Council
Directive on minimum standards on procedures in Member States for granting and
withdrawing refugee status
March
2003. ECRE welcomed the incorporation of new positive elements in the amended
procedure however said these improvements could not 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.
http://www.ecre.org/eu_developments/procedures/ECRE%20comments%20on%20proceduresl.doc
The Greek Presidency
The Iraq crisis has tended to overshadow Greece’s EU
Presidency (January-July). However the Presidency has continued to give
Migration and Asylum a prominent position within their legislative agenda. The
Presidency’s aims can be summed up as trying to formulate an effective common European policy, encompassing asylum issues, border
cooperation, financing of infrastructures, external cooperation, as well as
labour and social matters relating to immigrants. Their stated objective is to
create barriers to social tensions and to extreme political forces which take
advantage of such conditions.
Qualifications Directive
The Greek Presidency
considers that the negotiations on the second part of the qualifications directive
have concluded, pending agreement by Germany. This country still has to lift
its reservations to the first part of the directive, if full agreement is to be
reached by the Justice and Home Affairs Council in early June.
After the end
of negotiations on the qualifications directive, the Presidency has focused the
work on the asylum procedures
directive, aiming at reaching political agreement on the first 2
chapters before the end of its mandate.
Directive on long term residence
status
The
Presidency work in the field of migration is focusing on the Directive on long term residence status.
In order to facilitate agreement on this instrument, it seems that refugees and
beneficiaries of complementary protection might not be covered by the
Directive. The Commission would then present a separate instrument for these 2
categories of people.
EU-Spring European Council 21,22 March
The spring European
Council was marked by the outbreak of war in Iraq. Nonetheless, the Fifteen
carefully avoided placing emphasis on what divided them, insisting more on the
contribution that the E.U. is prepared to make for providing humanitarian aid
to the Iraqi people. EUR 3 million was made available under emergency procedure
for helping 75,000 internally displaced persons, providing food to hospitals,
and organising flights for transporting such aid. The Council also examined the
UK proposal to transfer processing of asylum applications to the regions of
origin. Conclusion 61 of the European Council invites the
Commission to report to the next European Council in June on this matter.
http://www.eu2003.gr/en/cat/0/index.asp
Informal JHA Council 28-29 March - Veria
U.K. proposal considered
The informal
Council considered the U.K. proposal on a ‘New International Approach
to Asylum Processing and Protection’. While the
need for reform was recognised by other member states, questions were posed on
the details, legality and feasibility of the proposal. Italy, for example was
very enthusiastic while Portugal was more hesitant. Nevertheless the proposal
was taken seriously and the European Commission has brought together a
technical group (in close cooperation with UNHCR) in order to prepare a
detailed response to be tabled at the June European Council meeting in
Thessaloniki. British Home Secretary David Blunkett gave details on the
proposal and called for the revision of the United Nations 1951 Convention on
Refugees.
The full UK
proposal is available here: http://www.statewatch.org/news/2003/apr/blair-simitis-asile.pdf
Lubbers outlines ‘Convention
Plus’ Initiative
In his
statement to the informal J.H.A. Council, the U.N. High Commissioner for
Refugees, Ruud Lubbers, outlined the organisation’s ‘Convention
Plus” initiative launched in September 2002. This is a project to draw up a new global refugee management
plan, which can respond to current tensions worldwide and look for solutions in
the ‘regions of origin’. Mr Lubbers stated: ‘by enhancing
protection and increasing the prospects for durable solutions in regions of
origin, we open up new possibilities for the return of refugees to countries of
first asylum. To make this credible, such an approach requires effective burden
sharing with the provision of development assistance for refugees in host
countries as well as reintegration and self-reliance activities.’
http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.htm?tbl=ADMIN&id=3e8480244&page=ADMIN
Other Developments
Disagreement continues over costs for
border mangement
EU Member States
are still divided on sharing costs for management of external borders and the
repatriation of illegal immigrants. The Greek Minister for Public order,
Michais Chrysochoidis gave assurances that progress has been made and that
discussions were progressing on the criteria for cost sharing, though
acknowledged that there were ‘divisions’ between countries
from the north and south. The Minister said that while there was money in the
EU external relations budget, questions remain however over how it would be
spent. This approach follows the guidelines of the Commission: that the EU
could benefit from the mid term review of partnerships with third countries to
grant more funds for cooperation on Immigration. The Greek Presidency has
proposed four criteria for the sharing of border control charges: geographical
localization in the country, the specific nature of the border, immigration
pressure and quality control. Ministers also mentioned the setting up of an
external border control assessment model.
Remaining JHA Councils of the Greek
Presidency:
Thursday, 8 May
Thursday, Friday
5,6 May
COUNCIL OF THE EUROPEAN UNION
Asylum Procedures
The Asylum
Working Party (AWP) reviewed in mid April reservations on the first 2 chapters,
although some reservations still remain. The outstanding issues include the
scope of application of the Directive (EU nationals, airport zones, subsidiary
protection, inadmissible claims), exceptions to the obligation to conduct a
personal interview; access to legal assistance and detention. The Council will
continue discussions on the remaining obstacles with a view to finding some
sort of agreement on the first 2 chapters at the JHA Council on 5 and/or
6 June.
If this
happens, the Italian Presidency will inherit the remaining chapters. The AWP
however, has already started discussions on Chapter III).
Long Term Residence Directive
SCIFA decided
in early April to delete the refugee chapter in the LTR Directive. The reason
seems to be that there is still a great divergence among delegations in
relation to whether refugees should be given a more beneficial treatment or
should simply be required to comply with the requirements that the Directive
lays out. In an attempt to "sort out" the remaining obstacles on the
way to political agreement (by the June JHA Council), delegations decided to
delete it. The JHA Council in May will be asked to pronounce itself on this
issue, but it seems that there is general agreement among all Member States to
delete the refugee chapter.
The
Commission does not understand this as a permanent omission, since it intends
to propose a stand-alone draft on LTR for refugees and individuals with
complementary protection. This proposal would take into account the findings of
the study, the tender for which has just been issued, regarding transfer of
responsibility. Meanwhile, the Commission is of the view that the LTR directive
once adopted, and in the absence of a chapter giving more favourable treatment
to refugees, would also apply to refugees, if they comply with all the
requirements in it. If at a future
point a new Directive is adopted giving more favourable treatment to refugees,
refugees may be exempted from fulfilling certain requirements that other third
country nationals will have to fulfil in order to access LTR status.
EUROPEAN COMMISION
Commission adopts communication on common asylum
policy and Agenda for protection 26/03/03
The Commission
adopted 26 March a Communication on the common asylum policy and the Agenda
for protection. The communication deals with the relationship
between the creation of a Common European Asylum System and the Agenda for
protection, which was adopted in Geneva in October 2002. It contains reactions
to the UNHCR "Convention Plus" initiative on the need to modernise
the international protection system and makes a series of recommendations. The
communication also constitutes the second report on the implementation of
communication COM(200)755 of 22 November 2000 on the long term objectives of
harmonisation in the field of asylum. The
Communication is available in full here:
http://europa.eu.int/comm/justice_home/doc_centre/asylum/common/docs/com_2003_152_en.pdf
Commission report dismisses links between immigration and increases in crime and
unemployment 14/03/03
A report published
by the European Commission detailing the findings of 17 different research
projects shows that there is no direct cause and effect link between
immigration, crime and unemployment. The study, conducted under the Targeted
Socio-Economic Research Programme (TSER), shows immigrants tend to accept
marginal jobs EU citizens do not want, and, should immigration decrease, Europe
could experience shortages of manpower.
"Ignorance is the basis of racism," said European Research
Commissioner Philippe Busquin. "This new report will help to ensure that
any future policies dealing with immigration issues take into account some of
the latest information available about the problems that migrants encounter in
Europe today." Further information available here:
http://www.cordis.lu/citizens/
Commission sets up Experts group on trafficking in
human beings 26/03/03
The Commission
adopted a decision to set up an Experts group on trafficking in human beings.
The group aims to make a substantial contribution to preventing and combating
trafficking in human beings and enable the Commission to gather opinions on
related initiatives that it may take in future. The creation of this group is
an important step in implementing the Brussels Declaration. According to
Antonio Vitorino, trafficking in human beings is an abhorrent and increasingly
worrying phenomenon. Rather than being an episodic issue, which affects a few
individuals, it is a structural problem because it has extensive implications
for the social, economic and organisational fabric of our societies. For
further information see: http://www.europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/03/432|0|RAPID&lg=EN&display=
‘Wider- Europe- New Neighbourhood Communication’
11/03/03
The European
Commission adopted a Communication setting out a new framework for relations
over the coming decade with Russia, the Western NIS and the Southern
Mediterranean; countries who do not currently have an invitation to join the
E.U., but who will soon share a border with the Union. The Communication in part focuses on
‘lawful’ migration and movement of persons and greater efforts to
promote human rights. The Communication proposes that the E.U. should aim to
work in partnership to develop a zone of prosperity and a friendly
neighbourhood with whom the E.U. enjoys close, peaceful and co-operative
relations. Read the Communication in full here:
http://www.europa.eu.int/comm/external_relations/we/doc/com03_104_en.pdf
The
background to the Communication here:
http://www.europa.eu.int/comm/external_relations/we/intro/ip03_358.htm
European
Parliament Resolution on implementing an area of Freedom, Security and Justice
On March 27, 2003
the European Parliament adopted a resolution on the progress made in 2002 in
implementing an area of Freedom, Security and Justice. In its resolution,
Parliament calls for the adoption of a multi-annual plan for EU legislative and
operational activity in this field. This plan should be adopted by the European
Council and the European Parliament in co-decision after consulting the
national parliaments.
Moreover, MEPs
call for the submission and adoption of legislative proposals that guarantee
basic rights are in place by the date of accession of the new Member States and
at least by June 2004. Parliament urges the Commission to finalise a framework
decision on procedural safeguards for suspects and defendants in criminal
proceedings throughout the European Union. MEPs also call for a ‘EuroRights’ body of
independent defence practitioners be set up under the aegis of the European
Parliament to monitor the observance of legal and fair trial rights across the
EU (1c). For further information see:
http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+PRESS+TW-20030326-B+0+DOC+XML+V0//EN&L=EN&LEVEL=2&NAV=X&LSTDOC=N#SECTION9
Family Reunification
On 9 April,
the European Parliament backed a non-binding resolution giving non-EU nationals
the right to bring spouses, parents, registered and unmarried partners, into
the EU - irrespective of gender. In a
report by Carmen CERDEIRA MORTERERO (PES, E), MEPs voted for a range of
non-binding amendments, asking that not only spouses but also registered
and unmarried partners, irrespective of sex, are eligible for family
reunification, if the host Member State treats unmarried or registered partners
in the same manner as married couples. Member States should also authorise the
entry of parents of applicants if they are unable to look after themselves and
have no other means of support. Furthermore, MEPs not only want refugees, but
also people who are entitled to stay in the Union on the basis of the less
favourable "subsidiary protection" status to be entitled to family
reunification. Most parliamentarians agreed that the new rules are an important
step in the right direction, however questions have been raised about
‘partners’ intent on making false entries, under the guise of bogus
relationships. For further information
see here:
http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+PRESS+DN-20030409-1+0+DOC+XML+V0//EN&L=EN&LEVEL=2&NAV=X&LSTDOC=N#SECTION6
EUROPEAN CONVENTION FOR THE FUTURE OF
EUROPE
General Developments
There has some
been doubt over whether the Convention would conclude before the designated
handover at the Thessalonica European Council Summit in June. President Giscard d’Estaing
stated in March 2003 that there was little difference between handing over the
finished work in June or in September of this year and said he did not see a
great "challenge" in finishing a few months later. The Greek Presidency subsequently urged
the Convention to finish its work by the agreed June deadline. This view was
backed by heads of state meeting at the E.U conference 16 April 2003. It now
seems likely that the handover will take place on the designated date.
Justice and Home Affairs provisions
President Giscard
d'Estaing presented to the plenary of the Convention on 17 March the
Presidium's draft articles on the area of freedom, security and justice and on
the finances of Europe. The draft articles included Article 31 that
calls on the Union to adopt laws that would harmonise national laws in areas
such as asylum, immigration and external border control. Venturing for the
first time into the second part of the Treaty, which defines how articles
should be put into place, there are practical suggestions such as setting up a
standing committee within the Council to "ensure that operational
cooperation on internal security is promoted and strengthened within the
Union." Introducing the articles, Convention president Valéry
Giscard d'Estaing, said the texts produced are "close, if not to
perfection, then at a very advanced stage."
http://european-convention.eu.int/docs/Treaty/cv00614.EN03.pdf
Ombudsman makes proposals to Convention on human
rights and openness
During the speech of the European Ombudsman at the 14th Plenary meeting he
welcomed the fact that the draft Constitution allows for the Union to accede to
the European Convention on Human Rights. He regretted, however, that the
Constitution seems to bar the Union from acceding to other international human
rights instruments such as the Council of Europe Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment, the Universal
Declaration of Human Rights of the United Nations and the International Labour
Organisation's Convention on the Worst Forms of Child Labour.
The Ombudsman's speech to the Convention can be found at:
<http://www.euro-ombudsman.eu.int/speeches/en/default.htm>
Debate on Freedom, Security and Justice
The 17th plenary session of the Convention on the Future
of Europe opened with a long debate on the area of freedom, security and
justice. Many speakers stressed that this was a subject of great importance to
European public opinion, which expected the EU to work more effectively to
combat cross-border crime and clandestine immigration. However, members of the
Convention remained divided on some important issues, such as the possibility
of establishing a European public prosecutor’s office in the future. In
line with the conclusions of the working party, which wanted to communities
these policies, a majority of members deplored the fact that a number of intergovernmental
elements still remained. Many convention members from the future Member States
supported the idea of establishing a European border guard service.
Referenda in the Accession Countries
Following the
collapse of the reunification talks (see below) only the Greek part of the
island will accede to the EU. No date has been set for the referendum, which
may not take place at all, as it is not constitutionally required.
The referendum
date has been set as 13-14 of June, however the date still needs further
agreement and the final decision will be made by the President Vaclav Klaus.
The result will be legally binding.
The referendum
date has been set as the 14th of September. The result will be
non-binding.
The result of
the referendum on the 12th 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.
The referendum
date has been set as the 20th of September. The result will be
legally binding.
The referendum
date has been set as the 10-11 May.
The bill on
accession has been amended. Previously a turnout of 50% plus acceptance from a
total of one-third of the population with voting rights was required. Now only
a minimum 50% turnout will be needed to make the poll valid.
The result of
the referendum on the 8th 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 12th of April Malta is now certain to accede.
The referendum
date has been provisionally set as the 8th of June.
The referendum law
in Poland requires that the turnout must be more than 50 per cent in order for
the plebiscite to be binding. If the turnout is lower than 50% the decision on
ratifying the accession treaty could be passed to the Sejm (Parliament), with a
required majority of three-quarters of all votes.
The referendum
date has been set as the 16-17 of May. The result will be legally binding as
long as over 50% of the population participate. The alternative route is to
gain a 60% majority vote in the Slovak Parliament.
The result
from the referendum on the 23rd March was:
Yes: 89.61%
No: 10.39%
Romanian politicians sign declaration for EU accession
Romanian President
Ion Iliescu, together with parliamentary parties and representatives from civil
society, signed a declaration for EU accession in 2007 on Friday. The document,
signed during the Forum EU-2007 held in Bucharest, encourages the quick
adoption of all EU legislation in Romania.
The text also asks
for better negotiating terms for Romania to enter the EU and the implementation
of the state and administration reform demanded by Brussels.
Romania has closed
most of the chapters of negotiations with the EU and is now discussing the
chapters that have financial implications. The country aims to conclude talks
by mid-2004.
Another
outstanding issue has been highlighted by the European Commissioner for
Enlargement, Gunter Verheugen, who stated that by the end of 2003 Romania must
have concretely tackled corruption and improved its judicial system. He felt
that without progress in this area, accession in 2007 will be very difficult to
achieve.
Commission
formally accepts accession
The Commission
formally accepted the accession of the 10 candidate countries on the 19th
of February. The Commission’s opinion on the accession process marks the
end of the Commission's involvement in the accession procedure, which began
when the candidates applied for membership.
Meanwhile the
Commission’s monitoring process has already started in some countries and
the candidate countries will still be urged to implement EU legislation before
accession takes place. This would lay the ground for the final comprehensive
monitoring report on each candidate, produced six months before the accession
date.
If a candidate
country is found not to respect the commitments made during the negotiations,
the EU can take action against it.
MEPs give
green light for EU enlargement
The report
accepting enlargement of the EU in 2004 was adopted on the 19th of March in the
European Parliament Foreign Affairs Committee with 54 votes in favour, 9
opposed and 2 abstentions.
EU Parliament
votes for enlargement
A majority of the
EU Parliament voted in favour of the enlargement process on the 9th
of April in Strasbourg, giving the right for ten future member states to sign
the Accession Treaty in Athens on the 16th of April.
MEPs voted on the
enlargement report of each future member, giving his or her assent country by
country. The Czech Republic got the least votes in favour, with only 498 out of
565 MEPs voting positively, while Latvia, Hungary and Slovenia all got the most
support, with 522 positive votes.
At the same time,
the Parliament also adopted MEP Elmar Brok’s report recommending the
enlargement of the EU with ten new countries in 2004. Mr Brok received a clear
majority of 458 votes in favour, out of a total of 567.
The vote was
endangered until the last minute due to a disagreement between the Parliament
and the Council regarding the financial annexe introduced in the Accession
Treaty. In order to settle the issue, Parliament asked Council to raise the EU
25 budget for 2004-2006. The request was accepted after much debate just 24
hours before the vote.
Croatia
applies for EU membership
Croatia officially
applied for membership of the European Union on the 21st of
February. This will make it the fourteenth candidate country waiting to join
the EU.
Croatian Prime
Minister Ivica Racan, said he wants his country to join as soon as 2007,
underlining that the harmonisation of Croatian law with EU legislation began
two years ago and should be finished by the end of 2006. He also stated that
Croatia will be more co-operative with the on-going UN war tribunal in The
Hague which has created significant problems for their accession bid until now.
Macedonia
plans to apply for EU membership
The Former
Yugoslav Republic of Macedonia (FYROM) will apply for membership of the
European Union by the end of this year, foreign minister Ilinka Mitreva stated
on the 24th of February.
Macedonia signed
an Association and Stabilisation Agreement with the EU on the 9th of April 2001
and has since started on its road to EU membership.
These ties
with the EU will be transformed into an Association Agreement in June in
Thessaloniki. This will be the first step towards the formal submission of its
application.
Cyprus talks
fail
A plan to hold
referenda on the future of Cyprus at the end of March has failed, as talks on
reunification were finally vetoed by Rauf Denktash, the leader of Northern
Cyprus. The newly elected leader of Greek Cyprus, Tassos Papadopoulos was not
happy with the plan either. For
Turkish Cypriots at issue was the amount of land they were being asked to give
up, and for the Greek Cypriots too few refugees were being given the right to
their former homes.
The failure makes
it extremely unlikely that unified Cyprus will join the European Union next
year. It also threatens possible Turkish accession.
Further proposals
were sent by Denktash on the 2nd of April, to restart the talks on reunification.
However these omitted the role of the UN and were dismissed by the Greek
Cypriot leader.
Slovakia
warned of lagging reforms
The European
Commission has warned Slovakia that it has failed to meet some of the
commitments it agreed to during accession negotiations with the EU. Slovakia
still needs to catch up in the fields of regional policy, structural funds
coordination, approximation of laws and the protection of the EU's financial
interests.
The European
Commission has demanded that the country makes progress before May, when the
European Commission will start preparing its last assessment report prior to
Slovakia’s accession.
At the same time
The European Commission Delegation in Slovakia has started its own campaign for
the referendum on Slovak accession to the European Union because it is
unsatisfied with the campaign efforts of the Slovak government and felt that
the government has not started the campaign properly.
Disputed
result in the referendum in Malta
The referendum on
EU membership in Malta put the ‘Yes’ camp in the lead with 53.6% in
favour and 46.4% that voted No. There was a huge turnout with about 91% of the
electorate voting in the 8th of March referendum.
Yet the opposition
leader Alfred Sant, who campaigned against EU membership, also claimed victory.
The Labour Party said that less than half of the total electorate had voted
‘Yes’ in the non-binding referendum, and challenged the prime
minister to call early elections.
Since the result
was non-binding the decision on Maltese accession became dependent on the
outcome of the General Election on the 12th of April. The results of
the General Election gave victory to the pro-EU Nationalist Party, which means
Malta will sign the Accession Treaty.
Ukraine is
not excluded from joining the EU
President of the
European Commission Romano Prodi met with the Ukrainian Prime Minister Viktor
Yushchenko on the 17th of March in Brussels to discuss the future
status of Ukraine in an enlarged EU. At the same time he denied that Ukrainian
accession is definitely ruled out, but commented that both sides are working to
deepen the co-operation in most areas.
Amnesty International
‘Discrimination
on grounds of race in the Russian Federation’. Available from:
http://www.amnesty.org/russia/pdfs/racism_report.pdf
Norwegian Refugee Council
‘Profile of
internal displacement: Russian Federation’, available from:
http://www.db.idpproject.org/Sites/IdpProjectDb/idpSurvey.nsf/wCountries/Russian+Federation/$File/Russian%20Federation%20-March%202003.pdf?OpenElement
‘Profile of
internal displacement: Georgia’, available from:
http://www.db.idpproject.org/Sites/IdpProjectDb/idpSurvey.nsf/wCountries/Georgia/$File/Georgia%20-March%202003.pdf?OpenElement
International Helsinki
Committee for Human Rights
‘Chechen
Refugees in Georgia - Pankisi Gorge and Akhmeta’ - Report by the
International Helsinki Federation for Human Rights (IHF), jointly with the Caucasian
Centre for Human Rights and Conflict Studies (CAUCASIA) available from
http://www.ihf-hr.org/appeals/030100.htm
Helsinki Committee for Human
Rights of Republic of Macedonia
‘Annual
Report for Year 2002’.
The report covers
developments in elections, inter-ethnic relations, media, judicial system,
police practice, situation of IDPs, as well as women, homosexuals and children.
Available at:
http://www.mhc.org.mk/eng/a_izveshtai/a_2002gi.htm
Other publications
‘State of
impunity: human rights abuse of Roma in Romania: A Report by the European Roma Rights Center’.
Published by Roma Rights Center, H-1386 Budapest 62, P.O. Box 906/93; tel: +36
1 413 22 00; fax: +361 413 22 01; office@errc.org; http://errc.org
‘Sudan IDP
Crisis Deepens,’ Global IDP Project (March 2003) http://www.db.idpproject.org/Sites/idpSurvey.nsf/wCountries/Sudan
‘Poverty,
International Migration and Asylum’, edited by Jeff
Crisp (EPAU) and George Borjas (Harvard University), will be published later
this year by the UN University's World Institute for Development Economics
Research.
‘Book of
Solidarity: Providing Assistance to Undocumented Migrants in Belgium, Germany,
The Netherlands and the UK’
The Book of
Solidarity is a publication by PICUM, Platform for International Cooperation on
Undocumented Migrants in Europe. The exclusion of undocumented migrants creates
social problems that need a response by civil society. Many citizens’ and
civil organizations provide humanitarian support to undocumented migrants. The
mission of this book is to highlight the manifold ways solidarity is extended
to undocumented migrants. The book also focuses on the rights of service
providers because of the alarming tendency to criminalize assistance to
undocumented migrants. Available in English only.
Cost: 8 euro plus
shipping. Visit www.picum.org for more
information, or contact info@picum.org.
‘A World On the Move: A Report from
the 2001 UN World Conference Against Racism, Racial Discrimination, Xenophobia,
and Related Intolerance; A Resource Guide on International Migrant
Rights’ (only in English).
A World On the
Move presents a comprehensive look at the outcomes, lessons,
and successes for immigrant and refugee rights from the 2001 UN World
Conference Against Racism and Xenophobia. The report includes testimonies of
participants in the U.S. based Migrant Rights Working Group and tips for NGOs
on preparing for international conferences. It also shares analysis of
international migrant and refugee issues, with practical guides on connecting
local issues with international human rights campaigns and systems. Available
in English only.
Cost: $7.00 plus
$3.00 shipping for the first report and $1.00 for each additional copy. US
currency only. Visit www.nnirr.org for
more information about the report, or contact echo@nnirr.org.
“A
few families too many: The detention of asylum-seeking families in the
UK” Emma K H Cole
The report
details the findings of a small qualitative study based on interviews with nine
families about their experiences and perceptions of immigration detention in
the UK. It also looks at the likelihood of absconding amongst families, and
explores families’ reasons for staying in touch with the Immigration
Service. The study was conducted independently as the basis for an MA dissertation
at the School of Oriental and African Studies with the co-operation and support
of Bail for immigration Detainees (BID).
Bail for
Immigration Detainees, 28 Commercial Street, London E16LS. Telephone: 020 7247
3590 Fax: 020 7247 3550. Website: www.biduk.org. E-mail:
bailforimmigrationdetainees@yahoo.co.uk
The European Roma
Rights Center (ERRC) and Greek Helsinki Monitor (GHM) have jointly published
the Country Report on the human rights situation of Roma in Greece: ‘Cleaning
Operations: Excluding Roma in Greece’. Available
from: http://errc.org/publications/reports/greeceE_2003.rtf
Handbook on
National Minorities in Europe.
By Christoph Pan
and Beate Sibylle Pfeil
The handbook was
published in German in 2000 (Die Volksgruppen in Europa. Ein Handbuch, Braumüller
Vienna, Ethnos 56).
It answers questions about the continued existence, size, and areas of
settlement of national minorities in European states. Supplementary
overviews are dedicated to the size, linguistic classification, and national
categorization of the eighty-seven peoples of Europe, the languages of Europe,
or the size categories of the national minorities of Europe. In addition,
the handbook deals with the requirements of modern protection of minorities
that are anchored in democracy and the rule of law, including autonomy, as well
as the development of a European system of minority protection whose central
documents are found in the appendix. Finally, with the right to one's
homeland and the political organization of minorities, two of the essential
requirements for the efficacy of minority protection are discussed in
detail.
www.braumueller.at
UNCHR Research reports:
http://www.unhcr.ch/cgi-bin/texis/vtx/research/+3wwBmZGeAumwwwwnwwwwwwwhFqhT0NuItFqoGn5nwGqrzFqmRbZAFqo20I0E2glDzmwwwwwwww5FqVIZu2g0acoAnaeTxmA2QfNHeTGktqmRbZ/openlist.html
UNHCR has
published several new papers in their New Issues in Refugee Research series:
March 2003 When is
a refugee not a refugee? Flexible social categories and host/refugee relations
in Guinea, B. Lacey Andrews
(Working Paper No. 88)
March 2003 Towards self sufficiency and
integration: an historical evaluation of assistance programmes for Rwandese
refugees in Burundi, 1962 - 1965, Nathaniel H. Goetz (Working Paper No. 87)
March 2003 Moving beyond long-term refugee
situations: the case of Guatemala, Christine Cheng and Johannes Chudoba (Working Paper No. 86)
March 2003 Refugees in contemporary international
relations: reconciling state and individual sovereignty, Gary G. Troeller (Working Paper No. 85)
March 2003 The role and impact of humanitarian
assets in refugee-hosting countries, Melissa Phillips (Working Paper No. 84)
March 2003 From durable solutions to transnational
relations: home and exile among refugee diasporas, Nicholas Van Hear (Working Paper No. 83)
March 2003 Community services in refugee aid
programmes: a critical analysis, Oliver Bakewell (Working Paper No. 82)
March 2003 Protecting Colombian refugees in the
Andean region: the fight against invisibility, Martin Gottwald (Working Paper No. 81)
March 2003 The trafficking of women for sexual
exploitation: a gender-based and well-founded fear of persecution?, Jenna
Shearer Demir (Working Paper No.
80)
The Cicero Foundation
forthcoming seminars
9-10 October,
Berlin, Germany. Enlargement of the EU. An assessment of the accession process.
13-14 November,
Rome, Italy. European
migration and refugee policy. Towards a Harmonized European Approach?
http://www.cicerofoundation.org/seminars/index.html
Refugee Studies Centre courses
20 April - 27
April, Oxford, UK. ‘The Rights of Refugees According to International
Law’
10-11 May,
Oxford, UK. ‘Palestinian Refugees and the Universal Declaration of Human
Rights’
7-25 July,
Oxford, UK. ‘International summer school in Forced Migration’
http://www.rsc.ox.ac.uk/indexrsp.html
Refugee Studies Centre public
seminars
‘Adolescents,
Armed Conflict and Forced Migration: an international seminar series’
These will
take place at 5.00-6:30pm on Wednesdays, in the Thatcher Conference Centre,
Somerville College, Woodstock Road, Oxford
30th April: Dr Jason Hart (Refugee Studies
Centre, University of Oxford) ‘Years of conflict: adolescence in
Palestine & Sri Lanka’
7th May: Dr Elizabeth Protacio –
Decastro (University of the Philippines) ‘Young people’s notions of
wellbeing in the context of armed conflict in the Philippines’
14th May: Christopher Talbot (UNESCO
International Institute for Educational Planning, Paris) ‘Education in
conflict, emergency and reconstruction’
21st May: Dr
Liesbeth de Block (Institute of Education, University of London) ‘Using
new media in research with adolescent refugees in 6 European countries’
28th May: Dr
Ken Miller (San Francisco State University) ‘Growing up in exile:
Challenges facing Southeast Asian, Afghan, and other refugee youth in the
United States’
4th June:
Rachel Brett (Representative – Human Rights and Refugees, Quaker United
Nations Office, Geneva) ‘Why do adolescents volunteer to fight?’
11th June:
Elizabeth Colson Lecture: Aristide Zolberg (Professor of Political Science, New
School University, New York) ‘Asylum in Crisis’ Venue To Be
Announced
18th June: Dr
Andy Dawes (University of Cape Town) ‘Adolescence and youth: Challenges
in post-conflict South Africa’
For more
information, contact:
Dominique Attala rscmst@qeh.ox.ac.uk,
or
Dr Jason Hart, jason.hart@qeh.ox.ac.uk.
International Institute for Human
Rights course
16-27 June,
Strasbourg, France. 6th Summer school on Refugees organised in cooperation with
UNHCR.
http://www.iidh.org
European Roma Rights Center
6-13 July
2003 Budapest, Hungary. Roma Rights Summer Workshop for Romani activists.
The Roma
Rights Summer Workshop aims to provide a one-week training course for Romani
leaders, activists and professionals in human rights advocacy and other skills
of use in Roma rights work. The programme offers intensive workshops in human
rights research skills, international advocacy, an introduction to the use of
international courts such as the European Court of Human Rights, as well as a
number of other sessions of relevance to Roma rights work. This year's ERRC
Roma Rights Summer Workshop is being organised in collaboration with the
Canadian Human Rights Foundation (CHRF), as well as with the input and
assistance of the International Debate Education Association (IDEA).
CONTACT
INFORMATION:
European Roma
Rights Center
1386 Budapest
62
P.O. Box
906/93
HUNGARY
Fax: + 36 1
413-2201
E-mail: SummerWorkshop@errc.org
Web: http://www.errc.org
Advanced
Course on the International Protection of Human Rights in Abo, Finland
The course
aims at providing a profound insight into, and analysis of, the system of
international human rights protection in the light of contemporary problems and
relevant case law. The course is composed of lectures, case studies in
working-groups, seminars and individual essays. Those who complete the course
successfully will be awarded a Diploma. The course is held from 18 to 29 August
2003 and is organized by the Institute for Human Rights, Abo Akademi University
in Finland.
Further
Information on the program can be found on: http://www.abo.fi/instut/imr/
European
Summer School on EU Law and Policy on Immigration and Asylum in Brussels
The aim of
the Summer School is to provide its participants with an extensive
understanding of the immigration and asylum policy of the European Union (EU)
from a legal point of view. The programme is organised by the "Academic
Network for Legal Studies on Immigration and Asylum in Europe", founded
with the financial support of the Odysseus Programme of the European Commission
and co-ordinated by the Université Libre de Bruxelles. The course
provides both the opportunity to live in a unique European environment, as
Brussels hosts numerous European and international organisations and their
research facilities, and to take part in an intellectually stimulating
experience in groups of several tens of participants specialised in the area of
asylum and immigration from all over Europe. The summer school takes place from
the 1st to the 11th of July 2003 at the Université
Libre de Bruxelles
Additional
information on the course and the application form are available on:
http://www.ulb.ac.be/assoc/odysseus/Summer2003UK.html
22-29 June, Strasbourg,
France. ‘Roma communities and concepts for leadership’, organised
by the Roma Students Association.
For
information: FERYP, Str. Episcop Radu Nr. 31, RO-Bucuresti sector 2; tel/fax:
+40 2 121 23 750
2 April - 14
May 2003 AUC Seminar Series, Forced Migration and Refugee Studies, American
University in Cairo, Held Wednesdays
http://www.aucegypt.edu/academic/fmrs/Outreach/outreach.html#Wednesday
28-29 June
2003, University of Leicester. Irregular Migration and Human Rights Conference.
Draft conference
programme and booking form can be downloaded from
http://www.le.ac.uk/law/celi/migration.html
4-6 July
2003, London, UK. European Conference on the Eurowarrant
JUSTICE is
organising a major European conference on the European Arrest Warrant, a key development
in the European Union's approach to Justice and Home Affairs, which will change
the face of extradition in the EU from 2004. A limited number of bursaries are
available for any combination of conference fee, accommodation and travel.
Further information
is available from:
http://www.justice.org.uk/Justiceurowarrent/Ruth_Eurowarrant_feature.html
FMO Tips
http://www.forcedmigration.org
The FMO
Organizations Directory currently contains contact details and web addresses
for over 1000 organizations. You
can locate information by typing in a simple keyword search or via the Advanced
search screen, which allows you to search for entries by country and/or
organization type.
Suggestions for
additions to FMO's various resource components can be made using the feedback
forms available at
http://www.forcedmigration.org/feedback/.
European Monitoring Centre on
Racism and Xenophobia
The E.U.M.C. has
launched a new website and documentation service. See the new website at:
http://www.eumc.at/eumc/index.php
Strengthening
Refugee Participation in European Asylum Policies and Programmes
The SHARE project
(Strengthening Refugee Participation in European Asylum Policies and
Programmes) started on 31 December 2002 and runs for 12 months. Funded partly
by the European Refugee Fund, the project involves the following five ECRE
member organisations acting as lead agencies: Asylkoordination (Austria),
British Refugee Council (UK), Comision Espanola de Ayuda al Refugiados (Spain),
Greek Council for Refugees (Greece) and Overlegcentrum voor Integratie van
Vluchtelingen (Belgium).
The aim of the
project is to further refugee participation in the development and
implementation of common European asylum policies through a programme of
capacity building measures involving individual refugees and members of refugee
community organisations (RCOs). The project is offering an opportunity for RCOs
and refugee-assisting NGOs to share their experience of working across Europe.
This process will provide NGOs with a “reality-check” on their work
and RCOs will gain a better understanding of the European Union’s role in
developing asylum and immigration policy, with specific reference to reception
and integration policies.
Project activities
are articulated through a dual approach, on the one hand the development and
delivery of a set of training modules for refugees/RCO representatives, and on
the other the organisation of a pan-European consultative seminar with refugee
participants in Brussels in November 2003. During the first phase of the
project (January-September 2003), project activities are being carried out
primarily at the national level in the five countries where the participating
NGOs are based. This stage sees a detailed mapping and training need assessment
of RCOs being conducted, after which specific training modules addressing the
identified capacity gaps will be developed and delivered to RCOs participating
to the project.
The second phase
of the project focuses on the consultative seminar, which will be attended by
NGO workers and seven representatives of RCOs from each of the EU Member
States. The more than 90 participants to the event will represent a
cross-section of refugee communities across Europe by age, gender and
ethnicity. The event will be divided in two modules, the first to discuss EU
policy-making in the asylum and immigration field and its impact at the local
level. The second module covers access to EU funding for RCOs and structuring
and networking for RCOs at a EU-wide level. The consultative seminar will also
provide an opportunity for RCOs to meet with representatives and policy makers
of various European institutions. It is our intention that the process
initiated by this project will lead to refugees and RCOs playing a more active
role in the European asylum debate both at a political and practical level, and
it is expected that more national refugee led organisations will join ECRE as
members, reinforcing ECRE’s role as voice of the refugee sector in
Europe.
Three new
Good Practice Guides and an Updated Integration Position
Finally, last
year’s work on identifying good practice in reception of asylum seekers
and integration of refugees has resulted in the publication of a set of Good
Practice Guides in the areas of giving educational advice to refugees, working
with older refugees, and assisting traumatised refugees and victims of torture.
In conjunction with this, ECRE has also published its updated Position on the
Integration of Refugees in Europe (December 2002), which sets out our views on
guiding policy principles for refugee integration. Copies of the guides are
available from the ECRE Secretariat and the respective lead agencies, as well
as from our website at www.ecre.org/erfproject/research/
Our thanks go
to Asylkoordination Austria, Caritas Germany, Italian Refugee Council, and
World University Service (UK) for a successful project partnership, and ECRE is
pleased to announce that these agencies will carry on the networking and
research into good practice in their different themes during 2003.
ECRE news
ECRE’s
most recent member is also the first ECRE member from Russia - the
“Memorial” Human Rights Centre.
ECRE has
worked closely with Memorial since 1997, under a joint project funded by the
TACIS programme of the European Union, which promoted exchanges between the
ECRE-ELENA network and the network of refugee lawyers being established by
Memorial - the Migration Rights Network.
The Migration
Rights Network now consists of 50 non-profit legal consultation centres for
forced migrants, refugees and asylum seekers across Russia and HRC Memorial is
one of the most effective NGO organisations working for the protection of
refugee and migrant rights in Eastern Europe. Their work strikes a balance between human rights
monitoring, analysis and comments on migration legislation, significant input
into policy debate, lobbying and advocacy, as well as ensuring that important
legal cases are fought through the courts and used to set legal precedents for
improved protection of refugee and migrant rights.
Recent
articles by Memorial on restrictive new legislation on the “legal status
of foreigners in the Russian Federation” and on the situation of IDPs in
camps in Ingushetia are available from ECRE (in English).
For anyone
who would like to know more about these articles or Memorial’s work in
general, please contact Rachel Bugler - Project Co-coordinator, Eastern Europe
(Rbugler@ecre.org) or Claire Rimmer - Project officer, Eastern Europe
(Crimmer@ecre.org).