No

No. 10

November 2004

ECRE DOCUMENTATION SERVICE

Policy Developments........................................................................................................................................................................................ 4

ECJ...................................................................................................................................................................................................................................... 4

Russian Federation.................................................................................................................................................................................................. 4

United nations............................................................................................................................................................................................................ 4

UN envoy to Kosovo finds mixed progress on returns of Serbs............................................................................................................. 4

UNHCR............................................................................................................................................................................................................................. 4

UNHCR Executive Committee Meeting, 4- 8 October 2004................................................................................................................... 4

Executive Committee Conclusions..................................................................................................................................................................... 4

General Conclusion on International Protection......................................................................................................................................... 4

Conclusion on International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations............................... 4

Conclusion on Legal Safety Issues in the Context of Voluntary Repatriation of Refugees............................................................... 4

Statement by the Director of the Department of International Protection............................................................................................. 5

Commissioner’s Closing Statement.............................................................................................................................................................. 5

ICVA criticises UN for secrecy in appointment of new High Commissioner for Refugees.............................................................. 5

High Commissioner’s Forum issues Framework of Understanding on Resettlement........................................................................ 5

EU should not turn back Chechen refugees................................................................................................................................................. 5

Clarification of UNHCR EU/North Africa asylum project...................................................................................................................... 6

High Commissioner for Refugees addresses EU ministers...................................................................................................................... 6

UNHCR concerned over continued forcible returns of potential refugees from Libya...................................................................... 6

Returns to Bosnia and Herzegovina reach 1 million.................................................................................................................................. 6

COUNCIL OF EUROPE............................................................................................................................................................................................ 6

ECRI General Policy Recommendation no.9 on the fight against anti-semitism................................................................................ 6

Parliamentary Assembly issues Recommendation on the Chechen Republic...................................................................................... 7

Council of Europe Anti-Torture Committee visit to Poland.................................................................................................................... 7

Council of Europe Congress discusses corruption, trafficking and funding......................................................................................... 7

Social Developments........................................................................................................................................................................................ 7

Integration Matters.............................................................................................................................................................................................. 7

Consultation with British NGOs........................................................................................................................................................................ 8

Scottish New Glaswegians Initiative receives money to continue into second phase.................................................................... 8

‘Situation testing’ reveals systematic discrimination against “foreign sounding names” in European countries...................................................................................................................................................................................................................... 8

Successful first “Welcome to the Netherlands Fair”: Everything you need to know about Dutch life in one day......................................................................................................................................................................................................................... 8

Irish National Police considers exempting immigrants from demand to know the Irish language.......................................... 9

Criticism of Dutch Integration Policy.............................................................................................................................................................. 9

Legal Developments....................................................................................................................................................................................... 10

UNITED NATIONS TREATY MONITORING BODIES........................................................................................................................ 10

UN HUMAN RIGHTS COMMITTEE.............................................................................................................................................................. 10

82^nd session.............................................................................................................................................................................................................. 10

Albania................................................................................................................................................................................................................... 10

Finland................................................................................................................................................................................................................... 10

Poland..................................................................................................................................................................................................................... 10

UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD......................................................................................... 10

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

European Committee for the Prevention of Torture and Inhumane and Degrading Treatment or Punishment (CPT)................................................................................................................................................................................................. 11

CPT Visits................................................................................................................................................................................................................. 11

Serbia and Montenegro....................................................................................................................................................................................... 11

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

Amara v. the Netherlands (no. 6914/02).......................................................................................................................................................... 11

A.B v. Sweden (no. 24697/04).......................................................................................................................................................................... 12

F v. the United Kingdom (no. 36812/02)......................................................................................................................................................... 13

Election of President, Vice-Presidents and Section Presidents to the European Court of Human Rights.......................................... 13

Election of judge to the European Court of Human Rights......................................................................................................................... 13

EUROPEAN COURT OF JUSTICE................................................................................................................................................................... 13

United Kingdom.................................................................................................................................................................................................. 13

National Developments............................................................................................................................................................................. 14

BELGIUM..................................................................................................................................................................................................................... 14

Belgian expulsion policy questioned.............................................................................................................................................................. 14

CZECH REPUBLIC.................................................................................................................................................................................................. 15

Changes to Czech Asylum legislation being discussed.......................................................................................................................... 15

Change in Czech policy regarding separated children.......................................................................................................................... 15

Coercive Sterilisations in the Czech Republic........................................................................................................................................... 15

DENMARK.................................................................................................................................................................................................................. 15

Iraqi Minister for Displaced People and Migration appeals to Denmark, Sweden and Norway to delay repatriation of Iraqi asylum seekers.............................................................................................................................................................. 15

Tough times for mixed couples in Denmark................................................................................................................................................ 15

High Court ruled in favour of Iranian seeking compensation for torture, following his repatriation................................. 16

FRANCE........................................................................................................................................................................................................................ 16

250,000 unsuccessful asylum seekers remain in France........................................................................................................................ 16

Two ministerial decrees introduce amendments to the asylum procedure...................................................................................... 16

GERMANY.................................................................................................................................................................................................................. 16

German Interior Minister pushes for EU asylum processing centres in North Africa............................................................... 16

German Foreign Ministry likely to toughen its visa policy................................................................................................................... 16

German border guards sentenced over refugee death............................................................................................................................. 17

US court grants asylum to German refugee.............................................................................................................................................. 17

Ruling by the European Court of Human Rights to be used as interpreting aid........................................................................... 17

GREECE........................................................................................................................................................................................................................ 18

Greek government discusses re-drawing Greek immigration policy................................................................................................ 18

IRELAND...................................................................................................................................................................................................................... 18

Criticism of treatment of detainees in Irish prison................................................................................................................................... 18

ITALY............................................................................................................................................................................................................................. 18

Kurdish refugee stowaways allowed to seek asylum in Italy after continued pressure.............................................................. 18

Italy deports hundreds of asylum seekers as part of an ‘emergency policy’ that aims at deterring illegal immigrants................................................................................................................................................................................................. 18

MALTA.......................................................................................................................................................................................................................... 19

Jesuit Refugee Service urges Maltese government to fulfil duties towards asylum seekers..................................................... 19

NETHERLANDS....................................................................................................................................................................................................... 19

Strong criticism of Dutch Immigration and Naturalisation Service (IND)..................................................................................... 19

Slow down in growth of foreign population................................................................................................................................................. 19

New Dutch marriage immigration plan strongly criticised................................................................................................................... 19

Extradition of PKK leader approved by Justice Minister Donner...................................................................................................... 19

NORWAY..................................................................................................................................................................................................................... 20

Harsh consequences of new legislation........................................................................................................................................................ 20

Unaccompanied minors stay alone in Norway.......................................................................................................................................... 20

Romania........................................................................................................................................................................................................................ 20

Report highlights lack of resources to implement Romanian Roma policy..................................................................................... 20

Slovak Republic...................................................................................................................................................................................................... 20

Slovak asylum legislation amended................................................................................................................................................................ 20

UNHCR Slovakia alarmed at tough Slovak acceptance rate................................................................................................................ 20

SPAIN............................................................................................................................................................................................................................. 21

Spain and Morocco to cooperate closely on matters of terrorism and illegal immigration..................................................... 21

SWEDEN....................................................................................................................................................................................................................... 21

Swedish asylum appeals system to change.................................................................................................................................................. 21

Sweden to issue biometric passports and electronic ID cards from 2005....................................................................................... 21

egovernment news 2.9.2004 Sweden to start issuing biometric passports and e-ID cards in 2005 http://europa.eu.int/ida/jsps/documents/dsp_showPrinterDocument.jsp?docID=3247&lg=en................................ 21

The European Court of Human Rights suspends expulsion order against Nigerian woman.................................................. 21

Date set for changes in asylum appeals system......................................................................................................................................... 21

SWITZERLAND........................................................................................................................................................................................................ 22

Swiss vote against easing of citizenship laws for immigrants.............................................................................................................. 22

Swiss vote against restrictions on foreign population............................................................................................................................. 22

Swiss Canton Vaud last to take hard line on unsuccessful asylum seekers..................................................................................... 22

Undocumented asylum seekers prevented from applying for a drivers licence, and obtaining a prepaid mobile phone........................................................................................................................................................................................................... 22

UNITED KINGDOM................................................................................................................................................................................................ 22

Facing upcoming elections, UK toughens asylum stance...................................................................................................................... 22

Asylum Seeker death toll reported.................................................................................................................................................................. 23

British Eurostar immigration controls extended to Belgium................................................................................................................ 23

Scotland in need of immigrants........................................................................................................................................................................ 23

Home Office wrongly deported Indian.......................................................................................................................................................... 23

Court of Appeal ruling declares that the Human Rights Act could apply outside the UK, in certain circumstances.......................................................................................................................................................................................................... 23

Ukraine......................................................................................................................................................................................................................... 24

Ukraine dismisses idea of setting up transit ‘centres’ for Chechen refugees in the country.................................................... 24

Vatican......................................................................................................................................................................................................................... 24

Archbishop Silvano Tomasi addresses UN Panel and calls for respect of refugees’ rights..................................................... 24

EU Developments................................................................................................................................................................................................. 25

ECRE MATERIAL.................................................................................................................................................................................................... 25

PRESIDENCIES OF THE EU............................................................................................................................................................................... 27

The Dutch Presidency.......................................................................................................................................................................................... 27

JHA COUNCILS........................................................................................................................................................................................................ 28

COUNCIL DIRECTIVES....................................................................................................................................................................................... 29

Procedures directive and Safe Country list................................................................................................................................................. 29

EUROPEAN COMMISSION................................................................................................................................................................................ 29

EUROPEAN PARLIAMENT................................................................................................................................................................................ 31

CONSTITUTIONAL TREATY............................................................................................................................................................................ 32

Other Developments............................................................................................................................................................................................ 32

Publications, websites and events................................................................................................................................................ 34

ECRE’s Policy and Advocacy Publications........................................................................................................................................... 34

Other Publications............................................................................................................................................................................................... 34

Events............................................................................................................................................................................................................................ 36

Websites....................................................................................................................................................................................................................... 37

No. 10

November 2004

ECRE DOCUMENTATION SERVICE

Policy Developments

ECJ

Russian Federation

For the first time the European Court of Human Rights is looking into cases of suspected abuse by the Russian army against the civilian population of Chechnya. A first hearing was mainly dedicated to complaints lodged against Russia by six civilians, five of whom attended the hearing itself. All lost close relatives or property during the bombings or raids undertaken by Russian troops in the separatist Caucasian republic.

http://www.echr.coe.int/Eng/Press/2004/Oct/HearingKhashiyev&AkayevavRussia121004.htm

United nations

UN envoy to Kosovo finds mixed progress on returns of Serbs

Soren Jessen-Petersen, the senior UN envoy to Kosovo, recently stated that minority populations continue to face serious difficulties in the province. “There should be and must be no places where people are forced to live behind barbed wires and protected by KFOR” he stressed.

UN News Service, 9.10.2004, http://www.un.org/apps/news/story.asp?NewsID=12175&Cr=Kosovo&Cr1=

UNHCR

UNHCR Executive Committee Meeting, 4- 8 October 2004

The opening statement was made by the Chairman of the Executive Committee, Ambassador Hernán Escudero Martínez from Ecuador, who stated that during his chairmanship he would place special emphasis on linking refugee relief assistance to broader development projects. High Commissioner for Refugees Ruud Lubbers went on to open the session. After an overview of the worldwide refugee situation, Lubbers outlined the organisation’s operational challenges, such as the continued prioritisation and implementation of the ‘five promises to refugee women’, the need to review the UN’s global security management practices and the added security needed for UNHCR missions. The High Commissioner elaborated on the progress of Convention Plus and discussed the increasingly worrying atmosphere that refugees face today, which he attributed to the fear of terrorism and the general politicisation of immigration.

To read his speech, see http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.htm?tbl=ADMIN&id=416139aa4&page=admin

Executive Committee Conclusions

General Conclusion on International Protection

Need to strengthen action to prevent and respond to sexual and gender-based violence and take a comprehensive approach to specific refugee situations. The organisation expressed its preference for voluntary, rather than forced, repatriation.

Conclusion on International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations

Among other recommendations, the provision of emergency financial and technical assistance, the implementation of coordination mechanisms, the establishment of an effective consultation mechanism and the setting up of standby arrangements were supported. The organisation also stressed the need for a thorough evaluation of the impact of refugees on host-countries.

Conclusion on Legal Safety Issues in the Context of Voluntary Repatriation of Refugees

The organisation upheld the right of refugees to return to their home country and stressed that it was the obligation of States to receive them. In order to facilitate returns, States were urged to issue the necessary travel documents. States were also encouraged to allow refugees to return to their place of origin. The organisation also stressed the need for States to ensure that returning refugees are safe from persecution, discrimination or detention and emphasised the need for fair and effective restitution mechanisms.

To read the conclusions, see ‘Report of the Fifty-Fifth Session of the Executive Committee of the High Commissioner’s Programme’, A/AC.96/1003 http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=EXCOM&id=4174ca81c

Statement by the Director of the Department of International Protection

In addressing a wide variety of issues, Ms Erika Feller told the Executive Committee that politicising the asylum debate does not solve the migration concerns of states. She expressed concern regarding the almost exclusive focus of States on anti-terrorism measures to the detriment of asylum-seekers and refugees, stressing that international refugee instruments provide for the exclusion of terrorists from refugee protection. She lamented the fact that the term ‘effective protection’ has become a term of art and is increasingly seen as a way of limiting States responsibilities towards particular groups of asylum seekers and refugees. She emphasised that for UNHCR “effective protection is quality protection”. In relation to proposals on interception in the Mediterranean she said that “unilateral responses that may well just shift burdens, but fail to address underlying problems should be avoided” She urged States to uphold the 1951 Refugee Convention, co-operate more and engage in better burden and responsibility sharing. She closed her speech by recommending resolute leadership and exertion of effort to de-dramatise and de-politicise the humanitarian challenge of protecting refugees.

To read the speech, see http://www.unhcr.ch/cgi-bin/texis/vtx/excom/+GwwBmfpePhnwwwwnwwwwwwwxFqz6Xhn+wmv6mFqh0kgZThFqh0kgZTtFqnnLnqzFqmRbZAFqh0kgZTDzmxwwwwwww1FqmRbZ/opendoc.htm

Commissioner’s Closing Statement

Ruud Lubbers closed the Executive Committee with an emotional speech dedicated largely to the negative change in the environment in which UNHCR provides protection. He expressed fear that a generalized trend toward more restrictive policies could hinder the consolidation of the asylum regime and its effective implementation. He noted the mischaracterization of international refugee instruments as providing a safe haven for terrorists. With regards to the situation in Europe, the High Commissioner for refugees discussed the recent events in Italy and criticised the delayed reaction to UNHCR’s request to be granted access to Lampedusa. He urged European governments not to forget humanitarian standards.

To read his speech, see http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.htm?tbl=ADMIN&id=416682254&page=admin

ICVA criticises UN for secrecy in appointment of new High Commissioner for Refugees

The post of UN High Commissioner for Refugees is due to be filled by the end of October. The International Council of Voluntary Agencies is critical of the absolute lack of transparency with which the new commissioner is chosen. Medecins sans Frontieres, an ICVA member, said that the candidates should be known and that there should be a public arena to allow debate, rather than discussions taking place behind closed doors. Kofi Annan refused to name the candidates he was considering. Candidates are either self-declared or proposed by their governments. Mr Annan will make the appointment, which then has to be approved by the UN General Council.

The Guardian, 5.10.2004, UN draws fire for covert selection of top humanitarian official, http://www.guardian.co.uk/print/0,3858,4072046-103681,00.html

High Commissioner’s Forum issues Framework of Understanding on Resettlement

The High Commissioner’s Forum adopted a ‘Multilateral Framework of Understanding on Resettlement’ in response to the Agenda for Protection’s call for more efficient use of resettlement, both as a tool for protection and as a durable solution. The document aims to promote a more strategic use of resettlement by outlining principles, such as family unity or transparency, that are to guide parties in developing resettlement responses. It is not legally binding.

Multilateral Framework of Understanding on Resettlement

http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=PROTECTION&id=414aa7e54&page=protect

EU should not turn back Chechen refugees

During a visit to Poland, the High Commissioner for Refugees, Ruud Lubbers, urged the EU not to reject the growing number of Chechens seeking asylum in the wake of the Beslan school siege. Lubbers said that these people could be granted refugee status or a temporary status. Lubbers rejected the idea of creating a refugee camp outside the bloc’s borders, possibly in Ukraine.

Reuters, 17.9.2004, EU should not turn back Chechen refugees UN says, http://www.alertnet.org/thenews/newsdesk/?fb_countrycodes=219511&limit=10&rt=1&start=10

Return of Liberian IDPs to start in November

Golam Abbass, UNHCR deputy head in Liberia, stated that an official drive to return approximately 300,000 internally displaced people to their former homes in Liberia will start in November. UNHCR expects up to 100,000 IDPs to return by the end of the year. The agency said that security is paramount to the success of the resettlement plan, and that it will not encourage return to areas where disarmament exercises have not been completed. UNHCR assisted the first refugees to return on the 1^st of October.

Jesuit Refugee Service, Liberia: UNHCR return of displaced to start in November http://www.reliefweb.int/w/rwb.nsf/0/CE460C5909F1406C85256F27007B4F04?OpenDocument&Start=1&Count=1000&ExpandView&StartKey=Great+Lakes

Clarification of UNHCR EU/North Africa asylum project

UNHCR clarified its involvement in a project aimed at strengthening asylum systems in North Africa by promoting the development of asylum legislation and training in light of recent proposals by Germany and Italy to set up ‘camps’ in North Africa. UNHCR stressed that its project in no way involves Reception centres.

Press release, 1.10.2004

High Commissioner for Refugees addresses EU ministers

Ruud Lubbers urged EU Member States on the occasion of the informal Justice and Home Affairs Council of 30 September-1 October, to ensure that their policies do not merely align with the lowest standards agreed in the EU asylum directives, but that they strive for the highest possible quality of refugee protection. He drew attention to the need for assistance in the new Member States to cope with asylum seekers and appealed to ministers to build up the capacity of countries outside of the EU to protect refugees.

Press release, 1.10.2004

UNHCR concerned over continued forcible returns of potential refugees from Libya

UNHCR has raised concern over the Libyan government’s implementation of minimum standards for the treatment of persons who might be in need of international protection. UNHCR states that it interviewed 60 Eritreans after their arrival in Sudan, following their arrival in Libya aboard a highjacked plane. The interviews revealed that Libya took no care to ensure that people in need of international protection are treated properly. Basic rights, such as the right to access an asylum procedure, were ignored. UNHCR reminded Libya to uphold its obligations under the 1969 Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, and in particular to respect the norm of non-refoulement. While acknowledging the difficulties Libya faces in addressing mixed flows, UNHCR urged the Libyan government to undertake no further deportations of potential asylum-seekers and to give UNHCR unhindered access to individuals who wish to apply for asylum in Libya.

Briefing Note 21.9.2004

Returns to Bosnia and Herzegovina reach 1 million

The latest UNHCR statistics from Bosnia and Herzegovina show that 1 million former refugees and displaced persons have now returned home. High Commissioner Ruud Lubbers believes that the scale of the return shows very clearly the wider benefits for the international community of devoting considerable effort and resources to resolving problems in regions of origin. UNHCR highlighted that although the overall rate of returns has fallen sharply over the past two years, it is encouraged by the high proportion of people returning to areas where they are in a minority. At the same time, a large number of refugees from Bosnia and Herzegovina are still internally displaced or remain in the region, including around 100,000 living in Serbia and Montenegro and in Croatia. There are also believed to be around 50,000 Bosnians living in other parts of Europe or elsewhere.

Briefing Note, 21.9.2004

COUNCIL OF EUROPE

ECRI General Policy Recommendation no.9 on the fight against anti-semitism

The European Commission against Racism and Intolerance published a General Policy recommendation on the fight against anti-semitism. This is the first European legal text on fighting anti-semitism. ECRI is convinced that an adequate response to the increase in the dissemination of anti-semitic ideas and in acts of violence perpetrated against members of Jewish communities and their institutions can only be developed through the concerted efforts of all relevant actors in Europe. The paper is a reaction to the recent rise in anti-semitic behaviour in Europe and was adopted in June 2004. The text suggests legal and policy measures that States should undertake in a variety of areas. These include: criminal legislation, education and awareness-raising, research, and inter-faith dialogue.

http://www.coe.int/t/E/human_rights/ecri/

Parliamentary Assembly issues Recommendation on the Chechen Republic

Rapporteurs from the Council of Europe urged the Russian Federation to do more to boost human rights and freedoms in Chechnya, saying that this would reduce the risk of attacks such as the Beslan school siege. Council rapporteur on humanitarian affairs Tadeusz Iwinski regretted that the security and humanitarian situation in the Chechen Republic remained unsatisfactory. The Parliamentary Assembly agreed to establish a round table of key forces in the Chechen Republic to exchange views and to discuss Chechnya’s future. Only people that recognise the territorial integrity of the Russian Federation and who reject terrorism as a way to achieve goals will be allowed to participate.

Provisional Resolution 1402 (2004) On the political situation in the Chechen republic: measures to increase democratic stability in accordance with Council of Europe standards, adopted 7.10.2004

Provisional Recommendation 1678 (2004), adopted 7.10.2004

Press release, 7.10.2004, PACE to establish a round table to follow human rights, democracy and the rule of law in Chechen Republic http://press.coe.int/cp/2004/489a(2004).htm

Council of Europe Anti-Torture Committee visit to Poland

A delegation of the European Committee for the Prevention of Torture or Inhuman and Degrading Treatment or Punishment carried out a visit to Poland from 4 to 15 October 2004. On its third visit since 1996, the delegation reviewed measures taken by the Polish authorities in response to the Committee’s recommendations made after its last visit in 2000. In particular it looked at, detention safeguards, prison conditions and the treatment of foreign nationals in detention under the aliens legislation. The delegation visited numerous police, border guard and prison establishments.

http://www.cpt.coe.int/documents/pol/2004-10-19-eng.htm

Council of Europe Congress discusses corruption, trafficking and funding

The fifth Forum of Cities and Regions of South-East Europe took place in Budva, Serbia and Montenegro on 11 and 12 of October. The forum discussed action against corruption and human and drug trafficking. Other topics on the agenda included ways for municipalities to gain EU funding, fiscal decentralisation and the use of tourism. Further information on the Forum will appear on www.coe.int/T/E/Clrae/

UNITED NATIONS TREATY MONITORING BODIES

Concluding Observations

The concluding observations are available at the website of the Office of the High Commissioner for Human Rights http://www.unhchr.ch/tbs/doc.nsf

UN HUMAN RIGHTS COMMITTEE

82^nd session

Albania

Press release, 19 October 2004

The Human Rights Committee considered the initial report on Albania. The question of non-refoulement was raised by the Committee Experts.

Finland

Press release, 19 October 2004

The Human Rights Committee considered the 5^th periodic report from Finland. In response to questions raised by the Committee Experts concerning asylum seekers and Finland’s Aliens Act, the Finnish delegation said that individual circumstances were always considered in applying the safe country of origin concept. In relation to this, the law also provides that the state concerned should have an impartial judicial system allowing for the right to a fair trial of the person in question, and asks whether serious violations of human rights have taken place there. In the case of a negative decision, the applicant is allowed to apply for a suspension on the decision.

Furthermore, the principle of non-refoulement is, according to the delegation, very well guarded in Finnish legislation and is enshrined in both the Constitution and the Aliens Act. The Government report on the implementation of the new Immigration Act of 2002 laid down certain policy guidelines and made proposals on measures to be taken that ensured non-discrimination.

Poland

Press release, 28 October 2004

The Human Rights Committee considered the 5^th periodic report on Poland. The Polish delegation was asked to comment on the situation of asylum seekers and the principle of non-refoulement, in particular with regard to Chechen asylum seekers. The Committee referred to Poland’s report, which indicated that out of a total of 25 applications for asylum filed in 2002, no positive decisions had been issued. According to the delegation, a foreigner must prove that s/he requires protection, in order to be granted asylum status. In these 25 cases, none of the requirements for asylum were met and therefore they were rejected. The delegation stated that, as of 2003, the non-refoulement principle was being fully observed in Poland, particularly in relation to nationals of Chechen origin.

The Committee will issue its formal written conclusions and recommendations on the Albania and Finland reports towards the end of its session, which will conclude on 5 November 2004.

http://www.unog.ch/search/startpress.asp?category=CT&Action=Go&lang=&SearchString=Press

UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD

Consideration of State reports

For the full text of the Committee’s considerations visit

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/150f4d6ebc51e89cc1256f2000561962?Opendocument

Croatia

CRC/C/15/Add.243, 1 October 2004

During its 37^th session, the Committee on the Rights of the Child gave its concluding observations on the 2^nd periodic report of Croatia. The Committee welcomed Croatia’s adoption of an Asylum Law in 2003, and acknowledged the progress achieved in the area of asylum. However, it remained concerned about the delays in its effective implementation. Although the challenge faced by Croatia in relation to meeting the needs of a large quantity of refugees was noted, concerns were raised regarding the fact that for returnees and displaced persons, mainly children, return is still hindered by administrative impediments and the hostile attitudes of some central and regional officers. The Committee also expressed concern regarding the difficult access to education and health care faced by refugee and internally displaced children.

The Committee recommended that Croatia ensure that the rights of refugee and asylum seeking children are upheld, and that there should be no discrimination in benefit entitlements for asylum seeking families that could negatively affect their children. The Committee further recommended that Croatia take effective measures to resolve the problem of property owners, mainly Serbs, returning to their homes before the occupiers (refugees and displaced persons) have been able to find alternative accommodation. It recommended that further efforts be undertaken to facilitate the return of refugees and displaced persons. The Committee in addition recommended that Croatia introduce specific laws, administrative regulations or directives that provide special procedures and address the special needs of unaccompanied and separated asylum seeking children. In particular they should ensure that proper accommodation arrangements are made for these children.

Furthermore, the Committee recommended that Croatia strengthen its administrative and judicial measures to prevent and eliminate de facto discrimination against children belonging to minorities, especially Roma and foreign children. Also, the Committee expressed concerns regarding the absence of disaggregated statistical data and other information on the situation of children, particular with respect to displaced, refugees and asylum seeking children and others belonging to vulnerable groups. The Committee recommended that Croatia ensure the availability of reliable data regarding children, collected by age, gender and ethnic origin, in addition to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention.

COUNCIL OF EUROPE

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

http://www.cpt.coe.int

“CPT Standards” and further documents about the CPT are now available in Italian.

CPT Visits

Serbia and Montenegro

On 16 September 2004, the European Committee for the prevention of Torture (CPT) began its two-week long visit to Serbia and Montenegro. It was the first time the CPT examined the treatment of persons deprived of their liberty in Serbia and Montenegro. The CPT delegation visited amongst other institutions, a centre for foreigners.

Poland

The European Committee for the Prevention of Torture (CPT) carried out its 3^rd periodic visit to Poland, from 4 to 5 October 2004. The CPT’s delegation re-examined measures taken by the Polish authorities in response to the Committee’s recommendations made after their last visit, in 2000. Particular attention was paid to the safeguards offered to person detained by police, the treatment of foreign nationals held under aliens legislation and prison conditions.

EUROPEAN COURT OF HUMAN RIGHTS

The full texts of the following cases are available on http://www.echr.coe.int

Amara v. the Netherlands (no. 6914/02)

Article 8, inadmissible

The applicant, a Moroccan national, had lived illegally in the Netherlands for six and a half years, before applying for a residence permit in April 1998. He based his application on his relationship with a Dutch national, with whom he had a child. His partner also had a child from a previous relationship. His application was rejected, since the authorities found that the applicant was known to them under seven different aliases. Under one of them he had been convicted of robbery and sentenced to eight months’ imprisonment in January 1993. The applicant appealed this decision, but the Deputy Minister of Justice rejected the appeal. In January 1999 the applicant got married to his partner and the couple had a second child in October of that year. In September 2001, the Regional Court made a final rejection decision on his application for a residence permit.

The applicant complained to the Court that the refusal of his request for a residence permit was contrary to the right to respect for family life, as guaranteed by Article 8 of the Convention.

The Court found the claim inadmissible. The Court noted that it was not until April 1998 that the applicant filed a request for a residence permit on the basis of the family life he had developed during his illegal stay in the Netherlands. Furthermore, the applicant had repeatedly given false identities, and under one of these false identities he was convicted of robbery, which rendered him, in principle, liable to being declared an undesirable alien. It also found, in this regard, that the applicant had never served his sentence. In view of these elements taken together, the Court considered that there were strong factors of immigration control, public order and public safety weighing against the applicant.

The Court further noted that his wife must have been aware of the applicant’s precarious situation in the Netherlands when she decided to start a family with him. Also, since his wife was of Moroccan origin, the Court found no indication of any insurmountable practical obstacle for his wife and her three children to follow the applicant to Morocco. As regards the situation of the child born out of a previous relationship, the Court could not consider her position to be of decisive importance as regards the Netherlands’s positive obligations under Article 8 in respect of the applicant. The Court in particular took notice of the fact that this child was to turn 18 in 2006. At this age she could return to the Netherlands, or she could remain with relatives until the day she would come of age. The Court finally noted that, in any event, it would still remain possible for the applicant to visit his family in the Netherlands, as the impugned decision did not entail an exclusion order.

A.B v. Sweden (no. 24697/04)

Expulsion to Iran, Articles 3 and 8, inadmissible

The applicant, an Iranian national, was granted political asylum and a permanent residence permit in 1989. In 1996 the applicant was arrested and charged with having murdered his wife. He was convicted of murder and sentenced to ten years’ imprisonment and lifetime expulsion from Sweden. In 2001, he informed the Government that he had travelled to Sweden on forged documents and hence had applied for asylum under a false identity. He maintained that his political activities were such that he would face persecution if returned to Iran. He further claimed that his political activity had continued in Sweden. He published a book in 2002, which included information about his political activities, experiences in Iranian prisons and criticism of the Iranian regime. Following consultation with the Swedish Embassy in Iran, the Government decided that the expulsion was to be executed. The applicant appealed this decision twice, and invoked his youngest son’s deteriorating psychological status, which was caused by the fear of losing his father. The Government rejected both applications.

The applicant complained that, if expelled from Sweden to Iran, he would face a real risk of arrest and subjection to treatment contrary to Article 3 of the Convention. He further complained under Article 8 of the Convention, that his expulsion would violate his right to respect for family life, since his youngest son was still a minor and in great need of his father.

The Court found the claim inadmissible. First, regarding the applicant’s political activity, the Court found that the applicant’s alleged political activity in Iran dated back more than twenty years in time and his political activities in Sweden dated back more than ten years. Hence, the Court considered that the applicant would not face a substantial risk of being persecuted, arrested or ill treated due to his political activities on return. Moreover, the Court, having regard to the very limited copies printed, the fact that it was in Swedish, and, in particular, that it described the situation in Iran 20 years ago was not convinced that the book would lead to persecution or ill treatment if the applicant were returned to Iran.

Secondly, regarding the supposed violation of Article 8 of the Convention, the Court considered that, since one son was an adult and the other nearly an adult, the applicant could keep in contact with them by mail and telephone, and by visits to Iran. Additionally, the Court had no doubt that the applicant’s brother living in Sweden, who had been of great support to both boys during the applicant’s imprisonment, would continue to be of help to them if the applicant were to be expelled. What is more, in order to decide whether the interference was justified, the applicant’s interest had to be balanced against the public order interest of Sweden. The Court considered that the crime of which the applicant was convicted was of such nature that his expulsion must be considered to have been justified by on public order grounds.

F v. the United Kingdom (no. 36812/02)

Expulsion to Libya, Article 3, inadmissible

The applicant, a Libyan national, had lived in the United Kingdom since 1977. The applicant applied for asylum in May 1980, based not on his own political activity, but the political activity of a family member. His application was rejected, and he was to be deported to Libya. This deportation order was however revoked in October 1980, on the basis of his marriage to a UK citizen. In 1983 it was revealed that the applicant was no longer living with his spouse. However, in May 1984 the applicant applied for indefinite leave to remain on the basis of his marriage. The Secretary of State refused this application in February 1985. The applicant appealed the decision, now arguing that he merited asylum. This application was also rejected. Several appeals were made, and the Court of Appeal issued a final rejection of his application in October 2002.

The applicant complained that there was a real risk that, on expulsion to Libya, he would be subjected to treatment contrary to Article 3 of the Convention. He submitted that, as a failed asylum seeker, he was likely to be ill treated if returned, contrary to Article 3 of the Convention.

The Court found the case inadmissible. The Court acknowledged the fact that the Libyan security network is well documented, and was prepared to assume that the authorities would be aware that the applicant had once applied for asylum in the UK, and been rejected. The Court further noted that the current regime in Libya has a well-documented disregard for basic human rights. However, the Court reached the same conclusion as the UK Immigration Appeal Tribunal (IAT). The IAT, after examining a number of recent reports concerning the treatment of failed asylum seekers, concluded that a returned asylum seeker who could explain his application on economic or other non-political grounds, and who had no involvement in political opposition to the regime, was unlikely to be detained for more than a short period, or ill-treated. The Court stated in particular that one of the reports examined by the IAT, a report by the Swedish Immigration Board based on a detailed fact-finding mission, provided convincing evidence as to the lack of a real risk to the appellant, in May/June 2002, solely on the basis of being a failed asylum seeker. The findings of this report were also supported by the findings in the report of the Dutch Immigration Service of 20 November 2002.

Election of President, Vice-Presidents and Section Presidents to the European Court of Human Rights

On 11 October 2004, the European Court of Human rights re-elected its President, Luzius Wildhaber (Swiss) for a three-year term beginning on 1 November 2004. The Court also re-elected two Vice-Presidents, Christos Rozakis (Greek) and Jean-Paul Costa (French) who will also sit as Section Presidents. Sir Nicolas Bratza (British) was re-elected Section President, and Boštjan Zipancic (Slovenian) was elected Section President for the first time. Their terms of office will also be of three years and begin on 1 November 2004.

http://www.echr.coe.int/Eng/Press/2004/Oct/Electionofpresidentvice-presidents111004.htm

Election of judge to the European Court of Human Rights

On 6 October 2004, the Parliamentary Assembly of the Council of Europe elected Ján Šikuta to the position of judge at the European Court of Human Rights in respect of the Republic of Slovakia.

http://www.echr.coe.int/Eng/Press/2004/Oct/ElectionofSlovakianjudge061004.htm

EUROPEAN COURT OF JUSTICE

For full texts of the following case, visit

www.curia.eu.int

United Kingdom

C-200/02, 19 October 2004

Freedom of movements for persons

On 19 October 2004, the European Court of Justice ruled that a young child who is a national of a Member state is entitled to reside in another member state, if he or she is covered by medical insurance, and has sufficient resources.

Man Lavette Chen went to Northern Island, UK, in order to give birth to her second child. Her daughter Catherine obtained Irish nationality, since under Irish law, any person born on the island of Ireland may acquire Irish nationality. However, the child was not entitled to obtain either British or Chinese nationality. Chen and her daughter are living at present in Wales, UK. After having been refused a long-term residence permit, Chen and her daughter lodged an appeal. The Immigration Appellate Authority asked the Court of Justice to give a ruling as to whether Community law confers on Catherine and her mother a right to reside in the UK.

The Court ruled that the fact that Catherine does not possess necessary resources herself is irrelevant, because Community law does not lay down any requirement as to the origin of such resources. Also, the UK could not reject her application for a residence permit on the sole ground that her acquisition of Irish nationality was intended to secure a right of residence under Community law, for a national of a non-member country. The court upheld that the conditions for the acquisition and loss of nationality are a matter for each Member State, and a Member State cannot restrict the effects of grant of the nationality of another Member State.

Furthermore, the Court held that to refuse Man Lavette Chen a right to reside with her daughter in the UK would render her daughter’s right of residence totally ineffective, since for Catherine to be able to enjoy her right of residence, she must, as a young child, be entitled to be accompanied by her carer.

BELGIUM

Belgian expulsion policy questioned

Belgian Interior Minister Patrick Dewael is seeking to improve the way Belgium expels illegal immigrants and unsuccessful asylum applicants. The minister expressed concern regarding the expulsion of individuals that are denied entry to their country of origin.

Expatica 2.9.2004 Call for more effective expulsion policy www.expatica.com/source/site_article.asp?subchannel_id=24&story_id=11372

CZECH REPUBLIC

Changes to Czech Asylum legislation being discussed

Changes to the Czech Asylum Act (325/1999) and the Czech Aliens Act (326/1999) are currently being discussed. The ‘2^nd amendment’ to the Asylum Act has led to criticism from UNHCR, NGOs, the Czech Ombudsman Office and the Government Committee on Human Rights. Several suggested provisions infringe the rights of asylum seekers. These include: the abolition of the suspensive effect of appeals for manifestly unfounded and inadmissible cases as well as the extension of the maximum detention period of asylum seekers at airport reception facilities. The amendment to the Czech Aliens Act deals mainly with detention issues. Changes include the shortening of the maximum length of detention of unaccompanied children to 3 months, and changes to the Czech Employment Act (435/2004) to make it easier for asylum seekers to obtain work permits. Local refugee agencies such as the Counselling Centre for Refugees in Prague as well as UNHCR Prague have argued against the proposal. The Counselling Centre described it as a “populist statement that pops up every time before elections”.

The Prague Post 21.10.2004 Critics scorn asylum plan http://www.praguepost.com/P03/2004/Art/1021/news6.php

Change in Czech policy regarding separated children

Until recently, separated children in the Czech Republic were appointed legal guardians to represent them during the asylum procedure. This practice has changed and the Czech Department of Social and Legal Protection of Children is now appointed guardian. This practice is seen as problematic as the Czech Act of Legal and Social Protection of Children does not grant the Department of Social and Legal Protection of Children competency in this area and the staff have no special training or experience in working with separated children.

For further information contact Czech NGO Organisation for Aid to Refugees OPU

www.opu.cz

Coercive Sterilisations in the Czech Republic

The European Roma Rights Centre (ERRC) issued a clarifying position regarding investigations into both the historic legacy of coercive sterilisations in the Czech Republic and its present practice. The position elaborates on the centre’s work and provides evidence that suggests that coercive sterilisation of Romani women is still practiced in the Czech Republic today.

ERRC http://www.errc.org/cikk.php?cikk=1988

DENMARK

Iraqi Minister for Displaced People and Migration appeals to Denmark, Sweden and Norway to delay repatriation of Iraqi asylum seekers

The Minister, Mrs Warda, made the request first on September 27^th in Stockholm, and then went on to meet the Norwegian Minister for Local Government and Regional Development. She explained that her government’s first priority was to assist the approximately 800,000 internally displaced people in Iraq before admitting those who had fled to neighbouring countries. Only afterwards will the country be ready to accept Iraqis from affluent, industrialised nations.

Norwegian Federal Ministry, 2.10.2004, Visit of the Iraqi Minister of Displacement and Migration

http://odin.dep.no/krd/norsk/aktuelt/pressem/016081-070259/dok-bn.html

Migration News Sheet October 2004

Tough times for mixed couples in Denmark

Strict immigration laws are leading young Danish newlyweds to live abroad. The Danish government introduced legislation that aims at thwarting forced marriages by banning Danes under the age of 24 from bringing in husbands or wives who are not EU citizens. Moreover, mixed couples of all ages that want to live in Denmark have to prove that they have stronger ties in Denmark than in the country of origin of the foreign spouse as otherwise they will have to live abroad.

Times online 2.10.2004 Mixed couples cross love bridge to exile http://www.timesonline.co.uk/article/0,,3-1289811,00.html

http://tampatrib.com/sportsnews/MGBRX7EBTZD.html

Migration News Sheet October 2004

High Court ruled in favour of Iranian seeking compensation for torture, following his repatriation

On 7 September 2004, it was announced that the High court ruled in favour of a 23-year-old Iranian who had sought compensation for being tortured in an Iranian jail, following his repatriation from Denmark.

Ashkan Panjeheighalehei applied for asylum in Denmark in 1997. His request was refused, and he was sent back to Iran in 1999. Allegedly, he was arrested upon return and endured two years of systematic torture. On return to Denmark, he was granted asylum in 2003 and has now been granted the sum of Dkr 200,000 as compensation from the Refugee Board.

Migration News Sheet, October 2004

http://www.rct.dk/usr/rct/web.nsf/fWEB?ReadForm&Load=RTIG-4L5JTU

http://ekstrabladet.dk/soeg/soeg.asp?sog=Ashkan

FRANCE

250,000 unsuccessful asylum seekers remain in France

According to the French newspaper Le Figaro, a confidential government report states that some 250,000 asylum seekers whose applications have been rejected since 1998 remain in France due to practical difficulties in carrying out their deportation.

Le Figaro 15.9.2004 Droit d'asile : les chiffres qui dérangent

www.lefigaro.fr

Expatica 15.9.2004 France ‘home to 250,000 rejected asylum seekers’.

Two ministerial decrees introduce amendments to the asylum procedure

On 14 August 2004, two ministerial decrees were introduced, which modify certain aspects of the asylum procedure.

Décret no. 2004-813, de la sécurité intérieure et des libertés locales, was issued by the Ministry of Interior. Under the terms of this decree, NGOs who allow their office address to be used as the official postal address of asylum seekers, must obtain recognition beforehand by the competent prefecture.

The Ministry of Foreign Affairs issued Décret no 2004-814. This decree shortens the time frame within which an asylum seeker can apply for protection after receiving a temporary residence permit, from one month to 21 days. If the prefecture decides that the request for protection is not founded, and refuses to issue a temporary residence permit, the French Refugee Office (OFPRA) has to examine the application within 15 days. If the asylum seeker has been placed in detention, the time frame is 96 hours. Previous to this decree, no deadline was imposed. The decree also provides for the creation of the post of director general of the OFPRA.

Migration News Sheet, September 2004

http://www.legifrance.gouv.fr

GERMANY

German Interior Minister pushes for EU asylum processing centres in North Africa

Interior Minster Otto Schily wants to set up EU asylum centres in North Africa, which will process asylum claims of refugees caught in the Mediterranean travelling to Europe illegally. Those without any claim to protection are to be sent back to their home country, while people in need of protection are to be resettled on the African continent. Schily envisages that in exceptional circumstances, some asylum seekers could also be transferred to the EU, based on voluntary pledges from Member States. The suggestion is strongly opposed both internally, by the coalition partner, the Green party as well as internationally, most notably by France and Spain. Italy supports Schily’s suggestion. Minister Schily stresses that the camps are a sensible idea from a humanitarian perspective, aiming at stopping the inhuman practice of smuggling and trafficking of people across the Mediterranean.

Euobserver 17.9.2004 Germany to push for migration camps in Africa http://euobserver.com/?aid=17316&rk=1

Die Welt 30.9.2004 Schily treibt Asyl-Plan für Afrika auf EU-Ebene weiter voran http://www.welt.de/data/2004/09/30/339603.html

EU Business 5.10.2004 Germany’s Greens condemn North Africa migrant camp plan

www.eubusiness.com/afp/041003140558.076463fn

German Foreign Ministry likely to toughen its visa policy

In reaction to increasing reports on abuse and misuse of German visas, the Foreign Ministry is considering a fundamental change to its visa policy. Currently, the visa policy follows what is known as the Volmer decree issued in March 2000, which orders German diplomatic missions to always decide to the benefit of the applicant in cases of doubt as to the motivation of the visit to Germany. Now, this policy is to be reversed, and diplomatic missions are to be advised to decide against issuing a visa if there is any doubt regarding the credibility of the application.

Die Welt 18.10.2004 Auswärtiges Amt verschärft Visa Regeln http://www.welt.de/data/2004/10/18/347795.html

German border guards sentenced over refugee death

A court condemned three border guards who caused the death of a Sudanese refugee during a forced flight home in 1999. It has taken more than five years to convict the border guards, who were sentenced to nine months suspended jail terms. The mild sentence was justified by the lack of guidelines and training previously provided to the border guards at the time of the incident.

The Times online 19.10.2004 Refugee died after being trussed up on aircraft

http://www.timesonline.co.uk/article/0,,3-1317216,00.html

AP 18.10.2004 Three German Border Police Officers Sentenced for 1999 Death of Sudanese Refugee http://ap.tbo.com/ap/breaking/MGB3343IH0E.html

US court grants asylum to German refugee

On 22 September 2004, a U.S federal appeals court ruled that an Afghan woman, who received refugee status in Germany 17 years ago, is eligible for political asylum in the United States.

Zakia Mashiri left Afghanistan in 1979 and was granted asylum in Germany, together with her Afghan husband. The couple became German citizens and had two German-born sons. According to Mashiri’s lawyer, the family started encountering anti-foreign violence in 1990, shortly after the fall of the Berlin Wall. The family entered the U.S. in 1996 and applied for asylum in 1998. Immigration courts ruled that they could be deported on the grounds that they could move safely to another part of Germany. The Ninth U.S. Circuit Court of Appeals in San Francisco, however ruled that Zakia had testified credibly that “friends throughout Germany reported anti-foreign violence”, and pointed to U.S. State Department reports that documented “declining, but continued” violence against foreigners in Germany.

According to the Court, Mashiri offered a “credible account of a death threat, violence against family members, vandalism, economic harm and emotional trauma” amounting to persecution and that the German government failed to prevent this. Several incidents had Nazi overtones, the court said.

The German government has criticised the ruling, and an Interior Ministry spokeswoman said the government hoped that the decision would be overturned.

http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/09/23/MNGN78TIL71.DTL&type=printable

http://www.haaretz.com/hasen/spages/492878.html

Ruling by the European Court of Human Rights to be used as interpreting aid

The case was brought by the complainant, the father of a child born illegitimately. Since 1999 he had unsuccessfully sought custody and the right to access in a number of judicial proceedings, including a constitutional complaint. In response to his individual application, the European Court of Human Rights (ECtHR) in 2004 declared that the decision on custody and the exclusion of the right to access violated Article 8 of the European Convention of Human Rights (ECHR). Hence the Local Court transferred custody to him and granted him a right of access by way of a temporary ruling on the complainant’s right to access. The Higher Regional Court overturned the temporary injunction and the complainant’s right to access.

In his constitutional complaint before the Second Senate of the Federal Constitutional Court, the complainant challenged the violation of his fundamental rights in respect of the Basic Law, and of the right to a fair trial. He submitted that the Higher Regional Court disregarded international law and had failed to recognise the binding effect of the decision of the ECtHR. He was essentially successful in his complaint. The Federal Constitutional Court overturned the order of the Higher Regional Court because it violated the complainant’s fundamental rights under the Basic Law, in line with the principle of the rule of law. The matter was therefore referred back to the Higher Regional Court.

According to the ruling of the Federal Constitutional Court, ‘being bound by statute and law’ includes taking into account guarantees of the ECHR and the decisions of the ECtHR as part of a methodologically justifiable interpretation of law. The Court stated that a failure to consider a decision of the ECtHR and implementing such a decision in a schematic way in violation of prior-ranking law, could violate fundamental rights in line with the principle of the rule of law. The state bodies must include the effects on the national legal system in their application of the law, when taking account of a decision of the ECtHR, the Court continued. This applies particularly when the relevant national law is a balanced partial system of domestic law that is intended to achieve a balance between differing fundamental rights.

http://www.bverfg.de/entscheidungen/frames/rs20041014_2bvr148104e

http://www.bundesverfassungsgericht.de/bverfg_cgi/pressemitteilungen/frames/bvg04-092e.html

GREECE

Greek government discusses re-drawing Greek immigration policy

Acknowledging its failure in formulating a workable immigration policy, Greek Prime Minister Costas Karamanlis called for a complete re-drawing of Greek immigration policy. The Greek government estimates that there are about 600,000 legal immigrants in Greece, and 300,000 illegal ones, plus about 50,000 individuals who are seeking asylum. The Government proposes to find a way to register and regulate the residence of all migrants in Greece.

Ekathimerini 21.10.2004 Greece rethinks immigration policy

http://www.ekathimerini.com/4dcgi/_w_articles_politics_100012_20/10/2004_48587

IRELAND

Criticism of treatment of detainees in Irish prison

The Northern Ireland Prison Service has been accused of ill treatment of immigration detainees who were temporarily placed in a top security prison. Refugee Action condemned the treatment of two Muslim men, who had been denied basic rights such as open air exercise and telephone calls, and cited this case as further proof that asylum seekers and other immigration detainees must not be held in prison.

PA news 20.10.2004 Storm over handling of immigration detainees http://news.scotsman.com/latest.cfm?id=3651720

ITALY

Kurdish refugee stowaways allowed to seek asylum in Italy after continued pressure

13 Kurdish Turks were stranded at sea off Malta after the captain of the ship in which they were discovered refused to return them to Turkey. UNHCR had urged the Italian government to obey EU law, according to which Italy was responsible for the asylum seekers as they first set foot in Italy. The Italian authorities originally refused to hear the claims and put the Kurds back on the ship. The conditions on board were described as ‘extremely tense’ and it was reported that one of the asylum seekers attempted to commit suicide. Eventually the Kurds were allowed access to the Italian asylum determination procedure. The Italian Ministry of the Interior said that it had changed its mind because the Kurds indicated that their asylum claims were being made on political grounds.

BBC Italy U-turn over Kurd refugees http://news.bbc.co.uk/1/hi/world/europe/3945731.stm

Reuters UN urges Italy, Malta to let stowaways seek asylum http://www.alertnet.org/thenews/newsdesk/L22364945.htm

Italy deports hundreds of asylum seekers as part of an ‘emergency policy’ that aims at deterring illegal immigrants

Since the weekend of October 2^nd, more than 1000 individuals have been deported by plane from the small Italian island of Lampedusa to Libya, without having had a proper chance to seek asylum in Italy. This has been facilitated by the recent conclusion of a readmission agreement between Italy and Libya. Previously all migrants arriving at Lampedusa were processed at the local reception centre and then transferred to other centres on the Italian mainland. According to the Italian Ministry of the Interior, this new development is an ‘emergency response’ to a sharp increase in arrivals in Lampedusa. The Ministry has confirmed that this new policy will continue in order to discourage illegal immigrants from travelling to Italy. This policy has been harshly criticised by many members of the Italian government, including members of the ruling coalition, as well as by UNHCR, the African Union, Amnesty International, the Italian Refugee Council and other NGOs. Meanwhile, a ship bound for Italy carrying migrants, among whom were asylum seekers, capsized off the coast of Tunisia, killing at least 17 people. After continued pressure, UNHCR Rome was able to gain access to the Lampedusa reception centre on October 6th in order to assess the conditions under which decisions to return individuals were being taken. The preliminary results of the evaluation reveal that the rushed methods used to sort incoming persons does not sufficiently allow for individual assessment.

The Guardian Italy deports hundreds of asylum seekers http://www.guardian.co.uk/italy/story/0,12576,1319445,00.html

UNHCR press release, UNHCR deeply concerned over returns from Italy

http://www.unhcr.ch/cgi-bin/texis/vtx/home/+zwwBmge5Vi3wwwwnwwwwwwwhFqn N0bItFqnDni5AFqnN0bIcFqDGnB1GD5aoBwcODzmxwwwwwww/opendoc.htm

Amnesty International, Italy: Human Rights of Refugees violated http://www.amnesty.org.uk/news/press/15628.shtml

MALTA

Jesuit Refugee Service urges Maltese government to fulfil duties towards asylum seekers

In reaction to the return of hundreds of would-be asylum seekers from Italy to Libya, the Jesuit Refugee Service (JRS) Malta called upon the Maltese government not to follow the Italian example. JRS stressed its concerns over the Italian practice especially with respect to breaches of the Geneva Refugee Convention and the uncertain human rights situation in Libya. JRS Malta also expressed understanding for the difficulty that Malta faces as a small island in assisting large numbers of incoming migrants. However, JRS stressed that "nothing can outweigh the value of human life".

The Times 22.10.2004 Maltese urged to fulfil duties towards asylum seekers

www.timesofmalta.com/core/print_article.php?id=166518

NETHERLANDS

Strong criticism of Dutch Immigration and Naturalisation Service (IND)

Lawyers and other experts told a Dutch Parliamentary hearing of the incompetence and prevailing negative attitude of staff working at IND. They alleged that court rulings in favour of asylum seekers are frequently circumvented or mis-implemented by IND staff, decisions are frequently delayed for months or years and documents are often untraceable. They also argued that IND tends to see asylum seekers as liars or profiteers.

Expatica 13.9.2004 Lawyers slam IND delays, 'legal tactics and prejudice'

http://www.immigrationtoday.it/pages_66349.html

Slow down in growth of foreign population

Figures released by the Dutch Statistics Office reveal that the growth of the number of foreigners living in The Netherlands has been reduced by 30% compared to 2000. This is said to be largely due to a dramatic decrease in net migration since 2003.

Statistics Nederlande, Foreign population growing more slowly www.cbs.nl/en/publications/articles/webmagazine/2004/1534k.htm

New Dutch marriage immigration plan strongly criticised

Dutch Immigration Minister Rita Verdonk has confirmed plans to oblige Dutch residents to earn a net monthly income of 1,319 Euros before being allowed to bring their foreign partner into The Netherlands. This represents a rise of 230 Euros on current regulations. Dutch residents will also need to be aged 21, instead of the current 18 years, before they can bring their foreign partner into the country. The new regulations will come into force on November the 1^st.

Expatica 15.10.2004 Verdonk unveils ‘inhuman’ marriage immigration plan http://www.expatica.com/source/forum_thread.asp?channel_id=1&thread_id=14554

Extradition of PKK leader approved by Justice Minister Donner

On 7 September 2004, Justice Minister Donner declared that he had decided to extradite Kurdish PKK leader Nuriye Kesbir to Turkey. Kesbir is accused of carrying out 25 attacks between 1993 and 1995, against Turkish citizens and soldiers in the Kurdish war of independence. She has denied the allegations.

Kesbir was arrested in the Netherlands in 2001, and was denied political asylum by former Dutch Immigration Minister Nawijn in 2002. Kesbir appealed this decision, but on 23 July 2004 the Council of State ruled that Nawijn had correctly refused Kesbir asylum, since Kesbir’s file indicated that she was aware of, and personally involved in the alleged attacks.

Regarding Turkey’s request for extradition, it was ruled by the Supreme Court on 7 May 2004, that Kesbir could be extradited to Turkey. Justice Minister Donner, who was to take the final decision on the case, has received an explicit guarantee from Turkey that Kesbir will be given a fair trial in accordance with international law. According to Kesbir’s lawyer, she will appeal against Donner’s decision to extradite her. If this appeal fails, Kesbir will take the matter to the European Court of Human Rights.

http://www.expatica.com/source/site_article.asp?subchannel_id=19&story_id=11524&name=Donner+approves+extradition+of+PKK+'terrorist'

http://www.expatica.com/source/site_article.asp?subchannel_id=1&story_id=9833

http://www.beyan.net/bnews.asp?intID=61

NORWAY

Harsh consequences of new legislation

New legislation approved this year by the right-wing majority in the Norwegian parliament provides for a total cut in services, including all forms of social aid, for unsuccessful asylum seekers. In practice this means that failed asylum seekers are left destitute. Five failed asylum seekers from Ethiopia turned to Sweden to escape hunger. UNHCR and the Norwegian Church are protesting against the inhumane legislation. UNHCR Scandinavia stated that “it is wrong to deny anyone food” and argued that it violated fundamental human rights.

Afrol news 4.10.2004 Ethiopian refugees “put to starve” in Norway http://www.afrol.com/articles/14440

Migration News Sheet October 2004, Municipalities protest against new policy of denying rejected asylum-seekers accommodation and welfare benefits

Unaccompanied minors stay alone in Norway

A new report issued by Redd Barna (Save the Children Norway) highlights the complete lack of care given to unaccompanied minors seeking asylum in Norway. The organisation recommends more staffing and better training for people working with young asylum seekers.

Aftenposten 11.10.2004 Young asylum seekers lack rights http://www.aftenposten.no/english/local/article888273.ece

Romania

Report highlights lack of resources to implement Romanian Roma policy

A report produced by the EU Monitoring and Advocacy Programme and the Open Society Institute details the local implementation of Romania’s strategy on improving conditions for Roma in the country. The report notes that, while many of the suggested bodies have been set up, they lack the resources to function effectively.

Euobserver 27.9.2004 Romania’s Roma policy lacks resources says report http://www.euobserver.com/?sid=15&aid=17379

To access the report http://www.soros.org/initiatives/roma/articles_publications/publications/romap_20040927

Slovak Republic

Slovak asylum legislation amended

The Slovak cabinet approved a draft amendment to its asylum law on the 29^th of September. The amendment covers a variety of issues. Among other things, it provides that asylum seekers who behave violently, who violate the rules of an asylum facility, or who are suspected of having committed a criminal offence, can be placed in a special asylum facility. Slovak Interior Minister Vladimir Palko admitted that this provision will apply especially to Chechen asylum seekers. Additional measures in the amendment provide that unaccompanied minors will be issued a legal guardian.

Slovensko 30.9.2004 Violent asylum seekers to be placed in a special facility http://www.slovensko.com/news/1680

UNHCR Slovakia alarmed at tough Slovak acceptance rate

The sharp rise in the number of asylum seekers, which is exceptional in the region, has not led to more people being granted protection. According to UNHCR Bratislava, Slovakia is the country with the lowest acceptance rate in Europe (0.2%). The situation of Chechen asylum seekers in Slovakia is most serious: while the acceptance rate for Chechen asylum seekers in Austria is 96%, it is zero in Slovakia.

Migration News Sheet October 2004, UNHCR raises the alarm for the third time on the increasing number of asylum-seekers and an acceptance rate close to zero

SPAIN

Spain and Morocco to cooperate closely on matters of terrorism and illegal immigration

Spain and Morocco will cooperate more closely on matters of terrorism and illegal immigration. The measures suggested include exchanging judicial information through judges appointed to work in the other country. The Spanish liaison judge will be Angel Jose Llorente Fernandez de la Reguera, an expert in international legal cooperation and immigration, while the Moroccan counterpart will be Nazhika Harrak, a human rights specialist. The two countries hope the exchange information will also help tackle organised crime, in particular human trafficking.

BBC 6.10.2004 Spain and Morocco in judge swap http://news.bbc.co.uk/2/hi/europe/3703218.stm

SWEDEN

Swedish asylum appeals system to change

The much criticised Appeals Board for asylum seekers whose applications are rejected at first instance is to be discontinued. As of January 2006, appeals will be processed through standard court procedures, before district and administrative courts of appeal. The allocated budget as well as the timetable set for the change are already being called unrealistic.

Migration News Sheet October 2004, Asylum appeals system in Sweden to change

Sweden to issue biometric passports and electronic ID cards from 2005

The Swedish government will issue biometric passports to its citizens from next year. The passports will feature a biometric identifier - a facial image of the holder - stored in a microchip. After Denmark, Sweden is the second country in the world to start issuing biometric passports, thus fulfilling new US requirements under the new US visa waiver programme.

egovernment news 2.9.2004 Sweden to start issuing biometric passports and e-ID cards in 2005 http://europa.eu.int/ida/jsps/documents/dsp_showPrinterDocument.jsp?docID=3247&lg=en

The European Court of Human Rights suspends expulsion order against Nigerian woman

On 21 September 2004, the European Court of Human Rights requested that Sweden suspend an expulsion order on a woman of Nigerian origin, pending a more detailed examination of the merits of the claim.

Aminatu Bello, a 20-year-old Nigerian woman, fled to Sweden in 2003 and applied for asylum. She claims that she risks being stoned to death if returned to Nigeria, for adultery. Her request for asylum was refused both by the Migration Board and the Aliens Appeal Board, after both authorities expressed doubts on Bello’s credibility.

While awaiting a Court decision on admissibility, Bello will, according to her lawyer request that the Migration Board re-examine her case.

Migration News Sheet, October 2004

http://www.sr.se/cgi-bin/include/PrinterFriendlyArticle.asp?artikel=475969&programID=159

http://www.dn.se/DNet/jsp/polopoly.jsp?d=147&a=327371

Date set for changes in asylum appeals system

On 10 September, it was announced that the Aliens Appeal Board will be replaced on 1 January 2006.

As of 1January 2006, the current appeal system is to be discontinued. After this date, appeals will be processed through standard court procedures, before district and administrative courts of appeal. The decision to dismantle the Aliens Appeal Board was taken three years ago, and the setting of the date of 1 January 2006 was agreed on in the budget negotiations between the minority Government of the Social Democratic party and the left and Green party.

Migration News Sheet, October 2004

http://www.sr.se/cgi-bin/include/PrinterFriendlyArticle.asp?artikel=469710&programID=83

SWITZERLAND

Swiss vote against easing of citizenship laws for immigrants

A referendum held on 26^th of September resulted in a rejection (57% voted ‘No’) of proposed changes to facilitate the naturalisation of ‘2^nd generation immigrants’. Those immigrants who had attended school in Switzerland for at least 5 years would have been eligible. A smaller majority (52 %) rejected a plan to grant automatic citizenship to the ‘third generation’ – those with Swiss grandparents.

EUObserver

Swiss vote no to making citizenship easier for immigrants http://euobserver.com/?aid=17377&print=1

The Independent, Swiss reject laws to help migrants after far-right campaign,

http://news.independent.co.uk/low_res/story.jsp?story=566054&host=3&dir=73

Swiss vote against restrictions on foreign population

A referendum seeking to limit the number of foreigners living in Switzerland was not accepted. 63% of voters opposed the proposal.

BBC, Swiss reject restrictions on foreign population http://news.bbc.co.uk/1/hi/world/europe/939511.stm

Swiss Canton Vaud last to take hard line on unsuccessful asylum seekers

Vaud is the only canton in Switzerland which has until now not followed instructions issued by federal authorities to expel unsuccessful asylum seekers. A resolution by parliamentarians of canton Vaud had urged regional authorities not to make this policy choice. The resolution expressed concern about the traumatic experience that such expulsions may cause. Now however the canton has given in to pressure from federal authorities and agreed to expel unsuccessful asylum seekers living in the canton illegally.

Swissinfo 2.9.2004 Vaud takes hard line on rejected asylum seekers http://www.swissinfo.org/sen/swissinfo.html?siteSect=105&sid=5188397

Undocumented asylum seekers prevented from applying for a drivers licence, and obtaining a prepaid mobile phone

In order to sanction asylum seekers and illegal aliens without proper documentation, the Swiss authorities have amended the regulation concerning means of communication by post and telephone. According to the new amendment, an alien who does not have a permanent residence permit for Switzerland cannot obtain a prepaid-card mobile, unless s/he can provide a travel or ID-document. Undocumented persons are however, still able to register for a contracted mobile. This amendment came into force on 1 August 2004.

Furthermore, asylum seekers who are unable, or unwilling to provide proof of identity, are no longer entitled to apply for a driving licence.

Migration News Sheet, August 2004

Migration News Sheet, September 2004

http://www.letemps.ch/template/recherche.asp?page=rechercher&contenuPage=identification&types=search&type=0&artID=140106&rubrique=1,2,3,4,5,6,7,8,9,10,11,12,13,15,16,17&edition=17/08/04&liste=precedent

UNITED KINGDOM

Facing upcoming elections, UK toughens asylum stance

Tony Blair announced on September 16th that his government plans to increase the capacity of British detention centres in order to step up removals of unsuccessful asylum seekers until numbers returned per month exceed the number of incoming unfounded asylum applications per month. Moreover, the British Home Office wants to make the destruction of travel documents and lack of cooperation of failed applicants in return punishable by up to two years imprisonment. Refugee organizations have reacted strongly to the plans. The Immigration Advisory Service accused the Prime Minister of political populism. Upcoming elections have led both the government and the opposition to make promises to toughen the British asylum policy.

The Guardian 16.9.2004 Blair vows to double asylum removals http://politics.guardian.co.uk/print/0,3858,5017583-110247,00.html

IAS 15.9.2004 IAS warns Prime Minster on new targets for removals www.iasuk.org/C2B/pressoffice/display.asp?ID=195&Type=2

BBC 16.9.2004 Blair sets asylum removal target http://news.bbc.co.uk/1/hi/uk_politics/3661178.stm

Home Office, 16.9.2004, Destroy travel documents and face jail warns Blair http://www.homeoffice.gov.uk/n_story.asp?item_id=1074

Asylum Seeker death toll reported

The Institute of Race Relations (IRR) reported on October 4th that 180 asylum seekers and undocumented migrants are known to have died in the UK or while trying to reach the UK in the past fifteen years. Of those, at least 90 died as stowaways on planes, lorries, trains and boats. The figure is thought to be a "huge underestimate" of the actual death toll.

IRR 4.10.2004 Death trap: the human cost of the war on asylum www.irr.org.uk/2004/october/ak000007.html

The Guardian 5.10.2004 Death toll among asylum seekers highlighted www.guardian.co.uk/print/0,3858,5030648-1036900,00.html

British Eurostar immigration controls extended to Belgium

From the end of October 2004, full UK immigration controls on Eurostar trains will move from London to Europe. There will be no more controls undertaken from London Waterloo station. Instead, immigration controls will now be carried out in Belgium as well as in France. British Home Office Minister Des Browne said that the strategy was “already paying its dividends. At French Eurostar stations, introducing UK document checks has cut asylum applications at Waterloo by more than 90 per cent”.

Home Office, Full Eurostar immigration controls move to Europe http://www.homeoffice.gov.uk/n_story.asp?item_id=1091

Scotland in need of immigrants

Opposition Conservatives debated on October 5th whether Scotland could and should have an immigration policy separate from the rest of the UK. The demographic situation in Scotland is such that deaths greatly outnumber births. Scottish ministers have suggested that more immigration is a way to curb the falling population. The debate also turned to the question of whether Scotland was not attractive enough for migrants.

The Scotsman, 6.10.2004, Tories blame Scotland's 'failures' for low immigration http://thescotsman.scotsman.com/scotland.cfm?id=1163862004

Home Office wrongly deported Indian

On 27 August 2004, a High Court Judge requested a Home Office representative to explain how a failed asylum seeker was deported from Britain, despite a court order preventing the move.

Jorowar Singh Dhillon arrived in the UK in 1996 and has already had two applications for asylum turned down, in 1996 and 1998, respectively. Dhillon claimed that he would be persecuted in India, because he had been involved in the transportation of arms for Sikh separatists. He is now seeking to challenge his deportation under human rights legislation, in judicial review proceedings at the High Court.

During a routine presentation, immigration officers put Dhillon in detention, in order to deport him from Britain. His lawyers applied for, and obtained, an injunction to prevent his expulsion to India, from judge Sir Nigel Davis. His deportation was nevertheless carried out, and Dhillon’s lawyers applied a second injunction from judge Davis when Dhillon was still in the air on a plane headed for India. The High Court judge ordered his immediate return, without allowing Dhillon to pass through immigration at the airport in India.

Migration News Sheet, September 2004

http://www.gg2.net/news/TOP_STORIES/Home+Office+wroTOP_STORIES_739~27_08_2004.asp

http://london.england.news.designerz.com/london-judge-seeks-explanation-after-indian-deported-despite-court-order.html

Court of Appeal ruling declares that the Human Rights Act could apply outside the UK, in certain circumstances

Following the dismissal of the appeal of two brothers, aged 14 and 15, who escaped from an Australian detention centre in 2002, it is clear that the UK’s Human Rights Act can apply outside UK territory and under which circumstances British officials have a duty under the Act. This was confirmed by the Court of Appeal on 18 October 2004.

The brothers arrived at the British Consulate in July 2002, and requested asylum. They were initially given protection but, on an order from Foreign Secretary Jack Straw, they were handed over to the Australian authorities. Straw had rejected the claim arguing that the British Consulate was not part of the UK territory, and was therefore not subject to British law.

Nonetheless, the ruling of the Court of Appeal declared that the Human Rights Act could apply outside the UK in particular circumstances. The Court also pronounced on when British officials have a duty under the Act to refuse to hand over people to a host state. According to the judges this duty arises where it is “clearly necessary in order to protect them from the immediate likelihood of experiencing serious injury”.

However, in this particular case, the judges found that the perceived threat to the children was not severe enough that the British officials in Melbourne could have refused to return them to Australian authorities, without violating international law

http://www.guardian.co.uk/print/0,3858,5042193-103690,00.html

http://news.scotsman.com/latest.cfm?id=3640809

Ukraine

Ukraine dismisses idea of setting up transit ‘centres’ for Chechen refugees in the country

In reaction to Lithuania’s Interior Minister Virgilijus Bulovas’s suggestion to set up reception camps for Chechen refugees in the Ukraine, a proposal which was supported by the other Baltic States and Austria, the Ukrainian authorities issued a strong rejection of the idea. A statement to journalists given by the Ukrainian Foreign Ministry stressed that “any public discussions of the issue are improper without preliminary official consultations with the government of Ukraine”.

Euobserver 20.9.2004 Ukraine dismisses notion of transit camps in the country http://www.euobserver.com/?sid=15&aid=17328

The Herald Tribune, 30.9.2004, Ukraine adds to debate on ‘transit’ camps http://www.iht.com/articles/541213.html

Vatican

Archbishop Silvano Tomasi addresses UN Panel and calls for respect of refugees’ rights

Archbishop Tomasi, the Holy Sea’s permanent observer to the UN in Geneva, addressed the Executive Committee and urged them to respect the rights of refugees. He deplored the situation of refugees that are not allowed to work, are dependent on food rations and limited in movement. He urged greater economic and financial investment and suggested that properly assisted refugees will become ‘agents for development’. He also stressed the need to further develop third-country resettlement. He closed his speech appealing to the solidarity of states to come to the assistance of civilian populations at risk of attack by an unjust aggressor.

Catholic Voice 13.10.2004 Vatican calls for respect of immigrants’ rights http://www.yourcatholicvoice.org/print_news.php?ID=1421

ECRE MATERIAL

Comments of the European Council on Refugees and Exiles on the Communication from the European Commission to the Council and Parliament on Future Orientations for an Area of Freedom, Security and Justice, September 2004

This was the first of a series of documents produced by ECRE in anticipation of the adoption by the European Council on 5 November 2004 of a Multi-Annual Programme for Strengthening Freedom, Security and Justice in the European Union, which has become known as the Hague Programme. ECRE’s comments responded to the European Commission’s Communication on an Area of Freedom, Security and Justice: Assessment of the Tampere programme and future orientations and the Dutch Presidency’s paper that set out its approach to the multi-annual programme, Preparation of the political orientations for the multi-annual programme building the area of freedom, security and justice. ECRE makes 35 key recommendations, building on ECRE’s evaluation of the process since Tampere of developing minimum standards of refugee protection of 20 June 2004, Broken Promises – Forgotten Principles.

The recommendations call on EU governments: to turn the tide of negativity in the asylum debate by moving away from policies aimed at deterring asylum seekers and shifting responsibility outside of the EU; to tackle the root causes of forced displacement; to take steps to foster a more balanced public understanding of forced migration and asylum; not to drop their standards to the minimum level set when transposing newly agreed EU asylum legislation; to evaluate the impact on refugees and asylum seekers of all the minimum standards agreed to date; to improve mechanisms of co-operation and exchange of best practice in decision-making on asylum claims; to uphold the right to seek asylum by excluding from the common visa list countries experiencing civil war, generalised violence or widespread human rights abuses and by exploring protected entry procedures and humanitarian visas; to improve national asylum procedures through ‘front-loading’; to ensure that asylum and immigration policy does not undermine and impede the integration of refugees; to review and replace the Dublin Convention with a system that is fair to States and fair to asylum seekers; to expand resettlement opportunities in Europe; to support refugee-hosting countries with concrete measures to help them provide a better quality of protection to refugees.

Read the comments in full at:

www.ecre.org

Open Legal Migration Channels for People Fleeing for their Lives (G5 Florence), ECRE press release, 18 October 2004

In a press release responding to reports of discussions by “G5” immigration ministers on proposals from German Minister of Interior Otto Schily and Italian Interior Minister Giuseppe Pisanu to set up transit camps in north Africa, ECRE called on EU governments to exempt nationals from the top refugee-producing countries from the need to obtain a visa to enter an EU state, and to explore the issuance of humanitarian visas if the EU was serious about finding a humane solution to illegal immigration and the human smuggling and trafficking of refugees. ECRE’s General Secretary, Peer Baneke said, “The international refugee protection system is a global safety net for some of the world’s most vulnerable people, with 70% of the weight carried by developing countries. If Europe is serious about helping to improve refugee protection and respect for human rights elsewhere in the world, then it must embrace its own responsibilities to those who seek protection in Europe, and not attempt to shirk or shift them to poorer states.”

To read the press release in full:

http://www.ecre.org/press/Florence.doc

Renewing the Promise of Protection: ECRE’s Recommendations to the Brussels European Council, 5 November 2004 on the Multi-Annual Programme 'Strengthening Freedom, Security and Justice in the European Union' and recent proposals to establish camps in the Mediterranean region, October 2004.

Shortly before a Justice and Home Affairs Council that was to finalise the Hague Programme, ECRE published Renewing the Promise of Protection, which made 12 specific recommendations to the European Council. ECRE noted the increased emphasis on the external dimension of EU Justice and Home Affairs policy, including proposed Regional Protection Programmes that would seek to help third countries to improve the quality of protection they offer and do more to facilitate the long term integration of refugees. ECRE warned that these tasks were likely to be difficult if those countries saw EU Member States dropping standards of protection in Europe; if the EU attempted to use its muscle to shift its responsibilities for refugee protection onto poorer developing countries; if EU States pursued policies which are aimed at containing refugees within their region of origin and if the EU did not take concerted action to effectively address the reasons why refugees were forced to flee in the first place and work to create conditions conducive to safe, dignified and sustainable voluntary returns.

The paper also addressed the on-going debate concerning the humanitarian crisis along the Mediterranean and proposals to establish camps in North Africa. ECRE noted that the German and Italian proposals lacked detail and asserted its firm belief that asylum seekers intercepted in EU territory, including in EU territorial waters, must be given access to an asylum procedure within the EU.

http://www.ecre.org/policy/statements.BEC.pdf

ECRE calls on EU States to renew their promise of protection to refugees, press release 22 October 2004

ECRE published a press release on 22 October, three days before the JHA Council was due to debate the Hague Programme, calling on the EU states to renew their promise of protection to refugees. Peer Baneke said, "It is time to renew the promise made at Tampere, to focus on protection not deterrence, and sharing, not shifting, responsibility for providing a safe haven for refugees. For the sake of Europe's values, its future communities and its credibility in the world, it is time to put refugee protection at the heart of Europe's asylum agenda."

http://www.ecre.org/press/JHA%202526_Oct_04.shtml

ECRE calls on Europe to end asylum lottery, press release, 4 November 2004

In a press statement released on the eve of the European Council that was to endorse the Hague Programme, ECRE called for an end to the asylum lottery and for Europe to adopt policies that respect refugees’ rights, based on the principles of international solidarity and burden-sharing. Peer Baneke said, “ Even after five years of harmonisation of EU asylum policy, a person can have a 90% chance of being accepted as a refugee in one EU country, while her chances are virtually nil next door. The goal for the next five years must be equality of protection throughout the EU, so that people fleeing persecution and war have the chance to make their case and be sure of being treated consistently and fairly wherever they apply for asylum. The test of the Hague Programme will be whether European governments stop trying to pass the buck of refugee protection and instead respect refugees’ human rights with policies governed by the principles of international solidarity and responsibility-sharing.”

To read the press release in full:

http://www.ecre.org/press/asylumlot.pdf

ECRE Information Note on the Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, October 2004

In October, ECRE published an information note on the ‘Qualification directive’ (also known as the ‘Definition directive’) shortly after it was published in the Official Journal of the EU on 30 September 2004. The note observed with regret that the protracted nature of negotiations had resulted in the lowering of some of the standards outlined in the original draft of the Directive proposed by the Commission in September 2001, and the adoption of many provisions whose standards are in fact lower than the current practice of many Member States.

To read the information note in full:

http://www.ecre.org/statements/qualpro.pdf

Comments of the European Council on Refugees and Exiles on the Communication from the Commission to the Council and the European Parliament on improving access to durable solutions

In September, ECRE published comments on the European Commission’s communication On the managed entry in the EU of persons in need of international protection and the enhancement of the protection capacity of the regions of origin ‘Improving Access to Durable Solutions’, 7 June 2004, COM(2004) 410 final. The Communication recommends the establishment of an EU resettlement scheme, and examines ways to enhance the protection capacity of regions of origin, primarily by means of EU Regional Protection Programmes that would provide a ‘tool box’ of measures to be taken up by the EU. The first such programme would be established by December 2005. ECRE generally welcomed the tabling of these proposals, in particular the importance attached to the search for durable solutions, considering them a positive step towards addressing the need for a more shared and balanced commitment to multilateral efforts and dialogue between EU Member States. ECRE underlined, however, that any expanded use of resettlement and efforts to enhance protection capacities in regions of origin did not replace Member States’ responsibilities to consider and process asylum applications of persons arriving spontaneously on their territory. ECRE also stressed the need for benchmarks used by the EU when assessing the effectiveness of protection to include all existing international human rights standards as well as to establish the existence of a durable solution for each individual refugee. ECRE’s primary concern in relation to the regional protection programmes was that the return element of the ‘tool box’ might lead to premature returns through its inclusion of the ‘safe third country’ concept. This could put

refugees at risk and exacerbate secondary movements of refugees, if people were sent

back to countries prematurely.

http://www.ecre.org/statements/comdursol.pdf

Comments of the European Council on Refugees and Exiles on the Communication from the Commission to the Council and the European Parliament on a more efficient common European asylum system - the single procedure as the next step (COM (2004) 503 final)

In September, ECRE produced comments on the European Commission’s communication on the development of a single asylum procedure. The communication indicates that the Commission plans to bring forward a proposal for community legislation after a preparatory phase has been completed.

ECRE supports the proposal for "frontloading" and other measures to improve the quality and harmonisation of decision-making, including the exploration of increased co-operation and information sharing in relation to country of origin information and other statistical data. However, ECRE strongly emphasises that a single procedure must deliver adequate protection standards, and be based on a full and inclusive interpretation of the 1951 Geneva Convention and other international human rights instruments. In this regard, ECRE cautions against the extension of minimum standards contained in the Asylum Procedures Directive which could breach international law, and underlines the fundamental nature of the right of all applicants to an effective remedy with suspensive effect.

http://www.ecre.org/statements/comspc.doc

PRESIDENCIES OF THE EU

The Dutch Presidency

(1 July – 31 December 2004)

The Dutch priorities for JHA policy

The stated priorities for the Dutch Presidency on the regular JHA agenda are: the fight against terrorism, return, integration policy, the use of biometrics, the Visa Information System and protection in the region. It planned to use the European Council of 5 November 2004 to lay down the political guidelines for JHA policy in the coming five years. This would include the adoption of a practical agenda, including the preparation of the implementation of the new European constitution.

A representative of the Dutch Ministry of Justice set out Presidency priorities at a Jesuit Refugee Service seminar in Brussels on 11 October 2004 as follows:

Integration: need to guarantee full participation, at an economic, social and cultural level in host societies. Need to work on a European vision of integration, because it involves all Member States directly.
Readmission and Return: close cooperation with third countries, improving on multilateral agreements, as well as working on the facilitation of process return.
External dimension of European Asylum and Immigration Policy: work on protection in regions of origin, start to work on durable solutions, underlining the important role of UNHCR, better separation between asylum and economic migration.
Security and Border Management: importance of the role of the European Border Agency in an enlarged Europe, in particular the implementation of a centralized EU Passport Register.

A highlight of the Presidency will be an informal integration summit of interior ministers in Groningen between November 9 and 11. The meeting is expected to coincide with the adoption of Council conclusions on integration and the publication by the European Commission of a handbook on integration. The Council conclusions are expected to emphasise that integration is a two-way process.

Various documents on the Presidency’s priorities are available from the Dutch Presidency’s web site:

http://www.eu2004.nl

The Hague Programme

On the 5 November the European Council adopted the Hague Programme for an area of freedom, security and Justice. In its conclusions, the Council asked the Commission to submit an action plan in 2005 with the measures to be adopted and related deadlines for the implementation of this multi-annual programme. Progress is to be reviewed in 2006.

The conclusions state that the programme deals with all aspects of policies relating to the area of freedom, security and justice, including their external dimension. These include: fundamental rights and citizenship, asylum and migration, border management, integration, the fight against terrorism and organised crime, justice and police cooperation and civil law. A drugs strategy will be added in December 2004.

The legal instruments that represent the first stage towards a Common European Asylum System will be reviewed in 2007, while 2010 is the target set for adoption of the second stage of legislation. A deadline of 1 April 2004 is set for a Council decision on qualified majority voting for all Title IV measures to strengthen freedom, security and justice, subject to the Nice Treaty, except for legal migration. While no explicit reference is made to the proposals for asylum processing centres near the Mediterranean, the Commission is invited to prepare two studies on joint processing of asylum applications, one on applications made inside the EU and one on applications made outside of the EU. A proposal for the establishment of a European refugee agency was watered down to the establishment in 2005 of "appropriate structures [...] with a view to facilitating practical and collaborative cooperation". After a common asylum procedure has been established, these structures will be transformed, on the basis of an evaluation, into a European support office for all forms of cooperation between Member States relating to the Common European Asylum System.

Read the Presidency conclusions European Council, Brussels 4/5 November 2004 at:

http://www.eu2004.nl

JHA COUNCILS

Informal JHA Council, The Hague, 30 September and 1 October 2004

Ministers discussed the draft Hague Programme at this informal JHA Council. They approved the goal of creating a common asylum policy (CEAS). Ministers discussed a German proposal supported by the then JHA Commissioner-designate Rocco Buttiglione, for the creation of refugee camps outside European Borders (see Other Developments). Ruud Lubbers, High Commissioner for Refugees, contributed to the debate by video link. Some confusion was created in the media by mention of EU funding for a UNHCR-led project to develop asylum systems in five north African countries. UNHCR subsequently clarified that this was unrelated to the controversial proposals for processing centres bordering the Mediterranean.

http://www.eu2004.nl

http://www.unhcr.ch/cgi-bin/texis/vtx/home?page=news

http://www.europa.eu.int/comm/justice_home/index_en.htm

JHA Council, Luxembourg, 25-26 October

The Council discussed the multi-annual programme for the area of Freedom, Security and Justice, the Hague Programme. The Presidency concluded that, pending some outstanding issues, there was broad agreement on the draft text and decided to forward it to the European Council of 4 November, for approval. No agreement was reached, however on the timing of the programme, with some states taking the view that the 2007 deadline was too early to review the first stage legal instruments and the target of 2010 too ambitious for the adoption of second stage legislation. Some states, led by Germany, also wished to retain the requirement for unanimity in Council decisions on legislation relating to legal immigration. The scheduled debate on the common basic principles on integration was taken off the agenda at the last minute.

Council Conclusions on International Protection

The JHA Council of 25-26 October adopted conclusions on applications for international protection that confirmed the objective of establishing the Common European Asylum System. It affirmed that there was a clear need for greater practical cooperation and exchange and assessment of information between Member States to support the implementation of the first stage legislation of the Common European Asylum System. The conclusions endorsed the need for a single asylum procedure to cover both refugee status and subsidiary protection and invited the Commission to present, before the end of the year, a ‘One Stop Shop Action Plan’ which ensures that practical cooperation between Member States is the vehicle for identifying the necessary steps to be taken in order to arrive at a single procedure.

http://www.eu2004.nl

http://www.euobserver.com

Council Conclusions on durable solutions and readmission agreements

On 2 November the General Affairs and External Relations Council adopted Conclusions on persons in need of international protection that welcomed the Commission’s communication on “Improving access to durable solutions” as well as conclusions on the role of readmission agreements in migration policy. The Council inviteed the Commission to present an action plan for one or more pilot Regional Protection Programme(s) to the Council by July 2005. It stated that the project should “enhance protection capacity, better access to registration and local integration, and assistance for improving the local infrastructure and migration management,” and must “take account of the causes of the refugee situation in question and of the situation of the local population.” The Council endorses the ‘targeted use of resettlement’ to “enable countries in regions of origin to enhance their protection capacity and encourage them to take part in Regional Protection Programmes.” To this end, the Commission is invited to present a proposal for a resettlement scheme by July 2005, which “needs to be situation specific, flexible and allow Member States to choose whether or not to participate." This wording offers no guarantee that such a scheme will lead to more refugees being resettled to Europe.

The conclusions on readmission agreements “underline the importance” of reaching such Community agreements with third countries of origin and transit, “which also include an obligation for those countries to readmit third-country nationals and stateless persons who have passed through their territories before illegally arriving in the EU.” Of particular concern is the explicit link between readmission agreements and other areas of cooperation: “on a case-by-case basis, a direct link should be established between the negotiation of co-operation, association or equivalent agreements and the conclusion of readmission agreements with the same third countries.”

The Conclusions can be read in full at:

http://ue.eu.int/cms3_applications/applications/newsRoom/loadBook.asp?BID=71&LANG=1&cmsid=349

COUNCIL DIRECTIVES

The ‘Qualification/Definition Directive’ (Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted), was published in the Official Journal on 30 September 2004 and come into force 20 days later. The Directive must be transposed into national legislation of Member States by 10 October 2006. ECRE has published an information note on the directive.

http://www.europa.eu.int/eur-lex/en/index.html

http://europa.eu.int/prelex/apcnet.cfm?CL=en

www.ecre.org

Procedures directive and Safe Country list

The Council has not yet sent the procedures directive to Parliament for its opinion on the revised version because it has failed to reach agreement on the common list of safe countries from which asylum applications will be presumed to be unfounded. On 27 September it was reported that the proposed list included Benin, Botswana, Cape Verde, Chile, Costa Rica, Ghana, Mali, Mauritius, Senegal and Uruguay.

http://www.euobserver.com

http://www.statewatch.org

EUROPEAN COMMISSION

Controversy over new Commission

On 5 November Jose Manuel Barroso, President-designate of the European Commission presented his new team of Commissioners to senior members of the European Parliament, after Italy put forward foreign minister, Franco Frattini to replace Rocco Buttiglione as candidate for commissioner for Justice, Freedom and Security. On 11 October, in an unprecedented move, the EP Committee on Citizens Freedoms and Rights, Justice and Home Affairs (LIBE) rejected Mr.Buttiglione, for ‘any post within the European Commission’, following his controversial remarks on homosexuality and the role of women. Mr Barroso withdrew his team of commissioners on 27 October, just an hour before the European Parliament was due to vote on the proposed line-up after it had become clear that MEPs were likely to reject the Commission team. Mr Barroso is expected to present his new Commission team to Parliament sitting in plenary session on 17 November.

http://www.euobserver.com

http://www.news.ft.com/cms/s/58508c12-2202-11d9-8c55-00000e2511c8.html

http://www.timesonline.co.uk/newspaper/0,,172-1319433,00.htm

JHA Commissioner Antonio Vitorino on the Future of the European Union Agenda on Asylum, Migration and borders

Outgoing JHA Commisioner Antonio Vitorino gave his assessment of the first phase of the Tampere process and the future of the EU JHA agenda at a conference in Brussels on 4th October. “The first stage of the Common European Asylum system is complete”, Vitorino said, with the asylum “building blocks” in place: the Reception Conditions Directive, the Asylum Procedures Directive, the Qualification Directive and the Dublin Regulation. Commissioner Vitorino vigorously defended his directorate’s record: “My aim was to create minimum standards which fully respect our international obligations and I believe that we have done so. Some may say that the standards are too low – and I certainly admit that they are often not those which the Commission originally proposed, or as is the case with the procedures Directive that they are even insufficient and allow for too many national derogations to the detriment of the integrity and efficiency of the whole Asylum System. Nevertheless, they are set in European law and therefore a process of monitoring and evaluation is now beginning which can lead to improvements in the future”. Mr Vitorino said the external dimension of immigration and asylum would grow in importance and underlined the necessity of a close dialogue with third countries, which seeks to create partnerships and cooperation over issues of common interest, as a main goal to work on a Asylum and Immigration Policy at a EU level. He saw an EU wide Resettlement Scheme playing an important role in EU Regional Protection Programmes.

The next phase, Mr Vitorino said, would have to take account of the new Constitutional Treaty, which introduces a specific legal basis for policy areas such as the integration of third-country nationals and the Common European Asylum System. In particular, it should now be possible for the Council to decide to use article 67§2 of the EC Treaty and deal with all measures regarding immigration and external borders by the co-decision procedure and Qualified Majority Voting. This will be possible with regard to asylum policy in any case as a consequence of the adoption of common minimum standards in the areas foreseen in article 63. Finally, the Commissioner expressed an‘open mind’ on German proposals for ‘camps’ beside the Mediterranean while listing important caveats. He was careful to distinguish them from a Commission-funded pilot project to be conducted by UNHCR in North Africa. In this Libya, Morocco, Mauritania, Tunisia and Algeria would be assisted to better address the reality of mixed migratory movements, consisting of both persons who have a valid claim for international protection and would-be economic migrants.

http://www.europa.int

Publication: The transfer of protection status in the EU, against the background of the common European asylum system and the goal of a uniform status, valid throughout the Union, for those granted asylum, Lassen, Nina M., Egesberg, Leise (Danish Refugee Council), van Selm, Joanne, Tsolakis, Eleni (Migration Policy Institute) and Doomernik, Jeroen (Institute for Migration and Ethnic Studies) 25 June 2004

In its November 2000 communication “Towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum”, the European Commission suggested that the question of transfer of protection between Member States ought to be studied. The Commission presented a study in spring 2003, “for the purpose of identifying conditions for drawing up EC instruments to include rules on transfer of protection status between EU Member States”.

The authors of this study examined the policy and practice of sixteen EU Member States[1] and one non-Member State, Switzerland. The study asked the following questions:

What is transfer of protection status?

Who accepts transfer of responsibility for refugees?

Level of transfer

Who seeks to transfer?

Criteria for transfer in practice

Extraterritorial effect of the determination of refugee status

Does the transfer of responsibility for the issuance of a Convention Travel Document imply transfer of all main protection obligations under the 1951 Convention?

Main questions for EU policy makers

Future scenarios

One of the main conclusions of this study is that transfer does not start with the issuance of a Travel Document. It is a symbolic end to the process. It starts with the refugee taking up lawful residence in the second state. A second key conclusion is that at present, the number of refugees lawfully taking up residence in a second state and requesting and receiving a transfer of their status symbolized by the issuance of a new travel document in the second state is quite small. The study states, “ we conclude that a system which facilitates and regulates secondary movement between Member States would be useful in helping to ensure that all Member States uphold their international obligations in respect of refugee movement. It would improve integration to enable refugees to easily exercise freedom of movement throughout the EU.

For more information:

http://europa.eu.int/comm/justice_home/doc_centre/asylum/studies/docs/transfer_protection_status_rev_160904.pdf

EUROPEAN PARLIAMENT

European Parliament’s Position on New Multi-Annual Programme for Justice and Home Affairs (INI/2004/2175)

At a plenary session on 14 October, the European Parliament adopted its position on the proposed Multi-Annual Programme for Justice and Home Affairs (Hague Programme) that was to be endorsed by the European Council of 5 November. The Parliament regretted that progress in the field of asylum and immigration had been devoted thus far to action to counter illegal immigration and had not been accompanied by sufficient efforts to promote the integration of legally resident aliens. It also firmly rejected the idea of establishing refugee camps outside the Union since this entailed a clear risk of fundamental rights being violated. Recommendations to the Council included defining a uniform status and a common asylum procedure, as provided for at Tampere and confirmed by the draft Constitutional Treaty. At the same time, strengthening the measures for the protection of refugees or persons requiring humanitarian aid and ensuring that they were able to fully exercise their individual and social rights, especially with respect to health, education and employment. The parliament also pointed out that the legal framework that must be respected by the Union and its Member States to the benefit of such persons cannot be called into question by international agreements.

For more information:

http://www.europarl.eu.int/committees/libe_home.htm

Draft Report on the communication from the Commission to the Council and the European Parliament on the managed entry in the EU of persons in need of international protection and the enhancement of the protection capacity of the regions of origin-‘Improving access to durable solutions’ ((COM (2004)0410-2004/2121 (INI)) and on the communication from the Commission from the Commission to the Council and the European Parliament ‘A more efficient common European asylum system : the single procedure as the next step’ ((COM (2004) 0503-2004/2121 (INI)), Lambert, Committee on Civil Liberties, Justice and Home Affairs

On 25 October the European Parliament’s Citizens rights committee (‘Libe’) discussed a draft report by Jean Lambert, MEP on the Commission communications on durable solutions and the single procedure. The report considers that, the still only partial establishment of the first stage of the European common asylum policy presents serious structural shortcomings which threaten Europe’s humanitarian tradition. In order to improve the management of asylum in the context of an enlarged Europe, as envisaged at Tampere it is necessary to improve the quality of decision-making in the EU, to step up protection capacity in the regions of origin to deal with applications for protection at a level as close as possible to need and to regulate safe access to the EU by means of orderly and managed entry for persons in need of international protection. The burden and responsibilities should be shared within the EU and with the regions of origin in order to develop an integrated approach to establishing efficient procedures in the area of asylum and return. In general, the report calls for the establishment of a clear framework for future development. In terms of resettlement, the report proposes a Community-wide system of resettlement, which would allow persons to be transferred from a first host country to an EU member state, where they would be guaranteed protection, including residence, and would have the prospect of integration and autonomy. UNHCR would take part in selecting and forwarding specific documentation. The report calls for resettlement schemes to pay particular attention to the vulnerable such as victims of rape, unaccompanied minors or human rights activists.

The full report is available at:

http://www.europarl.eu.int/meetdocs/2004_2009/documents/PR/544/544514/544514en.pdf

CONSTITUTIONAL TREATY

The Rome Treaty Establishing a Constitution for Europe

EU Heads of State and government and their foreign ministers gathered to sign the treaty establishing a European Constitution on 29 October in Rome. The ceremony took place in the Campidoglio where The Treaty of Rome was signed on 25 March 1957. Leaders of Bulgaria, Romania and Turkey also signed. Commission President Romano Prodi claimed that the new Constitution goes beyond the existing treaties. He stated that “the innovative content of social rights, which are now recognised as primary legislation, and the new social clauses introduced in the Constitution are clear steps forward.” Italian Prime Minister, Silvio Berlusconi, announced that he had arranged an extraordinary meeting of the Council of Ministers in the afternoon to adopt the draft law on the Constitution to be sent to parliament so that Italy could be the first to ratify it.

http://www.euobserver.com

Other Developments

Proposals for ‘camps’ by the Mediterranean

Proposals by German Interior minister Otto Schily to tackle irregular migration across the Mediterranean were discussed at the informal JHA Council at the end of September and again at a meeting of G5 ministers in Florence on 17 October. No written proposal has yet entered the public arena and the plans remain lacking in detail. Those in favour emphasise the need to respond to the humanitarian situation of people taking great risks to cross the Mediterranean and prefer to talk about reception centres in North Africa, rather than ‘camps’.

UN High Commisioner for Refugeees, Ruud Lubbers told ministers at the informal JHA: “ Decent living conditions are essential to respect the basic rights of people who may be intercepted. Detention should not be part of such a scheme … the creation of a genuine asylum space in North Africa is a longterm goal. It requires serious institution and capacity building efforts … we need to avoid a Eurocentric approach, one which focuses on sending people back.”

At the G5 meeting, the proposal was backed by Germany and Italy, and supported by the U.K, but strongly opposed by France and Spain. Spanish Interior Minister Jose Antonio Alonso said that his country was “not going to back any initiative that does not respect minimum social and humanitarian conditions”, while French minister Dominique de Villepain said, “for France there is no question of agreeing to any manner of camp or hosting centres. France and Spain are reported, meanwhile, to have proposed contact points with the transit countries, mainly in North Africa, where requests for asylum in a third country could be examined. Libyan Prime Minister, Shoukri Ghanem, reacted to the German and Italian proposal in an interview published by the Italian daily Corriere della Sera “ It does not seem to us a good idea to put illegal immigrants into camps in certain countries. You must instead help them to remain where they are, and do something about creating jobs”.

In a speech on 4 October, outgoing JHA Commissioner, Antonio Vitorino, whilst keeping an open mind set out a series of conditions that the German proposals would need to meet:

The EU had to remain truthful and faithful to its humanitarian tradition, its common values and to its conception of fundamental rights.

Any action had be taken in full co-ownership with the third countries of transit involved.

The third countries concerned need to have acceded to and adhere to all relevant international legal instruments, in particular the 1951 Refugee Convention.

Any action needs to comply with and be complementary to the rules of that Common European Asylum System, rather than to substitute it.

A number of very substantial and difficult legal questions would have to be resolved before embarking on new processing approaches; in particular how to address the need for legal review, which jurisdiction would be applicable in any such centre, whether it included resettlement to the EU, and how negative decisions could be enforced.

Nevertheless, in the short term, his staff would “explore the possibility of setting up humanitarian reception centres in the countries bordering the Mediterranean, both in the southern EU Member States and in North African countries.”

At the plenary session of the European Parliament in Strasbourg on 26 October the president designate of the European Commission, Jose Manuel Barroso, made a firm commitment on the Mediterranean issue: “I am against the setting up of camps for holding refugees”.

Proposal for COUNCIL DECISION on the signing of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national and Council Regulation (EC) No 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention and Proposal for COUNCIL DECISION on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention, Brussels, 17.9.2004

On 17 September the Commission presented a draft Council decision that would create the legal basis for extending the provisions of Eurodac and Dublin Regulations to Denmark. The proposals are the legal instrument for the signing and conclusion of the Agreement. The Council will decide by qualified majority and has to consult the European Parliament.

http://europa.eu.int/eur-lex/en/com/pdf/2004/com2004_0594en01.pdf

ECRE’s Policy and Advocacy Publications

Other Publications

Amnesty International

‘Amnesty International Report 2004’, documents the human rights situation in 155 countries and territories in 2003 and summarises regional trends. It reports on areas of work prioritised and developed by AI, such as violence against women, economic, cultural and social rights, and justice for refugees and migrants. AI, International Secretariat, London, UK, http://web.amnesty.org/report2004/index-eng

‘Russian Federation: Chechen Republic – ‘Normalization’ in whose eyes?’, published by Amnesty International, International Secretariat UK.

Based on the findings of an Amnesty International delegation, which travelled to Ingushetia in March/April 2004, this report analyses the current situation in the Chechen Republic. http://web.amnesty.org/library/Index/ENGEUR460272004

British Refugee Council

Information service

This year’s edition of the information service incorporates all of the changes brought in since the last publication, as well as those changes expected to be implemented over the coming year under the Asylum and Immigration Act 2004. For more information and sample pages from the update, visit http://www.refugeecouncil.org.uk/publications/pub001.htm

Caritas Europa

‘Towards a Balanced Approach in EU Migration and Asylum Policy: 12 Recommendations’ issued by Caritas Europa, the Jesuit Refugee Service, the Quaker Council for European Affairs, the International Catholic Migration Commission, the Commission of the Bishops’ Conferences of the European Community and the Churches Commission for Migrants in Europe. Six Christian organisations presented 12 recommendations for a fair and consistent EU Migration and Asylum Policy to the Ministers of the Justice and Home Affairs Council in Luxembourg on 25/26 October 2004. http://www.ncadc.org.uk/newszine51/churches.html

EUMAP

Articles published online following the EUMAP, Monitoring human rights and the rule of law in Europe, call for papers on the topic:‘(Un)Freedom of Movement: Migration issues in Europe, Part II’:

‘Media as Scare-mongering’

‘Who is Afraid of Migrating Roma?’

‘Seeking Asylum in the European Union: Is the Spirit of Tampere Present in New Legislation?’

‘Recent Developments in EU Immigration Law – Family Reunification Directive: Achievement or Failure of the EU Immigration Policy?’

http://www.eumap.org/journal/features/2004/movt/

Global IDP Project

‘Pakistan; thousands of displaced unassisted after army operations in South Waziristan’, Global IDP project. This is a newly updated country profile on internal displacement in Pakistan, prepared by the Global IDP Project of the Norwegian Refugee Council, which monitors and analyses internal displacement in over 50 countries worldwide.

http://www.db.idpproject.org/Sites/idpSurvey.nsf/wViewSingleEnv/PakistanProfile+Summary

ILPA

‘ILPA Response to the Commission's Communication: Area of Freedom, Security and Justice: Assessment of the Tampere Programme and Future Orientations’

The British Immigration Law Practitioners' Association (ILPA) analyses the European Union’s progress in achieving an area of freedom, security and justice as set out in the European Council Conclusions of Tampere. The report uses the principles set out in the Tampere Conclusions and gives a negative assessment. http://www.ilpa.org.uk/submissions/TampereII.htm

Immigration Advisory Service

‘Directory of Experts on Detention Conditions Worldwide’, from the Immigration Advisory Service. This directory contains the contact details and brief description of over 60 organisations and experts who have expert knowledge on detention conditions in 37 countries around the world. Order form available online http://www.iasuk.org/C2B/document_tree/ViewADocument.asp?ID=180&CatID=6

International Helsinki Foundation for Human Rights

‘Human Rights in the OSCE region: Europe, Central Asia and North America: Report 2004 (Events of 2003)’. This annual report of the International Helsinki Foundation for Human Rights covers human rights events in 2003, based on research by the Helsinki Committees and other independent NGOs.

http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=1322

UNESCO

‘Human rights: International protection, monitoring, enforcement’, edited by Janusz Symonides. The third and final volume of UNESCO’s series for teaching human rights. It takes an institutional approach to the international protection of human rights, examining the United Nations system and analysing regional systems of protection. ISBN: 9231038834, 33,80 Euro.

Other Publications

‘New patterns of irregular migration in Europe’, by Stéphane de Tapia, published by the Council of Europe. The book provides an overview of the complex and interrelated issues linked to irregular migration, such as clandestine/illegal migration, requests for and refusal of asylum, and traffic in human beings, to name but a few.

ISBN 9287153000, 8 Euro. http://book.coe.int/EN/ficheouvrage.php?PAGEID=36&lang=EN&produit_aliasid=1736

‘Refugees in Africa: the challenges of protection and solutions’, Declaration and Programme of Action published following the regional conference for African Parliaments, held June 2004 in Cotonou, Benin. The conference was organised by the African Parliamentary Union in partnership with UNHCR and the sponsorship of the IPU and aimed to permit an exchange of views among parliamentarians and to outline lasting future parliamentary and inter-parliamentary action.

http://www.ipu.org/splz-e/cotonou.htm

‘Women in an insecure world: A handbook on violence against women’, edited by Marie Vlachova and Lea Biason. This handbook concerns the scope and magnitude of violence suffered by women in conflict situations, in their homes and in criminal circles, focusing on the active role of women in peace-making and post-conflict resolution. Published by the Geneva Centre for the Democratic Control of Armed Forces, Working Group on Women and Children in an Insecure World. Excerpts available online and on CD-ROM. www.dcaf.ch/women/index.htm

2004 Edition of the ‘Guide des organisations françaises et internationals d’aide aux personnes en difficulté et en danger de prostitution’. A guide on French and international organisations working to combat commercial sexual exploitation. Published by Fondation Scelles, http://www.fondationscelles.org/site%20anglais/frameset1_anglais.htm

‘Chechnya: Last appeal before oblivion’, report on the Moscow and Ingushetia mission, 17-24 December 2003, Action of Christians for the Abolition of Torture (ACAT) France. Rapporteur Anne Le Tallec. Published by ACAT. www.acat.asso.fr

‘South Eastern Europe’s struggle against trafficking in persons’. Published by the Stability Pact Task Force on Trafficking in Human Beings. This chronicle provides an overview of regional progress and accomplishments. www.stabilitypact.org/antitraffickingtaskforce

‘Stigmata: Segregated schooling of Roma in Central and Eastern Europe’, published by the European Roma Rights Centre (ERRC). Racial segregation of Roma in education in Central and Eastern Europe has persisted if not worsened, causing irreparable harms to generations of Roma. ERRC has undertaken field research in five countries, documenting empirical facts about separate education of Roma as well as practices by educational authorities which aim at or result in the segregation of Roma in schools. The report concludes with the ERRC recommendations for governmental policy. The complexity of the issue of segregated schooling of Roma calls for thorough legal and educational policy reform. ISBN 9632161599

http://www.errc.org/News_index.php

‘Fairness for all: A new Commission for Equality and Human Rights’, White paper, published by the British government. The paper details the establishment of the new Commission on Equality and Human Rights. It includes an announcement that the Government will now implement a public sector duty to promote equality between women and men. Available from the British Department of Trade and Industry, www.dti.gov.uk/access/equalitywhitepaper.pdf

‘European Commission Communication to the Council and the European Parliament on the Priorities for the Future of the Area of Freedom, Security and Justice , Opinion of the National Red Cross Societies of the EU Member States and the International Federation of Red Cross and Red Crescent Societies’ The report comments on the Commission Communication and gives recommendations. NO LINK

Updated information on Voluntary Returns to Afghanistan

Leaflets for people considering participating in the UK Voluntary Returns to Afghanistan Programme have now been updated, including information on the Programme ‘Explore and Prepare ‘,benefits and support and resettlement grants. These are available in English, Dari and Pashto at http://www.refugeecouncil.org.uk/publications/pub002.htm#vrap

Separated Children in Europe Programme, Statement of Good Practice

The International Save the Children Alliance in conjunction with UNHCR has published a statement which provides an account of the policies and practices required to implement measures that will ensure the promotion and protection of the rights of separated children in Europe. http://www.separated-children-europe-programme.org/Global/English/StatementGoodPract.htm

Events

November

Women Defending Peace

22-24 November, Geneva Centre for the Democratic Control of Armed Forces, Geneva, Switzerland. As a follow-up to the Sharm El Sheikh ‘Women for Peace, Dialogue for Action’ held in September 2002 under the initiative of Mrs Suzanne Mubarak, the 2004 conference will bring together a prominent group of women and men who have dedicated much of their work to enhancing peace. Among them will be some 300 representatives of non-governmental organisations from all over the world, peace laureates, academics, jurists, representatives of international organizations, governments and special invitees.

www.dcaf.ch +41227417700

Practical training in ‘International human rights litigation with emphasis on non-discrimination and minority rights and on the European Convention on Human Rights’, for lawyers and judges from Central and Eastern Europe.

22 November – 3 December, Netherlands Helsinki Committee, The Hague, Netherlands

The project aims to enhance the practical knowledge and skills of practising human rights lawyers and judges from Central and Eastern European countries in international human rights litigation with emphasis on discrimination and minority rights and on the European Convention on Human Rights (ECHR). +31703926700, http://www.nhc.nl/proj/humanrightstraining.php#practicaltraining

'From Immigration to Integration- European regions, migration and refugees'

23 November 2004, Yorkshire and Humberside Consortium for Asylum-Seekers and Refugees, Brussels, Belgium. For more information, please contact the organisers via Lucy Aspinall, at +32 2 735 3408 or lucy@yorkshire.be

Understanding & Challenging the Asylum & Immigration Act 2004

23 November 2004, Scottish Refugee Council, Glasgow, UK

The conference is dedicated to the new British Asylum and Immigration Act 2004 and is for members, stakeholders and practitioners. The conference will seek to ensure delegates understand the provisions of the new Act and to raise awareness of opportunities for lobbying with different partners to challenge and influence its implementation. The conference will include seminars, keynote speeches and panel discussions. For more information and a booking form
http://www.scottishrefugeecouncil.org.uk/Information/memb-leaflet2004.pdf

‘Protecting and Supporting Asylum Seeker Women and Children in Detention Centres’ Breakfast Briefing, 24th November 2004, Capita Learning and Development, London

The use of detention centres is highly controversial. Nick Baird, Senior Policy Director,

Immigration and Nationality Directorate, will be the keynote speaker for this breakfast event that seeks to discuss various problems related to the detention of asylum-seekers. For more information contact Capita at 0870 165 9308.

‘International migration in Europe: New trends, new methods of analysis’

25-27 November, organised by the Institute for Research on Population and Social Policies and the European Association of Population Studies, Rome, Italy. The conference intends to address some of the emerging issues in European migration, focusing on new trends and methods of analysis. Specific consideration will be given to four research themes: the uses and limitations of special surveys in international migration studies, new forms of migration in Europe, the evolution of regional patterns of European international migration, and the problems of measuring the integration of migrants. The conference is open to researchers worldwide but participation will be limited to 60 or 70.

+31703565200, http://www.eaps.nl/activities/eventscom/20041125.html

‘Supporting and Integrating Asylum Seekers and Refugees’

29th November 2004, Capita Learning and Development, London

This conference will address the issues and challenges surrounding the provision of Housing, Education and Healthcare for asylum seekers and refugees, and will examine how to successfully integrate asylum seekers and refugees into local communities. For more information contact Capita at 0870 165 9308.

December

International migration and social cohesion

3 - 6 December, European Network of Excellence in the domain of International Migration, Integration and Social Cohesion, Coimbra, Portugal. First Annual Conference of IMISCOE, during which all research clusters as well as the Executive Board, the Board of Programme Leaders and the Board of Directors will meet. +31205253627, http://www.imiscoe.org/calendar/index.html

Meeting of the Council of Europe Committee on Migration, Refugees and Population 6 – 7 December, Paris, France

Meeting of the Task-Force on regional democracy in Ukraine

6 December, Congress of Local and Regional Authorities of Europe, Council of Europe, Kyiv, Ukraine

+33388413194, www.coe.int/cplre

Websites

New Child Trafficking Research Portal, sponsored by Unicef

www.childtrafficking.org

[1] Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxemburg, the Netherlands, Portugal, the Slovak Republic, Spain, Sweden and the United Kingdom.