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Observatory : Refugee
crisis in the Med and in the EU
UK: Lists,
lists of foreigners, lists of foreign born people (Michael Rosen, link):
"Lists
Lists of foreigners
Lists of foreign born people living and working alongside those
not on lists
Lists of children sitting alongside children not on lists
Lists to be sent in to government departments
Lists of names, addresses that can pass from official to official
from department to department so that what starts out as 'information'
drifts into ways of saying to those on the lists that they should
have less they should have no guarantees of the right to work
or live alongside or amongst those not on the lists.....".
[and
click link to see more]
See: Proposals
on lists of foreign workers cause outcry - Economists see little
to link migration and unemployment (FT, link) and: LSE
foreign academics told they will not be asked to advise UK on
Brexit - Experts question legality under anti-discrimination
laws as senior politicians criticise move as baffling (Guardian, link)
Refugee
crisis: latest news from across Europe (7.10.16)
Council of
Europe: UK
urged to improve protection of child victims of human trafficking (link):
"The
Council of Europes Group of Experts on Action against Trafficking
in Human Beings (GRETA) has urged the United Kingdom to improve
the identification and protection of child victims of trafficking,
expressing particular concern about children going missing from
local authority care.
Despite
many positive developments in recent years, estimates suggest
that up 60% of children who have potentially been trafficked
are still going missing from local authority care in the UK,
usually within 48 hours of being placed in care and before being
formally recognised as victims.
Children
who go missing in one part of the UK can also end up being trafficked
and exploited in another part of the country, without any connection
being made said GRETA President Nicolas Le Coz.
GRETAs
second
report
on the UKs implementation of the Council of Europe convention
on human trafficking says that progress has been made in a number
of areas since 2012, notably including the adoption of dedicated,
comprehensive legislation on human trafficking/modern slavery."
GREECE: Prosecutor
wants US suspect to face trial for wiretapping (ekathimerini.com, link):
"Prosecutor
Maria-Sofia Vaitsi on Thursday proposed that an American citizen,
William Basil, be indicted to trial on spying charges in connection
with a wiretapping system set up to eavesdrop on top Greek government
officials during and after the Athens 2004 Olympics.
Basil, an
American agent, left Greece after the wiretaps were discovered
in 2006 and his whereabouts remain unknown..."
See: Prime
minister and top officials' phones tapped by "unknown individuals" (Statewatch database,
link) and Vodafone
faces court case in 'bugging' row - Parents believe their son
was murdered before he could blow the whistle (The Observer, link)
European Parliament
Briefing: Growing
impact of EU migration policy on development cooperation (pdf):
"Along
with the non-governmental organisations (NGOs) active in this
field, the European Parliament opposes aid conditionality dependent
on partner countries cooperating on readmission and return, as
laid out in the migration compacts. Addressing the current migration
challenge without jeopardising development policy achievements
and objectives will be one of the key issues of the ongoing revision
of the European consensus on development."
EU-CANADA
TRADE DEAL: Leaked
CETA declaration given short shrift (euractiv, link)
"Five
leaked pages of a draft declaration on the EU-Canada trade deal,
CETA, have surfaced ahead of a Council meeting on 18 October
when all member states will be asked to adopt the deal. It has
done little to placate the concerns of the agreements critics....
Guy Taylor,
of Global Justice, said that Now that TTIP is widely acknowledged
to be effectively dead, Brussels is doing all it can to salvage
CETA. The declaration has no legal basis, is devoid of substance
and only goes to show how desperate the Commission is to obtain
support for a corporate coup that has been condemned across Europe."
See: CETA
document
(pdf)
Refugee
crisis: latest news from across Europe (6.10.16)
EU Border
Guard Agency: Securing
Europe's external borders: Launch of the European Border and
Coast Guard Agency (Press release, pdf):
"Under
the new mandate, the Agency's role and activities have been significantly
expanded. The Agency's permanent staff will be more than doubled
and the Agency will be able to purchase its own equipment and
deploy them in border operations at short notice. A rapid reserve
pool of at least 1,500 border guards and a technical equipment
pool will be put at the disposal of the Agency - meaning there
will no longer be shortages of staff or equipment for Agency
operations. The European Border and Coast Guard will now ensure
the implementation of Union standards of border management through
periodic risk analysis and mandatory vulnerability assessments."
And see new:
REGULATION
(EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 September 2016 on the European Border and Coast Guard and
amending Regulation (EU) 2016/399 of the European Parliament
and of the Council and repealing Regulation (EC) No 863/2007
of the European Parliament and of the Council, Council Regulation
(EC) No 2007/2004 and Council Decision 2005/267/EC (pdf)
See: Shooting
revelations clouds EU border guard launch (euobserver, link):
"The EU inaugurated the launch of the new border and
coastguard agency on Thursday (6 October), amid revelations that
border forces routinely used firearms against migrants off Greece
in 2014 and 2015.
The new agency,
called the European Border and Coast Guard Agency, replaces Frontex,
and is a precipitous policy response to last year's large inflow
of refugees and broader security issues. ... On 23 September,
EU ombudsman Emily O'Reilly and Nils Muiznieks from the human
rights watchdog Council of Europe were cc'd in a letter to Frontex
that demanded answers over the shooting incidents. The letter,
signed by 42 MEPs, asks if the new agency will continue to use
firearms against boats carrying refugees."
See: European
Parliament: From 42 MEPs: Letter to Mr Fabrice
Leggeri, Executive Director of Frontex concerning "Shoot
First" policy (pdf): and Shoot
First: Coast Guard Fired at Migrant Boats, European Border Agency
Documents Show (The Intercept, link) and full file: Serious
Incident Reports (190 pages, pdf) also Frontex rules: Serious
Incident Reporting (pdf).
Refugee
crisis: latest news from across Europe (5.10.16)
EU-AFGHANISTAN:
SENDING BACK REFUGEES: Second "dodgy deal" agreed:
Joint
Way Forward on migration issues between Afghanistan and the EU (18 pages, pdf)
See: EU
mulls 'migrant' terminal at Kabul airport (euobserver, link):
"The
EU and Afghanistan are looking into creating a new terminal at
Kabul's airport designed specifically for migrants rejected by
EU states. The plan is part of a broader deal on stepping up
the returns of rejected asylum seekers from the EU to Afghanistan
signed over the weekend....
the return
agreement appears to contradict an internal
document from the European Council, representing member states, which earlier
this year said security is actually getting worse in Afghanistan.
"Due
to the deteriorating situation in Afghanistan, as well as pressure
on Afghans in Pakistan and Iran, there is a high risk of further
migratory flows to Europe," noted the internal document."
See also:
Joint
"non-paper" from the European Commission and the European
Action Service (EEAS) in March 2016:
Joint Commission-EEAS non-paper on enhancing cooperation on migration,
mobility and readmission with Afghanistan (Restricted do no: 6738-16,
pdf)
Tony Bunyan,
Statewatch Director, comments: "Under the dodgy EU-Turkey
deal we have two Letters and a Statement now for the Afghanistan
deal there is a "Agreement" - yet again by-passing
formal law-making and parliamentary scrutiny. Yet again the Council
demonstrates its contempt for the rule of law. There is no way
Afghanistan, even in Kabul, is a safe country to return refugees
to."
Refugee
crisis: latest news from across Europe (4.10.16)
European
Parliament Study: A comparative
analysis of media freedom and pluralism in the EU Member States (pdf):
"This
study was commissioned by the European Parliament's Policy Department
for Citizens' Rights and Constitutional Affairs at the request
of the LIBE Committee. The authors argue that democratic processes
in several EU countries are suffering from systemic failure,
with the result that the basic conditions of media pluralism
are not present, and, at the same time, that the distortion in
media pluralism is hampering the proper functioning of democracy.
The study
offers a new approach to strengthening media freedom and pluralism,
bearing in mind the different political and social systems of
the Member States. The authors propose concrete, enforceable
and systematic actions to correct the deficiencies found."
Czech
president Zeman: economic migrants to be deported to uninhabited
Greek islands (Keep Talking Greece, link):
"Czech
president Milos Zeman has proposed that economic migrants should
be deported from Europe to uninhabited Greek islands
or to empty places in North Africa."
UK-EU BREXIT:
German Bundestag Study: Consequences
of Brexit for the realmof justice and home affairs Scope for
future EU cooperation with the United Kingdom (pdf)
"In the
referendum of 23 June 2016, a majority of British voters opted
for the United Kingdom to leave the European Union (EU).1The
present study deals with the consequences of the referendum result,
particularly with the repercussions of Britain giving notice
under Article 50 of the Treaty on European Union (TEU) of its
intention to withdraw from the European Union. The study focuses
on Union legislation in the realm of justice and home affairs
and, in particular, on police cooperation and judicial cooperation
in criminal matters."
Council of Europe: United
Kingdom: New report reveals increasing hate speech and racist
violence
(link)
"A new
report on the United Kingdom has confirmed fears that racism
and discrimination in the country are at worrying levels.
The European
Commission against Racism and Intolerance (ECRI) highlights key
concerns in its latest report on the United Kingdom published
today.
It is
no coincidence that racist violence is on the rise in the UK
at the same time as we see worrying examples of intolerance and
hate speech in the newspapers, online and even among politicians,
said ECRI Chair Christian Ahlund.
The
Brexit referendum seems to have led to a further rise in anti-foreigner
sentiment, making it even more important that the British authorities
take the steps outlined in our report as a matter of priority.
See: Press
release
(pdf) and Report
from ECRI
(pdf)
Refugee
crisis: latest news from across Europe (3.10.16)
Germany
wants migrants sent back to Greece and Turkey (euractiv, link):
"Germany
called yesterday (2 October) for asylum seekers who entered the
European Union via Greece to be forced to return there, while
also urging Athens to send more migrants back to Turkey.
In an interview
with a Greek daily, German Interior Minister Thomas de Maizière
said he wants to reinstate EU rules which oblige asylum seekers
to be sent back to Greece as the first EU country they reached.
I would
like the Dublin convention to be applied again
we will
take up discussions on this in a meeting with (EU) interior ministers
later in October, he told the Greek daily Kathimerini."
Council
documents: Manual on law enforcement information Exchange, Exit
entry, Visas and Japan: Mutual Legal Assistance statistics
Including: Working
Party on Information Exchange and Data Protection (DAPIX): Working
Party on Information Exchange and Data Protection (DAPIX) No.
prev. doc.: 6704/16 Subject: Manual on Law Enforcement Information
Exchange - Draft update 2016 (LIMITE doc no: 11794-16, pdf)
"The
Manual on Law Enforcement Information Exchange (6704/16), drafted
in the framework of the Information Management Strategy (IMS)
for EU internal security, aims at supporting, streamlining and
facilitating cross-border in formation exchange. Since the manual
is intended as a tool for police officers working in this area,
both structure and content of the manual are focussed on the
practical day-to-day cooperation between national authorities
involved in information exchange, and their training purposes....."
And see: Previous
document with full-text of: Manual on Law Enforcement Information
Exchange LIMITE
doc no: 6704-16, 391 pages, pdf)
Refugee
crisis: latest news from across Europe (1-2.10.16)
Europes
Top Human Rights Court Will Consider Legality of Surveillance
Exposed by Edward Snowden (The Intercept, link):
"Human
rights groups have launched a major new legal challenge over
mass surveillance programs revealed by the National Security
Agency whistleblower Edward Snowden.
Ten organizations
including Privacy International, the American Civil Liberties
Union, and Amnesty International are taking up the landmark
case against the U.K. government in the European Court of Human
Rights (pictured above). In a 115-page complaint released on
Thursday, the groups allege that blanket and indiscriminate
surveillance operations carried out by British spy agencies in
collaboration with their U.S. counterparts violate privacy and
freedom of expression rights."
See: Full-text
of NGOs case to ECHR (pdf)
Refugee crisis:
latest news from across Europe (30.9.16)
EU-Afghanistan
returns plan: Another "dodgy" deal
- Deal to
be signed next week to start immediate refugee "return"
flights
- Is Afghanistan a "safe country"?
- Quick return of 80,000 refugees planned
- "effectively implement readmission commitments" - by-passing parliamentary
scrutiny
Tony Bunyan,
Statewatch Director, comments: "Under the dodgy EU-Turkey
deal we have two Letters and a Statement now for the Afghanistan
deal there is to be a "Declaration" - yet again by-passing
formal law-making and parliamentary scrutiny. Yet again the Council
demonstrates its contempt for the rule of law. There is no way
Afghanistan, even in Kabul, is a safe country to return refugees
to."
See: Dated 22 September 2016: Draft
Joint Way Forward on migration issues between Afghanistan and
the EU - Adoption (LIMITE doc no: 12191-16, 2016, pdf).
And a joint "non-paper"
from the European Commission and the European Action Service
(EEAS) in March 2016:
Joint Commission-EEAS non-paper on enhancing cooperation on migration,
mobility and readmission with Afghanistan (Restricted do no: 6738-16,
pdf)
BREXIT: UK
releases legal arguments on Article 50 (euobserver, link):
"The
British government was forced by a judge to release its legal
arguments for refusing to let the parliament decide when and
how the UK should trigger the article 50 procedure to withdraw
from the EU.
The legal
arguments released on Wednesday (29 September) argue that it
is constitutionally impermissible for parliament
to be given the authority to launch the exit procedure."
See: UK government
legal case submitted to the court: Full-text (pdf)
Refugee
crisis: latest news from across Europe (29.9.16)
Brussels
pushes Greece for action on migrants sought before Dublin pact
reboot
(ekathimerini.com, link):
"European
officials are calling on Athens to take action by the end of
this year ahead of the review and reactivation of the Dublin
Regulation, which would lead to EU member-states returning migrants
to Greece.
The European
Commission on Wednesday asked Athens to improve reception facilities,
accelerate the processing of asylum claims and create separate
facilities for unaccompanied minors.
European Migration
Commissioner Dimitris Avramopoulos said there will be no returns
to Greece in the months leading up to the review of the pact,
which stipulates that migrants lodge their asylum appeals in
the first EU country they enter."
Comment: Once it is agreed that
refugees, who entered the EU through Greece, can be returned
to Greece it is up to each EU Mmber State to activiate the "return"
provisions under the Dublin rules.
Refugee
crisis: latest news from across Europe (28.9.16)
EU's
secret ultimatum to Afghanistan: accept 80,000 deportees or lose
aid
(Guardian, link):
"Memo
leaked in advance of Brussels aid summit reveals EU plans to
make assistance to Afghanistan migration sensitive
despite security concerns.
When international
donors and the Afghan government convene in Brussels next week,
the EU secretly plans to threaten Afghanistan with a reduction
in aid if the war-torn country does not accept at least 80,000
deported asylum seekers.
According
to a leaked restricted memo (pdf), the EU will make some of its
aid migration sensitive, even while acknowledging
that security in Afghanistan is worsening.
Meanwhile,
the Afghan government is also struggling with internal turmoil,
and has failed to revive the economy or produce jobs for the
young who leave the country in droves.
It would be
challenging for Afghanistan to absorb 80,000 deportations. So
far, in 2016, about 5,000 Afghans have returned voluntarily from
Europe
The EU said
in the leaked memo that it is aware of the worsening security
situation and threats to which people are exposed and that
Afghanistan is suffering record levels of terrorist attacks
and civilian casualties.
The memo added:
Despite this, more than 80,000 persons could potentially
need to be returned in the near future.
An EU official
said in an email: We dont comment on leaked documents.
He added that the EU and Afghanistan have a constructive
dialogue on migration." [emphasis added]
Based on a document
made available by Statewatch: Joint
Commission-EEAS non-paper on enhancing cooperation on migration,
mobility and readmission with Afghanistan (Restricted doc no:
6738-16, pdf).
European
Commission: EU-Turkey-Greece-Italy-returns-relocation:
documents
European
Commission: Schengen border checks: Report
on the application of Council Implementing Decision of 12 May
2016 setting out a Recommendation for temporary internal border
control in exceptional circumstances putting the overall functioning
of the Schengen area at risk (COM 635, 28.9.15, pdf):
"The
present report contains the findings of the Commission after
monitoring the manner in which the current temporary internal
border controls are carried out, as foreseen by the Council Recommendation.
It focuses on whether, as recommended, the reintroduced internal
border controls by the above Schengen Member States have been
limited to what is strictly necessary and proportionate in light
of the serious threat to public policy and internal security
posed by the persistent risk of secondary movements of irregular
migrants entering via Greece and who might move to other Schengen
Member States. It also analyses whether the circumstances
have changed so as to require an adaptation of the Council Recommendation." [emphasis added]
See also: Back
to Schengen: Commission proposes Roadmap for restoring fully
functioning Schengen system (pdf, March 2016 , pdf)
EUROPOL:
DENMARK-UK: Timmermans
dashes Danish hopes for parallel deal on Europol
(euractiv,
link):
"European
Commission Vice President Frans Timmermans told Denmarks
leaders yesterday (27 September) that they would not get the
cross-border policing deal they have been seeking since Danes
voted in a referendum to quit Europol.
In a precursor
to the much more dramatic vote by the British in June to leave
the European Union entirely, Danes last December rejected a government
proposal for new laws needed to keep the country inside the European
police agency....
If you vote
to be out of Europol, youre out of Europol. I dont
see on the basis of the legal situation any alternative for that,
Timmermanns said."
Refugee
crisis: latest news from across Europe (27.9.16)
EU: Council of the European
Union: Encryption
of data - Questionnaire (LIMITE doc no: 12368-16, pdf):
"Over
lunch during the informal meeting of the Justice Ministers (Bratislava,
8 July 2016) the issue of encryption was discussed in the context
of the fight against crime. Apart from an exchange on the national
approaches, and the possible benefits of an EU or even global
approach, the challenges which encryption poses to criminal proceedings
were also debated. The Member States' positions varied mostly
between those which have recently suffered terrorist attacks
and those which have not. In general, the existence of problems
stemming from data/device encryption was recognised as well as
the need for further discussion.
To prepare the follow-up in line with the Justice Ministers'
discussion, the Presidency has prepared a questionnaire to
map the situation and identify the obstacles faced by law enforcement
authorities when gathering or securing encrypted e-evidence
for the purposes of criminal proceedings." [emphasis added]
A number of questions
to Member States concern whether judicial authorities have to
agree access including:
"Under
your national law, is there an obligation for the suspects or
accused, or persons who are in possession of a device/e-data
relevant for the criminal proceedings, or any other person to
provide law enforcement authorities with encryption keys/passwords?
If so, is a judicial order (from a prosecutor or a judge)
required? Please provide the text of the relevant provisions
of your national law." [emphasis added]
Refugee
crisis: latest news from across Europe (26.9.16)
European Parliament:
From 42 MEPs: Letter
to Mr Fabrice Leggeri, Executive Director of Frontex concerning
"Shoot First" policy (pdf):
"We are
contacting you with reference to a number of incidents reports
documenting the recurrent use of weapons by coast guards within
Frontex operations to stop boats driven by suspected smugglers,
injuring or killing refugees. The documents, published on August
22nd 2016 by the online publication.
The Intercept
(Shoot First: Coast Guard Fired at Migrant Boats, European
Border Agency Documents Show), show multiple cases of firearms
use against boats carrying refugees by the Greek and FRONTEXs
operators leading to severely endangering refugees in the process.
The reports cover a 20-month period from May 2014 to December
2015. Each case of firearms use even if it resulted in
someone being wounded was described as part of the
'standard rules of engagement' for stopping boats at sea."
See: Shoot
First: Coast Guard Fired at Migrant Boats, European Border Agency
Documents Show (The Intercept, link) and full file: Serious
Incident Reports (190 pages, pdf) also Frontex rules: Serious
Incident Reporting (pdf).
Top reports
See: Resources
for researchers: Statewatch Analyses: 1999-ongoing
SECILE Project:
Borderline: The EU's New Border Surveillance Initiatives:
Assessing the Costs and Fundamental Rights Implications of EUROSUR
and the "Smart Borders" Proposals (pdf) A study by the
Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias
Vermeulen: "Unable to tackle the root of the problem,
the member states are upgrading the Unions external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EUs fundamental values - under the pretence
that ones own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
Statewatch's
20th Anniversary Conference, June 2011: Statewatch
conference speeches
TNI/Statewatch:
Counter-terrorism,
'policy laundering' and the FATF - legalising surveillance, regulating
civil society
(pdf) by Ben Hayes
Statewatch publication:
Guide
to EU decision-making and justice and home affairs after the
Lisbon Treaty
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
complex
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
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