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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 Europe’s 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.

GRETA’s second report on the UK’s 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 agreement’s 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)

Europe’s 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 don’t 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 Denmark’s 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, you’re out of Europol. I don’t 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 FRONTEX’s 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 Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s 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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