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Observatory : Refugee crisis in the Med and in the EU


EU: Council of the European Union: Proposal for a Directive of the European Parliament and of the Council on combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism - Follow up of the third trilogue of 28 September 2016 (LIMITE doc no:12736-26, 99 pages, pdf): Multi-column document with the Commission proposal, the Council and European Parliament positions and the "Compromise" position

"Changes introduced by the GA [Council agreed "General Approach] are marked in bold, changes introduced by the EP are marked in bold italic; new text is marked in bold underlined."

Refugee crisis: latest news from across Europe (10-11.10.16)

UK: Migrants plan day of action to highlight contribution to Britain - One Day Without Us will include labour boycott to protest against rising racism and xenophobia (Guardian, link):

"Plans for the event, called One Day Without Us, include a labour boycott to show how important migrants are to the UK workforce.

Organiser Matt Carr, a writer and commentator, has urged migrants and their supporters to join in the day of action on 20 February 2017. He said the trigger for the event was profound concern about worsening attitudes to migrants in the UK.

Carr said he believed that those who voted against Brexit, and also many of those who voted in favour of it, were alarmed at the levels of racism and xenophobia that had manifested before and after the referendum vote.

“We want to make this an inclusive event,’’ Carr said. “We realise that because of the legal constraints on striking, many workers will not be able to take formal strike action. However, they can choose to support this event simply by taking the day off work.”"

EU-USA JHA Senior Officials meeting 8-9 September 2016

- US offers to help with terrorist intelligence on "special interest aliens', irregularly migrating foreigners born in countries close to the crime-terrorism nexus"

- EU proposal to "impose temporary visa requirement for US nationals" went down like a lead balloon

- The US Judicial Redress Act would not come into effect until the "Umbrella Agreement" on the exchange of personal data is adopted

See: Outcome of the EU – US Justice and Home Affairs Senior Officials Meeting, Bratislava, 8-9 September 2016 (LIMITE doc no: 12385-16, pdf)

Greece: FORGOTTEN: Administratively detained irregular migrants and asylum seekers (Aitima, pdf) and Summary (pdf):

"In the Hellenic Police Departments there are serious long-standing systemic problems:

• Lack of an individualized approach based on the characteristics, the situation and the needs of foreign nationals who are under arrest
• Lack of use of alternatives to detention
• Systematic, unjustified detention of dubious legitimacy on the grounds of public order
• Detention of individuals whose removal violates the principle of non-refoulement
• Detention for a period longer than six months..."
(and more)

Council of the European Union: European Public Prosecutor's Office

Current documents under discussion and the latest Consolidated version of the propose Regulation.

Refugee crisis: latest news from across Europe (8-9.10.16) inc Taxi drivers not "smugglers"

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."

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)


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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