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EU-USA Justice and Home Affairs meeting

Migration, counter-terrorism and transnational crime - Awaiting CJEU opinion on PNR Canada scheduled for 26 July

The first "meeting with the new US Administration at ministerial level": Outcome of the EU – US Justice and Home Affairs Ministerial Meeting,Valletta, 15-16 June 2017 (LIMITE doc no: 10483-17, pdf):

EU-G20: Remarks by President Donald Tusk before the G20 summit in Hamburg, Germany (pdf):

Tusk is seeking support to tackle "the unprecedented wave of illegal migration" through "targeted UN sanctions against smugglers" in north Africa. However, he notes that:

"Unfortunately I have to say that today we do not have the full support even for this minimum. If we do not get it, it will be a sad proof of the hypocrisy of some of the G20 members..."

Perhaps this is because he refers to everyone arriving in the EU as "irregular migrants" (who anyway have the right to claim asylum) and not as refugees and migrants. He also refer only to "smuggling" not trafficking - two legally distinct concepts.

Refugee crisis: latest news from across Europe (6-7.7.17)

Central Mediterranean: Death toll soars as EU turns its back on refugees and migrants (Amnesty, link):

"The soaring death toll in the central Mediterranean and the horrific abuses faced by thousands of refugees and migrants in Libyan detention centres are clearly linked to failing EU policies, said Amnesty International in a report published today.

A perfect storm: The failure of European policies in the Central Mediterranean finds that by ceding the lion’s share of responsibility for search and rescue to NGOs and by increasing cooperation with the Libyan coastguard, European governments are failing to prevent drownings and turning a blind eye to abuse, including torture and rape.

EU Ministers meeting in Tallinn today are set to discuss new proposals that will make a dire situation worse."

See: Presidency of the Council: Ministers of Interior agree on more robust approach to migration pressure (press releaes, pdf)

EU: Action Plan for Central Mediterranean: mandatory code of conduct for NGOs, massive expansion of detention and hotspots in Italy

The European Commission has published an Action Plan containing a swathe of measures "to support Italy, reduce pressure along the Central Mediterranean Route and increase solidarity," in order to try to address the "structural challenge" represented by the "loss of life and continuing migratory flows of primarily economic migrants on the Central Mediterranean route."

This includes a proposal for Italy and the Commission to draw up a code of conduct for NGOs conducting search and rescue missions, and demands for Italy to massively increase the capacity of its hotspots and its detention centres as well as extending the maximum period of detention up to 18 months, the maximum allowed under EU law.

And see: Refugee crisis: latest news from across Europe (5.7.17)

EU: Frontex in the Balkans: Serbian government rejects EU's criminal immunity proposals

The Serbian government is not happy with EU proposals that Frontex teams would be able to operate on its territory with total immunity from Serbian law. After two rounds of talks between the EU and Serbia, the text of a proposed agreement that would govern Frontex teams' joint operations, "rapid border interventions" or return operations in the Western Balkan country shows that the Serbian side rejects the EU's proposal that "members of the team shall enjoy immunity" from the administrative, civil and criminal jurisdiction of the Republic of Serbia.

GERMANY: Hamburg is transforming itself into an Orwellian dystopia for the G20 Summit (OpenDemocracy, link):

"on July 7 and 8, your city will take security measures that are extreme even by G20 standards. Andy Grote, your senator of the interior, went back on a previous promise to not ban demonstrations and declared a general decree forbidding any kind of assembly in a territory of 38 km2.

Predator drones, usually deployed in warzones, will circle the skies, tanks will be out on the streets, and over 15,000 police officers are expected to be on patrol, including those on horseback and with dogs.

Robots deployed by U.S. secret services will crawl through sewers and subway tunnels (doing what exactly? No-one knows since the U.S. won’t give us any information about them!) Hamburg will be transformed into an Orwellian dystopia of complete surveillance, enforced by paramilitary means; a democracy-free area."

UK: Suicide and self-harm in prisons hit worst ever levels (The Guardian, link):

"Prisons have “struggled to cope” with record rates of suicide and self-harm among inmates following cuts to funding and staff numbers, the public spending watchdog has said. The National Audit Office said it remains unclear how the authorities will meet aims for improving prisoners’ mental health or get value for money because of a lack of relevant data."

See: National Audit Office report: Mental health in prisons (pdf) and: Summary (pdf)

RACE & CLASS: Prison resistance and black self-defence (link)

"Read new and re-released material from Race & Class on black prison resistance, the role of the Black Panthers, and the influence of US rebellions on the struggle in the UK."

EU: Total information awareness for law enforcement: "turning point" reached, says EU police technology network

- Police foresee immediate 24/7 access to data/profiles, images, videos, biometrics on everyone stopped, checked or under surveillance with automatic flagging on what action to take
- Mobile technologies to access ID profiles from local, national and international records, gather photos and videos and be used for covert surveillance

European Border and Coast Guard report

- 72% of returns inside Europe: 101 return flights to the West Balkans and only 41 outside the EU
- Deploying
"assets" to frontline Member States: thermo-vision vehicles, dog teams, CO2 detectors and smartdeck cameras

Refugee crisis: latest news from across Europe (1- 4.7-17)

EU: Restricted document highlights plans for ongoing EU interventions in Libya

The EU's plans to re-establish functioning government institutions in Libya and to halt the flow of people across the Mediterranean are outlined in a restricted document currently being discussed by officials in Brussels. The detailed Strategic Review on EUBAM Libya, EUNAVFOR MED Op Sophia & EU Liaison and Planning Cell (9202/17, 15 May 2017, RESTREINT/RESTRICTED, pdf), produced by the European External Action Service, proposes extending until December 2018 the Mediterranean military mission EUNAVFOR MED/Operation, the EU Border Assistance Mission Libya (EUBAM Libya) and the work of the EU Planning and Liaison Cell (EUPLC), based in Brussels.

EU: Commission, France, Germany and Italy - Joint "Declaration": Italy to draw up a "Code of Conduct" to bring NGOs operating in the Med under state control: Press release, pdf):

The measures proposed contains many previous ideas: increasing "relocation" in the EU (which has failed miserably), increasing "returns" (which are low), helping Libyan Coast Guards and enhancing "readmission rates" to Africa.

But top of the list is a new proposal to:

"Work on a code of conduct for NGO's, to be drafted and presented by Italy, in order to improve coordination with NGO's operating in the Mediterranean Sea....

In order to allow swift progress in support of Italy, the Ministers of Interior of France, Germany and Italy and the European Commissioner for Migration and Home Affairs call on all EU partners to consider these action points at the next EU informal Council meeting in Tallinn on 6 July."

Statewatch Analysis: Policing the internet: how Europol takes action against undesirable content online (pdf) by Kilian Vieth (Translation by Viktoria Langer):

Europol removes content from the internet. This approach goes beyond regular measures in the fight against terrorism propaganda and mixes police work and media regulation. Should a police agency be responsible for the surveillance and control of Facebook posts and tweets?

EU: Centralised biometric database for convicted non-EU nationals also part of "interoperability" agenda

Proposals published last week by the European Commission will see the development of a new a centralised database holding the criminal records of non-EU citizens, alongside their fingerprints and photographs.

"Although it is possible to exchange information on convictions concerning third country nationals and stateless persons (hereinafter: TCN) through ECRIS [the European Criminal Records Information System] today, there is no procedure or mechanism in place to do so efficiently," says the Commission, and thus a new system is required that will simplify the process and leave the door open for future "interoperability" initiatives with other EU databases and information systems.

EU: Entry-Exit system (EES): Nearing agreement - some "technical" issues still outstanding

UK: Upper Tribunal (Immigration and Asylum Chamber): No more returns to Libya

"The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person."

See: Decision: full-text (pdf)

Refugee crisis: latest news from across Europe (29-30.6.17)

EU: European Parliament Study: Towards an EU common position on the use of armed drones (pdf):

"Since the European Parliament (EP) passed a resolution on the use of armed drones in February 2014, it has pointed several times to the need for a common EU position on the matter. It has stressed in particular the importance of ensuring compliance with international human rights and humanitarian law when using armed drones.... Furthermore, progress has been made recently in agreeing a joint EU position regarding the related matter of lethal autonomous weapons." [emphasis added]

See also: Towards a European Position on the Use of Armed Drones? A Human Rights Approach (ICCT, pdf): "The authors’ conclusions include observations on the need for and possible ways to obtain information, challenges for the use of armed drones generally, and legal challenges and recommendations."

EU: Interoperability and EU databases: Big Brother takes shape

Press release: Security Union: Commission delivers on interoperability of EU information systems (pdf): "The Commission is today delivering on its commitment to ensure interoperability and address the existing shortcomings of EU information systems for security and border management, as set out by the Commission in its 7th Security Union Report on 16 May and endorsed by the European Council of 22-23 June. As a first step, the Commission is proposing to strengthen the mandate of the EU Agency for the operational management of large scale IT systems (eu-LISA), enabling it to develop and roll-out the technical solutions to make the EU information systems interoperable." [emphasis added]

 Extending eu-LISA mandate: Proposed Regulation on the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice, and amending Regulation (EC) 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) 1077/2011 (pdf): "aims at inserting in the Regulation changes deriving from policy, legal or factual developments and in particular to reflect the fact that new systems will be entrusted to the Agency subject to agreement by the co-legislators and that the Agency should be tasked with contributing to the development of interoperability between large-scale IT systems in the follow-up to the 6 April 2016 Commission Communication on Stronger and Smarter Information Systems for borders and security, the final report of the High-level expert group on information systems and interoperability of 11 May 2017...." [emphasis added]

 Factsheet: EU information systems (pdf) includes: "Who can access which database?"

In order to put smugglers on the UN list we need the UN Security Council members to agree. The G20 format seems to be a good forum to bring it to the table."


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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