Archive for the 'Asylum' Category

Let’s make a pact

Tuesday, July 8th, 2008

French President and current EU figurehead, Nicolas Sarkozy claimed an early boost to his country’s presidency of the Union yesterday, with the conclusion of the much anticipated ‘European Pact on Immigration and Asylum.’ Of course, it was a watered down version of the document that French immigration minister, Brice Hortefeux, was peddling to Member State governments earlier in the year - and rightfully so. Spain threw a wrench in the French Presidency’s plans a few days ago, when it refused to agree to an addendum on integration and a Europe-wide ban on regularisations. 

According to those who have actually seen it, (it is not public information - at least not yet) it is built around five guiding principles:

  • To better protect Europe by controlling its borders in a spirit of solidarity. The centerpiece on the operational side is the strengthening of Frontex, the European border patrol agency. A central command structure will be established, with two permanent bodies, one for the southern and the other for the eastern EU borders. The countries themselves will be responsible for the control of their part of the EU external borders, but the most exposed countries will also benefit from “solidarity on the European scale”. 
  • To organise legal migration in harmony with the capacity of each member country to receive immigrants and in a spirit of solidarity. The Commission’s European ‘Blue Card’ initiative remains at the heart of these plans, while France’s original plans for “integration contracts” are abandoned (instead, Member States are to encourage language instruction). The idea is to eventually give Europe a competitive position in attracting highly-skilled migrants that still flock largely to the United States and Canada (55% vs. 5% for Europe). (In a related story, German labor minister Olaf Scholz announced that his country would support controlled labor migration, after his predecessor last year proclaimed Germany would never sign up to the Commission’s EU Blue Card plans)
  • To organise the selective repatriation of illegal immigrants. Long a key concern for France, the country has been the primary backer of the recently adopted Returns Directive, which regulates expulsion practices.  In addition to the Directive, the pact highlights the need for better co-operation between member states, which could use joint flights for the repatriation of illegal immigrants, improve the legal base of readmission agreements and increase the fight against human trafficking, etc. 
  • To build a Europe of asylum. The countries are expected to put in place by 2010 common guarantees on asylum and a uniform refugee status. Adding this to the Pact is little more than an additional commitment: the European Union’s Hague Programme, which was adopted in 2004 already
  • To promote the development of the countries of immigration. In exchange of their commitment to finding common answers for the fight against illegal migration, the EU will offer third countries opportunities for legal migration for work or studies. Measures will also be adopted to promote the return of third country nationals to their places of origin - for the benefit of their societies (Buzzword alert: “Circular Migration”). The Pact requests that the Commission also design mechanisms to facilitate and promote the investment of immigrants’ earnings in their home countries (i.e. making better and controlled use of remittance payments). 
  • So, at the end of the day, nothing in this pact is really new. 

    For the most part, the Commission has already proposed legislation (EU Blue Card) and frameworks (Hague Programme) or, in fact, legislation has already been concluded as is the case for the Returns Directive.

    However: Because Mr. Sarkozy has done what few others have done before him in recent EU politics (bar Angela Merkel on the environment) -  namely claim ownership and assume leadership - the media is keeping a close eye not only on him as EU President, but on the commitments made by all 27 Heads of State and Government as part of this pact. In the absence of a clear legal base for Justice and Home Affairs policy (which is linked to the adoption of the Lisbon Reform Treaty), and in light of demographic and economic need, the EU needs momentum in this crucial policy area. 

    For ten years, since the initial EU Summit on immigration policy in Tampere, plans were made, legislation was written but major problems remained unadressed. Member states failed to realize the benefit of common approaches to a policy area, which by nature of the Union’s open borders, could no longer be controlled unitlaterally.

    We have a new window of opportunity: Europe needs migrants economically, and Europeans are beginning to understand the benefit of controlled migration. Europeans, by and large, want the Union - not their individual national governments - to develop functional policy in this area. Now is the time to turn the end the closed-door decision-making that started in Tampere. The European Parliament, NGOs and migrant organizations have to use this new window of opportunity in their favor, to ensure that the European Union gives itself the robust, humantiarian, just, equal and functional immigration and asylum policy it needs for the 21st century and beyond. 

    *This entry has been cross-posted to the EU at 50 blog

    Weekly news roundup

    Monday, October 8th, 2007

    Copyright dpaIn this week’s roundup - a look at Finland, as it tries to become a destination country for immigrants. Two personal stories that are causing politicians to critically reexamine Austria’s immigration legislation and a new report from UCSD that argues in favor of continued Mexican migration to the US to stem the adverse effects of a decline in the working population.

    Looks like Frontex isn’t the magic solution after all. German papers are reporting that hundreds of migrants were rescued from the waters off the Italian island of Lampedusa over the past few days. Almost 600 mostly African migrants had been taken aboard coast guard and rescue vessels within 24 hours between Wednesday and Thursday evening of last week - more than 300 on Wednesday alone. A previous dip in the numbers of migrants seeking access to European territories from the Atlantik and Canary Islands had been attributed to closer surveillance of by EU border patrols, but numbers have been rising again over the past few weeks, particularly in the Eastern Mediterranean sea.

    • A new report from the University of California San Diego argues that instead of closing borders to Mexican immigrants, the US needs to bring in more migrants to stem a looming demographic downturn that will pull at the purse strings of retirement funds, once the baby boomers leave their jobs in droves in the coming years. And immigration might not be the only solution, as fertility numbers among Mexican immigrants are also dropping.
    • US Immigration and Customs Enforcement agents are coming under fire following a wave of raids against illegal immigrants in suburban New York, the New York Times reports.
    • The electoral campaign of one of Switzerland’s largest parties has come under scrutiny for its racist undertones. A poster illustrating the party’s hardline stance in immigration shows a group of white sheep standing on a Swiss flag symbolically kicking a black sheep out of the country. The campaign has polarized a country, which prides itself on consensus policy-making. Over the weekend, sparks flew as left-wing protestors took to the street to demonstrate against the SVP campaign in the country’s capital, Bern.
    • Two recent cases of immigrant family deportations have raised new questions about the controversial 2006 Austrian immigration law, which changed the provisions for residency.
    • Finland is looking to become a destination country for highly-skilled migrants, the FT report, but has yet to develop a compelling strategy to attract the best and brightest it is looking for. It is hoped that these migrants will continue to power the R&D heavy side of the country’s high-tech companies. But just as needed are the semi-skilled, the nurses and caretakers of the elderly, just as much as the plumbers and metal workers. The government is looking to recruit workers primarly from neighboring countries, including Russia, but has had to acknowledge that the extreme degree of red tape involved in applying for residency and the country’s high taxes do not make for attractive prospects for would-be migrants. An attitude shift toward migrants may also be needed, as prejudices toward particularly Soviet migrants are still rife among Finnish employers, the article suggests.

    Adieu Calais…Salaam Kent!

    Friday, September 7th, 2007

    Anyone who has passed into Britain from Europe were surprised to see one if not several border checks entering the UK from the Eurostar and numerous Ferries passing through Britain and the Continent. Much of the fuss came from the realization that many of the UK’s migrants came from other developed countries in Europe, most notably the border crossings between the UK and France. While many of the Ferries were shut down and border security heightened on open ports, concerns still exist that waves of illegal migrants are making the crossing to Britain via France’s Ferries, lorries and trains.

    Near the town of Cherbourg in Western France there is a human rights debate among French officials about refugee camps in the area which were seen as a major jumping point for refugees heading to the UK. While many see the camps as requiring more attention and facilities being required to keep it to the standard of basic human rights, others see them as the main cause for migrants coming to the UK and wish them to be moved or closed. In reality, with much conflict in areas of the world such as Iraq and Afghanistan and economic migrants from Iran and Syria and other places also making their journey to the coast of France, the issue is most likely to become greater as tension rise abroad. It is claimed that people are arrested daily in their attempts to make it to the UK from the French costal towns.

    Much of the issue in towns like Calais and Cherbourg however is that number of smugglers who help migrants make it to the UK with much ease according to UK officials. While the French government vowed to stop making more camps and crack down on smugglers, it seems that demand is ever-growing with troubles in Iraq and Afghanistan the policy may not meet the needs of governments, nor refugees.

    Weekly news roundup

    Sunday, September 2nd, 2007

    This week’s news roundup is short, but not on account of the fact that we have little to say, or that there is little to report - it’s primarily due to tricky technology - but on to the news:

    The growing number of Iraqi refugees might soon have even fewer places to flee to, as Syria announced it would start introducing mandatory visas from September 10. Neighboring Jordan has essentially already closed down its borders to Iraqi migrants, though no similar visa scheme has been introduced. European countries have also all but replaced their borders with a wall, when it comes to Iraqis fleeing the hardship of ongoing civil war and military occupation. This newest Syrian initiative could also affect visa regulations for the United States, as the New York Times goes on to say: “The beginning of a visa program in Syria could present serious obstacles for the American program to resettle refugees in the United States because Iraqis are required to be interviewed by American immigration authorities outside Iraq. The United States is considering Iraqi candidates for refugee status from countries in the region, but the overwhelming majority are in Syria and Jordan.” More on this story can also be found in the Sept. 4 edition of the Financial Times.

    • Ahead of the EU-Neighborhood Summit in Brussels, Foreign Affairs Commissioner Benita Ferrero-Waldner has called for the creation of “mobility partnerships” to facilitate legal access to EU territories for migrant workers from countries that are a part of the official European Neighborhood Policy. She shared her thoughts at a speech at Bucerius Law School in Hamburg.
    • The Center for Immigration Studies, a self-proclaimed “pro-immigrant, low-immigration think-tank which seeks fewer immigrants but a warmer welcome for those admitted” has published a new study, according to which the current level of net immigration (1.25 million a year) will add 105 million to the nation’s population by 2060. While immigration makes the population larger, it has a small effect on the aging of society. In an article in the International Herald Tribune, Mark L. Haas is an assistant professor of political science at Duquesne University, looks at the effects a changing demographic landscape could have on future US policies and suggests that “To protect its international security, the United States needs to maintain its enviable demographic position. Specifically, it should reduce Social Security and Medicare payments to wealthier citizens, raise the retirement age to reflect increases in life expectancies, maintain largely open immigration policies, and, above all, restrain the rising costs of its healthcare system. A defining political question of the 21st century is whether American leaders have sufficient political will and wisdom to implement these and related policies. Failure to do so will significantly jeopardize future levels of America’s global influence and safety.”
    • The UNHCR has developed a range of teaching materials to help educators address the issues of refugees and migration with students.
    • And finally, two pamphlets/books worth reading: The Centre for European Policy Studies (CEPS) has published two recent, topical publications on the issue of migration. First, Sergio Carrera and Elspeth Guild outline the main contents of the EU proposal to sanction employers of irregular migrants by looking at the obligations and sanctions applicable to the employer, the procedures foreseen for the presentation of complaints as well as the set of guarantees provided to the third country national worker. The authors analyze its added value and compatibility with some general principles of European Union law. In a Policy Brief, Carrera and Florian Geyer examine the compromise reached on the future of the EU Treaty from Justice and Home Affairs perspective. With the formal scrapping of the ‘pillar structure’, this policy field will be among those most fundamentally changed by the new framework. By presenting these changes and highlighting the great number of exceptions and derogations, the authors assess the potentially serious implications of the Reform Treaty for the common EU Area of Freedom, Security and Justice and offer some suggestions to help avoid the inherent hazards.

    Israel’s Moral Crisis and Darfur

    Sunday, August 19th, 2007

    To many, the State of Israel and the territory beforehand has always been a place which has taken in more foreign nationals, pilgrims, refugees, colonial citizens and even Crusaders, Greeks and Roman Legions in its long and turbulent history than any other place in the world. Before 1948, the territory called Palestine was taken by the British, before the Ottomans as well as European Crusaders and numerous ancient powers in the region. Since 1948, Jewish settlers from Europe, the Middle East and other parts of the world have built the State of Israel, in the process taking in most of its initial population from the 1920s until the 1980s as migrants from all around the world. While the vast majority of these people are Jewish from many countries worldwide, Israel has also taken in other non-Jewish people such as Baha’i and other smaller minorities from around the world.

    CNN’s program Impact this week has addressed another refugee crisis affecting Africa and Israel these past few months. Many refugees from Africa who have traditionally become victims of civil strife and lack of economic opportunities in their own countries have traditionally tried to make it to Europe or other countries in the Middle East. Now many African migrants have chosen Israel as a place to gain refugee status. With difficulties processing migrants in Southern Europe and countries such as Yemen and Saudi Arabia, Israel has been challenged to process many African migrants passing through the porous Egyptian border in through the Sinai Desert towards Israel.

    As discussed in the International Herald Tribune this week, a new debate has arisen in Israel about African refugees. The crisis in Darfur, which has gone for years without any real assistance from Europe and the United States has become a real issue in Israel. Many of the asylum seekers coming to Israel are not economic migrants, but are coming from the region of Darfur making the deadly voyage through the African deserts towards Israel. While in Israel many see the state as being created from the refugees of the Holocaust, there is also a strong realisation that Israel with its sensitive economy, relatively small population and other uniquely Israeli burdens may not be the best country to try to deal with large refugee crisis such as Darfur, especially when none of the major international players have made any serious efforts to try to resolve the crisis in Darfur. While it was not seen to be a realistic action to be taken by the Israeli government, it was decided this past week that Israel would no longer be accepting refugees from Darfur, but would allow those already in Israel to stay.

    The lack of action by the International Community who is often concerned with the stability in the Middle East is becoming a major crisis in the region. Israel, while being one of the smallest countries in the region would likely have a lot of difficulties being one of the only countries to accept Darfur refugees with no assistance in aiding those lucky to make it to Israel from other countries. A similar crisis in Jordan and Syria also reflects the lack of assistance from the International community, absorbing more than 2 million Iraqis with little help from the International community except for a request in the UN to absorb more individuals in countries with little extra resources or space. While terrorism and extremism have always been the characteristic terms defining the Middle East, the real issue in the region is and was always based upon the crisis of refugees eternally roaming the deserts to find a peaceful life.

    Weekly News Roundup

    Friday, August 17th, 2007

    In this week’s New Roundup we highlight skilled workers and their challenges working in the United States as well as the surprising death threats against community leaders of minority heritage in a small city in Canada and further findings of Migrants in Southern Europe. We also look at fighting racism in the Czech Republic and Russia and problems on the Mexico border.

    • Border Crossings - Rising Breed of Migrant Worker: Skilled, Salaried and Welcome: The New York Times discusses why while many countries are seeking to restrict immigration by low-skilled migrants, they are increasingly working to attract those with advanced degrees and scarce skills. See the story here
    • In a small East Coast Canadian city of Saint John, a city councillor who says he’s been a victim of race-related incidents is not surprised to see more incidents in the city, after another councillor with Korean ancestry received death threats. The suprising threats against the tiny city’s minorities has shocked a country while prides itself on multiculturalism. See the story here.
    • Italian coastguards rescued more than 400 migrants off the southern island of Lampedusa on Thursday, including a group of 300 men, women and children crammed into a wooden boat, officials said. See the story here. As well,  a similar incident in Spain A new wave of illegal migrants has set a course for Spain’s southeastern coast in an attempt to reach European shores. See the story here.
    • The Prague Jewish Community took issue about the Czech football team Sparta’s fans racism  and sent an open letter to representatives of the Czech first soccer league team Sparta complaining about its fans who yell anti-Semitic slogans during the team’s games. See the story here.
    • Student held over internet video of Nazis beheading ‘migrants’ as Russian police detained a university student on Wednesday on suspicion of circulating an Internet video which appeared to show neo-Nazis beheading one non-Slav migrant and shooting another in the head. See the story here and here
    • At least 3,000 Central American migrants remained stranded along railroad lines in southern Mexico after an American train operator shut down its operations there. See the story here.
    • Soccer’s world governing body slapped Jaime Grondona with a nine-month ban on Wednesday in response to the Chilean player’s behaviour at last month’s FIFA U-20 World Cup in Canada. See the story here.

    Weekly News Roundup

    Friday, August 3rd, 2007

    This week’s news takes a look at the situation in the small country of Moldova where a majority of its workers abroad are illegal, examines the further developments in the shooting of the Brazilian man during the chaos of the London Bombings and the resulting inquiry into his death and focuses on Libya’s human rights record and deaths on the US border. We also take a look at Australia’s further integration issues and a record breaking number of African Migrants reaching the Canary Islands of Spain this past week :

    • IMF forecasts that Moldova will be the world leader for the amount of money sent home by migrants in 2008. Most of the Moldovan workers abroad are illegal immigrants. See the story here.
    • London police misled public after accidental shooting, panel finds a top official failed to inform the commissioner of the victim’s identity, thus allowing erroneous reports to be perpetuated in the media. The Brazilian national was killed by London police during the anarchy of the London Bombing, but inquiries found that errors by the London police were skewed and subsequently covered up in the aftermath of the situation. See the story here.
    • Libya is set to take charge of a UN anti-racism committee in a move condemned by human rights groups who say the north African country’s rights record disqualifies it from the post. Libya takes over on the heels of torture allegations put forward by foreign medics recently released from the country. See the story here.
    • The number of illegal immigrants who have died trying to get into the United States is higher than ever this summer. According to USAToday, many migrants have not been able to survive the harsh conditions of the deserts between the US and Mexico and often perish during the journey. Resaons for this are discussed in the article. See the story here.
    • In a report by CNN, The body of a Cuban-American, Luis Lazaro Lara Morejon who was under investigation in a migrant smuggling case was found riddled with bullets along a road outside the Caribbean resort of Cancun, authorities said Tuesday. See the story here.
    • A new test for Migrants to Australia is to be created according to the Sydney Morning Herald. People who are seeking to immigrate will face stricter scrutiny of their ability to integrate into Australian society, the Minister for Immigration, Kevin Andrews said this past week. See the story here.
    • A record-breaking 180 African immigrants reached the Canary Islands in a single ocean-going canoe on Monday as new super-sized vessels began to be used in the perilous journey from Africa’s Atlantic coast. The 180 sub-Saharan Africans were picked up by a Spanish maritime rescue vessel off the island of Tenerife. See the story here

    Iraq: Victory and Crisis

    Friday, August 3rd, 2007

    This week there has finally been some positive media about Iraq and its people. Iraqis cheered the Iraqi national team all around the world this past week when they beat defending champions Saudi Arabia in the Asia Cup of Football with a score of 1-0. Characteristic of the current situation according to unconfirmed sources, all the players on the team no longer lived in Iraq, and a match has not been played on Iraqi soil in nearly 17 years. In addition, there were fears that there might be some violence as during semifinal celebrations 50 fans of the team were killed in attacks in Iraq during street festivities. Despite all the positive and negative developments, the Iraqi national football team did achieve a great victory and is made up of many different cultures and religious affiliations as is the country itself. They are an example of how a positive future is plausible in Iraq despite all of its natural divisions in society. Only few were injured in the celebrations for the final victory of the Asia Cup.

    Iraqis achieving victories outside of their country of birth is likely to become the standard in the future as many Iraqis are fleeing and have fled the chaos of their home state. In Cathryn Cluver’s wonderful posting this week on the Oxfam report on Iraq and its refugees we see that more than 2 million Iraqis have fled outside the country, and that inside the nation state the quality of life, education and other essentials have been drastically effected since 2003. For this reason it will be a likely trend that while Iraqis may achieve success outside of their home state, inside of Iraq success may be defined as being able to leave and as a result live outside of their place of birth.

    While Iraqis are fleeing in record numbers, the host states that are accepting the refugees have yet to form a balanced approach to accepting refugees from one of the world’s most dangerous places. In a BBC World broadcast of August 2nd the situation in Syria where the brunt of the 2 million Iraqis have fled is discussed in detail in the telecast report. Syria, with a population of appx.18 million have accepted via some sources more than 1 million Iraqi refugees and with Jordan have accepted and are being pushed to accept more refugees. Despite this, the world community outside of Syria and Jordan have accepted very few Iraqi refugees compared to Syria and despite the focus and support they wish to give to Iraq, there has been little concrete action to help the actual people leaving Iraq. At the end of all the above observations, it is clear that a refugee crisis from Iraq had begun from the resulting conflict and that there needs to be a great deal more effort beyond Syria and Jordan in accepting Iraqi refugees…People can be surprised what refugees in conflict can do with some opportunity on an equal field of play.

    See: R. Basas’ article The Burden Hardest to Bear for more information on Refugees leaving Iraq to Syria and Jordan

    Weekly news roundup

    Saturday, July 21st, 2007

    This week’s news is short, but nonetheless important:

    • Again, tragedy has struck on the high seas - this time off the Canary Islands: Spanish authorities have called off the search for the 50 migrants lost at sea after their boat capsized late last week. More than forty were rescued, however. The IHT has the story here.
    • The International Organization for Migration is working closely with the Senegalese government to prevent migrants from falling prey to smugglers and face a similar fate as the Gambian migrants off the coast of the Canary Islands. Voice of America reports that the campaign aims to inform potential migrants of legal methods of migration. The IOM press release can be found here.
    • A similar anti-trafficking campaign geared towards the Dominican Republic features Ricky Martin. He has agreed to shake his bon-bon, to promote a free information hotline and other promotional efforts.
    • The Financial Times has published a new series on how Asian countries are dealing with the challenges that arise from their new status as migrant destination countries (requires a free 15-day trial of the FTonline).

    Shades of Black

    Friday, July 13th, 2007

    As Canada’s most famous Ex-Canadian, Mr. Conrad Black was found guilty on some of the charges today in a Chicago court for some of the counts of fraud and taking millions of dollars from shareholders and most notably obstruction of justice. While most of the offences Mr. Black was accused of were quashed and Mr. Black will surely appeal any convictions against him, the path towards the American court and accusations against him in defrauding his company Hollinger International is an interesting case of what it is to be a citizen of a country and how important that status is in the realm of international law.

    Mr. Black arose to media fame in the Canadian province of Quebec where he worked as a journalist and eventually ran his own publication in the early part of his career. With the expansion of Mr.Black’s media empire, he gained more influence and critics in Canada and eventually abroad. As a Canadian, Conrad Black was eligible after his years of work to be granted a Lordship in Britain as Canada is a major part of the British Commonwealth. The situation at the time however was not favorable to Black, as with his newly minted conservative cross Canada publication The National Post criticizing Liberal Prime Minister Chretienat the time, the Prime Minister was seen by many as violating his customary powers of office and disallowed Mr.Black from being granted his Lordship in the UK. While the Prime Minister of Canada rarely if ever disallows a Lordship from being granted under customary traditions, it was felt by Black that the right of the media to criticize politicians was not respected by Mr. Chretien and as a personal assault the Prime Minister at the time was denying Mr. Black the honours of the Crown he rightfully deserved. As a result, Conrad Black renounced his Canadian citizenship to spite Mr. Chretien and was given honorary British citizenship with his Lordship.

    As time passed the different commercial and corporate laws of the UK, Canada and the US were applied against Mr. Black and his activities in running his media empire. With legal issues abounding, Mr. Black sought to reestablish his Canadian identity post-Chretien and with the varying legal risks between other countries and the US it was thought by many in Canada that he wanted to re-instate his status as a Canadian for legal issues, while many others saw Canada as a country that would take any refugee and saw no reason why a son of Canada should not be granted citizenship in his place of birth.

    With a change in the Government in Canada from the Liberal Party to the Conservatives coming due to the corruption of Canada’s Prime Minister’s Office under Jean Chretien in the Sponsorship Scandal, Conrad was also accused in the US of charges of fraud and obstruction of justice. Mr. Black as not being Canadian was not granted any favoritism or assistance in his former country where he grew his life and career, and came to Chicago to face trial. With the results of today’s trial it is unclear to the public if Mr. Black is the man who Chretien wanted the public to believe, or if he was a victim of a Canadian Prime Minister who tried to punish Conrad for promoting freedom of speech and who subsequently disappeared in the wake of the Sponsorship Scandal and has yet to face trial himself. The legacy of Conrad Black is one of many great publications and a trial which will frame the remainder of his life.