[colombiamigra] Fw: PICUM Bulletin — 6 February 2013
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Subject: PICUM Bulletin — 6 February 2013
PICUM Bulletin — 6 February 2013
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PICUM Bulletin — 6 February 2013
* European Policy Developments
* National Developments
* Health Care
* Labour and Fair Working Conditions
* Undocumented Women
* Undocumented Children and Their Families
* Detention and Deportation
* Publications and other Resources
* Other News
European Policy Developments
* COUNCIL OF EUROPE / Governments should act in the best interest of
stateless children
Commissioner for Human Rights of the Council of Europe, Nils Muižnieks, stated
on the 15 January 2013 that “Citizenship is the ‘right to have rights’”.
Without citizenship, one lacks not only political rights, but often social and
economic rights as well. In this most recent statement, Mr Muižnieks claimed
that hundreds of thousands of people in Europe do not have citizenship of any
state, and that governments should act more vigorously to break this cycle by
targeting measures to end statelessness, especially among children. The
Commissioner recalled that the UN Convention on the Rights of the Child,
ratified by every Council of Europe member state, stating “the best interests
of the child shall be a primary consideration.” The Commissioner re-asserted
that it is clearly in the best interests of the child to have citizenship from
birth.
Source: European Convention of Human Rights, 15 January 2013
* COUNCIL OF EUROPE / PACE Resolution calls for “firm and urgent
measures to tackle the mounting pressure and tension over asylum and irregular
migration into Greece, Turkey and other Mediterranean countries.”
The Council of Europe’s Parliamentary Assembly (PACE) adopted a Resolution
[1918] on 24 January 2013 calling for urgent and collective measures to ease
the pressure on front-line countries in the Mediterranean, especially Greece.
The Resolution noted that measures aimed to reduce the flow of arrivals at the
Evros border only shifted the migratory routes to the islands, merely
transferring the problem. The Resolution further analyses the current situation
and makes recommendations to the EU, Greece, and Turkey, but also emphasizes
that Europe must drastically rethink its approach to responsibility sharing in
order to deal with this European problem. The Resolution suggests doing so by
providing bilateral assistance, exploring new settlement and intra-European
relocation approaches of asylum seekers and refugees, and by maintaining the
moratorium on returns to Greece under the Dublin II Regulation. According to
the Resolution, the Council of Europe
also needs to play a supporting role in the process by assisting Member States
in adjusting their asylum systems and backing innovative projects to address
growing social tensions and xenophobia towards migrants. The Resolution was
supported by a report prepared by Tineke Strik, Rapporteur to PACE Committee on
Migration, Refugees and Displaced Persons, accessible here.
Source: Migrants at Sea, 29 January 2013
* FRONTEX / EUROSUR preparation
Frontex, the EU border agency, has confirmed to the News Agency Inter Press
Service (IPS) that it has been funding select weapons and security equipment
manufacturers, to present their equipment in various demonstrations. These
manufacturers were identified by national border agencies as potential
‘customers.’ Reimbursements made to these companies by Frontex to cover the
costs they incurred to present their technology varied from EUR 10,000 euros to
198,000. The demonstrations are part of the preparation for the launch of
EUROSUR, the European External Border Surveillance System. According to IPS,
surveillance plans envisage the possibility of using drones to spot migrant
boats trying to cross the Mediterranean; through 2014-2020 member states will
be encouraged to buy equipment with support from the EU budget. The Commission
estimates that the creation of EUROSUR could cost up to EUR 338 million.
However, the study ‘Borderline’ published by
the Heinrich Boll Foundation, claims the costs could “easily” amount to EUR
874 million. The Commission refutes the higher estimates. The Green
euro-parliamentarian Ska Keller told IPS that “The European border security
policy is going in the wrong direction. (…) Against the background of pervasive
budget cuts and austerity measures, it is unbelievable that the EU is spending
millions of euros for ‘smart gates’, UAVs (unmanned aerial vehicles), and other
surveillance technologies”.
Source: Inter Press Service, 9 January 2013
National Developments
* BELGIUM / Policy plan on migration and asylum criticized
In their assessment of the new Belgian government’s asylum and migration policy
plan, the Flemish organisation Vluchtelingenwerk reached the conclusion that
after three years of struggle, shelter will now be guaranteed for asylum
applicants. The report also praised the Minister for the improvement in
expediting asylum procedures, but the return of unsuccessful applicants to
countries such as Afghanistan is still under criticism. Nonetheless, the report
highlighted that despite the law entitling families of undocumented migrants
with children to shelter, the reality is that most undocumented migrants are
only accepted in shelters for the homeless, which are not adequate to meet
their specific needs as undocumented families. The situation in practice still
remains far removed from the law.
Source: Vluchtelingenwerk, 22 January 2013
* GREECE / Campaign to free Petros Kapetanopoulos
An online campaign has been launched to call the Greek government to drop
charges against Petros Kapetanopoulos, a Greek citizen who confronted the
police whilst he defended a migrant from police brutality. On the night of 21
July 2012, Kapetanopoulos heard shouting in his neighbourhood in Kolonos
(Athens) and went out to check up on it and saw that a squad of five police
officers had apprehended a migrant. Mr Kapetanopoulos claims to have seen one
officer with his foot on the migrant’s stomach. Kapetanopoulos reprimanded the
police by pointing that there was no need to use any force. One of the
policemen replied by hitting the migrant, who was still on the ground.
Kapetanopoulos was also arrested and charged with resisting arrest, false
testimony and attempt of liberating a prisoner. Besides calling the Greek
Government to drop charges against Kapetanopoulos, the campaign also calls upon
the general public to sign the petition as an act against any
kind of torture, molestation or humiliation and to support the human rights of
migrants. To sign up the petition please click here.
Source: Interocupy, 6 January 2013; Anarkismo, 12 January 2013
* ITALY / Shrinking funds for the reception of undocumented migrants
Between March and September 2011 approximately 60,000 irregular migrants
reached the coast of Italy, of whom about 18,000 are still detained in various
immigration reception centres across Italy, waiting for their applications for
leave to remain or asylum to be determined. Just over EUR 1 billion was spent
for their reception on Italian soil. In order to provide adequate funding for
the reception of migrants reaching Italy from North Africa and especially from
Libya, the Italian Home Office started in 2011 the project “Emergenza Nord
Africa”. The project came to an end on 31 December 2012 and the government has
not yet clarified if a new ad hoc funding plan will be implemented for the
upcoming years.
Source: Il Mediterraneo, 8 January 2013; Huffington Post, 6 November 2012;
L’Espresso, 15 October 2012
* USA / Report reveals how providing driving license for undocumented
migrants can secure safer roads
In the context of the revived debate about whether undocumented immigrants
should apply for driver’s licenses, the Californian Department of Motor
Vehicles issued a report revealing that unlicensed drivers are three times more
likely to cause fatal car crashes compared to those who possess a driving
license and are regulated. In California rough estimates indicate that there
are 2 million unlicensed drivers, of whom most are undocumented. Supporters of
providing driving license for undocumented migrants argue that requiring
migrants to pass the theoretical and practical test would play a major role in
reducing general numbers of traffic accidents. Although previous legislative
efforts failed, a Democratic member of the State Assembly has introduced a bill
to allow anyone who can prove that their taxes are in order to apply for a
driver’s license, regardless of their immigration status. The report argues
that the current regulation contravenes public
safety. Sixteen US states have already approved the initiative while six
others still oppose allowing undocumented migrants to obtain driving licenses.
Source: Think Progress, 16 January 2013
* USA / Immigration reform is a top priority
The Obama administration is pushing a comprehensive immigration reform to
Congress that would include a pathway to citizenship for 11 million
undocumented migrants if they meet certain criteria, and accept certain
obligations, including paying back any taxes. Immigration reform has taken the
spotlight after a record turnout of Latino voters, particularly in swing states
such as Florida and Colorado. Election results made clear that it remains
difficult to see a future for the Republican Party (GOP) without addressing the
need to attract immigrant voters. Obama’s proposal would impose a duty upon
employers to verify the immigration status of all newly hired workers; new
long-term visas would be provided to highly qualified migrants; and also a
guest worker programme is planned to protect low-wage immigrants. Little
information has been revealed on the guest-worker program but the objective is
to allow employers to hire low-skilled workers if these jobs
are not filled by U.S. workers. On 2 January 2013, the US Government already
eased the way for undocumented migrants who are immediate relatives of US
citizens and are applying for permanent residency and are able to verify that
spending long time apart from their family members would entail ‘extreme
hardship’. The measure will enter into force on 4 March 2013 and will affect
approximately 1 million immigrants (See PICUM Bulletin 22 January 2013).
Sources: Colorlines, 16 January 2013; Latinos Post, 14 January 2013; La Prensa
San Antonio 3 January 2013; Los Angeles Times 2 January 2013; The Huffington
Post, 31 January 2013
Health Care
* USA / Obamacare leads to the rise of underground cash-only ‘clinicas’
in Los Angeles
Although President Obama’s health reform aims to provide health coverage to
millions of previously-uninsured Americans, it still excludes approximately 12
million undocumented migrants. According to Kaiser Health News report, this
process led to the proliferation of “bodega clinicas” (clinics which provide
cash-only treatment) in Los Angeles. These community clinics seek to give
Latino immigrants without health insurance much-needed basic primary care, but
cannot fulfil the requirements for extensive services such as surgeries.
Although the ‘clinicas’ are already well-established, an upcoming and
comprehensive immigration reform could eventually extend health care benefits
for undocumented migrants, causing a change in the current model. . This would
require a change in the cash-only business model and greater scrutiny, but
researchers consider the changes following the Affordable Health Care Act –
reduced uninsured patients and more
insured – could prompt some legitimate ‘clinicas’ to make the change.
Meanwhile in Vermont, in the context of the implementation of the single-payer
health care system whereby the government pays all costs rather than the
private insurers, lawmakers asked the Green Mountain Care Board to examine the
costs of coverage for undocumented migrants. A University of Vermont survey
found that roughly 1,500-3,000 undocumented workers use health services
sparingly. The main reasons are fear of immigration enforcement, language
barriers and lack of transportation. The respondents are mainly young adults,
which mean that their coverage cost would likely be low, but a decision upon
whether to extend the insurance is yet to be decided.
Sources: Think Progress 14 January 2013; W Cax 18 January 2013
Labour and Fair Working Conditions
* ILO / ILO videos showcase migrant domestic workers’ contribution to
European societies
On the occasion of International Migrants Day and with the financial support of
the EU, the International Labour Organisation released two videos highlighting
the importance of recognizing migrant domestic workers as equal employees and
to protect their rights. The videos will use two short stories (Graciela and
Coring) to showcase how thousands of migrants live and work in European
societies and give essential services to families and societies, even though
their contribution are often undervalued.
Click here to watch Graciela’s story and here to watch Coring’s story.
* ITALY / Migrants face underpayment and unhealthy living condition in
the orchards of Calabria
At the end of 2009, Africans working in Rosarno rebelled against their inhumane
living and working conditions. Three years later, an investigation conducted by
the Italian magazine “La Stampa” reveals that conditions in Rosarno still have
not improved: migrant workers are still underpaid and their living conditions
are still very poor, resulting in unhygienic and hazardous health conditions.
The Gioia Tauro model camp opened in 2011 providing appropriate facilities and
also medical assistance, but by June 2012 it was closed and abandoned when the
financing for the region, Calabria, withdrew its financial support. When the
mandarin-picking season started at the end of October 2013 the camp was taken
over by migrants and quickly saturated. The whole area remains today, a
shantytown.
Soure: Rosarno, La Stampa 9 January 2013
Undocumented Women
* Canada / Transsexual and Transgender Women Denied Access to Shelters
in Montréal
Action Santé Travesti(e)s et Transsexuel(le)s du Québec [Health Action for
Transvestites and Transsexuals of Québec - ASTT(e)Q] has raised concerns about
the ongoing exclusion of transsexual and transgender women from homeless
women’s shelters in Montréal as temperatures drop to extreme lows. ASTT(e)Q, a
local trans health project of CACTUS Montréal, has witnessed several of its
members being denied shelters on the grounds of being trans. While such
refusals are frequently justified by administrative regulations, members of
ASTT(e)Q believe that these exclusive practices are rooted in discriminatory
attitudes towards trans people. While the majority of women’s shelters
throughout Québec require trans people to have undergone sex reassignment
surgery, and/or to have changed their legal sex, these requirements are
unattainable for most homeless trans people due to extensive costs and
administrative requirements. Calling this situation a clear
case of discrimination disguised as administrative regulations, ASTT(e)Q
highlight that trans women are left with no alternatives, as men’s shelters are
clearly not an option; and find themselves on the streets in -30 degrees
Celsius temperatures. In the context of such extreme temperatures, ASTT(e)Q
urges all shelters to immediately remove barriers to admission for trans people
based on the legal documentation in their possession and/or their surgical
status. More broadly, the organisation demands shelters, as well as other
gender specific services, be made available according to one’s social identity
rather than according to their legal or surgical status and encourage
organisations across Québec to work in collaboration with trans community
groups to ensure that trans people are no longer denied access.
Source: Le Journal de Montreal, 25 January 2013; Sketchy Thoughts, 25 January
2013
* EUROPEAN PARLIAMENT / Women’s Committee highlight migrant women’s
housing concerns
A draft opinion by the Committee on Women’s Rights and Gender Equality (FEMM),
calls on the Committee of Employment and Social Affairs (EMPLOY) to incorporate
several key gender considerations in its forthcoming motion for a resolution on
social housing in the European Union. The FEMM Committee underlines concerns
that victims of domestic violence are often more likely to stay in an abusive
environment due to financial barriers to obtain suitable housing; and calls on
the EU to promote policies and programmes that increase access to safe and
affordable housing for domestic violence victims. Making explicit reference to
‘migrant women’ as a group particularly affected by the lack of social housing,
the opinion urges EU member states to invest in social housing and to provide
them with a ‘stable and secure environment’. Furthermore, the Committee calls
on member States to carry out gender-based analysis as part of all housing
policies and
programmes; and ascertain exactly how housing policies can support women.
Source: Committee on Women’s Rights and Gender Equality, Draft opinion for the
Committee on Employment and Social Affairs on social housing in the European
Union (2012/2293(INI))
* USA / New version of ‘Violence Against Women Act’ reduces protections
of undocumented
The Violence Against Women Reauthorisation Act was reintroduced by U.S. Senate
Judiciary Committee on 22 January 2013, the first day that bills can be
introduced in the Senate in the new 113th Congress. Committee Chairman Patrick
Leahy stated this ‘life-saving legislation’ should be a top priority of the new
Congress, underlying his hopes hope that the Senate will act quickly to pass
this strong, bipartisan bill to help all victims of domestic and sexual
violence. Throughout 2012, House Republicans blocked the third reauthorisation
of the 1994 legislation due to the increased number of visas for undocumented
victims of domestic violence, its extension of tribal authority over nontribe
members who abuse their American Indian partners, and its establishment of
protections for gay and lesbian victims of domestic violence. However, their
main objection was procedural; namely, that the bill should have originated in
the House, not the Senate. The new 2013
version of the bill seeks to resolve the Republicans’ objections by removing
the increase of special visas for undocumented immigrant victims of domestic
violence, visas which enable victims to prosecute their attackers without fear
that their lack of legal status can be used to deport them. There is a cap of
10,000 of these "U visas" a year, and the government consistently hits the cap.
Source: Mother Jones, 23 January 2013
* FILM / “Au Pair” Filipino women working as au pairs in Denmark
A new film entitled “Au Pair” follows three young Filipino women, Roselie, Mate
and Theresa, who work as au pairs in Denmark in order to earn money for their
families. It provides a vital insight into the daily struggle they face due to
insecure employment contracts, visas that are about to expire, family
separation and prejudice towards foreigners. In the midst of relationships
which are frequently based on abuse, however, the women have no choice but to
work as much as possible and hope that everything goes well. In a context of
growing reliance upon migrant women to fulfil urgent labour needs within the
EU, this film reveals urgent problems regarding their nominal salaries and
exclusion from fundamental protections such as legislation governing working
hours. The film has provoked much debate within Nordic countries regarding the
increasing exploitation of migrant women within the homes of the welfare state.
More information here.
* FILM / Women’s Experience of Irregular Migration from El Salvador to
the USA
The film ‘Maria in Nobody’s Land’ covers the journey of three Salvadoran women
to the United States, through Mexican territory. Doña Inés, a 60 year old
woman, has been looking for her daughter for five years and is following the
same route her daughter took while crossing Mexico en route to America. Marta
and Sandra, tired of the violence from their husbands and wanting to overcome
poverty, decide to leave their families behind to travel to America - with only
thirty dollars in their pockets. During their harrowing journey, the three
women encounter prostitution, slave trade, rape, kidnapping and even death, in
an unwavering quest for a better life. More information here.
* WEBINAR / Immigration and Gender: An Analysis of Public Opinion and
Media Coverage
Accessible online and free of charge, this telebriefing will enable several key
speakers to present research and recommendations regarding public opinion and
media coverage of immigrant women. This session will highlight the often
overlooked challenges facing migrant women in public discourse regarding
immigration concerns. As women, they often find themselves at the intersection
of matters related to work, immigration status, family, and gender, affected by
each of these in ways that are often ignored in the policy arena. To ensure
that these concerns are included in conversations regarding immigration, it is
important to know how current discourse and public opinion treat immigrant
women, and how we can leverage existing opportunities, improve coverage, and
shape discussions. This session will offer solutions to address these concerns.
Bringing together a panel of leading experts, the webinar will also allow for
questions from the audience.Scheduled
for 13 February 2013, 19:00 – 20:00 (GMT)More information available here.
* UN / Youth Migration and Development Initiative
The United Nations is hosting an online platform for young people affected by
migration to voice their experiences. The stories and experiences shared will
help shape the 2013 World Youth Report (WYR) on Youth Migration and
Development. The initiative has also launched a four-week online, interactive
discussion platform aimed at bringing together young migrants and other young
people affected by migration to share their stories and experiences with the
UN, and each other. For further information please visit the United Nations
World Youth Report 2013 website.
Undocumented Children and Their Families
* GLOBAL / Documentary calling the US government to enact the DREAM Act
The organisation Emerson Collective has launched the “Dream is Now”, an
interactive documentary calling the US government to enact the DREAM Act, which
would give undocumented young people raised in the US the chance to obtain
citizenship. Current law provides no path for these undocumented youth to
remain in the country regularly. There are an estimated one to two million
undocumented young people living in the US who were brought there as children.
The documentary is available here.
* ITALY / Irregular children unable to register to school online
A new online registration procedure has been put in place for school
registration for 2013-2014 thus excluding undocumented children as they do not
have the Italian fiscal code number, which is required when registering online.
The Ministry of Education later clarified that undocumented children could
still register by using the old paper system. Italian immigration laws
recognize the right to education for all children, including those who are
undocumented.
Source: L’Unità, 23 January 2013
* NETHERLANDS / Report on reception of unaccompanied children
The Dutch Inspectorate for Youth Care has published a report on the reception
of unaccompanied children. The report states that reception is adequate as it
provides good supervision and there is access to and availability of
assistance. The report proposes some improvements including better access to an
independent complaint boards and improved qualitative and quantitative
indicators for measuring services in order to better evaluate the situation and
the service provision.
Source: Nederlands Jeugdinstituut, 22 January 2013
* GLOBAL / MERCOSUR report findings on child rights approach in
immigration laws
The Instituto de Políticas Públicas en Derechos Humanos del MERCOSUR (MERCOSUR
Insitute for Public Policy on Human Rights) released a report entitled “La
implementación de los Acuerdos del MERCOSUR relativos a la protección de los
derechos de niños, niñas y adolescentes migrantes. Diagnóstico y lineamientos
para la acción" (the Implementation of Mercosur agreements for the protection
of migrant Children and adolescents. Analysis and guidelines to taking action)”
The report aims at conducting a preliminary analysis of the main MERCOSUR
agreements regarding migration that affect children and adolescents. The report
finds that despite the existence of regional policy framework that protects the
rights of migrants, there is a remarkable absence of mechanisms for evaluating
its enforcement. Therefore, one of the main objectives of this report is to
provide a general assessment of the status of implementation of major
agreements in the field, in
order to have an approximation on the progress and obstacles of these
instruments. With regards to undocumented children, the report identified the
general absence of a child rights approach in the immigration laws of the
region and so the absence of adequate procedures to identify situations of
violations of human rights of this extremely vulnerable group. The report is
available here.
* SWEDEN / Swedish Red Cross urges that attention must be paid to the
poverty levels of the most vulnerable children
Writing in Svenska Dagbladet the main Swedish daily newspaper, Oscar
Fredriksson, Director of the Swedish Red Cross, draws attention to the
invisibility of asylum-seeking and undocumented children in statistics on child
poverty and urges that more attention be paid to these vulnerable groups of
children. Undocumented children have only recently been granted the right to
education and health care in Sweden, as a result of prolonged and concerted
advocacy efforts (see PICUM Bulletins 11 July 2012 and 7 November 2012).
Furthermore, Mr. Fredriksson commented on their continued vulnerability on
several levels, particularly those who have experienced war, torture or other
trauma. His remarks came during a debate over child poverty in Sweden, in which
he called for inequalities in Sweden to be addressed immediately.
Source: Svenska Dagbladet, 17 January 2013; Rosengrenska Web blog, 17 January
2013
* UK / New Blog written by Undocumented Migrant Families and Young
People
A new blog, entitled “Life Without Papers”, has been launched to tell the real
stories of undocumented migrant families and young people in the UK, and to
give visibility to these unheard stories. Commissioned by Unbound Philanthropy
and the Paul Hamlyn Foundation, the blog is designed to tell the stories of
undocumented migrant families and young people in their own words, highlighting
their daily struggles and vulnerabilities, and in doing so, revealing their
remarkable strength and resilience. The blog highlights that half of the
120,000 estimated undocumented children in the UK were born in the UK to
undocumented parents. It continues to note that these children are
disadvantaged from birth, solely due to their migration status. The blog is
written by photographer and writer, Len Grant, who has been introduced to the
protagonists of these stories through organisations and charities that work
with undocumented migrants. Click here to visit the
Blog page.
* USA / Documentary on Undocumented teenager nominated for Oscar Award
The 40 minutes long film “Inocente” has been nominated for an Oscar in the
Short Documentary Category. The documentary shows the fifteen-year-old Inocente
Izucar’s life in San Diego as an undocumented migrant facing issues such as
homelessness, deportation, domestic violence and suicide. The movie was made by
Sean Fine and Andrea Nix Fine. They hope it would serve as an educational
material for museums, libraries and workshops.
Source: Colorlines, 14 January 2013
* PICUM / EVENT / International conference on undocumented children
with their families
PICUM will hold an international conference on Tuesday 26 February 2013, in
Brussels, entitled “Children First and Foremost: Realising the rights of
children and families in an irregular migration situation”. This international
conference seeks to consolidate both PICUM’s work on undocumented children and
PICUM’s two-year capacity-building project entitled “Building Strategies to
Improve the Protection of Undocumented Children in Europe.” The conference will
highlight the difficulties undocumented children face in accessing rights such
as education, health care and housing, and the good practice strategies that
have been developed to surmount the practical and administrative barriers to
accessing rights. This will also be an opportunity for PICUM to present the
project’s final publication, a guide on realising the rights of undocumented
children in Europe. Intended for civil society advocates, front-line
organisations, public officials,
policy makers, professionals and social service providers, this event will
guarantee a rich participation of experts and professionals working with
undocumented children. The event is open to the public. The deadline for
registration is 18 February 2013, click here to register. Visit the PICUM
website for further information.
Detention and Deportation
* FRANCE / Children in detention in France
Two new cases of children being detained have been denounced by associations at
the beginning of January 2013. An Armenian family (grandparents, mother and two
children aged 6 months and 2 years) was arrested and detained in the Metz
detention centre, in the absence of the father. Another family was also
detained in the Metz detention centre, despite their agreement to voluntary
repatriation. According to the associations’ report, in 2010, 351 children were
detained with their parents in metropolitan France. For the last six months,
following the government’s 6th of July 2012 Circular requiring the house arrest
rather than the detention of undocumented families with children, associations
have reported only three official cases of detention and 60 official cases of
house arrests of families. The circular does not apply to Mayotte however.
Source: La Liberation, 11 January 2013
* GREECE / Detainees’ right prevails absconding charges
On 11 January 2013, the Criminal Court of First Instance of Igoumenitsa,
Greece, made public (by making available online) the judgment that declared
that several detainees who had escaped from Thesprotia Police headquarters,
were innocent of the charges brought against them for irregular entry on Greek
territory and/or use of fraudulent identity documents after having escaped
from Police Headquarters where they had been detained for a period ranging from
nine to 45 days. They were later arrested and charged with escaping under the
Greek Criminal Code but the judge ruled that their actions constituted a
legitimate defence given the “deplorable” conditions of their detention. The
court found that the Igoumenista authorities had breached Article 3
(prohibition of torture, inhumane and degrading treatment or punishment),
Article 8 (right to private and family life) and Article 13 (right to an
effective remedy) of the European Convention of Human
Rights in view of both the detention conditions, and their unlawful pre-charge
detention in a police station. The decision (only in Greek) is available here.
Source: La Revue des Droits de l’Homme, 15 January 2013; Infomobile, 26 January
2013
* ITALY – GREECE / Human Rights Watch published a report on summary
returns of unaccompanied children and adult asylum seekers from Italy to Greece
The report, “Turned Away: Summary Returns of Unaccompanied Migrant Children and
Adult Asylum Seekers from Italy to Greece,” documents how Italy is summarily
returning migrants to Greece, failing to fulfil Italy’s legal obligations to
adequately screen whether people are in need of protection and determine their
best interest. Human Rights Watch has found that contrary to Italian and
international law, the Italian border police at the Adriatic ports of Ancona,
Bari, Brindisi and Venice hinder adults from lodging asylum claims, and deny
providing access to social services for unaccompanied children by sending them
back to Greece where they are vulnerable to abusive detention conditions,
hostile xenophobic violence and a dysfunctional asylum system. Additionally,
Italy continues its returns to Greece despite the European court ruling that
barred returns to the country of entry under the Dublin II Regulation. Please
find the full publication here.
* ITALY / Rioting: an act of legitimate defence
A judgment of the Court of Crotone, found detainees innocent of the charges
that were brought against them by the local authorities following rioting in a
detention centre in the Island of Capo Rizzuto. The Court ruled, on 12 December
2012, that the actions of detained migrants in opposing their detention
conditions were legitimate, in that they were responding to acts of legitimate
defence and protest against their unlawfully-prolonged detention. The Court’s
reasoning was based on articles 15 and 16 of the EU Returns Directive which
provides that detention of migrants is allowed only where certain specific
conditions are met and only for a short period and as long as removal
arrangements are in progress. The Court also referred to the degrading
conditions in the detention facility as “injurious to human dignity” and
therefore in violation of Article 3 of the European Convention of Human Rights.
Source: Diritto Penale Contemporaneo, 7 January 2013; ASGI, 3 December 2012
* SLOVAKIA / Open letter to the Minister on administrative detention of
foreigners
The Human Rights League from Slovakia sent a letter to the Minister of Interior
regarding the Government’s decision to exclude the provision of legal aid to
foreigners in administrative detention from the activities financed by the
European Return Fund. There is no other public funding at national level to
provide legal aid to people held in detention in Slovakia. The letter states
that, as of 1 January 2012, the Slovak Republic is in breach of its
international obligations resulting from the Articles 5 and 13 of the
Convention on the Protection of Human Rights and Fundamental Freedoms, as well
as binding European legislation, mainly the Directive 2008/155/EC, the
so-called ‘Returns Directive.’ For further information (in Slovak) and to
access the letter to the Minister (in English) please click here.
Source: Human Rights League, 16 January 2013
* UK / Recurring disturbances in Morton Hall detention centre
Detainees, NGOs and detention officers expressed their concern over the
immigration detention centre in Lincolnshire following the two major
disturbances over the Christmas period that resulted in several injuries. The
problem seems to be on-going in the geographically-isolated male detention
centre as eighteen men from Afghanistan protested against plans to deport them
to their countries of origin by beginning a hunger strike in September 2012.
Additionally, two rooftop protests have taken place at the detention centre in
July 2012. The conflict was triggered this time by the sustained lack of warm
food and water for several days and also the retention of money sent to
detainees from friends or relatives. Kate Blagojevic from the Detention Action
campaign group explained that tensions have been high at Morton Hall because
detainees are held there for months, or even years before deportation and their
mental and physical health deteriorates rapidly by
not knowing how long they will be locked up for. Furthermore, the centre’s
location, poses an additional difficulty to access legal representation or the
supporting NGO network, or to even receive visitors.
Source: The Guardian, 6 January 2013
Publications and other Resources
* FRANCE / Little Guide to Understanding European Migratory Policies
The French organisation La Cimade has released a guide entitled “Petit guide
pour comprendre les politiques migratoires européennes” (Little guide to
understanding European migration policy). The guide offers information on
various issues related to migration such as Schengen area, Frontex, The Dublin
Treaty, etc… The report (in French) can be accessed here.
* ITALY / BOOK / Rights denied to migrants
“Senza distinzioni” (Without Discriminations) is a new book by Alberto Guariso,
President of the Association Avvocati per niente (Lawyers for Nothing), which
analyses 50 rulings from the past four years that have supported ending
discrimination against migrants. The cases come largely from the North of
Italy. Of these, some cases focused on the rights of undocumented migrants,
such as the case of 2008 which concerned the enrolment of children of
undocumented migrants into Italian schools. The book is sponsored by CGIL and
UNAR. According to the research, in 99% of the cases, those who report
discrimination to the justice system obtained a ruling in their favour, but
often such rulings were not implemented.
Source: La Repubblica, 9 January 2013
* SPAIN / Report on migration flows from APDHA
The organisation Asociación Pro Derechos Humanos de Andalucía (APDHA), a PICUM
member, has released its annual report “Balance de los flujos migratorios 2012”
(Assessment of migration flows in 2012). In the press release presenting the
assessment, members of APDHA highlighted that an increasing number of migrants
were entering through Melilla, partially due to Melilla´s proximity to the
Algerian border. Moroccan organisations say that this port is frequently
favoured by migrants, and say that as a result, more than 2,000 people are left
behind in the desert. The press release also drew attention to the EU concerns
about increasing border control, externalising migration flow management and
placing detention at the very core of migration management. Besides this,
APDHA criticized the EUR 50 million that the EU has allocated to external
surveillance, the maintenance of migrant detention centres and to forced
returns, as well as claiming that the
number of migrants that died when attempting to reach the Spanish territory
had increased from 138 in 2010, then 198 in 2011 and 225 in 2012. Click here to
view the Annual Report.
Source: Asociación Pro Derechos Humanos de Andalucía, 23 January 2012
Other News
* GLOBAL / Puzzled by Policy: a new tool to visualize views on migration
In the framework of the project funded by the European Commission under the
Competitiveness and Innovation Framework Programme (CIP) – ICT Policy Support
Programme (ICT PSP), led by the Digital Enterprise Research Institute (DERI) at
NUI Galway, have initiated a new platform that allows users to graphically
compare their views on immigration with national and EU immigration policies,
as well as with the opinions of relevant stakeholders. To find out more on this
project click here.
* EVENT / Initiative against fascism and violence against migrants
The group l'Initiative de Solidarité avec la Grèce (Initiative for Solidarity
towards Greece) conducted an action in front of the Commission's headquarters,
in Brussels, in support of the pan-European Day Against Fascism, held on 19
January 2013. The action sought to draw attention to the rise of racism and
xenophobia in Greece. As part of the action, key workers at the Commission
were asked their opinions about the existing link between austerity and
fascism. The action also drew attention to the rising hostility and violence
against migrants in the country and to the fact that the Government uses
migrants as scapegoats for the economic crisis. Participants in the action
remembered the murder of a 26 year old undocumented migrant from Pakistan, who
was stabbed in Athens on 17 January 2013. The video of the initiative is
available here.
Source: L'Initiative de Solidarité avec la Grèce website; L’initiative des
étudiants et travailleurs grecs à Paris, 18 January 2013
* ONLINE COURSE / Migration and Asylum
As part of Human Rights Education Association's certificate program on
Migration & Asylum, two courses are upcoming: Migration and Asylum (Foundation
Course) and EU Migration and Asylum Law and Policies from 13 February-26 March
2013. Visit the HREA website to find out more.
PICUM is a non-governmental organisation (NGO) that aims to promote respect for
the human rights of undocumented migrants within Europe.
PICUM's bulletin is currently the only information source dedicated to
exclusively reporting on the situation of undocumented migrants in Europe.
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