[colombiamigra] PICUM Bulletin 17 December 2015
- From: Elisabeth Schmidt-Hieber <elisabeth.schmidt-hieber@xxxxxxxxx>
- To: "colombiamigra@xxxxxxxxxxxxx" <colombiamigra@xxxxxxxxxxxxx>
- Date: Fri, 18 Dec 2015 09:25:42 +0000
http://picum.org/en/news/bulletins/49046/
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PICUM Bulletin — 17 December 2015
· Borders
· United Nations
· European Policy Developments
· National Developments
· Health Care
· Labour and Fair Working Conditions
· Undocumented Women
· Undocumented Children and Their Families
· Detention and Deportation
· PICUM IN THE NEWS
Borders
· COURT OF JUSTICE OF THE EUROPEAN UNION / Lawful for the United
Kingdom and Ireland to not participate in the Schengen acquis relating to the
crossing of external
borders<http://picum.org/en/news/bulletins/49046#news_49010>
In its
judgment<http://curia.europa.eu/juris/document/document.jsf?text=&docid=167062&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=187210&utm_source=Weekly+Legal+Update&utm_campaign=2e0a6c6561-WLU_11_09_2015&utm_medium=email&utm_term=0_7176f0fc3d-2e0a6c6561-422285361>
on Case C-44/14 Spain v. European Parliament and Council of the European
Union, issued on 8 September 2015, the Court of Justice of the European Union
(CJEU) ruled that it is lawful for the United Kingdom and Ireland to
participate only in a limited way to the Schengen acquis on external border
controls. The United Kingdom and Ireland do not participate in the Schengen
acquis relating to the crossing of external borders, in line with Articles 4
and 5 of the Schengen
Protocol<http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:310:0348:0350:EN:PDF&utm_source=Weekly+Legal+Update&utm_campaign=2e0a6c6561-WLU_11_09_2015&utm_medium=email&utm_term=0_7176f0fc3d-2e0a6c6561-422285361>.
This means that the United Kingdom and Ireland have border controls for people
from the Schengen area and third country nationals alike. However, Ireland and
the United Kingdom take part in the Eurosur Regulation No.
1052/2013<http://frontex.europa.eu/assets/Legal_basis/Eurosur_Regulation_2013.pdf?utm_source=Weekly+Legal+Update&utm_campaign=2e0a6c6561-WLU_11_09_2015&utm_medium=email&utm_term=0_7176f0fc3d-2e0a6c6561-422285361>,
in line with its Article 19, through multilateral cooperation agreements which
need not be authorised by the Council. Spain brought an action to annul this
provision for infringement of the Schengen Protocol on the basis that the
United Kingdom and Ireland should not take part in the development of an area
of the Schengen acquis which they have not accepted. The Court dismissed
Spain’s action, arguing that it is lawful for the UK and Ireland to participate
in a limited way to the Schengen acquis on external border controls. The full
judgment is available
here<http://curia.europa.eu/juris/document/document.jsf?text=&docid=167062&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=187210&utm_source=Weekly+Legal+Update&utm_campaign=2e0a6c6561-WLU_11_09_2015&utm_medium=email&utm_term=0_7176f0fc3d-2e0a6c6561-422285361>.
· EUROPEAN COMMISSION / “State of play” of measures taken to address
the situation at the external borders of the
EU<http://picum.org/en/news/bulletins/49046#news_49011>
The European Commission issued, on 30 November 2015, a
document<http://europa.eu/rapid/press-release_IP-15-6134_en.htm?locale=en>
outlining the state of play of measures taken to “address the refugee crisis”.
The document includes a list of actions endorsed by the informal meeting of
Heads of State and Government on 23 September 2015 and again 15 October 2015
and reiterates the EU’s commitment to boost financial resources devoted to the
crisis by €1.7 billion, resulting in a €9.2 billion total for 2015 and 2016.
The European Commission also encourages member states to implement the EU
Action Plan on
Return<http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/proposal-implementation-package/docs/communication_from_the_ec_to_ep_and_council_-_eu_action_plan_on_return_en.pdf>
proposed by the Commission and endorsed by Member States at the October 2015
the Justice and Home Affairs Council. The full document is available
here<http://europa.eu/rapid/press-release_IP-15-6134_en.htm?locale=en>.
Source: European Commission Press
Release<http://europa.eu/rapid/press-release_IP-15-6134_en.htm?locale=en>, 30
November 2015
· GREECE / Rising tensions at border between Greece and Former Yugoslav
Republic of Macedonia<http://picum.org/en/news/bulletins/49046#news_49012>
The United Nations Refugee Agency (UNHCR) expressed concern about the tension
and violence at the border between Greece and the Former Yugoslav Republic of
Macedonia in a statement on 3 December 2015. According to reports, only Iraqis,
Syrians and Afghans are being allowed to cross the Greek-Macedonian border, now
separated by a 59-Km border fence. Due to these restrictions, tensions have
been rising at Idomeni, on the Greek side of the border. These tensions have
led to violence and a temporary closure of the border. A 20-year old man was
electrocuted after touching railway cables. To address the situation,
transportation has been made available for the refugees and migrants who have
been refused admission into the Former Yugoslav Republic of Macedonia to return
to Athens. According to the Ministry of Interior all those who will not
introduce an asylum claim within 30 days will be deported to their country of
origin.
Source: UNCHR Greece Press Review, 25 November; 3 and 4 December 2015; UNCHR
press release<http://www.unhcr.org/566049446.html>, 3 December 2015; ECRE
Weekly
Bulletin<http://us1.campaign-archive1.com/?u=8e3ebd297b1510becc6d6d690&id=a3478f0e52&e=e0cdb0e51a#BALKANS>,
11 December 2015
United Nations
· GLOBAL / Experts call for access to services for all migrants ahead
of International Migrants’
Day<http://picum.org/en/news/bulletins/49046#news_49013>
Ahead of International Migrants’ Day on 18 December 2015, several United
Nations experts have called on governments across the world to guarantee access
to services for all migrants, regardless of residence status. In a statement on
15 December 2015, the Special Rapporteur on the human rights of migrants,
Francois Crepeau, and the Chair of the Committee on the Protection of the
Rights of Migrant Workers and Members of Their Families, Francisco Carrión
Mena, called on governments to establish a ‘firewall’ between access to
services and immigration enforcement. The statement is available in UN
languages
here<http://www.ohchr.org/EN/NewsEvents/Pages/newssearch.aspx?MID=Committ_Migrants>.
The UN Special Rapporteur on the human rights of migrants together with the
International Detention Coalition (IDC) and the support of a group of
non-government organisations also organises a webinar on 18 December. The
initiative entitled ‘Talk Migrants’ also includes a series of
visuals<https://www.flickr.com/photos/137550013@N03/> and
videos<https://vimeo.com/migrantrights> on migrants’ rights. Participants of
the webinar can engage in the conversation on what migrants’ rights mean to
them. To register for the webinar, click
here<https://attendee.gotowebinar.com/register/3759795775452230914>. For more
information on the initiative, click here<http://talkmigrantrights.org/>.
Meanwhile, civil society organisations also organised several actions to
celebrate International Migrants’ Day. The Platform for International
Cooperation on Undocumented Migrants (PICUM) organised a week-long action where
members and partners submitted photos highlighting their key demands and
concerns on poster messages. To view the photos, click
here<https://www.flickr.com/photos/56975027@N05/albums/72157662339199556>.
European Policy Developments
· COUNCIL OF EUROPE / Commissioner Muižnieks submits written
observations to European Court of Human Rights on migration cases concerning
Spain<http://picum.org/en/news/bulletins/49046#news_49014>
Commissioner Muižnieks submitted, on 12 November 2015, written observations to
the European Court of Human Rights (ECtHR) in relation to two complaints
concerning cases of alleged pushbacks of migrants from Melilla (Spain) to
Morocco. In the written observations, based on his previous visit to Melilla
carried out in January 2015, Commissioner Muižnieks highlights the existence of
an established practice of summary forced returns of migrants who attempt to
enter Melilla by climbing the fence which is surrounding the city. The
Commissioner pointed out that deportations are carried out in the absence of
any formal procedure and without an individual assessment and identification of
the persons concerned.
Source: Council of
Europe<http://www.coe.int/en/web/commissioner/-/commissioner-muiznieks-intervenes-before-the-european-court-of-human-rights-on-migration-cases-concerning-spain>,
12 November 2015
· COUNCIL OF EUROPE / Human Right’s Commissioner concerned over Hungary
migration issues<http://picum.org/en/news/bulletins/49046#news_49015>
After a three-day visit to Hungary, Nils Muiznieks, the Council of Europe’s
human rights commissioner, released a statement on 27 November 2015 expressing
his deep concerns over the country’s response to 400,000 people arriving at its
borders in 2015 in search of international protection. Hungary introduced an
accelerated asylum procedure lacking safeguards; authorities constructed a
razor-wire fence at the Serbian and then at the Croatian borders and the
country established offences related to irregular crossing of the border fence.
Nils Muiznieks notes that the recent measures implemented make access to
protection ‘extremely difficult and unjustifiably criminalise immigrants’.
Muiznieks called for a review of the immigration and asylum legislation.
Finally, the commissioner criticised the systematic criminalisation of migrants
and stated that political leaders “should refrain from using xenophobic
rhetoric linking migrants to social problems or security risks, thereby making
the integration of the few migrants staying in the country even more
problematic.”
Source:
Dailynewshungary<http://dailynewshungary.com/the-council-of-europes-human-rights-commissioner-expresses-concern-over-hungary-migration-measures/>,
28 November 2015;
CoE<http://www.coe.int/be/web/commissioner/-/hungary-s-response-to-refugee-challenge-falls-short-on-human-rights?redirect=http://www.coe.int/be/web/commissioner/home?p_p_id=101_INSTANCE_iFWYWFoeqhvQ&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=4>,
27 November 2015
· EUROPEAN COMMISSION / Adoption of work programme for
2016<http://picum.org/en/news/bulletins/49046#news_49016>
The European Commission adopted, on 27 October 2015, its 2016 Work
Programm<http://ec.europa.eu/atwork/pdf/cwp_2016_en.pdf>e. While maintaining a
strong focus on “tackling people smuggling and dismantling human trafficker
groups” and on “returning more people who are not in need of international
protection”, the work programme includes proposals for developing new
initiatives concerning channels for regular migration. In 2016, the European
Commission plans initiatives on 'Better Migration Management', which include
the development of a Commission Communication and further legislative measures
on channels for regular migration, including the extension of the 'Blue Card'
approach and a proposal for a structured system on resettlement of refugees
coupled with a revision of the Dublin system on asylum. The Work Programme also
includes new initiatives on 'Border Management', with the aim of progressing
towards a European Border and Coast Guard building on a “significantly
reinforced Frontex”. The full European Commission 2016 Work Programme is
available here<http://ec.europa.eu/atwork/key-documents/index_en.htm>. Modified
proposals<http://ec.europa.eu/smart-regulation/roadmaps/docs/2016_home_001_revision_smart_borders_en.pdf>
for the 'EU Smart Borders Package' will also be presented by the Commission in
2016.
· EU / Study on smuggling of
migrants<http://picum.org/en/news/bulletins/49046#news_49017>
A study on the smuggling of migrants, carried out by Optimity Advisors, the
International Centre for Migration Policy Development (ICMPD) and the European
Council of Refugees and Exiles (ECRE) and commissioned by the European
Commission’s DG Migration and Home Affairs was published in September 2015. The
study entitled “A Study on Smuggling of Migrants: Characteristics, responses
and cooperation with third counties” offers a systematic review of existing
policies against smuggling and a comparative assessment of practices in various
parts of the world where smuggling of migrants takes place. Key findings
include that there is an active market for migrant smuggling services; there
are strong communication networks including through the use of social media and
smart phones; and that the business model for the supply of smuggling services
is network based. Groups or “cells” of actors/facilitators communicate to
enable movement of people from one country to another, from source to
destination. To read the study, click here.
<http://www.emnbelgium.be/publication/study-smuggling-migrants-characteristics-responses-and-cooperation-third-countries-emn>
· EU-TURKEY / Heads of state or government agree on close cooperation
on migration management<http://picum.org/en/news/bulletins/49046#news_49018>
EU heads of states or government held, on 29 November 2015, a meeting with
Turkey’s government to further develop EU-Turkey relations and to discuss
issues relating to migration management. The summit concluded with a joint
statement<http://europa.eu/rapid/press-release_STATEMENT-15-6194_en.htm>
detailing bilateral commitments and proposed actions in several areas. In
particular, Turkey and the EU agreed to activate and implement the Joint Action
Plan<http://ec.europa.eu/priorities/migration/docs/20151016-eu-revised-draft-action-plan_en.pdf>
approved on 15 October 2015 to step up their cooperation on deporting migrants
who are not in need of international protection, preventing travel to Turkey
and the European Union, ensuring the application of the established bilateral
readmission provisions. Both sides underlined their shared commitment to take
“decisive and swift action” to contrast criminal smuggling networks. In
exchange, EU leaders pledged to provide an “initial” €3 billion to Turkey to
support the country in migration management. EU and Turkey leaders also agreed
that the EU-Turkey readmission
agreement<http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=uriserv:OJ.L_.2014.134.01.0003.01.ENG>
will become fully applicable from June 2016 and, once the requirements of the
Roadmap<http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/docs/20131216-roadmap_towards_the_visa-free_regime_with_turkey_en.pdf>
are met, to complete the visa liberalisation process by lifting visa
requirements for Turkish citizens in the Schengen zone by October 2016.
Source: European Council Press
Release<http://www.consilium.europa.eu/en/press/press-releases/2015/11/29-eu-turkey-meeting-statement/>,
29 November 2015
· EUROPEAN PARLIAMENT / Study on human rights of
migrants<http://picum.org/en/news/bulletins/49046#news_49019>
The European Parliament published a study, entitled “Migrants in the
Mediterranean: Protecting Human Rights” on 29 October 2015 which evaluates
existing and planned EU policies aimed at protecting migrants’ rights before
entering the EU or after having left EU territory. The study highlights that
current policies are mainly focused on deportation of irregular migrants
instead of primarily focusing on protecting their human rights and saving their
lives. General recommendations include, among others, to address root causes of
migration and to create more regular channels for migrants to enter the EU. To
read the study, click
here<http://www.europarl.europa.eu/RegData/etudes/STUD/2015/535005/EXPO_STU(2015)535005_EN.pdf>.
· EUROPEAN PARLIAMENT / EU internal and external funding related to its
migration and asylum policy<http://picum.org/en/news/bulletins/49046#news_49020>
The Committee on Civil Liberties, Justice and Home Affairs of the European
Parliament published a Working
Document<http://www.statewatch.org/news/2015/nov/ep-working-document-int-sec-refugees.pdf>
on EU internal and external funding related to its migration and asylum policy
on 18 November 2015. To achieve objectives of member states and third countries
in the area of regular migration, irregular migration, return, asylum, visa
policy, border management and integration, funding has been entrusted to a
number of programmes that are managed by several Directorates General of the
European Commission (‘DGs’) as well as by other EU bodies such as the European
External Action Service (‘EEAS’), depending on their areas of competence. The
document highlights that it is difficult to depict the different shares of
funds that are available in the area of migration and asylum and how they are
used because of the fragmentation of budget lines and budget responsibilities
indicated above. An overview of the available EU thematic funds and instruments
and their geographical scope are listed according to “migration priorities” in
the tables annexed in the end of the document. The paper also outlines issues,
such as the lack of a comprehensive common approach to migration, as well as
recommendations concerning the allocation of funds. These include, among
others, the recommendation to EU member states and the European Commission “to
fund projects managed by civil society organisations working in the areas of
migration, integration and asylum” and to invest further “in developing legal
migration channels and supporting integration of migrants in the EU”.
Sources:
Statewatch<http://www.statewatch.org/news/2015/nov/ep-working-document-int-sec-refugees.pdf>,
November 2015; European Commission Press
Release<http://europa.eu/rapid/press-release_IP-15-6134_en.htm>, November 2015
National Developments
· FRANCE / Administrative Court in Lille orders interim relief measures
to improve conditions in
Calais<http://picum.org/en/news/bulletins/49046#news_49021>
The Administrative Tribunal of Lille, in its ruling n. 1508747 of 2 November
2015, ordered the application of interim relief to ensure human dignity, the
right to respect for life, the right to freedom from inhuman or degrading
treatment and the right to asylum, for people living in the camp surrounding
the Jules Ferry centre in Calais. In particular, the judge noted that, due to
insufficient access to water and toilets, and lack of waste collection,
migrants in the camp were exposed to a risk of inhuman and degrading treatment.
The judge therefore ordered the prefect of Pas-de-Calais and the commune of
Calais to, within eight days from the ruling and with a penalty of 100 Euro per
day in the event of failure to comply with the order, install 10 additional
water points and 50 latrines, set up a trash collection system, install mobile
rubbish containers, clean the site and install one or more routes for emergency
access. The prefect of Pas-de-Calais was also ordered to identify unaccompanied
children in distress within 48 hours of the judgement, so that they could be
adequately accommodated. On 23 November 2015, the urgent applications judge
(‘juge des référés’) of the Council of State upheld the
order<http://www.conseil-etat.fr/Decisions-Avis-Publications/Decisions/Selection-des-decisions-faisant-l-objet-d-une-communication-particuliere/Ordonnance-23-novembre-2015-ministre-de-l-interieur-commune-de-Calais>
of the president of the Administrative Tribunal of Lille of 2 November 2015.
The measures ordered are thus now definitive and the public authorities are
obliged to take necessary action.
Source: European Database of Asylum
Law<http://www.asylumlawdatabase.eu/en/case-law/france-lille-administrative-tribunal-2-november-2015-no-1508747?utm_source=Weekly+Legal+Update&utm_campaign=a2f1ba1da2-WLU_06_11_2015&utm_medium=email&utm_term=0_7176f0fc3d-a2f1ba1da2-422285361#content>
(EDAL), 2 November 2015.
· GERMANY / SWEDEN / Police report that hundreds of thousands of
migrants disappeared<http://picum.org/en/news/bulletins/49046#news_49022>
Both German and Swedish police have reported that hundreds of thousands of
migrants have disappeared in their countries respectively. According to the
German federal police, nearly 25,000 people who arrived in Germany are
irregularly staying in the country without having registered with migration
authorities. The head of the police union, Rainer Wendt, told media on 27
November 2015 that the police has no resources to track these irregular
migrants and does not plan to search for them. According to Federal police, in
late November numbers of new migrants and refugees arriving in Germany
decreased to about 3,000 counted per day, compared to 6,000 to 10,000 per day
between the summer months and early November. Swedish police stated that about
14,000 irregular migrants who had been awaiting deportation have disappeared.
On 12 November, Sweden announced a 10-day temporary border control to carry out
checks of arriving refugees and migrants. In November, Sweden also introduced
new measures with the aim to control the number of incoming refugees and
migrants. The ages of children seeking asylum will be medically verified and
the right for family reunification will be strictly scrutinized.
Sources: Sputnik
News<http://sputniknews.com/europe/20151127/1030861205/germany-refugees.html>,
27 November 2015; Der
Spiegel<http://www.spiegel.de/politik/deutschland/fluechtlinge-zahl-der-einreisen-nach-deutschland-sinkt-stark-a-1065248.html>,
30 November 2015; RT
News<https://www.rt.com/news/324245-sweden-illegal-migrants-disappear/>, 2
December 2015; The
Atlantic<http://www.theatlantic.com/international/archive/2015/11/sweden-refugee-migrant-crisis/415329/>,
12 November 2015
· GERMANY / Agreement with Afghanistan to reduce irregular
migration<http://picum.org/en/news/bulletins/49046#news_49023>
German Chancellor, Angela Merkel, announced that Germany and Afghanistan will
cooperate to end irregular migration of Afghans to Germany after a meeting with
the Afghan President, Ashraf Ghani in Berlin on 2 December 2015. Angela Merkel
announced that, among other measures, German police will train Afghan security
forces in fighting smuggling, deterring irregular migration and detecting false
passports. The number of Afghan migrants arriving in Germany has been
increasing recently. In October 2015, reception centres reported a total of
31,000 Afghan migrant arrivals. Angela Merkel noted that, while those who
cooperated with German forces in Afghanistan are often in danger and should be
granted protection, others who come for economic reasons should be deported
back to Afghanistan. Germany does not consider Afghanistan a safe country of
origin but states that new 'relatively safe' zones should be defined within the
country, as zones where Afghans can live with future prospects. According to
EUROSTAT figures, Afghan nationals make up the second largest group seeking
asylum in Europe, including a large number of unaccompanied and separated
children. Although there is a high EU-wide rate of Afghans being granted
international protection of 70%, a number of EU countries such as Germany and
Sweden have become more restrictive towards Afghan asylum seekers negotiating
readmission agreements to facilitate deportation.
Sources:
N-TV<http://www.n-tv.de/politik/Afghanistan-soll-illegale-Migration-stoppen-article16485471.html>,
2 December 2015; Frankfurter Allgemeine
Zeitung<http://www.faz.net/aktuell/politik/angela-merkel-und-ghani-wollen-migration-aus-afghanistan-stoppen-13946017.html>,
3 December 2015; ECRE Weekly
Bulletin<http://us1.campaign-archive1.com/?u=8e3ebd297b1510becc6d6d690&id=a3478f0e52&e=e0cdb0e51a#AFGHANISTAN>,11
December 2015
· NETHERLANDS / Council of State rules that migrants' right to food and
shelter is not
unconditional<http://picum.org/en/news/bulletins/49046#news_49024>
The Council of State of the Netherlands, in a
decision<https://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=85929>
issued on 26 November 2015, upheld a government policy of making the provision
of food and shelter to undocumented migrants conditional on their cooperation
towards forced return. In the ruling, the Council of State asserted that the
government "has the right, when providing shelter in so-called locations of
limited freedom, to require rejected asylum-seekers to cooperate with their
departure from the Netherlands". This decision follows the collective
complaint<http://www.asylumineurope.org/news/30-06-2015/european-committee-social-rights-concludes-dutch-social-welfare-system-violates>
brought forth by the Conference of European Churches (CEC) v. the Netherlands
in 2014, in which the European Committee of Social Rights found that the Dutch
social welfare system violates the rights of irregular migrants under the
European Social Charter. In particular, as the large majority of irregular
adult migrants without resources were generally not provided with accommodation
and are denied medical assistance in legislation and practice. According to the
Committee, shelter must be provided not only to migrant children but also to
adult migrants in an irregular situation, even when they are requested to leave
the country. A summary of the Council of State of the Netherlands’ decision is
available
here<https://www.raadvanstate.nl/pers/persberichten/tekst-persbericht.html?id=794&summary_only=&category_id=8>.
The ruling also contradicts the Concluding
observations<http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G15/216/36/PDF/G1521636.pdf?OpenElement>
on the combined 19th to 21st periodic reports of the Netherlands issued by the
UN Committee on the Elimination of Racial Discrimination (CERD) on 24 September
2015, which urged the Netherlands to meet migrants' basic needs unconditionally.
Source:
Reuters<http://www.reuters.com/article/2015/11/26/us-europe-migrants-netherlands-idUSKBN0TF0S920151126#57Wrg622zSUZOSEz.97>,
26 November 2015
Health Care
· EU / Restricted access to ART for undocumented migrants is a bottle
neck to controlling the HIV
epidemic<http://picum.org/en/news/bulletins/49046#news_49025>
An article entitled ‘Restricted access to antiretroviral treatment for
undocumented migrants: a bottle neck to control the HIV epidemic in the EU/EEA’
was published in the BioMedCentral (BMC) Public Health journal (2015, 15:1228)
on 10 December 2015. Authored by Deblonde et al, the article highlights that
beyond the multiple risk factors that migrants face, undocumented migrants
incur additional risks for contracting HIV due to limited access to adequate
health care services, protection and justice, alongside insecure housing and
employment conditions. From a clinical and public health perspective, early HIV
care and treatment is associated with viral suppression, improved health
outcomes and reductions in transmission risks. Although the majority of EU/EEA
countries regard migrants as an important sub-population for their national
responses to HIV, and despite the overwhelming evidence of the individual and
public health benefits associated with HIV care and treatment, a significant
number of EU/EEA countries do not provide antiretroviral treatment to
undocumented migrants. The article concludes that, following the
recommendations of the European Union Agency for Fundamental Rights, ensuring
access to HIV-care for all sub-populations, including undocumented migrants,
would fulfil the human rights of those populations and also strengthen the
control of HIV incidence among those not currently able to access HIV care.
Read the article here<http://www.biomedcentral.com/1471-2458/15/1228>.
· EUROPE / WHO European high-level meeting on refugee and migrant
health<http://picum.org/en/news/bulletins/49046#news_49026>
Ministers of health, representatives of the health sector and representatives
of international organisations met for the World Health Organization’s (WHO)
European high-level meeting on refugee and migrant health in Rome, Italy on 23
and 24 November 2015. The aim of the meeting was to move towards a shared
understanding and approach to migrants’ and refugees’ health. Main issues
discussed were the public health and health system challenges that have
occurred in the context of increased migration. According to the WHO, nearly
two million refugees and migrants have taken shelter in Turkey, while over
700,000 have entered other countries in the European Region. Up to 5% of these
people need medical assistance, faced with health issues such as accidental
injuries, hypothermia, burns, cardiovascular events, pregnancy- and
delivery-related complications, diabetes and hypertension. Factors such as mass
population movement, water shortage and inadequate shelter and sanitation also
increase the risks for acquiring communicable diseases. A number of migrants
and refugees also suffer from mental health issues. To access background
documents of the meeting, click
here<http://www.euro.who.int/en/media-centre/events/events/2015/11/high-level-meeting-on-refugee-and-migrant-health>.
Sources: World Health
Organization<http://www.euro.who.int/en/media-centre/events/events/2015/11/high-level-meeting-on-refugee-and-migrant-health/documentation/press-announcement>,
November 2015; Lippische
Landeszeitung<http://www.lz.de/lippe/kreis_lippe/20639926_Trauma-erschwert-Integration.html>,
November 2015;
Sueddeutsche<http://www.sueddeutsche.de/gesundheit/psychiatrie-eine-herausforderung-1.2722365>,
2015;
Neweurope<http://neurope.eu/article/who-eu-need-to-adopt-a-common-strategy-on-health-care-for-refugees/>,
November 2015
· GERMANY / Foundation in Frankfurt to cover costs of health care
provision for undocumented
migrants<http://picum.org/en/news/bulletins/49046#news_49027>
The new Naviduo foundation in Frankfurt am Main, Germany, will help to cover
costs for medical treatment of undocumented migrants in the city. This was
announced by Dr. Nargess Eskandari-Grünberg, Councillor for Integration of the
City of Frankfurt on 10 December 2015. The foundation has a start-up budget of
15,000 Euro and will closely cooperate with other organisations to reach those
in need. The project is also looking for additional donations. Naviduo is a
service provider in the areas of social welfare, education, integration, asylum
and refugees. The Department of Health of the City of Frankfurt, together with
the organisation Maisha e.V., has already been providing medical consultations
for undocumented migrants.
Source: Frankfurter
Rundschau<http://www.fr-online.de/rhein-main/frankfurter-gesundheitsstiftung-hilft-menschen-ohne-papiere,1472796,32901606.html>,
10 December 2015
Labour and Fair Working Conditions
· SWITZERLAND / Petition for the effective implementation of domestic
workers convention<http://picum.org/en/news/bulletins/49046#news_49028>
The Domestic Workers Convention (No. 189) entered into force in Switzerland on
12 November 2015 after the country ratified the convention the year before. The
Swiss organisations 'Women in Development Wide Schweiz' (Switzerland) and the
national 'Platform for Undocumented Migrants' (nationale Plattform zu den
Sans-Papiers) are now calling for rapid and effective implementation of the
convention. For this reason they have launched a petition which is available in
German<http://www.sans-papiers.ch/index.php?id=327> and
French<http://www.sans-papiers.ch/index.php?id=327&L=2>. The organisations
demand, among other things, the possibility for undocumented domestic workers
to get a permit to stay and work; access to social security and labour courts
for domestic workers; and to ensure that domestic work is subject to labour law.
Source: Sans- Papiers Switzerland<http://sans-papiers.ch/index.php?id=223>,
December 2015
Undocumented Women
· USA / Migrant women surviving violence face barriers in accessing
protection<http://picum.org/en/news/bulletins/49046#news_49029>
On 25 November 2015, the annual International Day for the Elimination of
Violence against Women<http://www.un.org/en/events/endviolenceday/> renewed
awareness of the persisting barriers to protection that women experiencing
violence face. For many undocumented survivors of violence, U.S. immigration
policies represent an obstacle for accessing help. Initiatives taken in
response to violence against women, such as the Violence Against Women Act in
2014, have included undocumented women but only those that have been directly
related to a U.S. citizen or permanent resident. The U nonimmigrant status (or
U visa) offers immigration protection for victims of crime. The T nonimmigrant
status (or T visa) provides immigration protection to victims of severe forms
of trafficking in persons who assist law enforcement in the investigation and
prosecution of human trafficking cases. More information for undocumented
victims of crime in the United States is available
here<http://www.dhs.gov/immigration-options-victims-crimes>. According to
reports, only a quarter of all employment visas are given to women as principal
holders. This means that most migrant women in the employment visa category are
dependent on a spouse’s visa, without authorisation to work themselves, making
them more vulnerable to endure abusive relationships.
Sources:
Realitycheck<http://rhrealitycheck.org/article/2015/11/25/u-s-laws-protecting-abuse-survivors-help-women-u-s-citizens/>,
25 November 2015; U.S. Homeland
Security<http://www.dhs.gov/immigration-options-victims-crimes>, September
2015; We Belong Together
Factsheet<http://www.webelongtogether.org/sites/default/files/WBTWomenAndImmigrationFactsheet.pdf>,
December 2015
Undocumented Children and Their Families
· EU / Members of the European Parliament sign declaration on investing
in children, following adoption of
resolution<http://picum.org/en/news/bulletins/49046#news_49032>
428 Members of the European Parliament (MEPs) signed a declaration on investing
in children on 7 December 2015. The written declaration (number
0042/2015<http://www.eurochild.org/fileadmin/public/05_Library/Thematic_priorities/02_Child_Poverty/European_Union/WD_Investing_In_Children-1.pdf>)
calls upon the European Commission to introduce specific indicators on
children at risk of poverty; it also urges EU member states to use EU funding
to implement the Commission Recommendation ‘Investing in Children: Breaking the
cycle of
disadvantage<http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32013H0112>’.
A group of 11 MEPs had launched the initiative at the European Parliament to
collect signatures to support the declaration. European Parliament resolution
of 24 November 2015 on reducing inequalities with a special focus on child
poverty
(2014/2237(INI<http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2014/2237%28INI%29>),
rapporteur: Inês Cristina Zuber) was adopted in plenary by 569 votes to 77
with 49 abstentions. It recognises, among many other issues, that children and
their parents, foster parents and caregivers must be protected from
discrimination on any grounds and that children from vulnerable population
groups are more at risk of marginalisation, poverty and social exclusion; and
that migrant children are over-represented in the group at risk of poverty, and
the situation is worse for undocumented migrant children. The resolution
provides a number of conclusions and recommendations. These include: that the
Commission establishes with member states a roadmap for the implementation of
the Commission recommendation ‘Investing in children: Breaking the cycle of
disadvantage’; that Member States adopt, implement and monitor plans for
alleviating multi-dimensional child poverty, putting the focus on the intrinsic
rights of children and setting targets for reducing child poverty and social
exclusion, with an explicit focus on and prioritisation of those children
living at the highest risk of poverty; that member states develop and implement
integrated child protection systems to protect children against violence,
abuse, exploitation and neglect in such a way as to ensure that all
duty-bearers and system components work together across sectors and agencies
sharing responsibilities to form a protective and empowering environment for
all children; that member states guarantee all children access to free,
inclusive and quality public education at all ages, including early childhood
education and care, and formal and non-formal education; and that member states
guarantee universal, public, free and quality health care for all children and
their families. The declaration is available in 23 languages
here<http://www.eurochild.org/projects/investing-in-children/written-declaration-on-investing-in-children/>.
Source:
Eurochild<http://newsletter.systemat.com/display.php?M=9871&C=dfba67296fe81e87223c2e7a452bd6cb&S=794&L=4&N=293>,
7 December 2014
· EU / Handbook on European law relating to the rights of the
child<http://picum.org/en/news/bulletins/49046#news_49033>
The Fundamental Rights Agency (FRA) has released a Handbook on European law
relating to the rights of the
child<http://www.echr.coe.int/Documents/Handbook_rights_child_ENG.pdf>, jointly
prepared with the Council of Europe, to shed light on the role of European
legal standards in securing the enjoyment by children of their universal
rights. The handbook is designed for non-specialist legal professionals,
judges, public prosecutors, child protection authorities, and other
practitioners and organisations responsible for ensuring the legal protection
of the rights of the child. There is a section on non-discrimination based on
nationality and immigration status. The right to education for all children,
regardless of their nationality or immigration status is underlined in both
this section and the chapter on the right to education. Undocumented children’s
entitlements to free medical care beyond urgent medical assistance and
including primary and secondary care, as well as psychological assistance, as
well as to adequate and appropriate shelter, are also explained. There is also
a chapter dedicated to European migration and asylum law, which highlights
numerous rights of the child, including to have their rights, including the
right to private and family life, protected and their best interests weighed as
a primary consideration in all decisions affecting them, including decisions on
entry, residence and expulsion of the child and/or their family or primary
carers. The obligation to grant permission to reside and work to the parents of
an EU citizen child, in the country of their citizenship, and the right to an
effective remedy, are also reviewed. The section on detention notes EU
restrictions on the conditions and use of detention, as a measure of last
resort, and the European Court of Human Rights judgements which found
violations of the prohibition of torture and inhumane and degrading treatment,
of the right to liberty and security and of the right to private and family
life. The Committee on the Rights of the Child has provided additional
guidance<http://www2.ohchr.org/english/bodies/crc/docs/discussion2012/ReportDGDChildrenAndMigration2012.pdf>,
not included in the Handbook, that the detention of a child because of their
or their parent’s migration status constitutes a child rights violation and
always contravenes the principle of the best interests of the child. The
Handbook is available in English and French
here<http://fra.europa.eu/en/publication/2015/handbook-european-law-child-rights>.
Publication of the handbook in other EU official languages is planned for 2016.
· GLOBAL / Global campaign against unfair treatment of
children<http://picum.org/en/news/bulletins/49046#news_49034>
UNICEF has launched the global #FightUnfair Campaign which aims to engage a
community of advocates and to empower them to speak out about the most unfair
situations that children face today. Information about the campaign, including
ways to engage, can be found here<http://www.unicef.org/fightunfair>. Among the
unfair facts highlighted by the campaign is that 1 in 5 refugees and migrants
arriving in Europe is a child. At the same time, UNICEF has released a new
report entitled ‘For Every Child, a Fair Chance: The Promise of
Equity’<http://www.unicef.org/publications/index_86269.html>, laying out
UNICEF’s equity agenda. The central proposition is that giving a fair chance in
life to every child, everywhere – especially the most disadvantaged – offers
the greatest hope of breaking intergenerational cycles of inequity and poverty
in every society, and realizing universal child rights in the era of the
Sustainable Development Goals. The report outlines many of the milestones
achieved for the world’s poor and marginalized children to date, as well as
many of the remaining gaps. Migrant and refugee children are recognised as a
vulnerable and marginalised group of children. The report is available in
English, French, Spanish and Russian
here<http://www.unicef.org/publications/index_86269.html>.
· UK / NETHERLANDS / Two new reports on the best interests of children
in the context of immigration and asylum
policies<http://picum.org/en/news/bulletins/49046#news_49035>
The Law Centre Networks has released a report entitled ‘Put yourself in our
shoes: considering children's best interests in the asylum
system’<http://childrenslegalcentre.us2.list-manage.com/track/click?u=727f7cb511aa9ca211dde2fbc&id=79ecb92a85&e=0373fecb61>,
which looks at decision-making in unaccompanied children’s asylum claims,
identifies child-centred principles from international practice, and highlights
areas of good practice in the UK asylum system. Overall findings underline the
lack of opportunities for children to express their opinions, thoughts,
feelings or desires and have then duly considered; and the lack of
coordination, in particular between the asylum and care systems, necessary for
determining the welfare and protection needs of separated children. Based on
the analysis, the report makes recommendations to the Home Office, the Legal
Aid Agency, HM Courts and Tribunals Service, local authorities and lawyers to
improve the procedures for unaccompanied and separated children. The report is
available
here<http://www.childrenslegalcentre.com/userfiles/Put%20Yourself%20In%20Our%20Shoes%20-%20web.pdf>.
Defence for Children – the Netherlands has released the report ‘Families
constrained: an analysis of the best interests of the child in family migration
policies’<http://www.childrenslegalcentre.com/userfiles/Defence-for-Children-Families-constrained-an-analysis-of-the-best-interests-of-the-child-in-family-migration-policies-15-November-2015.pdf>,
looking at how the right of the child to have their best interests weighed as
a primary consideration, as established in law, is construed in family
migration policy in the Netherlands. Analysis of the ‘best interests of the
child’ in the Convention on the Rights of the Child (CRC), the European
Convention on Human Rights (ECHR) and the law of the European Union, is
accompanied by analysis of the situation in The Netherlands as illustration of
challenges encountered in giving the best interests of the child a prominent
place in family migration policy. Recommendations to the Committee on the
Rights of the Child, European Commission, and Council of Europe aim to inspire
authorities to give primary consideration to the best interests of the child in
individual family migration cases and on a macro level in policy and
legislation. The report is available in English
here<http://www.childrenslegalcentre.com/userfiles/Defence-for-Children-Families-constrained-an-analysis-of-the-best-interests-of-the-child-in-family-migration-policies-15-November-2015.pdf>
and in Dutch (with additional recommendations to the Dutch State authorities
and courts) here<http://www.defenceforchildren.nl/images/69/3860.pdf>.
Source: Migrant Children's Project
Newsletter<http://us2.campaign-archive2.com/?u=727f7cb511aa9ca211dde2fbc&id=51a4445e02&e=0373fecb61>,
November 2015
· UK / Dental X-rays inaccurate and unethical to determine
age<http://picum.org/en/news/bulletins/49046#news_49036>
The British Dental Association (BDA) has issued a clear
warning<https://www.bda.org/news-centre/latest-news-articles/Pages/Xrays-for-young-asylum-seekers-inaccurate-and-unethical.aspx>
to dentists that X-rays should not be taken or routinely used in order to help
judge the age of young asylum seekers, calling the practice ‘inaccurate’ and
‘unethical’. The BDA has consistently argued that dental x-rays are an
inaccurate method for assessing whether individuals have attained the age of 18
years, and that as the process confers no direct health benefit it is both
inappropriate and unethical.Source: Migrants’ Rights
Network<http://www.migrantsrights.org.uk/news/2015/x-rays-young-asylum-seekers-inaccurate-and-unethical?utm_source=Migrants+Rights+News&utm_campaign=8c1d186de0-MRN_News_30-11-2015&utm_medium=email&utm_term=0_1084a7080c-8c1d186de0-197824417>,
24 November 2015
· USA / No temporary injunction against policy of denying birth
certificates to some American children of undocumented
parents<http://picum.org/en/news/bulletins/49046#news_49037>
A federal judge in Texas has permitted the state to continue denying birth
certificates to US-born children of certain unauthorised immigrant parents. On
16 October 2015, US District Court Judge Robert L. Pitman declined to
temporarily block a recent state policy to refuse the issuance of birth
certificates to children of parents who present consular identification cards
(matrícula consular) as a form of identification (see also PICUM Bulletin 3
July 2015<http://picum.org/fr/actualites/bulletin/47687/>). The plaintiffs
challenge the policy in several ways, including by arguing that the inability
to obtain a birth certificate curtails their children’s privileges of US
citizenship, including access to services. As a result, the lawsuit contends,
the Texas policy violates the equal protection and due process rights of both
the children and parents. Texas has defended the policy, arguing that it is
designed to protect against identity fraud and that the matrícula is not a
secure form of identification because consulates lack the ability to verify
applicants’ identities. In weighing the opposing arguments, Judge Pitman found
the plaintiffs met the “burden for irreparable harm,” stating that “insofar as
a birth certificate is the primary means of documenting citizenship, it follows
that a citizen’s right to obtain it is as fundamental as the rights and
privileges that flow from the status it documents.” However, he also found that
Texas has a compelling interest to protect the integrity of its birth
certificates. Whether that interest is compromised by accepting Mexican
matrículas could only be determined after hearing all the evidence, the judge
concluded.
Source: Migration Policy
Institute<http://www.migrationpolicy.org/article/recent-court-rulings-block-deferred-action-programs-and-raise-questions-accessing-birthright>,
12 November 2015
Detention and Deportation
· AUSTRALIA / Senate passes bill calling for release of all children in
immigration detention<http://picum.org/en/news/bulletins/49046#news_49038>
Children in immigration detention must be released into the community under new
legislation passed by the Senate, to go before the House of Representatives.
Amendments made and passed by the Senate on the government-sponsored Migration
and Maritime Powers Amendment Bill (No. 1) mandate the release of all children
from Australian immigration detention centres, unless a court specifically
orders a child’s release is not in the public interest, impose mandatory
reporting of abuse in detention centres to the relevant independent
authorities, require all reasonable media requests for access to be granted to
detention centres, and reverse the secrecy provisions of the Australian Border
Force Act which made it an offence to disclose information in the public
interest about detention. Senator Hanson-Young, who proposed the series of
amendments, told the Senate: “It is a national shame that we have kept them
locked up, that we have effectively stolen this amount of time from their
childhood.” The House of Representatives, which is controlled by the
government, can choose to pass the new bill (with the amendments), reject it or
amend it. If the House further amends the bill, it will have to go back before
the Senate. For more information on detention and alternatives in Australia,
see
infographics<http://endchilddetention.org/australia/?utm_source=Campaign+%28minus+change.org%29&utm_campaign=c7ce836421-Campaign_FTC_Oz&utm_medium=email&utm_term=0_32930702fc-c7ce836421-85612137>
and a fact
sheet<http://endchilddetention.org/wp-content/uploads/2015/05/Fact-Sheet_ATD_OZ.pdf>
from June 2015 by the Australian Coalition to End Immigration Detention of
Children, part of the global
campaign<http://picum.org/admin/news/new/endchilddetention.org/>.
Source: The
Guardian<http://www.theguardian.com/australia-news/2015/nov/23/senate-passes-bill-calling-for-release-of-all-children-in-immigration-detention>,
23 November 2015 c.f. CRINmail 1456, 25 November 2015
· COURT OF JUSTICE OF THE EUROPEAN UNION / Return Directive does not
prohibit member states to impose a prison sentence on those violating a
re-entry ban after
deportation<http://picum.org/en/news/bulletins/49046#news_49039>
In its ruling in the Skerdjan Celaj case
(C-290/14<http://curia.europa.eu/juris/document/document.jsf?text=&docid=168941&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=831190>),
rendered on 1 October 2015, the Court of Justice of the European Union (CJEU)
clarified that the EU Return Directive must be interpreted as not, in
principle, precluding national legislation that imposes a prison sentence as a
criminal law penalty for non-EU citizens who unlawfully re-enter the country in
breach of an entry ban issued after a previous deportation. The CJEU reiterated
that the objective of the Return Directive would be undermined should the
deportation be delayed by a criminal prosecution leading to a term of
imprisonment, as ruled in the cases El
Dridi<http://curia.europa.eu/juris/liste.jsf?num=C-61/11>,
Achughbabian<http://curia.europa.eu/juris/documents.jsf?num=C-329/11>, and
Sagor<http://curia.europa.eu/juris/liste.jsf?num=C-430/11>. However, it stated
that the circumstances in the Celaj case were “clearly distinct” from those in
El Dridi and Achughbabian, as the case in Celaj did not concern a first
deportation procedure. The Court did not follow the Opinion of Advocate General
(AG)
Szpunar<http://curia.europa.eu/juris/document/document.jsf?docid=163969&mode=req&pageIndex=1&dir=&occ=first&part=1&text=&doclang=EN&cid=5389#Footnote4>,
issued in April 2015 (See PICUM Bulletin, 5 June
2015<http://picum.org/en/news/bulletins/47473/>).
Source: Court of Justice of the European Union, Press Release No
112/15<http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150112en.pdf>,
1 October 2015.
· EUROPEAN COURT OF HUMAN RIGHTS / Ruling in case of Mahamed Jama v.
Malta that detention conditions did not violate European Convention on Human
Rights<http://picum.org/en/news/bulletins/49046#news_49040>
In a judgement<http://hudoc.echr.coe.int/eng?i=001-158877> issued on 26
November 2015 concerning the case of a Somali national who entered Malta
irregularly by boat in May 2012, the European Court of Human Rights (ECtHR)
ruled that the conditions of her detention did not amount to a violation of
Article 3 of the European Convention on Human Rights (ECHR), the prohibition of
torture and inhumane or degrading treatment. The court ruled that the size of
her living space, which during the period of her detention, except for one
month, was not smaller than 5m2, did not go below the acceptable minimum
standard. The Court held that the cumulative effect of the conditions
complained of did not meet the threshold of inhumane or degrading treatment
within the meaning of Article 3 ECHR. Judge Casadavall issued a dissenting
opinion and called on Malta to ensure conditions of detention that were
compatible with human dignity. The Court found a violation of Article 5(4),
highlighting that the applicant did not have an effective and speedy remedy
available in domestic law in Malta. The full judgement is available
here<http://hudoc.echr.coe.int/eng?i=001-158877>.
Source: European Database of Asylum
Law<http://www.asylumlawdatabase.eu/en/content/ecthr-mahamed-jama-v-malta-no-1029013-articles-3-51f-54-26-november-2015>
(EDAL), 26 November 2015
· MEXICO / Government prohibits immigration detention of
children<http://picum.org/en/news/bulletins/49046#news_49041>
The Mexican government introduced a prohibition of immigration detention of
children in the official regulations for the National Child Rights Law on 2
December 2015. Article 111 of the law states that at no time will migrant
children or adolescents, regardless of whether or not they are travelling with
adults, be deprived of their freedom in immigration stations or in any other
immigration detention centre. Article 111 also explicitly requires that Mexico
adopts and implements mechanisms to prevent children accompanied by their
parents or guardians from being detained for immigration purposes. In June
2015, the United Nations Committee on the Rights of the Child (CRC) expressed
concern about child detention in Mexico as part of its Concluding observations
on the combined 4th and 5th periodic reports of
Mexico<https://www.crin.org/en/library/un-regional-documentation/concluding-observations-69ths-mexico-combined-fourth-and-fifth>.
Source: International Detention
Coalition<http://idcoalition.org/news/mexico-regulations-for-new-child-rights-law/>
(IDC), 5 December 2015
· TOOLKIT / Immigration detention of stateless
persons<http://picum.org/en/news/bulletins/49046#news_49042>
The European Network on Statelessness (ENS) has published a toolkit as well as
several country reports and personal stories about stateless persons in
immigration detention. The resources are part of a three-year project to map
the extent of the issue, to create advocacy tools and to train lawyers and NGOs
to protect stateless persons from arbitrary detention. The toolkit discusses
the decision to detain stateless persons, arbitrary detention, legal frameworks
and alternatives to detention. It also provides checklists for advocates
pushing for law and policy reform and for practitioners. The country reports
discuss how to protect stateless persons from immigration detention in the
Netherlands, Malta and Poland.
Source: European Network of
Statelessness<http://www.statelessness.eu/protecting-stateless-persons-from-detention>,
December 2015
PICUM IN THE NEWS
· BELGIUM / The need to address migration in relation to labour
policy<http://picum.org/en/news/bulletins/49046#news_49043>
PICUM Advocacy Officer, Kadri Soova, was interviewed by the Belgian MO Mondiaal
Nieuws about how the EU and EU member states should focus on labour policy and
labour market demands to effectively address irregular migration and the need
for more regular channels.
Source: MO Mondiaal
Nieuws<http://www.mo.be/interview/het-taboe-rond-arbeidsmigratie-moet-doorbroken-worden>,
9 December 2015
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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