[colombiamigra] Fw: PICUM Bulletin �17 March 2015
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PICUM Bulletin — 17 March 2015
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PICUM Bulletin — 17 March 2015
- Borders
- United Nations
- European Policy Developments
- National Developments
- Health Care
- Labour and Fair Working Conditions
- Undocumented Children and Their Families
- Detention and Deportation
- Events
- Other News
- PICUM IN THE NEWS
Borders
-
BULGARIA / Bulgarian-Turkish border to be extended
On 14 January 2015, the Bulgarian government approved the construction of an
additional 82 kilometres of fence at the Turkish border. The construction of
the border fence, which was initially 30 kilometres long, began in January 2014
as one of the policies adopted by the government to deter irregular entry from
Turkey (see PICUM Bulletin, 2 December 2013 and PICUM Bulletin, 15 April 2014).
In 2014, 38,500 migrants were intercepted while trying to enter Bulgarian
territory irregularly. The government stated that it was concerned by the
increase in interceptions, as the numbers doubled compared to 2013. However,
the number of migrants intercepted at the Turkish border fell from around
11,500 in 2013 to about 6,000 in 2014. The extension plan is set to cost about
46 million euro. UNHCR and several migrant rights organisations have denounced
this plan to extend the border, as it forces migrants to take more dangerous
routes into Europe and risk their lives in the process. Border officials also
regularly intercept migrants who try to irregularly cross the northern border
into Romania. On 18 February, for instance, border officials arrested and
detained 44 irregular migrants coming from Syria and Iraq, including three
children.
Sources: Hurriyet Daily News, 14 January 2015; Reuters, 14 January 2015;
Novinite, 18 February 2015
-
FRANCE / UNHCR is back in Calais
The United Nations Refugee Agency (UNHCR) is back in the city of Calais where
currently about 2,500 irregular migrants are living in makeshift camps (see
PICUM Bulletin 16 September 2014). The agency recently appointed a protection
officer who will support the installation of a new migrant centre. UNHCR was
previously present in Calais between 2009 and 2012 and works to ensure that the
Convention relating to the Status of Refugees is respected by French
authorities. The situation in Calais has also been highlighted in a recent
report from the Council of Europe’s Commissioner for Human Rights which is
available here in French and in an Amnesty International Report. On 2 January
2015, a temporary winter shelter for migrants in Calais which had opened just
one week before, on 26 December 2014, was closed because temperatures were
rising. The shelter was an industrial hangar which was heated and lit during
the night, and housed between 150 and 200 migrants every night. The director of
Solid'R, the NGO in charge of managing the shelter, declared that around 500
different migrants came to sleep in that hangar, taking turns, to leave people
to watch out for their personal belongings left in the tents.
Sources: La Voix du Nord, 25 February 2015; Le Figaro, 2 January 2015
-
MEDITERRANEAN / 1,000 migrants rescued within two days, at least 10 dead
Italy’s coastguard and navy and several cargo ships saved over 1,000 migrants
in several operations on 3 and 4 March 2015 in the Mediterranean. The migrants
were in dinghies and were rescued about 50 miles north of Libya. The Italian
coastguard also reported that it recovered the bodies of 10 migrants who had
died. More than 30 children were among those rescued and about 50 pregnant
women. The incident follows the death of at least 300 migrants who drowned
after their dinghies coming from Libya sank in the Mediterranean on 7 February
2015 (see PICUM Bulletin 18 February 2015). Many civil society organisations
have been calling for more rescue efforts. The German organisation ProAsyl
launched a petition addressed to the President of the European Parliament,
Martin Schulz, to establish safe and regular channels for migrants and refugees
and provide financial means for a European rescue mission. The petition can be
signed here.
Source: The Guardian, 4 March 2015
-
REPORT / Frontex: Number of irregular border crossings highest since 2007
In its risk analysis report covering the third quarter of 2014, the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the EU (Frontex) reports that the number of irregular
border crossings amounted to over 110,000, reaching its highest level since
2007. The report highlights that, compared to the third quarter of 2013,
detections at the external borders of the EU increased by more than 150%. The
report states that almost 90% of irregular border crossings are detected at the
sea borders of the EU. The full report is available here.
-
USA / Data suggests that irregular migrants travel longer period risking their
lives to avoid detection
The article “Structural Violence and Migrant Deaths in Southern Arizona: Data
from the Pima County Office of the Medical Examiner, 1990-2013” which has been
published by the Journal of Migration and Human Security analyzes numeric
trends and demographic characteristics of undocumented border crossers who died
in southern Arizona. The article states that despite a decrease in Border
Patrol apprehensions in the Tucson Sector, the number of deaths remains high
with an average of 163 investigated each year between 1999 and 2013. This
coincided with increased border control during the mid-to-late 1990s, which led
to a shifting of irregular migration flows into more desolate areas. The
findings suggest that migrants are being forced to travel for longer periods of
time through remote areas risking their lives and increasing the probability of
death to avoid detection by US authorities. To download the article, click here.
United Nations
-
UN / Special Rapporteur: Detention inextricably linked with ill-treatment of
children
The United Nations Special Rapporteur on torture, Juan E. Méndez, urged states
on the occasion of the presentation of his new report to the UN Human Rights
Council to adopt new alternatives to the detention of children that fulfil the
child’s best interests. He noted that within the context of administrative
immigration enforcement, the deprivation of liberty of children based on their
or their parents’ migration status is never in the best interests of the child,
exceeds the requirement of necessity, becomes grossly disproportionate and may
constitute cruel, inhuman or degrading treatment of migrant children. He
recommended that states expeditiously and completely cease the detention of
children, with or without their parents, on the basis of their immigration
status. The 28th Regular Session of the United Nations Human Rights Council is
taking place from 2 to 27 March 2015 in Geneva. To view the Special
Rapporteur’s report (A/HRC/28/68), click here.
Source: OHCHR, Press Release, 10 March 2015
European Policy Developments
-
COUNCIL OF EUROPE / Report on human rights of migrants, asylum seekers and
refugees in France
Nils Muižnieks, Commissioner for Human Rights of the Council of Europe,
published a report on 17 January 2015, following his visit to France from 22 to
26 September 2014. The report addresses the fight against intolerance and
extremism, the human rights of Roma people as well as the human rights of
migrants, asylum seekers and refugees in France. He expressed concern about the
situation in Calais, where about 2,500 irregular migrants currently live and
called on authorities to find more sustainable solutions. The Commissioner also
voiced strong concerns on the situation of undocumented children and called for
an end to the detention of children. To read the full report, click here.
-
COUNCIL OF EUROPE / REPORT / Racism and hate speech in Greece
In its fifth report on Greece, launched on 24 February 2015, the Council of
Europe European Commission on Racism and Intolerance (ECRI) highlights that,
despite the adoption, in 2014, of the new antidiscrimination law, racism,
xenophobia and violence against migrants in the country continued to increase
over the past year. ECRI highlights that hate speech against migrants in Greece
is common in both public and political discourse and recommended national
authorities to create a taskforce to develop a strategy to combat racism and
xenophobia, in cooperation with civil society, the Ombudsman and the National
Human Rights Commission. The full report, drafted on the basis of ECRI’s visit
to Greece in March 2014, is available here.
Source: Council of Europe, Press Release 24 February 2015
-
COUNCIL OF EUROPE / Committee for the Prevention of Torture monitors a Frontex
Joint Return Operation by air
The Council of Europe’s Committee for the Prevention of Torture (CPT) has
conducted its first monitoring mission of a Frontex Joint Return Operation by
air on a charter flight from Rotterdam, Netherlands, to Lagos, Nigeria. The
countries participating in the joint operation were: Bulgaria, Germany, the
Netherlands, Slovenia and Spain. The monitoring mission took place from 16 to
18 October 2013. In its final report on the monitoring mission, issued on 5
February 2015, the CPT stresses that the removal of migrants by air is becoming
a widespread practice across Europe and highlights that these operations
“entail a manifest risk of inhuman and degrading treatment (during preparation
for the removal, the actual flight or when the removal is aborted)”. The CPT
noted at some stages of the removal procedure an excessive use of physical
constraints and highlights that one of the returnees was body-cuffed from
6.10am to 3.45pm, despite being under constant and close surveillance by
escorts. Among its recommendations, the CPT stressed that an individual risk
assessment should be carried out to justify the use of physical constraints and
recommended that healthcare professionals on return flights should be equipped
with emergency tools. The CPT also stressed that the returnees should always be
prepared and informed about the removal procedure well in advance.
Source: ECRE, 13 February 2015
-
EUROPEAN COMMISSION / Introduction of main elements of the upcoming European
Agenda on Migration
First Vice-President Frans Timmermans of the European Commission together with
the Commissioner for Migration, Home Affairs and Citizenship, Dimitris
Avramopoulos, launched the key priorities of the European Commission’s work on
a comprehensive European Agenda on Migration at a press conference on 4 March
2015. For the first time, migration is an explicit priority of the European
Commission, as presented in the political guidelines of President Jean-Claude
Juncker, A New Start for Europe. All European Commissioners held a first joint
orientation debate on key actions to step up the EU's efforts in this field.
Four priorities were announced: improving the functioning of the asylum system,
protecting the EU’s borders mainly by strengthening Frontex operations,
fighting irregular migration by targeting trafficking networks and smugglers,
and improving labour migration. The new migration agenda is expected to be
published in May 2015. A video of the press conference is available here.
The President of the European Commission’s Political Guidelines are available
here.
Sources: EU Commission Press Release, 4 March 2015
-
EUROPEAN COMMISSION / Frontex operation Triton to be extended until the end of
2015
As a response to the death at sea of about 300 migrants in the Mediterranean on
13 February 2015 and after the rescue of about 3,800 migrants by the Italian
authorities the week after, the European Commission decided to increase its
assistance to Italy to deal with the situation in the Mediterranean. The
European Commission announced on 19 February 2015 that the Frontex Joint
Operation Triton will be extended until at least the end of 2015 and awarded an
amount of €13.7 million in emergency funding from the Asylum, Migration and
Integration Fund (AMIF) to Italy. The Italian Minister for Foreign Affairs,
Paolo Gentiloni, stated in an interview on 25 February 2015 that the decision
of the European Commission to prolong the Joint Operation Triton until the end
of 2015 does not constitute a sufficient response to the situation in the
Mediterranean and that he will present a formal request for Triton to be
further strengthened at the next meeting of EU Ministers of Foreign Affairs on
16 March 2015.
Sources: Farnesina, 25 February 2015; European Commission Press Release, 19
February 2015.
-
COUNCIL OF THE EUROPEAN UNION / Proposal to harmonise legislation concerning
sanctions for irregular residence
The Latvian Council Presidency of the EU is proposing to evaluate member
states’ statistics on cases of migrants who previously had a visa or residence
permit and continue to reside irregularly after its expiry or invalidation,
with a view to harmonising legislation in the area, focusing especially on the
harmonisation of sanctions to be imposed at EU level. The Presidency states its
intention to make use of data collected as part of the police operations “Mos
Maiorum”, “Perkunas” and “Mitras” in order to gather data concerning the
presence of undocumented migrants across the territories of the member states.
The Presidency also states that other sources of information will be Frontex
data, the Fundamental Rights Agency (FRA) report on "Criminalisation of
migrants in an irregular situation and of persons engaging with them”, the
results of Project CLANDESTINO, as well as a short questionnaire to be
submitted and completed by all member states regarding the situation at
national level. The document is available on Statewatch’s website
Source: Statewatch News Online, February 2015.
-
COURT OF JUSTICE OF THE EUROPEAN UNION / Opinion of Advocate General: Being
undocumented and using false documents is not automatically ‘a risk to public
order’
The Court of Justice of the European Union’s Advocate General Sharpston issued
her Opinion in Case 554/13 EU. The case concerns two undocumented migrants, Mr.
Zh and Mr. O, who were ordered to leave the Netherlands with immediate effect
on the ground that they constituted ‘a risk to public order’ in line with
Article 7(4) of the EU Return Directive. Mr. Zh was arrested while transiting
through the Netherlands, and was convicted of travelling with a false travel
document and Mr. O, who was residing in the Netherlands after the expiration of
his short visa, was arrested and detained on suspicion of domestic abuse. They
were not entitled to opt for voluntary departure within a certain time limit.
In her opinion, the Advocate General highlights that an individual assessment
must be undertaken when examining whether a third-country national constitutes
a risk to public order. However, the Advocate General also considers that if an
undocumented migrant is suspected of a criminal offence, then the authorities
do not need to wait for the legal process to be completed in order to deport
the person, as “in principle, suspicion of having committed a criminal offence
could be enough to invoke the Article 7(4) derogation”. The Opinion of the
Advocate General in Case C 554/13 is available here.
National Developments
-
BELGIUM / Belgian Immigration Office wants to enter homes of undocumented
migrants without seeking Court decision first
The Belgian Minister for Asylum and Migration, Theo Francken (N-VA), is
exploring possibilities that would allow for the immigration police to forcibly
enter the homes of undocumented migrants with the purpose of arrest and
deportation if they do not open the door voluntarily. Currently, in such cases,
the police must first apply for a permission from a judge to allow for forcible
entry. The Belgian Minister for Privacy and Fight against Social Fraud, Bart
Tommelein (Open VLD), is against the proposal as the inviolability of property
and residence is a constitutional right and can be restricted only by a judge,
as stipulated in law. The proposal is available in French and Dutch here.
Sources: De Standaard, 22 December 2014; Knack, 22 December 2014
-
FRANCE / Leader of centre right party youth group found out to be undocumented
A 27-year old man from Cameroon who was elected president of the youth
organisation of the conservative political party Union pour un Mouvement
Populaire (Union for a Popular Movement, UMP) in December 2014, is
undocumented. Stéphane Tiki arrived in France with a student visa in 2006 and
belongs to the party’s ‘hard right’ current which is most strongly opposed to
irregular migration. He tried to apply for naturalisation but was rejected and
has no residence permit. He joined the UMP party shortly after his arrival in
France to support Nicolas Sarkozy for the 2007 presidential elections and has
been active in the party ever since. After his irregular status was revealed in
early February 2015, he has been put on leave.
Source: Le Monde, 11 February 2015
-
FRANCE / Undocumented migrant awarded “Best Apprentice” prize
Armando Curri, a 19 year-old undocumented man from Albania, was awarded the
prize of “Best Apprentice Carpenter in France”. Due to his irregular status, he
has been under threat of deportation and was first uninvited to the awards
ceremony at the Senate, whose President argued that they could not welcome an
irregular migrant. The President later changed his mind stating that while the
institution should respect the laws it creates, it could nonetheless promote
apprenticeships and therefore welcome Armando Curri in the context of the
ceremony. In the meantime, the Prefect of Loire decided to repeal the
deportation decision and give Mr Curri a temporary residence permit of three
months. Many young migrants face similar situations: when they arrive in France
they are under the age of 18, and as unaccompanied children, they are brought
under the protection of the state. They start studying or training for jobs and
risk deportation as soon as they turn 18.
Sources: Le Figaro, 03 March 2015; La Dépêche du Midi, 05 March 2015
-
GREECE / Irregular migrants instrumentalised in debt negotations between Greece
and the EU
Panos Kammenos, Greece's Defence Minister and Greek Vice Interior Minister,
Giannis Panousis, stated that they would provide travel documents to enable
“hundreds of thousands of irregular migrants” to move to Germany and other
Western European countries, if the eurozone does not meet demands for bailout
payments. Several German politicians and officials reacted with outrage and
warned that Greece would be temporarily kicked out of the Schengen area or that
Schengen border controls would be re-introduced if the Greek government
continued to use the “threat” of irregular migrants. Greece has been struggling
with the arrival of large numbers of asylum seekers and migrants and severe
cuts to public spending, and has frequently been criticised for the treatment
and detention conditions and a poor functioning asylum system. Civil society
organisations across Europe have been calling for a review of the Dublin
regulation, as well as additional support to countries at Europe’s southern
borders, such as Greece.
Sources: Handelsblatt 28 February 2015; The Local, 9 March 2015; Deutsche
Presse Agentur, 9 March 2015
-
USA / New data on irregular migration population and costs of law enforcement
A study by the American Action Forum published on 6 March 2015 shows that the
US government would have to spend approximately $400 to $600 billion to
apprehend, detain, legally process and deport the estimated total of 11.2
million undocumented migrants in the US and prevent future irregular entry into
the country. This process would take about 20 years and in turn, it would
shrink the labour force by 11 million workers and reduce real GDP by $1.6
trillion, according to the study, the Center for Migration Studies of New York
(CMS) published a paper on its development of a new database that provides
detailed information on irregular migrants in the US. The report “Democratizing
Data about Unauthorized Residents in the United States: Estimates and
Public-Use Data, 2010-2013” authored by Robert Warren of the Center for
Migration Studies, gathers information and data on irregular migrants in the US
with the aim to better develop and evaluate US immigration policy and determine
the social and economic effects of irregular migration. Among others, the
report finds that the largest group of irregular migrants is in their twenties
and thirties and California and Texas are the states with the largest
populations of irregular migrants. To address the issue that a certain
percentage of irregular migrants are potentially eligible for regular migration
status, the study “Paths to Lawful Immigration Status: Results and Implications
from the PERSON Survey” found that over 14 % of those found to be eligible for
the temporary deportation relief DACA were also found to be eligible for some
other form of immigration status relief.
Sources: The Atlantic 6 March 2015; Center for Migration Studies, 4 December
2014; Center for Migration Studies, 10 December 2014
Health Care
-
EU / Major European health conference addresses undocumented migrants’ health
The Conference Report of the 17th European Health Forum Gastein "Electing
Health - The Europe We Want!", held from 1-3 October 2014, has been released.
The report includes a summary of a workshop on undocumented migrants and access
to health care organised by the Platform of International Cooperation on
Undocumented Migrants (PICUM) and entitled ‘Undocumented migrants. Walk the
public health talk: access to healthcare’. Bringing together around 600 health
professionals from government and administration, business and industry, this
was the first time that the Forum hosted a free NGO-led workshop. A 10-minute
summary video of the Forum also mentions, among other things, the need to
address the gap between health system principles (e.g. universal and preventive
care) and national laws that restrict undocumented migrants’ access, and to
promote a needs-based approach for all health service users. A press release
and cartoon about undocumented migrants’ access to health care were also
produced within the framework of the Forum.
-
POLICY BRIEF / Intimate partner violence against migrant and ethnic minority
women
The World Health Organization (WHO) has published a policy brief entitled
“Preventing and addressing intimate partner violence against migrant and ethnic
minority women: the role of the health sector”. It describes the scope of the
problem, presents key evidence and makes recommendations for health policy and
health systems, health facilities and health service providers. The policy
brief also mentions barriers undocumented women face when trying to access
health care including legal restrictions and fear of deportation. In the
context of strengthening the coordination between the health system and other
sectors, the report recommends coordination with police. This coordination,
however, must guarantee confidentiality and safety, as well as continued access
to services and must not affect women’s residence status. Moreover, health
providers should know about the legal implications of their work such as the
fact that medical reports could be used in legal proceedings. The policy brief
can be accessed here.
-
SWEDEN / Doctors of the World plans to open new dentist surgery
The organisation Doctors of the World plans to open a dentist’s surgery in
Stockholm, Sweden within their clinic which has been providing treatment free
of cost since 1995. Until recently, most of the patients consulting the clinic
have been undocumented, but since Sweden passed a law in July 2013 providing
access to health care for undocumented migrants suffering from acute illness
(“healthcare that cannot be postponed”), the clinic has mostly received EU
migrants who do not have health insurance cards. However, the clinic continues
to serve many undocumented migrants, who are denied the care they are entitled
to, for example due to different interpretations of the term “health care that
cannot be postponed”. The network of Doctors of the World provides medical care
and aims to improve access to health care for people who face numerous
vulnerability factors all over the world.
Sources: Fria Tidningen, 19 February 2015; Sveriges Radio, 4 March 2015
-
UK / NRPF Network makes case for exemption from health care charging for local
authority supported migrants
The No Recourse to Public Funds (NRPF) Network has submitted a report to the
Immigration Minister outlining the impacts of the National Health Service (NHS)
Charging Regulations upon migrants in receipt of local authority support,
providing a number of case studies. The report highlights the contradiction
between the local authority duty to support the non-exempt NRPF clients and the
absence of any such duty upon the NHS. It also looks at the similarities in the
status of non-exempt (from charges) NRPF clients and refused asylum seekers who
are exempt. Finally, it analyses the costs and benefits of charging NRPF
clients based on their typical financial situation and, of significant concern,
the fact that NHS debt may be used as a reason for refusing applications for
leave to remain. The report concludes by requesting an exemption for local
authority supported migrants in new Regulations made under the Immigration Act
2014, which would impose a new charging regime as part of the Department of
Health's Visitor & Migrant NHS Cost Recovery Programme that is currently being
implemented. As a result of civil society advocacy, these plans to extend
charging for accident and emergency care and primary services within the
Programme have been ‘deprioritised’ and will be subject to further public
consultation. Read the report here.
http://www.nrpfnetwork.org.uk/Documents/NHS-report.pdf
Sources: NRPF Network Bulletin, 27 January 2015; Migrants Rights Network, 16
February 2015
Labour and Fair Working Conditions
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GULF COUNTRIES / PUBLICATION / Persisting exploitation of migrant workers
The International Trade Union Confederation (ITUC) recently released the Gulf
Cooperation Council (GCC) legal and policy brief on domestic workers
“Facilitating Exploitation: A Review of Labour Laws for Migrant Domestic
Workers in Gulf Cooperation Council Countries”. The brief gives an overview of
the compliance with ILO Convention 189 on decent work for migrant workers in
Gulf countries. In the publication abuses of migrant domestic workers and
violations of their rights such as non-payment of wages, lack of daily and
weekly rest, physical confinement and isolation, physical and sexual abuse were
reported. To read the legal and policy brief on domestic workers, click here.
Migrant workers’ abuse in the region has been frequently reported and, for
instance in the case of Qatar, has not yet been sufficiently addressed by
governments (see PICUM Bulletin 29 January 2015). According to figures sources
by the Guardian from Nepalese authorities, Nepalese migrants building the
infrastructure to host the 2022 World Cup have died in Qatar at a rate of one
every two days in 2014. The figure does not include deaths of migrants of other
countries of origin such as India or Bangladesh. Many of the Nepalese workers
died of sudden cardiac arrest and several ones of heart attacks; 34 deaths were
recorded as workplace accidents. There are about 400,000 Nepalese workers in
Qatar among the 1.4 million migrants working on a £137bn construction spree in
the tiny Gulf state.
Sources: ILO Newsletter Migrant Domestic Workers in Focus, Issue 4, October –
December 2014; The Guardian, 23 December 2014
-
UK / Case Law Court upholds diplomatic immunity in domestic workers’
trafficking case
The UK Court of Appeal has in its judgment of 5 February 2015 in the case of
Reyes & Suryadi v Malki upheld diplomatic immunity leaving migrant domestic
workers employed by diplomats without remedy. The case concerned migrant
domestic workers who were found by UK authorities to be victims of trafficking
and their claim for compensation for racial discrimination, harassment and wage
theft by their Saudi diplomat employer in London. The diplomat successfully
claimed entitlement to diplomatic immunity under the Vienna Convention on
Diplomatic Relations. The Court justified its decision by stating that
“sometimes the apparent unfairness to an individual is outweighed by the harm
that would be caused by a failure to give effect to diplomatic immunity in
circumstances such as those that have arisen in this case”.
Sources: Courts and Tribunals Judiciary, 5 February 2015; Kalayaan, 5 February
2015
Undocumented Children and Their Families
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AMERICAS / New multi-country study on childhood migration in Central and North
America calls for regional response rooted in human rights
A comprehensive regional study, entitled ‘Childhood and Migration in Central
and North America: Causes, Policies, Practices and Challenges’ was released on
12 February 2015. It finds that conditions, laws, policies and practices
throughout the Northern Central America-Mexico-United States corridor
systematically violate the human rights of migrant children and children whose
parents are migrants. The authors—civil society organisations and academics
with expertise on children, migration and human rights—call on Honduras, El
Salvador, Guatemala, Mexico and the United States to reform laws and policies
and to develop a regional response to guarantee children’s rights in countries
of origin, transit and destination. Overall, the study finds four major
shortcomings that deny the basic rights of children and adolescents in the
context of migration: (1) lack of attention to the causes of migration
including social exclusion, marginalisation and poverty, violence and the need
to reunite with family, (2) policies that prioritise immigration
enforcement—such as detention and deportation—over the rights and best
interests of children and adolescents, (3) an absence of adequate reintegration
programs for repatriated children and (4) the lack of comprehensive regional
accords and policies informed by human rights, human development, humanitarian
law and international refugee law. The study concludes that the countries of
the region must act immediately and jointly to promote and guarantee
comprehensive human rights. The study and the press release are available to
download in English and in Spanish. An article entitled ‘Children’s Migration
to the United States from Mexico and Central America: Evidence from the Mexican
and Latin American Migration Projects’ by K. M. Donato & S. Blake has also been
published in the Journal on Migration and Human Security. The findings show
that the migration of children is closely linked to their parents’ migration
history, and that the increase in child migration from Central America and the
continued high levels of child migration from Mexico result from widespread
migration networks and the United States’ long-standing reliance on the
children’s parents as migrant workers. The findings suggest that these children
need protection in the form of family reunification and permanent residence
status.
-
FRANCE / Call to sign petition to ban bone x-ray age tests for unaccompanied
children
A call for signatures was launched in January 2015 to ban the use of bone
x-rays to determine the age of unaccompanied migrant children. Bone x-rays of
the left hand and wrist are used to determine the age of unaccompanied
children. If there are no more growth cartilages, the person is estimated to be
more or less 18 years old. Medical professionals and legal experts have
denounced the unreliability of these tests for determining the age of children,
as well as raising additional ethical and legal concerns. When these
unaccompanied children are judged to be minors, they fall under the protection
of the state; if they are deemed to be adults they risk being deported or can
be sent to prison for misleading the authorities about their true identity.
These tests, intended to be used as a last resort to determine the age of
children, are now widely used by the French authorities with severe
consequences for the unaccompanied children. To sign the petition, click here.
Sources: Le Monde, 17 January 2015
-
IRELAND / Grade for protecting migrant children’s rights: ‘Unacceptable’
The Children's Rights Alliance published Report Card 2015, the seventh in its
annual series of Report Cards, on 23 February 2015. The Report Cards grade the
Irish Government’s performance on issues affecting children against stated
commitments in the Programme for Government 2011-2016, and gives it an E+ grade
for migrant children. The Irish system grades from A (very good) to F (very
bad) and the report defines an ‘E’ grade as ‘unacceptable, taking steps in the
wrong direction, no positive impact on children’. While recognising limited
progress made, including steps to improve the protection of asylum-seeking
children and their families, the report calls on the government to enact both
the proposed International Protection Bill and an Immigration and Residence
Bill. It also calls to consolidate and update existing immigration law and
ensure that other migrant children are also protected, including children at
risk of trafficking and undocumented children. It recommends that both bills
are proofed against the UN Convention on the Rights of the Child (as called for
also in Report Cards 2012, 2013 and 2014), and include a specific legal
provision requiring decision-makers to set out in writing how the best
interests of the child have been considered in their final determination on
that child’s migration status or any other immigration-related decision which
will have a negative impact on that child. Specialist training should be held
with all staff and specialist staff should be employed to work directly with
children. Read the report here.
Source: Eurochild - eNews Bulletin - February 2015
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EU / REPORT / Explainer on child poverty in the EU now available in eight
languages
The Eurochild and EAPN guide ‘Towards Children's Well-Being in Europe:
Explainer on child poverty in the EU’ launched in 2013 (see PICUM Bulletin 17
April 2013) is now available in eight languages: English, Estonian, French,
Italian, Macedonian, Polish, Slovakian and Spanish. The Explainer aims to raise
public awareness on child poverty in Europe and on the devastating effects it
has on lives of children and families as well as on society as a whole. It
challenges the myths around child poverty, provides arguments and concrete
solutions at EU, national, local and individual levels to help stakeholders
mobilise around the implementation of the European Commission Recommendation
‘Investing in Children’. It highlights effective solutions that can help to
fight child poverty and promote the well-being of all children and families,
particularly in times of austerity and public spending cuts. The particular
situation of children of undocumented migrants is addressed in the report as
one of the groups with a greater risk of experiencing absolute or extreme
poverty. The Explainer is available in the eight languages here.
Source: Eurochild - eNews Bulletin, February 2015
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REPORT / UNICEF discussion paper on the repatriation of unaccompanied and
separated children
UNICEF has released a report entitled ‘Children’s rights in return policy and
practice in Europe. A discussion paper on the return of unaccompanied and
separated children to institutional reception or family’ in February 2015 with
contributions from UNICEF Netherlands, Belgium, Denmark, Norway, United
Kingdom, and Sweden. The report highlights key concerns around policy and
practice for repatriation of unaccompanied and separated migrant children,
including the European Return Platform for Unaccompanied Minors (ERPUM). The
report considers both family tracing, for children to be received by their
families, and the establishment of institutional reception facilities in
countries of origin for children to be sent to. UNICEF is concerned that
government efforts to scale up repatriations of unaccompanied and separated
children may lead to protection gaps for these children and give insufficient
consideration to their rights and best interests. The authors of the discussion
paper conclude that relevant policy approaches remain fragmented and do not
address all relevant aspects of the repatriation of unaccompanied and separated
children: Best Interests Determinations are not undertaken systematically;
relevant best interests considerations are not routinely accounted for in the
documentation of decision making processes; family tracing may be undertaken
without proper regard for potential risks or best interests considerations; and
the practice of repatriations to institutional reception facilities remains
insufficiently sensitive to the potential risks entailed for the children
concerned, including through the children’s possible disappearance from
facilities. Alongside a presentation of available data and some children’s
viewpoints, the paper provides a number of considerations for government
practice. Read the paper here.
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SWEDEN / First judgment under new Swedish law shows no improvement for
children’s rights
In July 2014, a new law aiming at easing regularisation conditions for children
entered into force in Sweden (text available here in Swedish). Before,
undocumented persons could get a residence permit due to exceptionally
distressing circumstances, as a last resort, and while the new law kept this
terminology for adults, children can now get residence permits on the basis of
particularly distressing circumstances. Stakeholders hoped that this would
allow children to get residence permits if, for example, they have lived in
Sweden for long periods or if they have specific health issues. However, the
first judgment of the Migration Court of Appeal under this new law is very
restrictive: a 13 year-old girl and her family will be deported even though the
girl has lived in Sweden half of her life.
Sources: Sveriges Radio, 25 February 2015; Sveriges Radio, 13 November 2014
-
SWEDEN / Increasing number of unaccompanied children disappearing from state
care
Many unaccompanied children are disconnecting from state care arrangement in
Sweden, fearing deportation. These children are marginalised and at risk of
human trafficking and other forms of violence. The trend has been increasing;
2014 set a record for the past decade with 374 children having gone missing
(compared to 347 in 2013). During the past ten years more than 2,000 children
have disappeared.
Source: Sveriges Radio, 9 February 2015; Sveriges Television, 12 February 2015
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UK / Continued violations of undocumented children’s rights
The Children’s Rights Alliance for England (CRAE) has published the State of
Children’s Rights in England (SCRE) report, examining whether enough has been
done to ‘fulfil the human rights of children in England.’ A chapter is
dedicated to immigration, asylum and child trafficking, and highlights key
issues around immigration detention, separation of families – both temporarily
and permanently – in order to secure deportation arrangements, lack of access
to legal aid for immigration cases (including to challenge such cases of family
separation), use of force in detention and other challenges facing undocumented
migrant children. These include issues in immigration and asylum
decision-making and procedural guarantees, and lack of access to housing,
further education and health care. Read the report. In a separate development,
a pilot programme was introduced in Lewisham local authority in June 2014
(recently extended to June 2015) to set up a dedicated team to manage support
for migrants with No Recourse to Public Funds and reduce costs for supporting
families. Following the initial pilot stage (as of February 2015), 88% of cases
had been refused support at the initial triage assessment on the grounds that
they did not meet the eligibility criteria. The Migrants Rights Network is
concerned about the restrictiveness of criteria imposed on families who are
presenting as needing support, and whether local authorities are meeting their
safeguarding obligations for vulnerable migrant families. If you are aware of
cases of support being refused in your local areas based on this new
eligibility process, please contact m.rahman@xxxxxxxxxxxxxxxxxxxxx.
Sources: Institute of Race Relations, 29 January 2015; Migrants Rights Network,
Weekly Migration News, 2 February 2015
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UN / Switzerland urged to do more to meet its legal obligations to undocumented
children
The UN Committee on the Rights of the Child has issued its ‘Concluding
Observations’ and recommendations to Switzerland as part of the regular
reporting process for all States Parties on how the Convention is being
implemented. The recommendations include developing policies and programmes to
prevent social exclusion and discrimination of undocumented children and
allowing these children to fully enjoy their rights, including ensuring access
to education, health care and welfare services in practice. Switzerland was one
of the States examined during the Committee’s 68th session from 12-30 January
2015. Read the Concluding Observations here.
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USA / New York State addresses discriminatory school registration practices
that block access for undocumented children
A review of state compliance with national regulations to ensure all children
are enrolled in school regardless of status found that 20 school districts in
New York State were contravening the law by requiring migrant families and
children to provide documents, such as social security cards and proof of
district residency, before their children were enrolled. The joint review by
the State Education Department and the Attorney General’s office which was made
public in mid-February 2015 has resulted in agreements between Attorney General
Eric T. Schneiderman and the 20 districts which will compel them to stop asking
for documents that effectively exclude undocumented children from school. In
addition to changing their enrolment requirements, the districts agreed to
develop new training for enrolment officials and to report any denials of
admission until June 2018.
Source: New York Times, 18 February 2015
Detention and Deportation
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AUSTRALIA / Inquiry finds detention harming hundreds of children
The Forgotten Children: National Inquiry into Children in Immigration Detention
provides first-hand evidence of the negative impacts that prolonged immigration
detention is having on children’s mental and physical health. The aims of the
Inquiry have been: to assess the impact of prolonged immigration detention on
children’s health, wellbeing and development by collecting evidence from
children and their families, scholarly research, Department of Immigration and
Border Protection data and the views of medical experts and the Australian
community; and to promote compliance with Australia’s international obligations
to children’s rights. The evidence given by the children and their families is
fully supported by psychiatrists, paediatricians and academic research. The
evidence shows that immigration detention is a dangerous place for children.
Data from the Department of Immigration and Border Protection describes
numerous incidents of assault, sexual assault and self-harm in detention
environments. Australia currently holds about 800 children in mandatory closed
immigration detention for indefinite periods, with no pathway to protection or
settlement. This includes 186 children detained on Nauru. Children and their
families have been held on the mainland and on Christmas Island for, on
average, one year and two months. Over 167 babies have been born in detention
within the last 24 months. The recommendations include that all children and
their families be released into community detention or the community on
bridging visas with a right to work. The Inquiry, and a summary and discussion
paper are available to download here.
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BELGIUM / Solidarity march for undocumented migrants in detention
About 200 undocumented migrants and their supporters marched on 1 March 2015
from Brussels to the detention centre in Steenokkerzeel, Belgium to raise
awareness of immigration detention and call for the closure of detention
centres in Belgium. There are currently five centres in Belgium with a total of
700 spaces. A similar march was organised on 14 and 15 February 2015 between
Brussels and Antwerp to draw attention to the situation of undocumented
migrants. A festival called “Visa Vie” (in English: Visa for Life), took place
from 23 to 28 February in Louvain-la-Neuve, Belgium to show solidarity with
undocumented migrants in the country.
Sources: La Libre, 01 March 2015; RTBF, 15 February 2015.
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GREECE / Government announces changes in immigration detention practices
After the death of three migrants detained at the Amygdaleza detention centre
in the Greek Attica region, Yannis Panousis, Alternate Citizen Protection
Minister, and Tasia Christodoulopoulou, Minister for Migration Policies,
announced in a joint statement issued on 17 February 2015 their plan to release
all migrants who have completed six months in one of the country’s detention
centres. The plan also foresees the release from detention of vulnerable
migrants, including children, the elderly, pregnant women and people with
serious health problems. The Ministers also expressed their commitment that
undocumented migrants would no longer be detained for more than 18 months and
that the Amygdaleza detention centre should be eventually closed. The
statements came after the suicide of Nadim Mohammed, a 28 year-old migrant from
Pakistan at Amygdaleza detention centre on 13 February 2015. Two young migrants
from Afghanistan and Pakistan, held at Amygdaleza, died on 9 and 10 February
2015. A delegation of Doctors of the World visited the detention centre on 18
February 2015 and reported a series of malpractices, including insufficient
food, lack of medical care, detention of children along with adults and lack of
information on the reasons and length of detention. Similar incidents have been
reported in other detention centres across the country. On 11 February 2015,
Fata Abdul, a 23 year-old man from Yemen, hung himself in his cell at
Thessaloniki Aliens’ Police Department. Detained migrants reported to the
authorities that the victim had been held in isolation for one month. Between 3
and 4 February 2015 a group of 103 newly arrived migrants and refugees,
including a 6 month old baby and his father, were held in detention in the
island of Chios.
Sources: Amnesty International and Greek Council for Refugees Joint Statement,
11 February 2015; To Vima, 18 February 2015 ; Greek Reporter, 14 February;
Enikos.gr, 13 February 2015; Aplotaria, 10 February 2015.
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ITALY / Detrimental conditions in detention in Bari and Rome
Reda Mohammed, a 26 year-old Egyptian national, died on 7 February 2015 in the
Centre for Identification and Expulsion (CIE) in Bari, Italy. The young migrant
died from “irreversible cardiopulmonary arrest” while still in the detention
centre. Criticising the damaging conditions in which migrants are held in the
CIE of Bari Palese, structural deficiencies and poor sanitation conditions of
the centre, civil society organisations, with the support of the Member of the
Italian Senate, Luigi Manconi, have been calling on authorities to promptly
close down the CIE. Since the maximum period of detention for migrants was
lowered in Italy, the five detention centres (CIEs) currently active in the
country hold a total of 749 inmates.
Sources: La Repubblica, 16 February 2015; Class Action Procedimentale, 14
February 2015; Lettera 43, 7 February 2015.
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NORWAY / Unlawful detention of children
A major finding of a new report from the Norwegian Organisation for Asylum
Seekers (NOAS), entitled 'Freedom First - a report on alternatives to
detention', is that children are being unlawfully detained in the Trandum
detention centre (the only detention centre in Norway). Published in February
2015, the report finds that the lack of adequate regulation of the detention of
children and families results in arbitrary application of the law, and
violations of migrant children’s rights. The report also describes various
alternatives to detention and reflects on the need to discuss the legal basis
for detention, the consequences of detention and Norwegian practice in relation
to international obligations, as well as to further develop and implement
alternatives in the Norwegian context. It calls for increased focus on legal
assistance and case resolution to promote the choice of assisted return among
refused asylum seekers who have reached the end of their appeal options. This
applies particularly to the Norwegian practice of detention of children. Read
the report in Norwegian here.
Source: NOAS release, 26 February 2015
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PUBLICATION / “Made Real” Project: Alternatives to immigration detention in the
EU
In the framework of the Made Real Project funded by the EU, the Odysseus
Network published in January 2015 a report on “Alternatives to Immigration and
Asylum Detention in the EU”. The report aims at providing a comprehensive
understanding of the EU legal framework on alternatives to detention (ATD) for
migrants and asylum seekers. It outlines schemes which are currently used as
alternatives to detention including regular reporting to the authorities; the
deposit of a financial guarantee; an obligation to stay at an assigned place;
sponsorship by a citizen of the country or by a long-term resident; designated
residence such as in publicly-run centres as well as electronic tagging. The
report highlights that, while alternatives to detention are still underused in
the EU, a range of practices is available in selected member states. In
particular, the report analyses the operationalisation of alternatives to
detention in six EU member states (Austria, Belgium, Lithuania, Slovenia,
Sweden and the UK). In addition, it includes legal research on the scope of
member states’ obligations to implement alternatives to immigration detention
under international, and European law.
Source: Odysseus Network
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UK / REPORT / Inquiry into the use of immigration detention
A joint inquiry into the use of immigration detention by the All Party
Parliamentary Group on Refugees and the All Party Parliamentary Group on
Migration in the United Kingdom was released on 3 March 2015. The group of
parliamentarians recommended that the next government should introduce a
maximum time limit of 28 days on the length of time anyone can be detained in
immigration detention in the UK. The panel also noted that the
enforcement-focused culture of the Home Office does not follow guidance to use
detention for the shortest possible time, leading to many instances of
unnecessary detention. Among others, the panel also recommended that women who
are victims of rape and sexual violence should not be detained and that
pregnant women should never be detained for immigration purposes. In 2009, over
1,100 children entered immigration detention in the UK and after the General
Election in 2010, the new coalition agreement included a commitment to end the
detention of children for immigration purposes. Since then, the number of
migrant children in detention has declined with 131 children who entered
detention in the year to September 2014. While the panel welcomed this
reduction, they expressed concern about the fact that a number of children are
being detained in adult facilities. The panel also heard directly from detained
individuals. Migrants’ rights organisations in the UK such as Right to Remain
and the Detention Forum helped individuals gather and submit written evidence
to the panel. Evidence submitted to the inquiry is available here. On the eve
of the report’s release, Channel 4 News released footage shot undercover inside
the Yarl’s Wood detention centre, revealing abusive treatment of detained
migrants. To view the full report, click here. A summary of views and responses
to the inquiry is available here.
Source: Right to Remain, 3 March 2015
Events
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CONFERENCE / Mobile Applications for Empowerment & Social Inclusion of
Immigrants
The project Mobile Assistance for Social Inclusion & Empowerment of Immigrants
with Persuasive Learning Technologies & Social Network Services (MASELTOV) will
hold its final conference at the Open University in London on 16-17 March 2015.
The project has researched mobile services and developed technologies for
promoting integration of migrants and cultural diversity in Europe. This
included mobile application solutions to common problems faced by migrants,
including social isolation, understanding of language and culture, and
practical information about getting on in work and life in a new place. The
conference will bring together technical experts, academics, migrant support
organisations, social enterprises and start-ups interested in the topic of
integration and migrant support through mobile technology. For more information
click here. To find out more about the MASELTOV project, click here.
Other News
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CALL FOR PAPERS / Undocumented immigration: effects of policy on the experience
of illegality
The Russel Sage Foundation (RSF) Journal of the Social Sciences has opened a
call for articles for a special issue of the journal on undocumented migration.
The special issue “Undocumented Immigration: Effects of Policy on the
Experience of Illegality” will explore the effects of federal, state and local
policy on irregular migration in the United States. Published articles will
investigate the effects of irregularity on various pathways to social mobility
and the barriers created by this status to full civic participation in the
country's institutions. (Click here for a full description of the topics
covered in this call for papers). Those who wish to contribute should send a CV
and an abstract of their study via this link by 15 May 2015. All submissions
must be original work that has not been previously published. Each paper will
receive a $1,000 honorarium when the issue is published, in late 2016. Papers
will be published open access on the RSF website as well as in several digital
repositories, including JSTOR.
PICUM IN THE NEWS
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EUROPE / Migrants in the Mediterranean: mourning deaths, not saving lives
The electronic magazine Open Democracy published an opinion authored by PICUM
Programme Officer, Maria Giovanna Manieri and PICUM Communications Officer,
Elisabeth Schmidt-Hieber in response to the death of another 300 migrants in
the Mediterranean. The article explains how border security is prioritised over
saving migrants' lives and the lack of political will to find durable solutions
such as the creation of more regular channels.
Source: Open Democracy, 23 February 2015
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